The duration of service, interruption in service, and permission for changeover are crucial factors in determining the eligibility to include past services for pension benefits under the Orissa Civil Services (Pension) Rules, 1992.

JUDGMENT

Amitava Roy, J.

1. Heard Mr Muduli, learned Addl. Standing Counsel for the State-petitioner.

2. The judgment and order dated 8.6.2005 passed by the learned the O.A.T. Bhubaneswar in Original Application No. 2577/99 constitutes the subject matter of assailment in the instant petition.

3. Brief outline of the pertinent facts is essential.

The opposite party herein was appointed as Laboratory Assistant with the S.C.S. College, Puri and served in the said capacity from 3.7.1958 to 17.3.1962 i.e. for a period of 3 years 8 months and 14 days, whereafter he joined the University College of Engineering, Burla, which was under the administrative control of Utkal University, and served therefrom 19.3.1962 to 11.5.1968. The opposite party thereafter joined Govt. service on 12.5.1968 and retired on 31.10.1996 as Executive Engineer (Electrical) under the Energy Department of the Government of Orissa.

4. Subsequent thereto, he represented to the Government to count his past services under the S.C.S. College and the University College of Engineering, Burla, towards qualifying service, but, as the same remained unheeded, he eventually approached the Tribunal in O.A. No.933/99, which was disposed of on 13.5.1999 requiring the petitioner herein to dispose of his representation within a period of three months. The representation having been rejected and the decision to that effect being communicated to the opposite party by letter No. ELEE Case No.61/99-13079/Bhubanewar dated 29.9.1999, he returned to the Tribunal with O.A. No.2577/99. He contended therein that he was entitled to have his past services of 9 years 10 months 6 days cumulatively with S.C.S. College, Puri and the University College of Engineering, Burla, added to the length of qualifying service for his pension and other retiral benefits. While admitting that he had been sanctioned pension on the basis of his service with the Government from 12.5.1968, the opposite party insisted that there is no provision in law and more particularly in the Orissa Civil Services (Pension) Rules, 1992 (for short, hereinafter referred to as “the Rules”) to deny him the benefit of the past services as claimed by him. He averred as well that there being no interruption in his services due to resignation, dismissal or removal, he was indeed entitled to the benefits of his past service in the S.C.S. College, Puri, and University College of Engineering, Burla, on the basis of circular No.2276-Pen-32/ 88-F dated 20.1.1990 of the State Government to the effect that on the absorption of employees of the autonomous bodies in the Government and/or vice versa their services would count for pension. The opposite party in his application asserted that he had never resigned from service in any of the institutions that he had served and that he had been duly relieved by the S.C.S. College, Puri and Utkal University to join the Govt. Service.

5. The petitioner-State in its written statement, pleaded that the opposite party was not a civil servant during his service with the University College of Engineering, Burla. Further, to treat his service period with the S.C.S. College, Puri, he ought to have rendered service at least five years therein before switching over to his new assignment. The petitioner-State averred as well that the opposite party ought to have taken prior permission to change over to any other civil service and that his service records did not indicate about these aspects for he was not entitled to the accretion of his services with the S.C.S. College, Puri and the University Engineering College, Burla to the length of the qualifying service for the purpose of pension under the Rules.

6. The opposite party in his rejoinder maintained with particular reference to Rule 36(b) of the Rules that he was entitled in law to claim the benefit of the services with the S.C.S. College, Puri and the University Engineering College, Burla. He emphasized that Utkal University was an autonomous body and tha