The Tribunal held that previous service in an autonomous body qualifies for counting towards pensionary benefits in a new government position.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. By way of the above captioned 04 Original Applications filed under section 19 of the Administrative Tribunals Act, 1985 , the applicants have sought relief of pay protection and counting of their previous service rendered in the KVS as qualified for pensionary benefits pursuant to their appointment to the UT Administration, along with all consequential benefits and interest @ 18% p.a. The relief claimed, the facts, the grounds and the legal issues contained in the aforesaid OAs are common, therefore, these Original Applications are being disposed of by a common order with the consent of learned counsels for both sides. For the sake of convenience, the facts are being taken from Original Application No. 311/2017 titled Dheerja Sharma Vs. Chandigarh Administration and Others.

2. The summarized facts of the case (as taken from OA No. 311/2017) are that the applicant joined the Kendriya Vidayalaya Sangathan ("KVS") on 04.03.1994 as T.G.T. (Social Studies).Pursuant to newspaper advertisement issued by Education Department, Chandigarh Administration on 06.03.2000 (A-2), applicant being eligible applied through proper channel which was forwarded by KVS vide letter dated 10.03.2000 (A-3). She was appointed as Mistress (TGT), Social Studies in the pay scale of Rs. 5480-8925 against a vacant post in Govt. Model Senior Secondary School, Sector-10, Chandigarh with immediate effect vide Appointment Order dated 25.01.2002/29.01.2002 (Annexure A-4). She was relieved off her duties from KVS w.e.f. 08.02.2002 on account of her resignation as Technical formalities as per her request dated 31.01.2002/05.02.2002. After resignation and relieving from KVS, the applicant joined the services at Govt. Model Senior Secondary School, Sector-10, Chandigarh on 08.02.2002 (Annexure A-6). As per the Last Pay Certificate issued on 08.02.2002 by KVS (A-6), the applicant was drawing the pay of Rs. 6550/- in the pay scale of Rs.5500-175-9000/-. Upon joining the Chandigarh Administration, the pay of applicant was fixed @ 5480 in the pay scale of Rs.5480-8925/-. The applicant made representation dated 19.04.2002 for counting of past service rendered in KVS as qualifying service and protection of pay drawn in KVS, followed by a reminder dated 26.08.2004 (Annexure A-8 colly). The respondent no. 2 wrote to KVS on 13.03.2013 and requested for depositing the capitalized value of the share of pension of applicant for the period for which she served in the KVS (Annexure A-16) and in response thereto, the KVS vide letter dated 20/31.03.2014 (Annexure A-17) wrote to the Respondent No. 2 for informing the name of the authority in whose favour the cheque/demand draft has to be remitted. The KVS vide letter dated 22.04.2015 (Annexure A-19) informed that the service rendered by the applicant in KVS is covered under the pensionary benefits scheme 1972 and she was entitled to pensionary benefits and that she had been contributing to GPF Scheme. The applicant has mentioned that in similar case of one Mrs. Yogeeta Khanna, who joined the Chandigarh Administration after resigning from KVS, the benefit of protection of pay at the stage of Rs.6200/- and for pensionary benefit has been granted vide order dated 14.11.2011 (Annexure A-23).

3. The contention of the applicant is that the action of the respondents in not counting the past service of applicant rendered in KVS as qualifying service for the purpose of penionary benefits and in not protecting her pay which she was getting in KVS, is in contravention of Rule 3.44 of the Punjab Civil Services Rules , Volume-II and O.M. dated 29.08.198