ups_00057 — The Applicant herein who worked as Deputy Director under Training Establishment of Khadi Village Industries Commission (KVIC) and retired on 31-12-2011 is entitled to pension counting his pensionable service in three spells (i) 27-7-1974 to 9-9-1983 (9 years 1 month and 13 days, in NSSO, (ii) 20-12-1991 to 1-9-1992 (8 months and 13 days) in KVIC as Assistant Director (Training) and (iii) 2-9-1992 to 1-9-1997 (5 years) in Trading Establishment on deputation

The Applicant herein who worked as Deputy Director under Training Establishment of Khadi Village Industries Commission (KVIC) and retired on 31-12-2011 is entitled to pension counting his pensionable service in three spells

(i) 27-7-1974 to 9-9-1983 (9 years 1 month and 13 days, in NSSO,

(ii) 20-12-1991 to 1-9-1992 (8 months and 13 days) in KVIC as Assistant Director (Training) and

(iii) 2-9-1992 to 1-9-1997 (5 years) in Trading Establishment on deputation — This chunk discusses a case where an employee, who previously worked in NSSO (1974-1983) and KVIC as Assistant Director (Training from 1991 to 1992), is seeking pension benefits on his retirement. Th... — Facts: The Applicant herein joined in KVIC as Research Officer on 12-9-1983. He was absorbed as Assistant Director (Training) with effect from 20-12-1991 as per order, dated 23-9-1992 which provided that his services rendered under Science and Technology would be counted for administrative purposes including pensionary benefits. Subsequently, he was appointed as Deputy Director (AT) under the Trading Cadre of the KVIC vide order, dated 14-8-1992. This deputation as Deputy Directo was for a period of five years from 1-9-1997. The service under Training operation is said to be non-pensionable. On 17-7-1992, the KVIC issued a standing order No. 1499 of 17-7-1992 regulating the terms and conditions of appointment of regular employees under Training Operation. The Applicant was drawing substantive pay at the rate admissible under regular establishment along with Deputation Allowance. The Applicant states that, he is allowed to continue as Deputy Director by order, dated 4-9-1997. He worked as Deputy Director (Trading) under the Training Establishment of KVIC till he retired on 31-12-2011. Prior to his joining KVIC, he was working in National Sample Survey Office (NSSO) (FOD) of the Government of India from 27-7-1974 to 9-9-1983. He himself submits that NSSO (FOD) had discharged his pension liability by paying terminal gratuity and retirement gratuity in lumpsum as a one-time payment to KVIC through its Chairman R-2 herein. The Applicant prays for payment of his pension on his superannuation. The point in dispute in this OA is, whether the Applicant will be entitled to pensionary benefits in the background of his services in NSSO in the regular establishment of KVIC and in its Trading Establishment. A perusal of the records by the Tribunal showed the period of his working in NSSO from 27-7-1974 to 9-9-1983 is pensionable service and also as Assistant Director (Training), KVIC from 20-12-1991 to 1-9-1992. But the services as Joint Research Officer (S&T), KVIC from 20-12-1991 to1-9-1992 and his post of Deputy Director (AT), KVIC Trading Establishment on deputation from Establishment of KVIC from 2-9-1997 to 31-12-2011 is non-pensionable. The Respondents state that since the Applicant got absorbed in the Trading Establishment, he forfeited the benefit of pension for this period. However, the order, dated 14-8-1992 states that his lien will be maintained against the post of Assistant Director in the Training cadre and his pension contribution, leave salary will be credited to the non-plan funds from the Trading Operation annually in lumpsum. He worked as Deputy Director on deputation from 2-9-1992. However, a decision was taken by KVIC to continue the Applicant in the post of Deputy Director in the Trading Establishment and posted to work as Manager, K.G Bhavan, Lucknow. This order shows that the Applicant is a regular employee of Trading Establishment only from 2-9-1997. As Applicant was on deputation from 2-9-1992 to 1-9-1997 in Trading Establishment from the regular establishment of KVIC, his contributions were deposited in the non-plan funds, making it clear that the period from 1-9-1992 to 1-9-1997 has to be counted towards eligible period of service for pension. The Applicant states that under standing order No. 1499, dated 17-7-1992, his case has to be covered. That Standing Order is reproduced in the judgment. From the above, it is evident that since the Applicant did not continue in the regular establishment till his retirement, his service in the schematic establishment will not be counted towards pensionary benefits. In another similar case, the Commissioner, KVIC rescinded the view taken in that case on the ground that contributing towards GPF while working in Trading Establishment will not entitle an employee towards pensionary benefits which was found to be in order, subsequently. In this case, the Applicant retained his lien from 2-9-1992 to 1-9-1997 in his earlier service and he was appointed as regular 'Deputy Director' in Trading Establishment. His link with KVIC got disconnected from 2-9-1997 on his regular appointment as Deputy Director in Trading Establishment. As the Applicant worked from 27-7-1974 to 9-9-1983 in NSSO, from 27-7-1991 to 1-9-1992 in KVIC as Assistant Director (Training) and the five years of deputation as Deputy Director in Trading Establishment also to be added for determining the pensionable service of the Applicant. In the final analysis after adding the period of his deputation of five years in the Training Establishment, the Applicant will be eligible for pension counting his pensionable service in three spells

(i) 27-7-1974 to 9-9-1983 (9 years, 1 month and 13 days in NSSO,

(ii) 20-12-1991 to 1-9-1992 (8 months and 13 days) in KVIC as Assistant Director (Training) and

(iii) 2-9-1992 to 1-9-1997 (5 years) in Trading Establishment on deputation.