Government servant quitting or resigning without superannuation forfeits past service under CCS (Pension) Rules, 1972, rendering ineligible for pension (needs 20 years pre-1986), gratuity, leave encashment absent retirement.

JUDGMENT :

Ranjan Sharma, J.

Petitioner, Ranjit Singh, has come up before this Court, seeking the following relief:-

“(i) That writ in the nature of mandamus may kindly be issued, directing the respondents to make the payment of pension and other retiral benefits to the petitioner after having put in more than 13 years of regular service in the Department of Industries/Technical Education, Government of Himachal Pradesh.”

FACTUAL MATRIX:
2. Grievance of the petitioner is that he was appointed as Clerk in the pay scale of Rs.60-175 on 29.06.1963 in the Department of Industries, Himachal Pradesh, and though he had rendered 13 years of continuous service, but, no Pension, Gratuity and Leave Encashment was allowed to the petitioner. It is averred that petitioner had made a Representation on 23.01.1977 [Annexure P-II] and another Representation on 17.08.2003 [Annexure P-IV] to the Director of Technical Education requesting to sanction and release the Retiral Benefits and then again on 20.04.2006 [Annexure P-V], but in vain. Petitioner asserts to have served a Legal Notice on 18.02.2009 [Annexure P-VI], to which a response was given on 27.02.2009 [Annexure P-VII], whereby, the case was forwarded by Joint Director Technical Education to the Director of Industries, Himachal Pradesh. In this background, petitioner claims benefit of Pension as per Central Civil Services [Pension] Rules], 1972 for 13 years of regular service rendered in the Department of Industries and Department of Technical Education. It is averred that petitioner has been discriminated as pensionary benefits have not been released, whereas, pension after completion of 10 years of service has been granted to other employees. It is further averred that due to non- payment of pensionary benefits, petitioner has been deprived of his Civil Rights and Fundamental Rights, leading to violation of Articles 14 and 21 of the Constitution of India.

STAND OF RESPONDENT NO.1-SECRETARY INDUSTRIES:
3. Commissioner Industries has filed Reply- Affidavit dated 03.11.2010 admitting that petitioner- Ranjit Singh, was appointed as Clerk in the pay scale of Rs.60-175 and he joined in service on 29.06.1963 in the Department of Industries. In Reply-Affidavit, the factum that the petitioner had rendered 13 years of service, is denied. It is further averred that in 1972 due to bifurcation of Industries Department, petitioner was allocated to the Labour and Employment Department and he is working in ITI at Shimla when the petitioner left his services, while being under the control of Director of Technical Education, Sundernagar. In Para-5 of Reply-Affidavit, it is stated that petitioner abandoned his service in the year 1976 while serving in ITI, Shimla, under the control of Director of Technical Education.

STAND OF RESPONDENTS NO.2 AND 3-TECHNICAL EDUCATION:
3(i). Respondents No.2 and 3 have filed Reply- Affidavit through Director of Technical Education, sworn on 29.11.2010. Reply-Affidavit states that on 21.07.1983 [Annexure R-1], the State Government took Policy Decision to merge seven ITIs and one out-housed ITI for Tribal Area from the Department of Labour and Employment [under Industries Department] to the Department of Technical Education at Sundernagar. Reply-Affidavit states that final allocation of Staff from Industries Department to the Department of Technical Education was made by the State Authorities as per communication dated 20.01.1984 [Annexure R-2] and communication dated 21.04.1984 [Annexure R-3]. In Para-4 of Reply-Affidavit, it is stated that before final allocation of Staff from Directorate of Industries to the Directorate of Technical Education, petitioner left the service of Respondent No.1, i.e. Directorate of Labour, Employment and Training under the Industries Department. In Para-9 (i) & (ii), it is further stated that petitioner had left the services from the Department of Industries and was not