Judgment

KULDIP SINGH, J.- Special leave granted.

2. The appellant joined Central Government service on 2-3-1974. He was selected for appointment as Senior Engineer in the National Thermal Power Corporation (NTPC), a Central Government Undertaking. He joined the NTPC on 31-10-1986. No specific order confirming the appellant in the service of the Central Government was issued. The question before the Central Administrative Tribunal (the Tribunal), New Delhi was whether the appellant was entitled to pro rata pension for the period of his service under the Central Government. The Tribunal answered the question in the negative and rejected the claim of the appellant on the short ground that the appellant was not a substantive employee of the Central Government. This appeal by way of special leave is against the judgment of the Tribunal dated 24-10-1991.

3. The appellant joined the Central Government service on 2-3-1974 as Technical Assistant in the office of the Director General of Supplies & Disposals and worked there till 12-10-1977. On 13-10-1977 he joined the Indian Meteorological Department (IMD) as Assistant Meteorologist after being selected through the Union Public Service Commission. He was placed on probation for a period of two years. He was permitted to cross the first efficiency bar on 1-10-1983. While working with the IMD he was selected for appointment as Senior Engineer in the NTPC. He was required to resign from the Central Government service for the purpose of joining the NTPC. The appellant delayed his joining the NTPC because his case for confirmation as Assistant Meteorologist was under consideration of the Central Government. The NTPC finally directed the appellant to join on or before 31-10-1986. In the meantime, the appellant was promoted as Meteorologist Grade-I in the IMD with effect from 22-9-1986 and posted at Pune. However, in order to pursue his case for confirmation, he decided to forego the promotion. Despite repeated representations the IMD did not confirm the appellant and, as such, he submitted his resignation on 21-10-1986 to the IMD. He was relieved on 30-10-1986 by the IMD and he joined the NTPC on 31-10-1986. On 11-2-1987 the appellant again represented to the Central Government requesting for the grant of pro rata pension as he had served the Government for twelve years and eight months. The Director General, IMD by his letter dated 11-11-1987 informed the appellant that since the seniority list of the cadre of Assistant Meteorologist has been quashed by the Central Administrative Tribunal, Madras Bench, his case"for confirmation will be considered according to rules on the basis of revised seniority list when finalised". Since no decision was taken by the IMD for considerable time, the appellant approached the Tribunal seeking direction that he should be deemed to be a substantive employee of the Central Government within the meaning of Rule 13 of the CCS (Pension) Rules 1972 (the Rules) and, as such, entitled to pension and other retiral benefits under the rules. As mentioned above, the Tribunal rejected the prayer.

4. The question whether the appellant is entitled to pro rata pension in respect of the service for the period of twelve years and eight months rendered by him under the Central Government depends on the point whether he held the appointment in the service of the IMD in a substantive capacity. It is not disputed that the appellant was appointed as Assistant Meteorologist on 13-10-1977 by way of direct recruitment through the Union Public Service Commission. Direct recruitment, invariably, is made against permanent vacancies. It is not the case of the respondents that the appellant was appointed against a temporary post. The appellant was, therefore, appointed as Assistant Meteorologist against a permanent vacancy. He was on probation for a period of two years. His crossing the efficiency bar in October 1983 and further promotion to the higher post in September 1986 show that he suc