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2021 Supreme(HP) 763

RAVI MALIMATH, JYOTSNA REWAL DUA
Prasar Bharti Broadcasting Corporation of India Through The Chief Managing Director, Doordarshan Bhawan Sansad Marg, New Delhi – Appellant
Versus
Jiwan Kumar (Senior Technician) S/o Shri Gurdev Raj – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sh. Balram Sharma, Assistant Solicitor General Of India
For the Respondent:Sh. Sanjeev Bhushan, Senior Advocate With Sh. Rakesh Chauhan, Advocate

ORDER :

Jyotsna Rewal Dua, J.

Both these writ petitions arise out of judgment dated 14.8.2014, passed by the learned Central Administrative Tribunal, Chandigarh Bench in OA No.904/PB/2013, titled Jiwan Kumar Versus Prasar Bharti Broadcasting Corporation of India and others. Being interconnected, these are taken up together for decision.

CWP No.1006 of 2015

Whether learned Tribunal was justified in not considering the impact of Rule 26 of the CCS (Pension) Rules, 1972 to the facts of the case and whether learned Tribunal erred in law in granting benefit of past service for releasing pro-rata pension in favour of the original applicant, are the points falling for consideration in the instant petition.

2. Facts :-

2(i). The applicant was appointed as Technician in the year 1986 in Doordarshan Relay Centre, Pathankot. He was promoted as Senior Technician on 12.01.1990.

2(ii). The applicant proceeded on leave in September, 1999 and sought extension of the same from time to time. He never joined his duties thereafter and remained unauthorizedly absent from duties.

2(iii). On 27.03.2008, the applicant submitted his resignation to the respondents. His resignation letter reads as under :-

    “Subject :

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