- (1.) Shri R.C. Verma petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking relief that the impugned order Annexure P-10 dated 19.7.1993 be quashed and directions be given to the respondents to count the past service rendered by the petitioner under the Directorate of Education, Delhi Administration, Delhi from 22.8.1962 to 23.7.1964 for the purpose of pension etc.
(2.) The case set up by the petitioner is that initially he was appointed to the post of Post Graduate Teacher in the Directorate of Education, Delhi Administration, Delhi on 22.8.1962 in the scale of Rs. 250-470 vide appointment letter dated 22.8.1962. Subsequently, in response to the advertisement given by the Punjab Public Service Commission, the petitioner applied for the post of a Lecturer in Chemistry in the Directorate of Education, Punjab through proper channel. He was selected and he joined his new assignment in the Government College, Hisar on 23.7.1964. The petitioner rendered service in the Delhi Administration from 22.8.1962 to 23.7.1964. With the reorganisation of the erstwhile State of Punjab the petitioner was allocated to the State of Haryana. After serving in the Education Department of the Haryana up to 31.8.1969, the petitioner was selected as Assistant Chemist in the Industries Department, Haryana on which post he joined on 2.9.1969 and he was confirmed w.e.f. 3.9.1969 vide office order dated 7.3.1972. He retired on 31.5.1993. It is alleged by the petitioner that the Government of India, inter alia, decided in consultation with the State Governments vide letter dated 9.10.1986 that the liability for pension including the gratuity would be borne in full by the Central or State Government to which the government servant permanently belongs at the time of his retirement. It was further provided that no recovery of proportionate pension will be made from the Central/State Government under whom he had served. The system of allocation of pension between the Central and State Government which was previously in vogue had been dispensed with and this decision came into force w.e.f. 1.4.1987. The petitioner made a representation dated 4.12.1991 and submitted that under the Government of India's orders, liability for pension is to be borne by the Haryana Government with regard to the period when the petitioner served under the Delhi Administration. Respondent No. 2 made a reference to respondent No. 1, but respondent No. 1 expressed his inability to agree with the proposal sent by respondent No. 2. The case of the petitioner now is, that due to non-counting of the service rendered by the petitioner under the Delhi Administration for the period from 22.8.1962 to 23.7.1964 i.e. 1 year and 11 months, there is loss in pension and gratuity. Hence the present writ petition.
(3.) Notice of the writ petition was given to the respondents. They have filed the reply and denied the allegations. According to the respondents, Rule 3 of the Haryana Government (Finance Department) Notification dated 31.12.1982 as amended vide Rule 3.17, runs as follows : Note 3(a) In respect of temporary employees of the following categories who render service under the Central/State Governments prior to securing posts under the Central/State Governments on their own volition in response to advertisement or circulars including those by Union/State Public Service Commission and who are eventually confirmed in their new posts, the proportionate pensionary liabilities in respect of temporary service rendered under the Central/State Governments to the extent such service would have qualified for grant of pension under the rules of the respective Government will be shared by the concerned Governments on a service share basis: (1) Those who having been retrenched from the service of Central/State Government secured on their own, employment under State/Central Government either with or without interruption between the date of retrenchment and date of new appointment. (2). Those who while holding temporary posts under Central/State Governments apply for posts under State/Central Governments through proper channel with proper permission of the administrative authority concerned." Explanation : Where an employee in Category (2) is required for administrative reasons for satisfying a technical requirement, to tender resignation from the temporary post held by him before joining the new appointment, as a certificate to the effect that such resignation had been tendered for administrative reasons and or to satisfy a technical requirement, to join with proper permission, the new posts may be issued by the authority accepting the resignation. As period of this certificate may also be made in his service book under proper attestation to enable to get this benefit at the time of retirement. The gratuity, if any received by the Government employee for temporary service under the Central/State Governments will, however, have to be refunded by him to the government concerned. (b) Those employee who while holding temporary posts under Central/State Governments apply for post under Central/State Governments direct without permission and resign their previous post to join the new appointment under the Central/State governments, will not be entitled to count their previous service for pension.";