The present appeal has been filed by the National Technical Research Organization and others, feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.10.2021 passed by the High Court of Karnataka at Bengaluru in Writ Petition No 10867/2021, by which the High Court, while allowing the said writ petition preferred by the respondent herein and setting aside order dated 31.05.2021 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (hereinafter referred to as the ‘Tribunal’) dismissing O.A. The High Court has further made it clear that the respondent – original writ petitioner would be entitled to all such benefits as are permissible to her on the premise that she held the post of Scientist ‘H’ and the last drawn pay in that post would be the criteria for settling all her benefits. On being selected and appointed as Scientist ‘H’ in NTRO on direct recruitment basis, the respondent – original writ petitioner tendered her technical resignation from the post of Scientist ‘G’ in DRDO, which came to be accepted on 22.6.2018 and DRDO relieved her to take up the new appointment in NTRO.
However, thereafter while she was on probation as Scientist ‘H’ in NTRO, the ACC vide order dated 12.02.2019 granted approval for her premature repatriation from the post of Scientist ‘H’ (on probation) in NTRO to her parent department cadre – DRDO with immediate effect. 2 It appears that in the month of April, 2019, the case of the original writ petitioner for promotion from Scientist ‘G’ to Scientist ‘H’ in DRDO came to be considered and she was informed to participate in the assessment for promotion. 3 The Tribunal on consideration of the matter observed and held that the order dated 12.02.2019, was an order of discharge simpliciter during her probation period and as she had earlier rendered technical resignation from DRDO and/or appointment with DRDO on tendering a technical resignation, she continued to have lien with the DRDO and therefore, she was rightly repatriated to DRDO.
By the impugned judgment and order, the High Court has set aside the judgment and order passed by the Tribunal by observing that once the respondent was appointed as Scientist ‘H’ in NTRO on direct recruitment basis, NTRO could not have repatriated her on a lower post that she originally held in DRDO.
However, thereafter the High Court has modified the order passed by the Tribunal and ordered that the order dated 12.02.2019, shall be read as an order of discharge simpliciter and that she shall be entitled to all consequential benefits including the benefit of past service that she had rendered in DRDO for computing her terminal benefits. Aishwarya Bhati, learned ASG appearing on behalf of the NTRO has vehemently submitted that in the facts and circumstances of the case, the High Court has committed a very serious error in directing to treat the order dated 12.02.2019 as an order of discharge simpliciter.
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It is submitted that therefore, during the probation period, when her work was not found satisfactory, a conscious decision was taken by the ACC to revert her back to the parent department, i.e., DRDO where she continued to have a lien. dated 17.08.2016 (Technical Resignation & Lien)
stipulates that on technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. It is submitted that in the present case, the respondent being a permanent Government servant and having a lien in the post of Scientist-G in DRDO, cannot avail of qualifying service for pensionary benefits as Scientist-H (on probation) under CCS (Pension) Rules 1972, as she was on temporary service while on probation against the post of Scientist – H in NTRO.
3.7 It is submitted that therefore, the High Court has materially erred in directing that the respondent is entitled to all consequential benefits including the benefit of past service that she had rendered in DRDO for computing her terminal benefits and to treat her discharge as discharge simpliciter from the service with NTRO.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
It is submitted that when the respondent was repatriated to a lower post namely Scientist-G at CAIR, DRDO and when no decision was taken to appoint her on the post of Scientist-H at CAIR, DRDO, the respondent proceeded on three months’ leave. 4 It is submitted that even the appellant passed on some instructions to the respondent, received on 24.04.2019, asking her to apply for leave through Director CAIR, DRDO and the respondent applied for 3 months’ leave from 13.02.2019 to 28.06.2019. It is submitted that in the said bio-data it was stated by her that she received a letter from CAIR on 29.03.2019, stating that she has been appointed to the post of Scientist G at CAIR, DRDO. State of Punjab and Ors., (1989) 4 SCC 99 (para 8), it is vehemently submitted that as observed and held by this Court, a lien is entirely at the discretion of the employee. It is submitted that as per Rule 13 of the Pension Rules, qualifying service of a Government servant commences from the date he takes charge of the post to which he is first appointed substantively. By the impugned judgment and order, the High Court has also directed that under the order dated 12.02.2019, the services of the original writ petitioner – respondent herein shall stand discharged and that she shall be entitled to all consequential benefits including the benefit of past services that she had rendered in DRDO for computing her terminal benefits. (ii)
Case Title: NATIONAL TECHNICAL RESEARCH ORGANIZATION Vs. DIPTI DEODHARE (2023 INSC 134)
Case Number: C.A. No.-000413-000413 / 2023
