CENTRAL ADMINISTRATIVE TRIBUNAL

(OA) Original Appl./1012/2015

JUDGEMENT

CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH

CIRCUIT SITTING: GWALIOR

Original Application No.202/01012/2015

Gwalior, this Monday, the 20th day of March, 2017

HONBLE SHRI SANJEEV KAUSHIK, JUDICIAL MEMBER

HONBLE SHRI PRASANNA KUMAR PRADHAN, ADMINISTRATIVE MEMBER

Manoj Kumar Singh

S/o Shri Muneem Singh,
Aged 30 years,
Occupation Service as Divisional Accountant
O/o E.E. L/M & E/M Division,
W.R.D. Datia MP
R/o 65/1, Pitambara Enclave
Gwalior Road Jhansi U.P. PIN 284003 -Applicant

(By Advocate Shri Alok Kumar Sharma)

Versus

1. Union of India,
Through the Comptroller and Auditor General of India
Deen Dayal UPadhyay Marg,
New Delhi 110124

2.The Principal Accountant General

(General & Social Sector Audit)
M.P. audit Bhawan,
A.G. Office,
Jhansi Road,
Gwalior M.P.474002

3. The Principal Accountant General (A& E)-I

M.P. 53 Arera Hills Hoshangabad Road,
Bhopal M.P. 462058 -Respondents

(By Advocate Shri M.K. Sharma)

O R D E R (O R A L)
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 CENTRAL ADMINISTRATIVE TRIBUNAL

(OA) Original Appl./1012/2015

JUDGEMENT

By S.K. Kaushik, JM:-

The applicant is aggrieved against the order dated 10th September 2015 and 25th June 2014 where the
respondents have rejected his request for counting of his past service rendered with Railways and has also not
protected his pay while joining the new post with respondents.
2.The above fact which led to filing of present Original Application are that the applicant initially joined the
respondent-Railways as Station Master in the year 2009 and served till 24th December 2012 when he was
selected for the post of Auditor with the respondents. He was appointed vide order dated 23rd November 2012
and submitted his technical resignation to the Railways on 4th December 2012. After acceptance of his
technical resignation vide order dated 24.12.2012, he joined the respondents as Auditor. Thereafter he
submitted various representations to respondents for counting his past service towards qualifying service for
grant of pension and other benefits by relying on various OM issued by Department of Personal and Training
but the same has been turned down by the respondents by passing the impugned order. Hence, the Original
Application.
3.In furtherance to other plea, Shri Alok Sharma appearing on behalf of the applicant placed reliance on
recent OM dated 17.08.2016 issued by Ministry of Personnel, Public Grievances and Pensions where it has
been decided to grant pay protection and to count the service rendered by the employee before joining the new
department after tending a technical resignation. He also relied upon the decision passed by this Court in
Original Application No.260/0032/2015 decided on 23.08.2016.
4.The respondents resist the claim of the applicant by filing written statement wherein they have sported the
impugned order and have given their reasons in Para 2 of the written statement which reads as under:-
2. That before joining on the post of Auditor, the applicant resigned from the post of Station Master and his
resignation was accepted as Technical resignation by the Divisional Railway Manager (P), Northern Railway,
Lucknow vide letter No.722-E/5-2/ASM/Permission dated 24/12/2012 (Annexure A-6 to the OA). As per para
1401 of Chapter XIV of the Indian Railway Establishment Manual, a railway employee can apply through
proper channel for posts with equivalent status & rank (Annexure R/3). The applicant had applied for a lower
rank and lower status post of Auditor having Pay Band-I of Rs.5200-20200 with Grade Pay of Rs.2800/-and
his resignation on his own volition for such lower rank and lower status post was accepted by the Railway
department and treated as a Technical Resignation. Acceptance of resignation of the applicant by the Railway
Department is against the aforesaid Rules and provisions and therefore, it cannot be treated as Technical
Resignation in the eyes of law. However, it is point to be observed by this Honble Tribunal that the Railways
has not been impleaded as a party to this litigation, who are competent to answer this irregularity in accepting
the Technical resignation. Due to such resignation, as per provisions of Para 13 and 14 of the Annexure to the
Government of Indias Ministry of Personnel, Public Grievances and Pensions (Department of Personnel &
Training) Office Memorandum No.28020/1/2010-Est.(C) dated 26th December, 2013 (Annexure A-8 to the
OA), the applicant is not entitled to the benefits of past service.

5.Shri M.K. Sharma appearing on behalf of the respondents reiterated that what has been stated in the written
statement.
6.We have heard learned counsel of respective parties and have perused the pleadings placed on record.
7.The issue that arose for our consideration that whether an employee who after tending technical resignation
joined the new department is entitled for pay protection and counting of his past service toward qualifying
service or not?
8.We have given our thoughtful consideration to the entire matter. A conjunctive perusal of pleading, make it
clear that before joining the post of Auditor with the respondents, his technical resignation was accepted by
the Railways, as they have indicated the same to the Principal Accountant General (General and Social Sector
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(OA) Original Appl./1012/2015

JUDGEMENT

audit) Madhya Pradesh, Audit Bhawan, Jhansi Road, Gwalior vide their communication dated 24th December
2012. Once they have accepted his technical resignation then the respondents cannot be allowed to say that his
past service rendered with the Railways cannot be counted for pensionary and other benefits. This also finds
quote from the latest OM dated 17.08.2016 issued by DOPT under Clause 2.4 where they have impressed
upon that if a government servant join the another Government department after tending technical resignation
then he is entitled for grant of pay protection and counting of his past service for qualifying service . The same
is read as under:-
2.4Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual
Increment

In cases of appointment of a Government servant to another post in Government on acceptance of technical

resignation, the protection of pay is given in terms of the Ministry of Finance OM NO.3379-E.III(B)/65 dated
the 17th June, 1965 read with proviso to FR 22-B. Thus, if the pay fixed in the new post is less than his pay in
the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively as defined
in FR-9(24). Past service rendered by such a Government servant is taken into account for reckoning of the
minimum period for grant of annual increment in the new post/service/cadre in Government under the
provisions of FR 26 read with Rule 10 of CCS (RP) Rules, 2016. In case the Government servant rejoins his
earlier posts, she will be entitled to increments for the period of his absence from that post.

9.In view of the above, we are in agreement with the submissions made by the applicant that the impugned
order cannot be sustained. Accordingly, the same is hereby set aside and the matter is remanded back to the
respondents to consider the case of the applicant in the light of Para 2.4 of the OM dated 17.08.2016 and to
count his past service with Railways and also to consider his case for protection of pay in accordance with the
said instructions.
10.Let the above exercise shall be carried out within a period of three months from the date of receipt of
certified copy of the order.
11.Accordingly, the Original Application is disposed of in above terms.

(Prasanna Kumar Pradhan) (S.K. Kaushik)

Administrative Member Judicial Member

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