CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH ORIGINAL APPLICATION NO.63/784/2021 PRONOUNCED ON: 02.02.2026 RESERVED ON: 23.01.2026 CORAM:

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

VIKASH VYAS AGED ABOUT 50 YEARS S/O LATE SH. AGYA RAM, JUNIOR ENGINEER (RETIRED), (GROUP B), V. & P.O. SALIANA, TEHSIL PALAMPUR, DISTRICT KANGRA (H.P.) -176103.

…. APPLICANT (By Advocate: Sh. Karan Singla).

VERSUS

1. POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH, SECTOR-12, CHANDIGARH THROUGH ITS DIRECTOR.

2. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI-110011.

3. THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF PERSONNEL AND TRAINING, PUBLIC GRIEVANCES AND PENSIONS, CENTRAL SECRETARIAT, NEW DELHI-110001.

….RESPONDENTS (By Advocate: Sh. Sanjay Goyal, Sr. CGSC).

O R D E R

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-

ii) That the impugned office order dated 23.06.2021, Annexure A- 18 may kindly quashed and set aside in the light of facts and circumstances explained above, and in view of rules and settled law on the subject iii) That the respondents be directed to pay / release pension w.e.f. 17.07.2020 and other retirement benefits like Gratuity, Leave Encashment, Commutation of Pension, etc. under the CCS (Pension) Rules, 1972.

iv) That the respondents be directed to pay penal interest on pension and other retirement benefits including GPF w.e.f. 16.07.2020 @ 12% per annum, which may be ordered to be recovered from the salaries of erring officers.

2. The applicant was appointed as Junior Engineer (Electrical) on temporary basis against sanctioned strength of the Construction Division of PGIMER vide appointment letter dated 05.02.1998, Annexure A-1. As per the terms and conditions of appointment, the applicant was governed by the rules and regulations applicable to the employees of the Institute from time to time. The applicant continued in service without any break from 06.02.1998 and successfully completed the probation period. He was allowed to subscribe to GPF, granted annual increments, LTC benefits, revised pay scales under 5th and 6th Central Pay Commission, and his service book was maintained in accordance with the applicable service rules.

Services of the applicant were regularised against a substantive post pursuant to the decision of the Standing Finance Committee dated 14.10.2006, approved by the Governing Body and Institute Body, Annexure A-2. The applicant was initially regularised w.e.f. 25.03.2008 and thereafter, in compliance of the order dated 01.04.2013 passed by this Tribunal in OA No. 1343/CH/2011, his services were regularised w.e.f. 08.02.2007 vide office order dated 20.01.2015, Annexure A-3. After completing more than 22 years of continuous service, the applicant submitted a three months' notice for voluntary retirement under Rule 48-A (1) of the CCS (Pension) Rules, 1972 on 17.04.2020. The said notice was duly accepted by the competent authority vide office order dated 13.05.2020, Annexure A-4, whereby the voluntary retirement of the applicant was accepted w.e.f. 16.07.2020 (Α.Ν.). In pursuance of the acceptance of voluntary retirement, a No Dues Certificate was issued to the applicant on 12.06.2020, Annexure A-5, and a service verification sheet dated 29.06.2020 was issued, Annexure A-6, wherein the net qualifying service of the applicant was calculated as 22 years, 05 months and 11 days by counting his past temporary service from 06.02.1998 to 07.02.2007 followed by regularisation, in accordance with Rule 13 of the CCS (Pension) Rules, 1972.

3. On 18.07.2020 Engineering Establishment of the respondent Institute clarified that the applicant was a temporary employee as per condition No. 1 of the appointment letter and his past temporary service was required to be counted as qualif