Past service under ICMR and WHO cannot be counted for pension benefits due to lack of CPF contributions, as per Rule 17 of the CCS (Pension) Rules; distinctions between cases support the dismissal.

ORDER :

K. GOVINDARAJAN THILAKAVADI, J.

1. This instant Writ Petition has been preferred by the petitioner praying to issue a Writ of Certiorari, to quash the order dated 05.07.2024 in O.A.No.1728 of 2016 passed by the Hon'ble CAT, Chennai Bench.

2. The brief facts of the case submitted by the petitioner in this writ petition are as follows:

The petitioner was initially appointed on temporary basis as Animal Attendant, under the ICMR Scheme, in the year 1983, and later on, as Lab Assistant in the IMMLEP (WHO) Scheme. Subsequently, she got absorbed in the regular establishment, in the year 1994, in the Central Leprosy Teaching and Research Institute (CLTRI). The petitioner came to know that her past service rendered, in ICMR & IMMLEP, was not counted for the purpose of pay fixation which will also affect her pensionary benefits. Hence, she made a representation on 28.11.1994, to the 1^st respondent, for counting of her past service. Since, there was no favourable action from the respondents, she gave another representation on 20.09.1996. Despite her persistent efforts over the years, the authorities did not provide a favourable solution until 2016. While so, an order was issued seeking clarification regarding her contributions to the Central Provident Fund (CPF) during her tenure under the ICMR and the IMMLEP Schemes. In her response, she clarified that no CPF deductions were made from her salary during the relevant period. The respondents, vide their reply, dated 06.09.2016, cited Rule 17 of the Central Civil Services (Pension) Rules , which stipulated that service period where CPF contributions were not deducted, cannot be considered for pensionary benefits. Aggrieved by this, the petitioner preferred an application in O.A.No.310/01728/2016 before the Hon'ble CAT, Chennai Bench. The learned Central Administrative Tribunal dismissed the above OA by holding that, the past services rendered by the petitioner in the ICMR and WHO cannot be counted for pensionary benefits as per Rule 17 of the CCS (Pension) Rules. Assailing the said order, the present writ petition is preferred.

3.Mr.S.Ramaswamyrajarajan, the learned counsel for the writ petitioner would submit that the respondents have wrongly applied Rule 17 of the CCS (Pension) Rules, which is intended for employees on contract, to deny the petitioner the benefit of counting past service for pension and pay fixation. He emphasised that the petitioner was not appointed on a contract basis and Rule 17 is, therefore, irrelevant. The counsel further contended that, instead, Rule 14 (6) of the CCS (Pension) Rules should have been applied, which governs the counting of temporary service under Government employment. He would further submit that the service of the petitioner comes under the scope of Government on the following points:

a. The petitioner was selected as per the recruitment Rules prescribed for Government employees.

b. The service conditions of the petitioner was guided by the Central Government.

c. The pay of the petitioner was fixed as per the pay structure applicable for the Government employees.

d. The petitioner was engaged by the CLTRI and worked for the CLT & RI, which is a Government body and thus, the autonomous body under which the petitioner was working before her absorption to CLT & RI will be instrumentally of the State under Article 12 of Constitution of India.

4. It is further submitted that, the learned Tribunal has relied upon the Order passed in O.A.No.486 of 2022 decided by the Hon'ble Tribunal upheld by this Court in W.P.No.29787 of 2023 is not similar