CENTRAL
ADMINISTRATIVE TRIBUNAL
BANGALORE
BENCH, BANGALORE
ORIGINAL
APPLICATION No.237/2010
DATED THIS
THE TH DAY OF .............. , 2012
HON'BLE
Dr. K.B. SURESH ... MEMBER(J)
HON'BLE
SMT LEENA MEHENDALE ... MEMBER(A)
Sri Chanaveer S. Hanchinal,
Aged 44 years,
S/o Shankrappa,
Occn: Sub-Divisional Engineer,
RTTC T.K. Layout,
Mysore – 570 009. ... Applicant
(By
Advocate Shri P.A. Kulkarni)
Vs.
1. Union of India,
To be
represented by its Secretary,
Ministry
of Communications and IT,
Sanchar
Bhavan, 20, Ashoka Road,'
New Delhi
– 110 001.
2. Department of Telecom,
To be
represented by its Secretary,
Sanchar
Bhavan, No.20, Ashoka Road,
New Delhi
– 110 001.
3. Bharat Sanchar Nigam Limited,
to be
represented by its Chairman and
Managing
Director,
No.102-B,
Statesman House,
148,
Barakhamba Road,
New Delhi
– 110 001.
4. Chief General Manager Telecom,
Karnataka
Telecom Circle,
No.1,
Swamy Vivekananda Road,
Halasoor,
Bangalore – 560 008.
5. Principal,
Regional
Telecom Training Centre (RTTC),
T.K.
Layout,
Mysore –
570 009. ... Respondents
(By
Advocate Shri V.N. Holla,Addl. Central Govt. Standing Counsel)
O R D E R
Hon'ble Smt. Leena Mehendale, Member (A) :
This OA filed on 07.06.2010 under
Section 19 of the Administrative Tribunals Act, 1985, is on the question of
counting the service of nearly 6 years rendered by the applicant in Indian Air
Force as a short service commissioned
officer towards his service as JTO in BSNL and accordingly, grant him pay
fixation and pensionary benefits.
2. The applicant joined as short service
commission Flight Lieutenant in Indian Air Force on 6.4.2989 and was relieved on
6.3.1995. On 8.11.1996, he was
provisionally selected for the post of JTO in Karnataka Telecom Circle, against
the 1993 recruitment year. On completion
of pre-appointment training, he was appointed as JTO on 7.6.1997 against
ex-servicemen quota. On 1.10.2000, e was
permanently absorbed in BSNL and has received his regular promotion on 9.6.2004
as SDE. On 29.12.2008, vide
Annexure-A/7, the applicant submitted a representation to the Chief General
Manager (Karnataka Circle), for counting his service as ex-IAF officer towards
his seniority. It was forwarded by his
immediate officers, viz., Divisional Engineer, RTTC, Mysore, to the Chief
General Manager, on 3.1.2009. The BSNL appears
to have made references to the IAF Headquarters
at New Delhi, on 4.01.2010 and 5.3.2010, but, without any reply.
3. From the above chronology, it is seen
that the applicant has joined as JTO in June, 1997 against the Ex-serviceman
quota, but, permanently absorbed in the year 2008 and received promotion in the year 2004. Thereafter, he agitated the matter in the
year 2008 for the first time by submitting a representa- tion after a lapse of
nearly 10 years, thus, trying to create a ground for agitating the issue.
4. The respondents point out that there is
a set procedure for absorption of ex-servicemen in civil posts. Since a quota is reserved in all civil posts
for ex-servicemen across all the departments in the Government. As per Govt. of India O.M. No.F3(58)-E V
(A)/61, dated 3.2.1962 (Govt. of India's Decision 5 below Rule 19 of CCS
Pension Rules (1972) continuous military (non-regular/purely temporary) service
not rendered in conjunction with war service in the Army, Navy and Air Force
will count in full towards Civil Pension if such service is followed without
interruption by appointment to and eventual confirmation in a pensionable ost
in Civil Service subject to certain conditions.
Further, a clarification dated 1.10.1964 is given to say that short
service commissioned military service is non pensionable for the purpose of
Civil Pension. Another OM dated
31.7.1986, states that short service commissioned officers, who joined after
1.10.1968 may, on their appointment in government service to UNRESERVED
VACANCIES be granted advance increments equal to the completed years of
service rendered by them in Armed Forces, etc.
5. Therefore, in the instant case:-
(1)
Non-regular military service is NOT FOLLOWED
(without interruption) by Civil service.
(2)
The officer got "terminal gratuity" and
not "retirement gratuity" for service as "Short Commissioned
Officer", thus, severing all connections with the military service.
(3)
The appointment of the applicant was against
reserved vacancies for Ex-servicemen.
Hence, the service as "Short Commissioned Officer" in Air
Force cannot be counted for pension in civil service, nor for pay fixation in
the cadre of JTO.
6. The position stated by the respondents
has been made applicable since long time in past in all cases of Ex-military
officials coming into Civil posts.
Hence, we agree with the respondents.
The OA is therefore, dismissed.
No order as to costs.
(LEENA
MEHENDALE) (K.B.
SURESH)
MEMBER (A) MEMBER (J)
psp.
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