P. Narasimha Rao v. Chief Executive Officer, Z. P. Machilipatnam, Krishna District
2013-10-11
CHALLA KODANDA RAM, L.NARASIMHA REDDY
body2013
DigiLaw.ai
Judgment L. NARASIMHA REDDY, J. The 1st petitioner was appointed as Physical Education Teacher (P.E.T.) in Z.P. High School, Gollanapalli, Krishna District on 13.2.1965. On 30.10.1980, he came to be selected and appointed as Junior Lecturer. He retired from service in the year 2001. While processing his pension papers, the respondents have counted the service of the petitioner only from 13.10.1980 onwards till the date of retirement. Claiming that his services as P.E.T. from 13.2.1965 to 30.10.1980 must be counted for the purpose of pension, the 1st petitioner filed OA No. 12289 of 2009 before the A.P. Administrative Tribunal. He pleaded that his case is squarely covered by the proviso to Rule 26 of the A.P. Revised Pension Rules, 1980 (for short 'the Rules'). 2. The respondents opposed the O.A. by stating that there is nothing on record to disclose that the 1st petitioner submitted resignation with a view to accept any other appointment or that the appointing authority has accepted the resignation in those terms. According to them, the entries in the service records pertaining to the post of P.E.T. were manipulated or interpolated. The first petitioner died during the pendency of the O.A. Therefore, his wife, the 2nd petitioner came on record. The Tribunal dismissed the O.A. through order, dated 17.7.2012. Hence, this writ petition. 3. Heard learned Counsel for the petitioners and learned Government Pleader for Services II. 4. The services rendered by a person in one establishment of Government can certainly be counted, when he joins another establishment, as long as it accords with the relevant provisions of the rules. Though every caution is taken to ensure that the service in an establishment of Government, even with certain breaks is added to the service of an employee in an organization by the time he retires, there are certain important aspects, which need to be taken into account. In case, an employee submits resignation to an employment in an organization, and joins another organization at a later point of time, the service rendered by him in the post to which he resigned does not count for pension. Rule 26 of the Rules reads: "26.
In case, an employee submits resignation to an employment in an organization, and joins another organization at a later point of time, the service rendered by him in the post to which he resigned does not count for pension. Rule 26 of the Rules reads: "26. Forfeiture of service on resignation.- (1) Resignation from a service or post entails forfeiture of past service: Provided that a resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies. (2) Interruption, in service in a case falling under the proviso to sub-rule (1), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him." 5. An exception is carved out, where the very purpose of submitting resignation is to enable the employee to join another organization with better prospects. That however must be evident not only from the contents of the letter of resignation but also the text of the order accepting the resignation. The deceased 1st petitioner did not file any of them before the Tribunal. The extracts from the service records for the post of P.E.T. were filed. We too have examined the originals of the service records. Initially there were no entries about the manner of resignation. It was simply mentioned that the deceased 1st petitioner has joined the post of Junior Lecturer. However in the year 2001, the revised entry was made as under: "In modification of the entry made above, the incumbent was relieved on 13.11.1980 A.N. with permission to take up further appointment as Junior Lecturer (Economics)." 6. This is dated 27.5.2001. The fallacy of this endorsement is evident from the fact that the factum of the petitioner joining as Junior Lecturer is taken into account. If that were to be so, the question of submitting resignation does not arise. At any rate, the entries in the service records that are made two decades after leaving the organization cannot be treated as valid.
If that were to be so, the question of submitting resignation does not arise. At any rate, the entries in the service records that are made two decades after leaving the organization cannot be treated as valid. The Tribunal has taken these aspects into account and dismissed the O.A. We do not find any basis to interfere with the same. 7. The writ petition is accordingly dismissed. 8. The miscellaneous petition filed in this writ petition shall also stand disposed of. There shall be no order as to costs.