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 : Three month’s notice to resign from the post of

Sr. Technician.

Sir,

Respectfully, it is submitted to your kind notice that I have made up my mind to resign from government service due to the following compelling domestic grounds.

1. That I originally belong to Jalandhar District (Punjab).

2. That due to some homely circumstances, my domestic life has been badly disturbed and due to this reason, I was away from my official duties and could not join my duties. This has badly affected my financial position and mental peace.

In view of the circumstances stated above, it is requested that this application may kindly be treated as my “NOTICE PERIOD OF THREE MONTHS” w.e.f. dated 1.4.08 to 1.7.08 be accepted and I may be relieved of my duties at D.DK. Shimla, accordingly.

3. Through this, I thank you and all my seniors for all the co-operation and encouragement extended to me during the short span of my service in the Department.

Thanking you,

Yours faithfully

Dated March 27, 2008

Sd/-

(JIWAN KUMAR)

SR. TECH

DDK, SHIMLA”

2(iv). The respondents accepted applicant’s resignation on 31.10.2008. The office order accepting his resignation, reads as under :-

“The resignation of Sh. Jiwan Kumar, Sr. Technician, Doordarshan Kendra, Shimla is accepted on his request w.e.f. 14/10/2008.”

As per endorsement on it, a copy of the communication was sent to the applicant. Vide another office order issued on 31.10.2008, applicant’s unauthorized absence from duties for the period 01.07.2000 to 14.10.2008 was ordered to be treated as ‘Diesnon’. The absence period was not to be counted as duty for any purpose. The office order is extracted hereinafter :-

“Sh. Jiwan Kumar, Sr. Technician on his transfer from Doordarshan Kendra, Jalandhar to Doordarshan Kendra, Shimla remained unauthorisedly absent from duty till 14.10.2008 after relieving from Doordarshan Kendra Jalandhar on 30.06.2000 (AN). His absence from 01.07.2000 to 14.10.2008 was treated as “Dies-non”. The absence period as shown above will not be counted as duty for any purpose.”

2(v). On 09.07.2012, the applicant issued a legal notice to the respondents that he had resigned on 27.03.2008 due to domestic compulsions and now wanted to continue in service by withdrawing the resignation. The respondents responded to the legal notice on 17.09.2012. It was stated that applicant’s resignation was accepted on 14.10.2008. Intimation regarding this had been sent to him. Therefore, applicant’s prayer cannot be accepted.

2(vi). The applicant thereafter filed original application before the learned Central Administrative Tribunal (in short ‘Tribunal’), seeking quashing of order dated 31.10.2008 with an alternative prayer that even if his case was to be taken as that of resignation, then also the resignation will not entail forfeiture of applicant’s