JUDGMENT AND ORDER : 1. Heard Mr. S.M. Chakraborty, learned senior counsel, assisted by Ms. P. Sen, learned counsel appearing for the petitioners as well as Ms. A.S. Lodh, learned Addl. G.A. and Mr. B. Dutta, learned counsel for the State respondents. Also heard Mr. B. Majumder, learned CGC appearing for the respondent No. 5 in these petitions. 2. Two writ petitions being Gopinandan Dey vs. State of Tripura and Others, WP (C) No. 151 of 2014 and Joyanta Pal vs. State of Tripura and Others, WP (C) No. 177 of 2014, are consolidated for disposal by a common judgment inasmuch as an identical question of law in the resembling backdrop is involved in these writ petitions. 3. Sri Gopinandan Dey, the writ petitioner in WP (C) No. 151 of 2014 was appointed as the Junior Engineer (Civil) Grade-I w.e.f. 04.10.1997 and he continued in the said capacity till his joining in the post of Lecturer on 31.03.2006 in the Tripura Engineering College, Government of Tripura. Similarly, the writ petitioner, namely Joyanta Pal was appointed as the Junior Engineer (Civil) Grade-I on 27.11.2003 and he joined in the post of Lecturer in Tripura Engineering College on 30.03.2006. It would be apparent that the petitioners served in the post of the Lecturer in the Tripura Engineering College till or on 31.03.2006. Thereafter, both the petitioners were absorbed in the post of the Asstt. Professor in National Institute of Technology (NIT, in short) with effect from 01.04.2006. 4. Mr. B. Majumder, learned CGC has fairly submitted that while fixing their pay in the post of Assistant Professor w.e.f. 01.04.2006 the protection of pay as last received in the post of the Lecturer in the Tripura Engineering College was extended to both the petitioners. Mr. Majumder has further submitted that even while they were appointed as the Lecturer under the Tripura Engineering College which has merged with the National Institute of Technology (NIT), Agartala w.e.f. 01.04.2006, their pay was protected, meaning, the pay they were getting under the State Government was protected while fixing their pay under the Tripura Engineering College and thereafter under the NIT, Agartala. But at the same time, Mr. Majumder, learned CGC has clearly stated that simply because they were given the protection of pay, their past service will not be counted for purpose of pension. But at the same time, Mr. Majumder, learned CGC has clearly stated that simply because they were given the protection of pay, their past service will not be counted for purpose of pension. For this the provisions of Rule 37 and 37-A as amended w.e.f. 26.12.2012 of the CCS (Pension) Rules, 1972 would apply. 5. Rule 37 (3) of the CCS (Pension) Rules provides that where there is a pension scheme in a body controlled or financed by the Central Government in which a Government servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that body for pension or to receive retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government. However, the petitioners herein have averred in the writ petitions that they are entitled to the benefit of the past service for having the pensionary benefits on the basis of service rendered by them, in the posts wherefrom they have been appointed or absorbed to the present post. In this regard, reference has been made to Rule 26 which clearly provides that 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. 6. Mr. Majumder, learned CGC has further submitted that the applications were made by the petitioners through the proper channel. As the Government had permitted them to appear for selection and appointment under the Tripura Engineering College, as such, it has to be deemed that they had taken the approval of the Government for having the new service. That apart, there was no interruption in the service of the petitioners. Immediately, after resignation, they had joined in the Tripura Engineering College. Mr. Majumder, learned CGC has submitted that even there was no requirement of condoning any period to make the resignation intervening with the date of joining. 7. From the other side, Mr. B. Dutta, learned counsel has appeared for the State respondents and submitted that the petitioners were permitted to resign on two conditions viz. Mr. Majumder, learned CGC has submitted that even there was no requirement of condoning any period to make the resignation intervening with the date of joining. 7. From the other side, Mr. B. Dutta, learned counsel has appeared for the State respondents and submitted that the petitioners were permitted to resign on two conditions viz. (a) they will not be entitled to any financial as well as service benefit in view of their resignation and (b) they are to deposit 1 (one) month salary before their release as per terms and conditions of the appointment letter. There is no dispute that both the petitioners have deposited the said amount for having their resignation accepted by the State Government. 8. From a correspondence made from the office of the Chief Engineer, PWD (R&B), Tripura, Agartala, dated 16.06.2008, it would be apparent that the respondents have communicated to the Registrar In-charge, National Institute of Technology, Agartala as follows: “I am directed to refer to your letter No. F.NITA.2 (54- Estt)/2007/274 dated 15.4.08, No. F.NITA.2 (55-Estt)/2007/ 275 dated 15.4.08, No. F.NITA.2 (51-Estt/2007/276 Dated 15. 4.08 & No. F.NITA.2 (52-Estt/2007/277 dated 15.4.08 on the subject cited above and to say that the resignation of the following persons have been accepted by the Department on the following terms and conditions. 1. Sri Gopinandan Dey, Lecturer in Civil Engineering (the then J.E., PWD). 2. Sri Abhik Majumder, Lecturer in Mech. Engg. (the then J.E., PWD) 3. Sri Jayanta Pal, Lecturer in Civil Engg. (the then J.E., PWD) 4. Sri Rajib Saha, Lecturer in Civil Engg. (the then J.E., PWD) Terms and Conditions (a) They will not be entitled for any financial as well as service benefit in view of their resignation. (b) They are to deposit 1 (one) month salary before their release as per terms and conditions of the appointment letter. 2. Besides this the said lecturers have joined the Tripura Engineering College under the Administrative control of Higher Education Department, Government of Tripura before the said institution is recognized by the Government of India as National Institution of Technology (NIT). 