CAT quashes PGI order revoking VRS notice year after acceptance

The Chandigarh Bench of the Central Administrative Tribunal has quashed an order on the withdrawal of a voluntary retirement notice an year after its acceptance, and asked the PGI Director to release pensionary benefits to an employee.

In an application filed through advocate Karan Singla, Vikash Vyas, who retired as junior engineer of the PGI, challenged the decision of the hospital to withdraw voluntary retirement notice, denying him his pension and other retiral benefits without assigning any reasons and without granting any opportunity of hearing.

Vyas stated that he was appointed as junior engineer (Electrical) on temporary basis against sanctioned strength of the Construction Division of the PGIMER on February 5, 1998. As per the terms and conditions of the appointment, he was governed by the rules and regulations applicable to the employees of the institute from time to time. He continued in service without any break from February 6, 1998. In pursuant to the decision of the Standing Finance Committee on October 14, 2006, which was approved by the Governing Body and institute body, his services were regularised against a substantive post from February 8, 2007, vide office order dated January 20, 2015.

After completing more than 22 years of continuous service, the applicant submitted a three-month notice for voluntary retirement on April 17, 2020. His notice was accepted by the competent authority on July 16. A no dues certificate was issued to him and a service verification sheet dated June 29, 2020, was also issued wherein his qualifying service was calculated as 22 years, 5 months and 11 days. His past temporary service (from February 6, 1998, to February 7, 2007) followed by regularisation was counted in accordance with Rule 13 of the CCS (Pension) Rules, 1972.

Despite the fact that his qualifying service had already been verified and accepted, the Pension Cell raised ‘frivolous’ objections regarding counting of the past temporary service for the qualifying period.

In 2021, the institute issued an order for withdrawing the already accepted voluntary retirement.

The counsel of the applicant argued that no reasons whatsoever had been assigned for withdrawing the accepted voluntary retirement. No show cause notice was issued to the applicant and no opportunity of hearing was granted.

After hearing the arguments, the tribunal stated that qualifying service had been rightly calculated initially as 22 years, 5 months and 11 days. However, the action to recall and thereafter initiating disciplinary proceedings against the applicant were without any basis, not supported by any law, rule or regulation.

The tribunal observed that in view of this, the order dated June 23, 2021, was quashed and set aside. The respondents (PGI) are directed to release pension with effect from July 17, 2020, including other retiral benefits, commutation of pension, gratuity and leave encashment under the CCS (Pension) Rules, along with interest to the applicant.