Union Of India (Uoi) vs Sant Singh
2002 Latest Caselaw 1347 Del

JUDGMENT

Anil Dev Singh, J.

1. By this writ petition petitioner challenges the order of the Central Administrative Tribunal, Principal Bench dated 29th November, 2001.

2. Facts giving rise to the writ petition are as under.

The respondent worked in the Department of Rehabilitation, Government of India w.e.f. 28th August, 1951 to 29th May 1961. The period for which he worked in the Rehabilitation Department comes to 9 years, 9 months and 2 days. Thereafter he joined the Oil & Natural Gas Commission (for short ONGC); a Government of India undertaking, on being selected for the post of Superintendent. The appointment was in consonance with the policy of the ONGC to absorb surplus employees of the Government. The respondent retired on 31st March, 1987 from the service of the ONGC. After his retirement from ONGC, the respondent sought pro rata pension from the Government of India in respect of the service which was rendered by him in the Rehabilitation Department of the Government of India before his absorption in ONGC. The request was not acceded to. With the result, the respondent filed an application being O.A.No. 1151/2001 before the Central Administrative Tribunal. The Tribunal by the order dated 29th November, 2001 accepted the application and directed the petitioner, Union of India to grant pro rata pension to the respondent for rendering 9 years 9 months and 2 days service in the Rehabilitation Department. The order was required to be complied with within a period of four months. Aggrieved by the order passed by the Tribunal, the petitioner has filed the instant writ petition.

3. We do not find any infirmity or perversity in the order of the Tribunal. The Tribunal was entirely right in holding the respondent entitled to receive pro rata pension for the services rendered by the respondent in the Rehabilitation Department. The respondent admittedly had served the rehabilitation department of the Government of India for 9 years 9 months and 2 days before switching over the ONGC. It appears that the petitioners have not taken into consideration Rule 49(3) of the CCS Pension Rules. The Rules reads as under:--

"49(3). In calculating the length of qualifying service, fraction of a year equal to three months and above shall be treated as a completed one half-year and reckoned as qualifying service."

4. It is clear from the above that in calculating the length of qualifying service fraction of a years equal to 3 months and above is to treated as completion of 6 months for the purpose of reckoning the qualifying service. Since fraction of a year equal to three months and above, is to treated as half year of completed service, the respondent by application of the Rule must be deemed to have completed 10 years of service in the Rehabilitation Department for the purpose of computing the pro rata pension.

5. According to the Memorandum of the Government of India dated 16th June, 1967, by virtue of which revised terms and conditions for absorption of Central Government employees in Central Government public undertakings were issued. The revised benefits were made available to those who were absorbed on or after June 16, 1967. The salient features of the revised instructions were as under:-

A permanent Government servant with not less 10 years qualifying service on absorption in public undertaking was eligible for pro rata pension and death-cum-retirement gratuity based on the length of his service under Government till the date of absorption. The pension was to be calculated on the basis of average emoluments immediately before absorption. The pro rata pension, gratuity etc. admissible in respect of the service rendered under the Government was disbursable only from the date the Government servant would have normally superannuated as he continued in service.

6. In T.S. Thiruvengadam v. Secretary to Government of India, , the Supreme Court relying on Rule 37 of the CCS (Pension) Rules, 1972, held that where a Government Servant who has ben permitted to be absorbed in a Central Government Public Undertaking in public interest, be deemed to have retired from the service of the Government from the date of absorption and shall be eligible to receive retiral benefits in accordance with the Rules. Therefore, the respondent shall be deemed to have retired from Government service from the dat of his absorption in the O.N.G.C. Since under Rule 49(3) of CCS (Pension) Rules, 1972 the respondent is deemed to have competed 10 years of service in the Rehabilitation Department of Government of India, he will be entitled for receipt of pro rata pension.

7. For the foregoing reasons, we are of the view that the respondent was entitled for grant of pro rata pension for the service which he had rendered in Rehabilitation Department. We see no merit in the writ petition. Accordingly the same is dismissed with no order as to costs.