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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, SIBO SANKAR MISHRA
Union of India – Appellant
Versus
Manoj Kumar Das – Respondent
| Table of Content |
|---|
| 1. court acknowledges the order by the tribunal. (Para 1) |
| 2. petitioners argue against counting previous service. (Para 2) |
| 3. opposition claims the order is legally justified. (Para 3) |
| 4. court observes employment history and technical resignation. (Para 4) |
JUDGMENT :
1. The Union Government through the Ministry of Health & Family Welfare and its entities are knocking at the doors of Writ Court for assailing the order dated 31.01.2025, whereby the Central Administrative Tribunal, Cuttack, having favoured sole OP’s OA No. 260/00692 of 2022, has set at naught the order dated 26.04.2019 and has given a consequent direction inter alia for reckoning his service during the period between 04.01.1988 & 15.03.2007 in NIMR under IDVC Project as qualifying service for the purpose of terminal benefits. A period of sixty days is prescribed for compliance.
(i) Case of the OP is not one of Technical Resignation and therefore, the service rendered in NIMR under IDVC Project prior to OP’s regular appointment to the post in question cannot be counted for the purpose of pension & other terminal benefits.
(iii) The Tribunal grossly erred in not following the decision of Madras High Court in P
Technical Resignation allows previous temporary service to count towards pension benefits if the resignation is accepted by conduct, affirming the principle of continuity in service.
The court affirmed that service rendered on ad hoc basis must be recognized for pension eligibility when similarly situated employees received benefits, ensuring equitable treatment.
Resignation from service entails forfeiture of past service unless it qualifies as a 'Technical Resignation' under specific conditions, which were not met in this case.
The court established that administrative errors should not deprive an employee of pension benefits, emphasizing the importance of proper management of service records.
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
Technical resignation requires prior notification of concurrent job applications; failure to do so voids the request.
Temporary service may be counted towards qualifying service for pension eligibility, emphasizing continuous service acknowledgment under relevant pension rules.
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