Technical Resignation Enables Continuity of Service for Dr. Manoj Kumar Das
In a landmark decision, the Orissa High Court upheld the Central Administrative Tribunal's ruling to include Dr. Manoj Kumar Das's temporary service at the National Institute of Malaria Research (NIMR) for calculating pension and terminal benefits. The judgment, delivered by Justices Dixit Krishna Shripad and Sibo Sankar Mishra, emphasizes the expansive interpretation of Rules 13 and 26 of the Central Civil Services (Pension) Rules, 1972.
The Union of India challenged the tribunal's decision, arguing against the classification of Dr. Das's resignation as "technical," which would allow continuity of service without interruption for pension calculations. The court, however, favored Dr. Das, who served NIMR from 1988 to 2007 before his substantive appointment as Senior Research Officer.
Dr. Das's resignation was deemed technical due to the seamless transition from temporary to permanent status, with no interruption in service. The court noted the tacit acceptance of his resignation and emphasized that the CCS (Pension) Rules support employees who transition into substantive roles without service breaks.
The court dismissed the Union's argument that the resignation had not been formally accepted, citing the continuity of duties and the lack of any formal rejection of the resignation. The bench also differentiated the case from previous rulings, highlighting the specific application of Rules 13 and 26 in safeguarding employee interests.
This decision reinforces the principle of technical resignation in service jurisprudence, safeguarding the rights of employees transitioning within government roles. The tribunal's original ruling, favoring Dr. Das, was deemed consistent with justice and legality, prompting the high court to dismiss the Union's writ petition.
Bottom Line:
Service Jurisprudence - Technical Resignation - Previous temporary service can be reckoned for terminal benefits if accompanied by a substantive appointment in the same or another post without interruption, under Rule 13 and Rule 26 of CCS (Pension) Rules, 1972.
Statutory provision(s): Central Civil Services (Pension) Rules, 1972 - Rules 13 and 26, Articles 226 and 227 of the Constitution
Union of India v. Dr. Manoj Kumar Das, (Orissa)(DB) : Law Finder Doc id # 2840188
