The main legal point established in the judgment is the interpretation of the Office Memorandum and communication regarding the entitlement to pensionary benefits for services rendered in different institutes.

JUDGMENT :

Vipin Sanghi, J.

The petitioner assails the order dated 21.07.2020, passed by the State of Uttarakhand, wherein the stand taken by the State is that the State is not bound by the Office Memorandum dated 29.08.1984 read with communication dated 07.02.1986. The said decision was communicated to the petitioner in consequence of the judgment dated 13.11.2019, rendered in Writ Petition (S/B) No. 611 of 2018, earlier preferred by the petitioner.

2. The background facts may first be noted. The petitioner was serving in Bipin Tripathi Kumaon Institute of Technology, Dwarahat (for short ‘BTKIT’), District Almora, in the capacity of Assistant Registrar. While serving with BTKIT, the services of the petitioner were pensionable under the old pension scheme. He had been confirmed on the post of Assistant Registrar in BTKIT on 04.09.2001. While he was so serving, he on his own found an employment, on contractual basis, as Deputy Registrar of the Motilal Nehru National Institute of Technology, Allahabad, Prayagraj, Uttar Pradesh (for short “MNNIT’). The petitioner routed his application for the post of Deputy Registrar in MNNIT, through proper channel. After his selection, he was appointed as Deputy Registrar (Accounts) in MNNIT, on contract basis for one year. The petitioner’s request for grant of leave without pay on lien for one year to join the post of Deputy Registrar (Accounts) at MNNIT, Allahabad was acceded to; and he was relieved on 16.12.2006. He held lien on his post in BTKIT upto 18.12.2007. His contractual service was extended for one more year, i.e., 18.12.2008. The petitioner’s requested for extension of leave without pay was acceded to upto 18.12.2008 by BTKIT.

3. The petitioner’s services were further extended by MNNIT, Allahabad for a further period of one year from 19.12.2008. The petitioner again sought extension of leave without pay for a further period of one year from BTKIT on 18.12.2008. However, his letter was not responded to by BTKIT. The petitioner was directed to report back to his duty at BTKIT (formerly known as KEC, Dwarahat) vide letter dated 12.05.2009, latest by 30.05.2009, informing him that, otherwise, his services would be treated as a technical resignation as per applicable Rules. The petitioner did not comply with this communication, and consequently, the Principal, KEC Dwarahat, sent another letter on 17.07.2009, informing him that leave without pay has not been extended and, therefore, he must report back to duty. On 21.07.2019, the petitioner requested the Principal, KEC, Dwarahat for sanction of extra-ordinary leave without pay for the period 19.12.2008 to 18.12.2009, assuring that no further extension of leave would be sought. BTKIT, however, did not respond to this communication. Since the petitioner did not report in his parent organization, the Principal KEC, Dwarahat, informed the petitioner on 11.08.2009, that his service has come to an end with immediate effect as per Rules.

4. The petitioner sought review of the earlier decision to terminate his services. In the meantime, the Board of Governors of MMNIT, in its meeting held on 12.08.2009, regularized the services of the petitioner in MNNIT with effect from the date of his joining, i.e., 19.12.2006.

5. The petitioner submitted his resignation to the Director, BTKIT, Dwarahat on 15.02.2010. On the same day, the petitioner sought the counting of his past service which he had rendered with KEC, Dwarahat from 04.09.1998 to 18.12.2006, i.e., a period of little more than eight years, for the GPF-cum-pension scheme. It appears that certain correspondence ensured between the MNNIT, Allahabad and KEC, Dwarahat, and the Registrar BTKIT, Dwarahat responded in the affirmative, vide letter dated 25.05.2010 to the query – whether BTKIT would be willing to discharge its liability towards pension/GPF/GIS and leave salary for services rendered by the petitioner in the said Institute?

6. The Registrar, MNNIT requested the BTKIT, Dwarahat to send the petit