3. 2. Besides this the said lecturers have joined the Tripura Engineering College under the Administrative control of Higher Education Department, Government of Tripura before the said institution is recognized by the Government of India as National Institution of Technology (NIT). 3. In view of the above situation P.W.D. has nothing to bear as per terms and condition imposed by Ministry of HRD, Department of Higher Education, Government of India vide office Memorandum dated 21.5.2007 as because on the day of switch over to NIT from Tripura Engineering College the officers concerned were not at all employees of the Public Works Department and this Department regret to deposit any compensation towards pensionary contribution etc. This is for favour of your kind information please.” 9. Mr. Dutta, learned counsel has finally submitted that in view of the terms that the petitioners will not be entitled to any financial as well as the service benefit for their resignation, the Public Works Department had refused to deposit any amount towards pensionary contribution, etc. Mr. Dutta, learned counsel has submitted that the petitioners were in the temporary service and as such they were not entitled to get any financial benefit whatsoever. However, Mr. Dutta has not disputed that otherwise both the petitioners were in the pension establishment in view of Rule 13 of the CCS (Pension) Rules, 1972 which provides that subject to provisions of those rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post. Provided further that (a) in the case of a Government servant in a Group ‘D’ service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th April, 1950, service rendered before attaining the age of sixteen years shall not count for any purpose, (b) in the case of a Government servant not covered by Clause (a) service rendered before attaining the age of eighteen years shall not count, except for compensation and gratuity and (c) the provisions of Clause (b) shall not be applicable in the case of counting of military service for civil pension under Rule 19. Therefore, the service that the petitioners rendered as the Junior Engineer (Civil) is a part of the qualifying service for having the pension. 10. Now the solitary question that emerges is whether the service the petitioners had rendered in the posts under the State Government can be added with the service that the petitioners have been rendering in the NIT, Agartala. According to the rules as stated above, the State Government is supposed to pay the pro rata amount of the pension for the period that the petitioners served under them. Unless, according to the National Institute of Technology, Agartala, such pro rata pension is paid, the petitioners cannot claim the period which they served under the Government of Tripura to be accounted with the service for purpose of pension. In Rule 37 (3) of the CCS (Pension) Rules it has been clearly provided that where there is a pension scheme in a body controlled or financed by the Central Government in which a Government servant is absorbed, he shall be entitled to exercise option either to count the service rendered under the Central Government in that body for pension or to receive retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government. There cannot be any amount of doubt that the National Institute of Technology, Agartala is financed by the Central Government through the Ministry of Human Resource Development (in short, MHRD). Therefore, the absorption of the petitioners in the NIT would entail the benefits as reflected in Rule 37 (3) of the CCS (Pension) Rules. 11. This Court is constrained to observe that what Mr. B. Dutta, learned counsel has submitted that in view of acceptance of resignation letters on the terms that the petitioners will not be entitled to any financial as well as service benefit, the claim of the petitioners cannot be accepted. If the petitioners were continuing under the establishments of the State Government that period would have been automatically counted towards the pension and other retiral benefits and for the period they have served, the Government is bound by law to pay the pension pro rata for each year. Pension is not a gratis or grace of the Government but it is an estate earned by the employees like the petitioners. Pension is not a gratis or grace of the Government but it is an estate earned by the employees like the petitioners. Therefore, the State respondents are bound to pay the pro rata pension for the period that the petitioners have served under the State Government as the Junior Engineer (Civil) before their appointment to the Tripura Engineering College first, and thereafter to the National Institute of Technology. To avoid any confusion it is to be stated that the Tripura Engineering College was an establishment under the Department of Higher Education Department, Government of Tripura. As such, from the date of the appointment of the petitioners till 31.03.2006 the pro rata pension for that period has to be paid by the State Government in favour of the petitioners for purpose of counting of the entire service during that period towards pension which would be receivable by the petitioners on superannuation or retirement or in accordance with the law. 12. Accordingly, the respondents nos. 1, 2, 3 and 4 are directed to deposit the pro rata pension to the respondent No. 5 within a period of four months from the day when the petitioners shall submit a copy of this order. Having received the same pro rata pension, the said amount has to be deposited in the appropriate head and the respondent No. 5 shall record in the service book of the petitioners that such deposit on account of pro rata pension has been received and the petitioners shall be paid the pension and retiral benefits for the whole tenure of service including that of the service that has been rendered under the Government of Tripura in two capacities i.e. the Junior Engineer (Civil) and the Lecturer in the Tripura Engineering College. 13. With this observation and directions this writ petitions are allowed. There shall be no order as to cost.