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Granting of pension for 9 years 9 months and 10 days service

(Querist) 02 November 2017 This query is : Resolved 
Respected Sir(s),
I served in central paramilitary force with 09 years and 09 months complete service and further joined in PSU with Technical resignation. I made so many correspondence for granting of pension to service rendered in central paramilitary but they did not released pensionary benefits till date. Please suggest for availing pensionary benefits.
Isaac Gabriel (Expert) 02 November 2017
If it was atechnical resigantion, the previous service will count for pensionary benefits.Check up whether the previous service records were sent to the present employer.
Advocate/CS Sanjeev Kataria (Expert) 02 November 2017
previous service is to be counted for grant of pension, but i do not think that your dept will release your pension, approach the tribunal after exhausting the departmental remedies available
Dr J C Vashista (Expert) 03 November 2017
The qualifying service for grant of pension is incomplete with just 9 years 9 months and 10 days in paramilitary or military service, which is unlike the members of parliament or legislative assembly wherein just one term of 4/5 years is required to grant pension.
Dr J C Vashista (Expert) 03 November 2017
Since technical resignation is converted into regular resignation consequent upon joining new service of the government your past service rendered with paramilitary organisation shall be counted for pay protection and qualifying service for pension and pensionary benefits.
N. SENTHIL KUMAR (Querist) 03 November 2017
Till they did not come to release gratuity also.
Please help me sir(s) & madam(s).
Thanks & Regards.
P. Venu (Expert) 03 November 2017
The solution is in approaching the competent judicial forum. The clarification by the DoPT would be helpful in getting an early direction, probably at the admission stage itself.
Rajendra K Goyal (Expert) 03 November 2017
Agree with the advice from expert Dr. J.C. Vashishta.
Kumar Doab (Expert) 04 November 2017
The concerned Authority PAD BSF has closed the matter with observation on rules duly supplied to you.
N. SENTHIL KUMAR (Querist) 06 November 2017
No sir, it is only informed by the parent unit while the pension papers were forwarded through parent unit.
P. Venu (Expert) 06 November 2017
What is PAD? Anyhow, the clarification given by the DoPT is the last word in the matter. You need to pursue further remedies.
N. SENTHIL KUMAR (Querist) 06 November 2017
Please direct me what should I do with the clarification by the DOPT.
Thanks & Regards.
P. Venu (Expert) 06 November 2017
Has the decision been communicated? If so, you should prefer an appeal/representation/Memorial. If not successful, you need to approach the Competent Court.
N. SENTHIL KUMAR (Querist) 11 November 2017
Sir, kindly advise where will I approach the court for quick solution as far as if any previous similar case available.
Isaac Gabriel (Expert) 11 November 2017
If all remedies exhausted, filing of Writ At the High Court shall be the remedy.
N. SENTHIL KUMAR (Querist) 24 November 2017
Thanks for your (experts) valuable suggestions sir(s).

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