Please issue legal notice to your employer for clarification of issues in writing expressly by letter or Email.
If not solved then as per your grades Labour Commissioner to provide you proper relief under Central Government Services Rules.
Past Service count.
My wife in service of Kendriya Vidyalaya under the Ministry of HRD since from dated 23.11.1993. Before joining KV she was in service of Jawhar Novday Vidyalay (JNV) also under HRD from dated 12.03.1991. She applied through proper channel for the post of TGT(ENG) of KV from the parent organization JNVS in same post TGT(ENG). She obtained NOC from parent organization and refund CPF before joining new organization KV. She applied to KV administration for counting her past rendered service at JNVS from dated 12.03.1001 to 23.11.1993 i.e. 2years 8months as it is purely Technical Resignation. The KV administration replied the case can not be acceded to in provision of Rule 17 of Central Civil Service (Pension) Rule 1972. But it has studied that this Rule heading pertaining to " Counting of service on contract". Kindly find the merit of the case. I may go for legal proceedings in near future.
Asked 4 years ago in Civil Law
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12 Answers
Kindly suggest which way this can be processed.
Asked 4 years ago
yes you have merits in your case. You can proceed if resolution is not given to you
- Rule 17 of Central Civil Service (Pension) Rules, 1972 provides that contractual service followed by substantive appointment in a pensionable establishment can also be counted towards qualifying service for grant of pension.
- Further , Rule 17 of CCS (Pension) Rules, 1972 permits counting contractual service towards qualifying service for grant of pensionary benefits.
- So, this rule is for Counting of service on contract, and since your wife was in regular service and not on contract , hence her past rendered service would be considered .
- Further , she is entitled to count the period from from dated 12.03.1001 to 23.11.1993 towards annual increments and qualifying service for pension.
1. The logic of the KV does not appear to be based on sound principle of law.
2. The service rendered by your wife to an another organisation of similar service and being severed by way of technical resignation is to be taken into account.
3. So it is a fit case where she can challenge this before the Administrative Tribunal or the High Court .
Yes they are right Rule 17 barred as withdrawal of CPF.
Your case is effected by laches. She was appointed in 1993 and now you are looking for legal remedy ?
When she applied for counting her past rendered ?
Yes it's for employees for contract initially who can later appointed in substantive capacity.
17. Counting of service on contract -
(1) A person who is initially engaged by the Government on a contract for a specified period and is subsequently appointed to the same or another post in a substantive capacity in a pensionable establishment without interruption of duty, may opt either :-
(a)
to retain the Government contribution in the Contributory Provident Fund with interest thereon including any other compensation for that service ; or
(b)
to agree to refund to the Government the monetary benefits referred to in Clause (a) or to forgo the same if they have not been paid to him and count in lieu thereof the service for which the aforesaid monetary benefits may have been payable.
(2) The option under sub-rule (1) shall be communicated to the Head of Office under intimation to the Accounts Officer within a period of three months from the date of issue of the order of permanent transfer to pensionable service, or if the Government servant is on leave on that day, within three months of his return from leave, whichever is later.
(3) If no communication is received by the Head of Office within the period referred to in sub-rule (2), the Government servant shall be deemed to have opted for the retention of the monetary benefits payable or paid to him on account of service rendered on contract.
Note : (Refer order on rate of interest payable on delayed payment of DCRG and rate of interest chargeable on refund of pensionary benefits already drawn, in connection with counting of past service under CCS (Pension) Rules, 1972 and Department of Pension & Pensioners’ Welfare OM No. 28/10/84-PU dated 29.8.1984 as amended from time to time – reg.vide DP&PW O.M. no. 38/34/2001-P&PW(F) dated 29-4-2002)
Dear Sir,
You may very well go for the legal proceedings.
You can file a writ before the high court.
Merits of case are in your favour if job of your wife was of permanent nature and not a contract job.
You can file writ petition against HRD and KV for counting of previous job
The KVS is not the authority to decide the invalidity about it especially when your wife was confirmed employee and had tendered technical resignation, she is eligible for the benefits of the past service including protection of pay and past services for the purposes of pension.\
The misinterpretation of the KVS authorities of the rules in this regard is really a pitiable condition.
You can better file a OA before CAT seeking remedy for this now itself or it will become too late.
First let she make a representation in writing to the competent authority venting out her grievances, seeking intervention and remedy for the present crisis.
Let the authority reject her application in writing, collect the evidences and resort to legal action as suggested in furtherance for proper remedy and relief.