Summary
A former Central Government employee who joined Gujarat service after obtaining a no-objection certificate and tendering a technical resignation was implicitly absorbed for purposes of Rule 25(ix) of the Gujarat Civil Services (Pension) Rules, 2022. His Central Government service had to be counted as qualifying service for pension benefits.
Issues
- Whether prior Central Government service counted as qualifying service under Rule 25(ix) when the employee joined State service through fresh recruitment after an NOC and technical resignation.
Provisions considered
- Rule 25(ix), Gujarat Civil Services (Pension) Rules, 2022“Absorbed in Government” includes an employee who moved to State service after an NOC and technical resignation, where the earlier Central service was pensionable. (¶ 11-20)
Held
- Rule 25(ix) includes prior pensionable Central Government service where the employee is absorbed in State Government service. On these facts, an NOC followed by technical resignation and entry into State employment constituted implicit absorption. (¶ 14-19)
- The State must count the employee’s Central Government service as qualifying service, recalculate terminal and pension benefits, and pay any arrears. It may seek a pro-rata contribution from the Central Government. (¶ 19-22)
Result
The appeal was allowed. The High Court order was set aside and the State was directed to recalculate and pay benefits within six weeks.