JUDGMENT

HANSARIA, J. :—Leave granted.

Brain-drain is a loss to any country. It would be more so for a developing country like ours if our scientists and technologists were to prefer to remain abroad because of better service conditions and facilities, With a view to take care temporarily of well qualified scientists and technologists returning to the country from abroad till they are absorbed in suitable posts on permanent basis, the Government of India, in consultation with the Council of Scientific and Industrial research (hereinafter referred to as the Council), whose Director is the appellant, formulated a scheme on 14th October, 1958 by constituting a Pool for the aforesaid purpose. Persons appointed to the Pool are required by the scheme to be attached to Government departments of State Industrial enterprises, national laboratory . university or scientific institution. The officers may also be seconded to a Government department or other organisations including industrial establishment in private sector. The Council has been made the controlling authority of the Pool and the Officers appointed to the Pool are required to be paid emoluments to normally range between Rs. 350 to Rs. 600 per month. The strength of the Pool at the time of the initial constitution was mentioned as 100. The conditions of service of the Pool Officers are required to be regulated by the regulations framed by the Council; till such regulations are framed. the Officers are governed by existing regulations which apply to temporary Class I officers of the council

2. Respondent No.I was one of such Pool Officers to be appointed by letter dated 7th April, 1965 issued by the Council. He was to be paid a salary of Rs. 520 per month plus admissible allowance. He was attached with the Regional Research Laboratory of the Council at Hyderabad. He resigned from the post, which was accepted w.e.f. March 5, 1969. whereafter he joined as Assistant Director. (Chemistry) Central Forensic Science Laboratory (CBI) w.e.f. June 10, 1969 and worked there till January 1984. Thereafter, on 28th January, 1984 he joined as Principal Scientific Officer in the Department of Science and Technology to be transferred in 1986 to the Department of Bio-Technology. He retired on superannuation on 31-12-1992.

3. What led the respondent to approach the Central Administrative Tribunal. New Delhi was that his service as Pool Officer rendered in the Council for the period from July 1, 1965 to March 5, 1969 was not counted for pensionary benefits, and so, he sought a direction from the Tribunal on the appellant to count the aforesaid period as a qualifying period for the purpose of grant of pensionary benefits. This prayer has come to be allowed by the Tribunal. Hence this appeal.

4. The relevant provisions governing pension for an incumbent like the respondent are to be contained in Rules 13 and 28 of the Central Civil Services (Pension) Rules 1972 (the Rules) which read as below:

"13. Commencement of qualifying ser-vice : Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity:

Provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post"

Provided further that-

x x x x x x

28. Condonation of interruption in service-

(a) In the absence of specific indication to the contrary in the service book. an interruption between two spells of civil service rendered by a Government servant under Government including civil service rendered and paid out of Defence Services Estimates or Railway Estimates shall be treated as automatically condoned and the preinterruption service treated as qualifying service.

(b) Nothing in clause (a) shall apply to interruption caused by resignation, dismissal or removal from service or for participation in a strik