- (1.) Challenge in the present writ petition is to the orders of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh passed on 28.10.2009 Annexure P/1 and subsequent order on miscellaneous application on 16.03.2011 in respect of counting of military service for the purpose of pension and pensionary benefits and refund of the amount of the pensionary benefits received by respondent No.1 (for short, 'the applicant') before counting of military service for pension. The applicant-respondent No.1 herein joined Indian Army on 2.5.1964 and was discharged on 28.2.1983. On 6.2.1986 he joined as Electronic Engineer in the Electronic Test and Development Centre (for short, 'ETDC') under the Himachal Pradesh State Electronic Development Corporation.
(2.) The said centre was taken over by the erstwhile Department of Government of India on 1.5.1988. The services of the applicant was transferred to the Government of India w.e.f. 1.5.1988. The terms for transfer are contained in Annexure A/1 dated 31.5.1989. The relevant clauses read as under:- "(a) The appointment will be on transfer basis from the HPSEDC to the SEDC Directorate Department of Electronics under the Government of India. The transfer is effective from 1.5.1988. (b) Your pay will be fixed at the stage of Rs.2350/- & Rs.6/- to be absorbed in further increment in the scale of pay of Rs.2200-4000 & other allowance as admissible under the Central Government. (c) Your present date of increment in HPSEDC will be protected. (d) The services rendered by you in the HPSEDC will count towards pensionary benefits under the Government of India provided the GPF contributions together with interest thereon paid by the department and made over to the Department of Electronics. Similarly the earned leave at your credit could also be protected provided the Corporation pays the leave salary charges. A reference in this regard is being made to the HPSEDC separately."
(3.) Subsequently the Government of India advertised posts of Scientists Engineer to be filled by direct recruitment. The applicant applied for such post and was offered appointment to that post vide order dated 31.5.1991.;