Point of Law: Sub-Rules (1) and (2) of Rule 7.5 of the CCS Rules which are relevant for the present purposes are to the following effect, Resignation from a service or a post, unless it is allowed to be withdrawn in public interest by the appointing authority, entails forfeiture of past service, A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies for pension.

ORDER :

The instant petition has been filed for the grant of following relief(s):

(I) That the respondents may kindly be directed to grant the benefits of full pension to the applicant from the date of retirement i.e. 30.4.2002 as per the recommendations of sixth pay commission and which has been accepted by the State Govt. also.

(ii) That the respondents may kindly be also directed to grant the arrear of pension accrued in favour of applicant from the date of retirement i.e. 30.4.2022 alongwith 9% interest till the realization of whole amount.”

2. The applicant was initially appointed as Patwari in the Forest Department in the year 1969 and remained there upto 8.10.1994. Thereafter, the applicant joined the Revenue Department in the office of respondent No. 2 i.e. Collector-cum-Deputy Commissioner, Bilaspur. Later he was promoted as Kanungo on 8.12.2000 and retired after attaining the age of superannuation on 30.4.2002 after completion of 27 years, 6 months and 22 days of service.

3. Now the claim of the petitioner is that since he has completed more than 28 years of service in two departments, therefore, he is entitled to full pension after completion of 20 years of service, as per recommendations of 6th Pay Commission, which have been accepted and implemented by the state government.

4. The respondents have disputed the claim of the petitioner. In the reply filed by the respondents-State, it is averred that the recommendations of the 6th Pay Commission are applicable only to those employees/retirees, who have retired on or after 1.1.2006. Since the applicant retired on 30.4.2002, therefore the amended rules regarding pension/family pension under the Central Civil Service (Pension) Rules 1972 issued by the Govt. of Himachal Pradesh vide office memorandum No. Fin (Pen) A (3)-1/09-Part-1, dated 14.10.2009 are regulating the pension of Pre-2006 retirees. Therefore, the applicant is not entitled for pension as per recommendations made by the 6th Pay Commission. As per amended pension Rules, a conversion table with regard to fixation of pension/family pension of pensioners/family pensioners received alongwith O.M. dated 14.10.2009, the pension of the applicant was converted from Rs. 2709/- per month to Rs. 6124/- per month as per rule 4.1 and 4.2 of revision of pension rules of Pre- 2006 pensioners/family pensioners under Rule-49 of Central Civil Service (Pension) Rules, 1972 applicable w.e.f. 1.1.2006.

5. The petitioner has disputed the stand taken by the respondents by filing rejoinder.

6. I have heard learned counsel for the parties and gone through the records of the case.

7. Rule 26 of the CCS Pension Rules reads as under:

“26. Forfeiture of service on resignation:

(1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the Appointing Authority, entails forfeiture of past service.

(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.

(3) Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.

(4) The appointing Authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:-

(I) That the resignation was tendered by the Government servant for some compelling reasons which did not involve reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation;

(ii) that during the period intervening be