B. SESHASAYANA REDDY, J.

( 1 ) THIS writ petition is directed against the order dated 16-2-1999 passed in o. A. No. 1130 of 1997 on the file of Central administrative Tribunal, Hyderabad Bench at Hyderabad, whereby the learned Central administrative Tribunal, Hyderabad Bench at Hyderabad (for short CAT) allowed the application filed by Mr. A. R. Naidu and directed the writ petitioner to allow the benefit of added years of service in accordance with law to the applicant.

( 2 ) THE writ petitioner herein is respondent-1 in O. A. No. 1130 of 1997. The said O. A. is filed by Mr. A. R. Naidu (Respondent-2 herein) seeking the following relief:"in view of the above, the applicant prays that this Honourable Tribunal may be pleased to direct the respondent authorities to add qualifying service to his 30 years, 4 months and 12 days to make full qualifying service of 33 years to grant him full pension and other benefits which are consequential and incidental to the same besides granting other appropriate benefits. "

( 3 ) HIS case in brief is: He joined in government of Madhya Pradesh Service on 13-9-1960 as a Lecturer in the Reorientation training Centre. On being selected by the union Public Service Commission he joined as Labour Enforcement Officer (Central) on 3-1-1966 in the Chief Labour commissioner s organization in the ministry of Labour, Government of India. He got promoted as Assistant Labour commissioner (Central) w. e. f. 11-9-1973. While working as Assistant Labour commissioner (Central) he went on deputation as Welfare Commissioner, Mica mines Welfare Organization, Andhra pradesh, Kalichedu from 29-5-1975 to 3-8-1977 and as Assistant Welfare commissioner from 16-8-1977 to 22-4-1983 and as Deputy Welfare Commissioner from 27-4-1983 to 30-11-1983 and lastly as Welfare commissioner (Andhra Pradesh, Tamil nadu and Pondicherry) with headquarters at Hyderabad from 29-12-1983 to 2-2-1987. While so, the Central Labour Service (CLS in short) was constituted and thereby integrating the cadres of Assistant Labour commissioner (Central), Labour Officer (Central Pool) and Assistant Welfare commissioner (Central ). Prior to the constitution of CLS the above three categories of the officers were recruited under respective recruitment rules. After formation of CLS, all the above three posts have been equated as per proviso to Rule 9 of CLS Rules, 1987 and all the three posts are interchangeable with one another under proviso to Rule 4 of the CLS Rules, 1987. Much before his appointment as Assistant labour Commissioner (Central) on 11-9-1973 Union Public Service Commission selected him and offered the post of Labour officer (Central Pool ). The offer of appointment indicates that he was fully qualified and possessed relevant professional qualifications and experience to appoint him as Labour Officer (Central pool ). As per Rule 8 (2) of Labour Officers (Central Pool) Recruitment and Conditions of Service Rules, 1951 the benefit of added years of service under Rule 30 of Central civil Services (Pension) Rules, 1972 (for short CCS (Pension) Rules, 1972) will be admissible to the Labour Officer (Central pool ). The Chief Labour Commissioner (Central) issued clarification vide OM/a/38012/1/88 cls I, dated 29-5-1989 that the benefit of added years of service under rule 30 of the Central Civil Services (Pension) Rules, 1972 would be continued to be admissible to the Labour Officer (Central pool) of CLS who are appointed to the service in accordance with the then Labour officer (Recruitment and Conditions of service) Rules, 1951. In view of the office memo referred to above, the Lab our officers (Central Pool) are continuing to get the benefit of added years of service as per rule 30 (1) of CCS (Pension) Rules, 1972 in spite of the fact that as per Rule 17 of CLS rules, 1987, Labour Officer (Central Pool) recruitment and Conditions of Service rules, 1951 had been repealed. He retired from service as Assistant Labour commissioner (Central) on attain

Click Here to Read the rest of this document