(Querist) 08 October 2021
This query is : Resolved
Sir, I have a query about clubbing of two separate deputation periods spent in Central Government Services. Initially, I was working in a State Government undertaking “A” (a non-pensionable establishment); from there, in response to the advertisement, I applied for deputation to “B” (a Govt. of India Department). After due selection process, I was appointed on deputation starting from 1-12-1999. Period of deputation was extended from time to time, and continued till 15.7.2004. While in service on deputation, i.e. in month of November, 2003, I applied for further deputation to another Central Government department i.e. “C”. Application was forwarded through proper channel. After due process, I was given offer letter on 22.1.2004. At my request, “B” Department (my first deputation) issued, a relieving order dated 15.7.2004 with direction to report “C” Department on deputation. However, “C” department declined to accept relieve order issued by the “B” stating that I should get relieve order from my parent office after having a break in deputation period with “B”. Accordingly, at the instance of “C”, I went back to my parent office, had a two-days’ break, and then with a relieve order issued by my parent office, I joined Ministry “C” on 19.7.2004. After spending three years on further deputation, I was absorbed in the service with “C” department in the year 2007. I now retired from the service in “C” in the year 2021. Please note, service was under NPS because of the reason that my appointment was taken place in the year 2004 and the cut off date for entitlement of old pension is 31.12.2003. 2. Sir, Recent OM of the DoPT dated 17.2.2020 given an option for employees appointed under NPS to switch over to old pension, provided their recruitment and appointment procedure were completed before 1.1.2004, but joined on duty after 1.1.2004, which does not apply to me because offer letter was issued only on 26.2.2004. However, according to me, if periods of two deputations as narrated above, are clubbed, and after waiving two days’ artificial/technical break in deputation period spent in “B”, then my entry in the central service can be counted from 1.12.1999, and perhaps may help me claim benefit of the above OM of the DoPT dated 17.2.2020 for entitlement of old pension. Please also note that there is no ‘cooling off’ period in my case, rather a technical/artificial break which was forced upon me in order to get further full period of three years deputation for the borrowing department “C”. My representation for clubbing of two periods of deputation by waving artificial break in deputation to the Government was rejected. I now think of taking legal course. Sir, please advise me , whether any merit in my case in approaching appropriate court of law with a prayer to club my two deputation periods so that my entry in central service can be reckoned from the date joining “B” i.e. from 1.12.1999 for claiming benefit of OM dated 17.2.2020 of DoPT ? Thanks Sir,
Vijaykumar email@example.com Date : 6-10-2021
(Expert) 08 October 2021
When you are working in a State Government undertaking, how did you get deputation orders? if you are selected for any Government post, then the question of deputation does not arise. I think it is not possible for an employee of a state government undertaking and if he is selected to any State Government Post, he shall resign there and join his new post.
(Expert) 15 October 2021
There is no harm in making a representation/statutory appeal . However, the chances for a positive outcome are too remote.