Praveen Mahajan ORDER
Praveen Mahajan, Member (A)
1. The current O.A. has been filed seeking the following relief:-
"(a) Direct the respondents (DTTE, GNCT of Delhi) to count the previous/past service (w.e.f. 20.11.1980 to 30.06.1998) of the Applicant rendered by him in Directorate of Education, GNCT of Delhi, for the purposes of pensionary benefits in terms extant instructions/Rule 26(2) of CCS (Pension) Rules, 1972 and accord all the consequential benefits arising therefrom. And
(b) Award cost in favor of the Applicant and against the respondents. And/or
(c) Pass any further order, which this Hon'ble Tribunal may deem fit, just equitable in the facts and circumstances of the case."
2. The applicant was appointed to the post of Trained Graduate Teacher (TGT) (Science) on temporary basis in Directorate of Education, on 20.11.1980. After completing his probation period, he was confirmed on the said post on 20.11.1982. Thereafter, the applicant was appointed to the post of Post Graduate Teacher (PGT) (Physics) in 1987 and confirmed by the respondents w.e.f. 20.11.1982.
3. The applicant states that Union Public Service Commission vide their Advertisement No. 2/1997 notified the post of Lecturer (Physics) in Directorate of Training and Technical Education, GNCT of Delhi in the pay scale of Rs. 2200-4000. The applicant applied for the said post through proper channel and cleared the selection process. He states that he was selected as Lecturer (Physics) in GNCT of Delhi on 03.06.1998.
4. The applicant further avers that after his appointment order, he submitted his technical resignation (orally) to the respondents (Directorate of Education), which was accepted by them and the applicant was relieved w.e.f. 30.06.1998 to take up his new assignments. The lien of the applicant was retained for a period of 02 years for the post of PGT (Physics) in Directorate of Education. He also did not claim any pensionary benefits from his previous employer i.e. Directorate of Education.
5. The respondents vide their letter dated 07.07.1998 allowed the applicant to join the post of Lecturer (Physics) w.e.f. 30.06.1998 at Guru Nanak Dev Polytechnic, Sectir-15, Rohini, Delhi. Here too, the applicant was confirmed after completing his probation period on 30.06.2000. The lien period of the applicant with his earlier employer lapsed on 30.06.2000 and his request for extension of his lien was not acceded to. The applicant states that since his technical resignation, relieving, protection of lien etc. had been complied with, therefore, necessary benefits like pay fixation and counting of past service w.e.f. 20.11.1980 to 30.06.1998 ought to have been granted to him as per Rule-26(2) of CCS (Pension) Rules, 1972.
6. The applicant was informed by the respondents (Directorate of Education) that he had to submit his technical resignation in writing again. The applicant stated that his technical resignation (oral) had already been accepted. He was informed that it was mere formality and that he will get benefits of his past service for the purpose of pension and pay fixation in the new organization after submission of his technical resignation. Acting on these assurances, the applicant submitted his technical resignation on 30.06.2000, which was rejected by Directorate of Education on 08.06.2001. The applicant again submitted a representation requesting them to accept his technical resignation w.e.f. 30.06.1998 and to make a suitable entry in his service book for the purpose of counting of his past service in terms of CCS (Pension) Rules, 1972. There was no communication from Directorate of Education, which he inferred to mean that his technical resignation had been accepted by the Competent Authority w.e.f. 30.06.1998.
7. Since the applicant was to superannuate on 31.07.2017, he represe........