An employee’s transition between government-affiliated departments via authorized selection processes qualifies as a technical resignation for pension purposes, entitling the employee to count past service regardless of whether the resignation document explicitly utilized the specific terminology 'technical resignation.'

Judgment & Order

Heard Learned Counsel, Ms. Aradhita Debbarma appearing on behalf of the petitioner. Also heard Learned Addl. GA, Mr. Karnajit De appearing on behalf of the respondents-State and Learned Counsel, Mr. Bhaskar Debbarma appearing on behalf of the respondent TTAADC.

2. The petitioner has filed this writ petition seeking the following reliefs:

“(i) Issue rule calling upon the respondent to show cause as to why a writ of Certiorari or like nature, shall not be issued for setting aside the impugned communication letter No.F.2(10)/-PWD(GE)/76(Pt 38)/8804 dated 10th September, 2024 (Annexure 11);

AND

(ii) Issue rule calling upon the respondents to show cause as to why a writ of mandamus or like nature, shall not be issued directing the respondents to count Past Service of the petitioner from the date of his joining i.e., from 17th March, 1998 as Junior Engineer (Grade-I Civil) under TTAADC to join as Junior Engineer (Civil) (Grade-V of TES), Group-B under the State service for the purpose of pay protection, pension and other retiral benefits;

AND

(iii) To issue any other writ or directions so as to grant complete and adequate relief to the petitioner;

AND

(iv) To pass any other order/orders as Your Honour may think fit and proper for fair ends of justice;

AND

For this act of kindness, the petitioner as in duty bound shall every pray.”

3. At the time of hearing, Learned Counsel for the petitioner drawn the attention of this Court that on 17.03.1998, the petitioner initially joined in service as a Junior Engineer (Grade-I Civil) under Tripura Tribal Areas Autonomous District Council (for short, TTAADC). The petitioner, thereafter, applied for “No Objection Certificate” (for short, NOC) for appearing in the TPSC Examination (Annexure-1 to the writ petition). Accordingly, the respondent-TTAADC vide office order dated 18.08.1999 issued NOC in his favour for appearing in the TPSC Examination. The TPSC published an advertisement dated 01.07.2002 wherein there were 3(three) posts for Civil Engineers and in the instruction portion of the advertisement it was specifically mentioned that “the candidates who get employed after submission of application will have to produce „No-objection‟ certificate from the employers at the time of interview otherwise they will not be interviewed”. The petitioner qualified the examination conducted by the TPSC and after that vide office order dated 27.11.2003 (Annexure-3 to the writ petition) the present petitioner along with others were appointed to the post of Junior Engineer (Civil Degree Holder) TES Grade-V(A) by the PWD, Govt. of Tripura. In the said office order, in column No.II it was specifically mentioned as follows:

“II. These persons (mentioned in I above) are not entitled to pay protection, but the benefit of their past service for the purpose of pension is admissible as per Govt. Rules.”

It was further submitted by Learned Counsel for the petitioner that the petitioner approached to the authority of the PWD for counting his past service (Annexure-4 to the writ petition). In reply, the authority of the PWD, by a communication dated 14.06.2023 sought some clarification (Annexure-5 to the writ petition). Thereafter, on 17.06.2023, the petitioner sent one communication to the Chief Executive Officer, TTAADC, Khumulwng forwarding the letter of Chief Engineer, PWD (R & B) seeking some clarification in respect of counting of his past service (Annexure 6 to the writ petition). The Executive Engineer, TTAADC, Khumulwng by letter dated 06.07.2023 forwarded the relevant documents of the petitioner.

Learned Counsel for the petitioner