Saturday, November 3, 2012

OA No.237 / 2010 on ???//////-2012



DATED THIS THE      TH  DAY OF .............. ,  2012

HON'BLE Dr. K.B. SURESH          ...         MEMBER(J)


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)

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)

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)


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