A resignation is treated as a 'technical resignation' for pensionary benefits if the employee applied for a subsequent government post before joining the current service, regardless of whether the word 'technical' is explicitly used in the resignation letter or acceptance order.

O R D E R

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a) An order directing the respondents, their servants, agents and / or employees and each of them to count the past service period of the applicant from 28-09-1992 to 31-10-1993 in the Inspector General of Police Telecommunication Hqrs, Govt. of West Bengal with all consequential benefits.

b) Pass such further order or orders as to this Hon’ble Tribunal may deem fit and proper.”

2. Facts of the case as narrated by the applicant in his O.A are as follows:
The applicant initially joined as Wireless Operator under Office of the Inspector General of Police, Telecom, West Bengal, Calcutta – 40 on 28.09.1992. On 06.10.1993, the applicant submitted a resignation letter for acceptance of the same as the applicant had been selected for the post of Assistant in the office of the Chief Administrative Officer, Ministry of Defence, Government of India, New Delhi – 110011 on the basis of Asstt. Gde. Exam ’90. Prayer of the applicant was accepted and he was discharged from Inspector General of Police, Telecom, West Bengal, Calcutta – 40 on resignation with effect from 01.11.1993 (A/N). On 05.11.1993 (A/N), the applicant joined the post of Assistant under the office of Joint Secretary (Trg.) & CAO, CAO/A-7(A) Ministry of Defence, New Delhi – 110011. The applicant was released from Ministry of Defence, New Delhi on 20.07.2001 (A/N) and joined as Auditor on 23.07.2001 (F/N) in AO, Rifle Factory, Ishapore, 24 Parganas (North) under PCDA Kolkata erstwhile PCA (Fys) Kolkata on inter-departmental transfer basis. The applicant has been pursuing his claim of counting of his service in West Bengal Police for pensionary purposes since 2005 without any positive outcome. Hence this O.A.

3. Ld. Counsel for the applicant submits the following:

3.1. As the applicant worked as Wireless Operator in West Bengal Police Telecommunication and subsequently on appointment to the post of Assistant in Armed Forces Headquarters civil service on the basis of Asstt. GDE Exam ’90, the applicant made a representation on 11-07-2005 to the PC of A (Fys) ‘AN/V’-Sec. 10A, S.K. Bose Road, Kolkata – 700001 inter alia praying for counting of past service for inter-departmental transferee.

3.2. Thereafter on 13-09-2006, an office order was issued by the Account Officer(P), O/o the PCDA(P), Allahabad addressed to the Principal Controller of A/Cs(Fys) 10A, S.K.Bose Road stating the following:-
"Shri Biswanath Sarkar has rendered the following spell of former civil service:-
From 5-11-93(FN) to 20-7-2001(AN)
The former civil service rendered by the above named individual count in full (Except non-qualifying service) towards present engagement, subject to the condition mentioned below:-
1) He/She has tendered "Technical Resignation" in the former deptt. Before joining your deptt.vide rule 26(2), CCS(P) Rule 1972.
2) He/She has not been paid any type of terminal benefits by the respective former deptt......"

3.3. The applicant again made a representation on 05-10-2009 to the Principal Controller of Accounts (Fys) Pay Section (AN-V), 10A S.K. Bose Road, Kolkata- 700001. Having received no reply, the applicant again made a detailed representation on 02-12-2024 to the Officer -in-charge AN SPARSH MO, Local O/o, The PCDA, Kolkata, Kolka