JUDGMENT :

Satish Chandra Sharma, J.

1. The present Writ Petition is arising out of order dated 19.02.2010 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 1068/2007 dismissing the Original Application filed by the petitioner.

2. The facts of the case reveal that the petitioner came into service on 01.02.1980 as Junior Steno-cum-VTO in the pay scale of Rs. 330-550/- (pre-revised) under the Council of Scientific and Industrial Research (CSIR), and he was appointed in the Indian Scientific Documentation Centre, (INSDOC), New Delhi. He was confirmed on 18.02.1981 and was promoted to the post of Senior Stenographer in the pay scale of Rs. 425-800/- (pre-revised) with effect from 05.12.1983. The petitioner was later on sent on deputation in the office of Project Director, District Rehabilitation Centre Scheme (DRC), Ministry of Welfare (now known as Ministry of Social Justice & Empowerment) on the post of Sr. P.A. (PS) with effect from 26.04.1988 in the pay scale of 200-3500/-. The period of deputation was extended and finally the lien in the parent organisation i.e. INSDOC came to an end on 27.04.1992. He was absorbed in the Services of DRC.

3. The most important aspect of the case is that the earlier service of the petitioner under the INSDOC was pensionable services and the service under the DRC was not at all pensionable service. The petitioner became a member of the Contributory Provident Fund (CPF) from April, 1992 and the Project of DRC also contributed towards the Employees Contribution in respect of the petitioner.

4. The petitioner, again on deputation, joined the services under the Rehabilitation Council of India (RCI) on 15.06.1998 as Private Secretary in the pay scale of 6500-10500/-, and was later on absorbed in the services of the RCI in the pay scale of 6500-10500/-. The petitioner came up before the CAT stating that he came into service on 01.02.1980, and he has served the respondents up to 07.12.1998, however, while granting the pensionary benefits and upgradation under the Assured Career Progression (ACP) Scheme (ACP), he has not been granted the benefit of past services rendered by him with effect from 01.02.1980. The petitioner in those circumstances prayed for the following reliefs:

“(a) Quash and set-aside the impugned orders dated 27.5.2005, 24.8.2005, 24.4.2006 & 27.6.2006 passed by District Rehabilitation Centre Scheme (Respondent No. 2) and Ministry of Social Justice & Empowerment (Respondent No. 1) respectively. (b) Direct the Respondent No. 1 & 2 to treat the services of the Applicant with Respondent No. 2 w.e.f 26.4.1988 to 6.12.1988 as valid government regular service and further direct the respondents to grant all the consequential benefits, namely counting of past services for the purpose of pensionary benefits (at the time of recruitment), fixing of seniority & grant of financial upgradation under the Assured Career Progression Scheme as applicable to the employees of Respondent No. 2 & 4.

(c) Direct the Respondents No. 1 & 2 to pay upto date interest, if any, on the past service benefits of INSDOC and DRC to enable the Respondent No. 4 to count the service rendered by the Applicant with Respondent No. 2 and 3 as pensionable in terms of Order No. 6 (1) to Appx. 11 to CCS (Pension) Rules, 1972.

(d) Direct the Respondent No. 1 to fix the seniority of the Applicant (with Respondent No. 4) w.e.f. 26.4.1988, the date from which the Applicant has been holding the same post in the same pay scale and make eligible for all consequential benefits.

(e) Any other relief which this Hon’ble Tribunal may be pleased to grant under the facts and circumstances of the case.”

5. The CAT has partly allowed the Original Application by holding that the petitioner’s services under the DRC cannot be treated as Government Service for all purposes and the period cannot be counted towards pensionary benefits. The Tribunal has further held that the petitioner shall be entitled for all conse