Retired Govt Servant Not Entitled To Separate Pension Or Gratuity For Period Of Subsequent Re-Employment: Gauhati High Court

The Gauhati High Court on Thursday upheld an order of the Assistant Registrar, NIT Silchar by which a former Lecturer of the NIT Silchar was denied second pension benefit on the ground that she was granted the benefit of voluntary retirement from the post of Assistant Teacher by the Government of Nagaland and subsequently re-employed at NIT.

The single judge bench of Justice Lanusungkum Jamir observed:

“A perusal of the order dated 16.10.1993 would clearly indicate that the employment of the petitioner as a Lecturer in Humanities and Social Sciences under the Regional Engineering College, Silchar is a re-employment and not a regular employment. Rule 7 (2) of the CCS (Pension) Rules 1960 provides that a Government servant who having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.”

The case of the petitioner was that she joined as Assistant Teacher in the Government High School, Kohima, Nagaland on October 03, 1967. While she was serving as such, the petitioner applied through proper channel in response to an Advertisement issued by the erstwhile Regional Engineering College, Silchar (now National Institute of Technology, Silchar).

The petitioner was selected by the Regional Engineering College, Silchar (REC) and she joined as Lecturer in the Department on Humanities and Social Sciences on April 06, 1984. While she was serving as Lecturer in the REC, the petitioner was on lien leave under the State of Nagaland. In the meantime, petitioner applied for voluntary retirement from her service as Assistant Teacher, completion of 20 years service which was granted by the Government of Nagaland. While granting the voluntary retirement, the Government of Nagaland calculated the period of 3 years, 4 months and 25 days rendered by the petitioner at REC for completing the said period of 20 years service to enable her to go on voluntary retirement.

After availing voluntary retirement, the Government of Nagaland paid monthly pension to the petitioner which is continuing till today. The REC was converted to the National Institute of Technology (NIT) on June 28, 2002. The NIT deducted the amount of pension received by the petitioner from her monthly salaries till her retirement on December 31, 2004.

The petitioner was aggrieved by the communication dated November 14, 2014, written by the Assistant Registrar, NIT and addressed to the petitioner, wherein, it was stated that as the petitioner was granted the benefit of voluntary retirement by the Government of Nagaland and subsequently re-employed in REC Silchar, presently NIT Silchar, petitioner is not entitled to get second pension from the Institute in terms of Rule 7(2) of the CCS (Pension) Rules 1972.

It was the case of the petitioner that as her pension amount was deducted from her salary by the NIT Silchar till her date of retirement, she is entitled to get pensionary benefits from the NIT. It was further argued that the petitioner was not under reemployment in the service of the NIT and therefore, Rule 7(2) of the CCS (Pension) Rules 1972 is not applicable to her and therefore, she is entitled to get pensionary benefits from the NIT, particularly, when her pension amount from the Government of Nagaland was deducted from her monthly salary till her retirement on December 31, 2004.

The Counsel for the respondents argued that the Principal, REC by an order dated October 16, 1993 had treated the service of the petitioner as re-employed pensioner w.e.f April 01, 1988, under the REC. It was contended that the said order dated October 16, 1993 is not under challenge and the petitioner had accepted the said order and therefore, petitioner cannot claim that her employment in the REC (now NIT Silchar) is a regular employment and not a re-employment.

After perusal of the records, the Court noted that the employment of the petitioner as a Lecturer in Humanities and Social Sciences under the Regional Engineering College, Silchar is a re-employment and not a regular employment.

“On a consideration of the Communication dated 14.11.2014, written by the Assistant Registrar and addressed to the petitioner which is impugned in the present writ petition would indicate that after the issuance of the order dated 16.10.1993, the said communication was made wherein, the respondents had invoked the Rule 7(2) of the CCS (Pension) Rules 1972. This Court on perusal of the same does not find any infirmity on the contends of the Communication dated 14.11.2014, inasmuch as the employment of the petitioner in the NIT Silchar is a reemployment and not a regular service,” the Court said.

Thus, the Court upheld the impugned order of Assistant Registrar, NIT.

However, the Court highlighted that the respondents failed to show any rule or law which entitles the REC Silchar to deduct the pension amount from the salaries of the petitioner while she was re-employed under the REC Silchar.

“This Court after having considered the matter in its entirety is also of the considered opinion that the deduction of the pension amount paid by the Govt. of Nagaland to the petitioner by the REC Silchar is illegal. Accordingly, the REC Silchar (now NIT Silchar) is directed to refund the full pension amount deducted from the salaries of the petitioner from the date she joined in the REC Silchar till her retirement on 31.12.2004. It is made clear that the refund of the pension amount to the petitioner shall be done within a period of 2(two) months from the date of receipt of the copy of the order of this Court,” it added.

Case Citation: 2024 LiveLaw (Gau) 15

Case Title: Dr. Miss Jogmaya Saikia v. Union of India & Ors.

Case No.: WP(C)/6105/2015

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