Summary
A DRDO Scientist 'G' selected by direct recruitment as Scientist 'H' in the National Technical Research Organisation tendered a technical resignation and joined on one year's probation; before probation ended she was prematurely repatriated to DRDO as Scientist 'G' and reported there. The Tribunal dismissed her challenge, but the Karnataka High Court directed that the repatriation be read as a discharge simpliciter from NTRO with terminal benefits computed on the Scientist 'H' pay and her DRDO service. The Supreme Court allowed NTRO's appeal: continuation of lien on technical resignation protects a probationer who is not confirmed, she became a DRDO employee again from the day she reported there, and under the CCS (Pension) Rules an uncompleted probation as a direct recruit earns no pensionary benefits in that post; DRDO may consider her voluntary retirement as Scientist 'G'.
Issues
- Whether a direct recruit on probation who had tendered a technical resignation from her parent department, and was prematurely repatriated to the post there on which her lien continued, could be treated as discharged from the new organisation and granted terminal benefits on the pay of the higher post.
Provisions considered
- FR 9(13) and paragraphs on reversion of probationers and continuation of lien, Fundamental Rules and DoPT Office Memoranda dated 21.07.2014 (Probation and Confirmation) and 17.08.2016 (Technical Resignation and Lien)During probation the appointing authority may revert a probationer to the post held substantively on which lien is retained, without compensation; on technical resignation seniority and lien in the parent post continue until confirmation in the new post, which protects the employee from losing employment if not confirmed. (¶¶ 3.2, 3.3, 3.4, 3.5, 6.1)
- Rule 13, Central Civil Services (Pension) Rules, 1972Officiating or temporary service counts as qualifying service only if followed without interruption by substantive appointment; having been relieved before completing probation as a direct recruit, the respondent could not be granted pensionary or terminal benefits as Scientist 'H' in NTRO. (¶¶ 3.6, 6.4)
Held
- The Appointments Committee of the Cabinet consciously decided during probation to relieve her and repatriate her to the post on which her lien continued; she reported to DRDO on 13.02.2019, applied for leave as Scientist 'G', asked NTRO to reinstate her, submitted her bio-data and appeared for assessment for promotion to Scientist 'H' in DRDO where she was found unfit, and the plea that she was compelled to do so cannot be accepted. From 13.02.2019 she was a DRDO employee and ceased to be an employee of NTRO. (¶¶ 6.1, 6.2, 6.3)
- The High Court's directions treating the repatriation as a discharge simpliciter while requiring NTRO to pay terminal benefits counting DRDO service on the Scientist 'H' pay are self-contradictory and without any provision of law to support them. (¶¶ 6.2, 6.3, 6.4)
Result
Appeal allowed without costs; Karnataka High Court judgment dated 08.10.2021 in WP No. 10867 of 2021 quashed and the Central Administrative Tribunal's order dated 31.05.2021 dismissing OA No. 170/1318/2019 restored; if the respondent presses her application for voluntary retirement, DRDO to consider it positively on the post of Scientist 'G' with the benefits available on its acceptance.