- (1.) HEARD Mrs. Sarita Gupta, learned counsel for the petitioner and Mr. Md. Mokhtar Khan, learned counsel for the Respondent -Union of India.
(2.) PETITIONER in this writ application, has prayed for a direction to the Respondents to allow the benefits of Rule 19 (1) of the Central Civil Service Pension Rule, 1972 and to count the period of military service rendered by the petitioner before he had taken civil employment from 08.11.1965 to 13.11.1974 and to give him all the consequential benefits of pension by counting his previous service. The petitioner's case in brief is that he had rendered 9 years and 23 days of service in the Indian Air Force from 08.11.1965 to 13.11.1974 and in confirmation thereof a discharge certificate dated 13.06.2006, was issued to him by the Department of Air Force Record. Thereafter, the petitioner joined the service under the Department of Telecommunications at the Telephone Exchange, Dumka on 23rd June, 1977. After joining his civil employment, he submitted an application before the Controlling Authority, namely, D.E.T., Patna on 31.12.1977 informing the concerned authorities of the fact that he had completed 9 years 23 days' of continuous service in the Indian Air Force and had requested therein, that the period served by him in the Indian Air Force be counted together with his present service in the Civil employment and had enclosed therewith the discharge Certificate issued by the I.A.F. Prior to the date of his retirement, he had again submitted his application 22.02.2006 with a request to count his period of service in the Indian Air Force together with his present service in the Telecommunication Department, for the purpose of computing pension.
(3.) HIS application was however, rejected by the impugned order (Annexure -6), on the ground that the petitioner was not entitled to claim the addition of his previous service in the Indian Air Force under the provisions of Rule 19 (1) of the CCS (Pension) Rules, 1972.;