Non-acceptance of "technical resignation" under new pension scheme
Jayesh Sharma
(Querist) 31 July 2014
This query is : Resolved
I have joined at Service Tax Commissionerate, Ahmedabad, on 29.04.2014 (afternoon), as an Inspector of Central Excise and have been posted to Service Tax, Preventive Section, Ahmedabad.
Prior to my joining at S. Tax Commissionerate, Ahmedabad, I was working on the same post (as a Central Excise Inspector) in Karnataka (Bangalore) Zone, and was posted at Gokak Range, Belgaum Division, Belgaum Commissionerate. I joined the Department (in Karnataka Zone) on 29.03.2012 and completed probation period of two years successfully. During my probation period, I also passed the Departmental exam for confirmation in the grade of Inspector. I applied for SSC, Combined Graduate Level Exam-2012, through proper channel i.e. I intimated the Department before appearing in the said exam, vide my letter dated 22.06.2012 and subsequently, received an N.O.C. (no objection certificate) from the Department (Belgaum Commissionerate), for appearing in the interview of SSC, CGL-2012 exam.
I was selected for the post of Inspector, Central Excise & Customs, and was allocated Gujarat (Vadodara) Zone through SSC, CGL-2012 exam.
On receipt of offer of appointment, I requested for an extension of joining time. My request was accepted, and I was directed to join the Department(at Service Tax Commissionerate, Ahmedabad) up to 30.04.2014.
I tendered “Technical Resignation” from the post of Inspector, Central Excise, Gokak Range, Belgaum Division, through proper channel, vide my letter dated 04.04.2014, wherein, I requested the Department to relieve me on 28.04.2014 (afternoon) so as to join at Ahmedabad Commissionerate by due date i.e. 30.04.2014. I was relieved from my duties on 28.04.2014 (afternoon), by the department vide Belgaum Division's Relief Order, dated 28.04.2014 wherein it was informed that “Resignation” tendered vide my letter dated 04.04.2014, through proper channel, has been accepted by Central Excise, Bangalore-I Commissionerate vide letter dated 25.04.2014.
It is informed that during this period i.e. from 04.04.2014 (when I tendered “Technical Resignation”) to 28.04.2014 (when I was relieved), I did not receive any communication from the department, in this matter. Subsequently, I joined at Service Tax Commissionerate, Ahmedabad on 29.04.2014(afternoon) and I intimated all the facts to the department at the time of my joining at the Commissionerate of Service Tax, Ahmedabad.
I was told by the Administrative Section at Ahmedabad Service Tax Commissionerate that since the word "Technical Resignation" has not been mentioned in my relief order, I would not be entitled for benefits of past service for pay(increment) protection, carry forward of earned/medical leaves and for any of other benefits.
I give a representation to the Commissioner of S. Tax, Ahmedabad vide my letter dated 30.05.2014 and requested to take necessary steps so as to protect my interest and acquire me with the benefits of past service.
In reply to my representation, I was given a letter dated 09.07.2014, enclosing the letter of Central Excise, Bangalore-I Commissionrate wherein, it was informed that in view of CCS Pension Rules and clarification received from Board vide letter dated 29.12.2008, Technical Resignation is not being accepted byCentral Excise, Bangalore-I Commissionrate in respect of officer covered under "New Pension Scheme" and my "Resignation" was accepted as "Resignation".
However, from the reply of S. Tax Commissionerate, it was not clear whether benefits of past service would be given to me or otherwise, I again requested to give me a clear reply so as to represent my grievance/case to higher officials, through proper channel.
I am waiting for a clear reply from S. Tax Commissionerate, Ahmedabad.
Meanwhile I have come to know that "Technical Resignation" in respect of officers covered under "New Pension Scheme" are being accepted by competent authority all over India.
It is also learnt that Central Excise, Bangalore-I Commissionerate itself has accepted a number of "Technical Resignations" in respect of officers covered under "New Pension Scheme" up to 2013.
My LPC and Service Book has already been forwarded to S. Tax, Ahmedabad Commissionerate by Belgaum Commissionerate.
Please guide, what should be my course of action so as to get the benefits of past service.
ROHIT SHARMA
(Expert) 31 July 2014
Dear Mr. Jayesh Sharma,
1. The word "Technical" hears means point of procedure. Hence despite the fact that this word is not used in the resignation acceptance letter that should not override your legal rights to benefits of your earlier service and moreover the appointment is in the same category and the employers being the Union of India, you are indeed entitled to benefit of the past service which should ensure your last pay and the other benefits that you were availing while you were working under the Central Excise, Bangalore-I Commissioner-ate.
2. The legal remedy lies in filing a writ petition under Article 226 of the C.O.I before the Gujarat High Court.
3. I am stationed at Ahmadabad. If need be for further private legal consultation get my contact details after clicking on my name that is shown in the L.H. margin.
Jayesh Sharma
(Querist) 01 August 2014
In this matter, it is further informed that till now, I have not received a clear reply from my present employer that benefits of past service will be given to me or otherwise.
Please suggest, whether it's better to wait for a while.
Further, Should I represent the matter to Board i.e. CBEC, requesting them to intervene. Means, should I try to get it resolved without going into litigation with my present employer?
ROHIT SHARMA
(Expert) 01 August 2014
Dear Mr. Jayesh Sharma,
1. Yes, you can wait for a final reply from your present employers.
2. I had suggested in my previous reply that you can file a petition before the H.C. but this was stated by me overlooking that first you have to exhaust all other remedies then approach the H.C.
2. In your case if the reply of your present employers is given in negative then in that event you can make representation to CBEC, requesting them to intervene. This means the issue can be resolved without going into litigation with your present employer.
3. In case your representation to C.B.E.C. fails then you can approach the Central Administrative Tribunal (C.A.T.) to adjudicate the issue.
4. Finally if the C.A.T. rules out against your favor then you can approach the H.C.
Jayesh Sharma
(Querist) 02 August 2014
1. I have already requested my present employer vide my letter dated 10.07.2014, to acquire me with the benefits of past service in terms of Rule 26(2) of CCS Pension Rules, 1972, or to give a suitable and proper reply so as to enable myself to represent my grievance/case to higher officials, through proper channel.
2. Till date (02.08.2014), I have not received any reply from my present employer.
3. Please inform, when should I give a reminder to my present employer. Further, after how many reminders, It will be proper/legal to give a fresh representation to higher authority i.e. CBEC to intervene (in case neither a reply is given nor benefits are granted by my present employer).
4. Further, please throw some light on the issue that the matter may be adjudicated by C.A.T. In case I have to approach C.A.T., will I be required to go to Bangalore or can it be done in Ahmedabad ? It is informed that it will be difficult for me to approach C.A.T. in Bangalore because it entails a journey of approx 1500 KMs, in case I am supposed to challenge the order of Central Excise, Bangalore-I Commissionerate.
ROHIT SHARMA
(Expert) 02 August 2014
Dear Mr, Jayesh Sharma,
1. These are administrative hang ups. Wait for some time and keeping sending reminders for at two times with an interval of three months each.
2. you can approach C.A.T at Ahmedabad without any reservation.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
The above expert's advises seems to be suitable and proper, you may follow it.
