ups_00752 — The resignation of the Applicant from Regional Institute of Science and Technology, Nirjuli was accepted and he joined as LDC in the Eastern Farm Machinery Training and Testing Institute, Biswanath Chariali on 10-9-1993 based on that resignation and hence is deemed to have joined the said Machinery Training and Testing Institute only when the authorities at Nirjuli accepted the resignation as per rule to join the Machinery Training and Testing Institute which date is 2-8-2004. As the entry to CC

UPS

The resignation of the Applicant from Regional Institute of Science and Technology, Nirjuli was accepted and he joined as LDC in the Eastern Farm Machinery Training and Testing Institute, Biswanath Chariali on 10-9-1993 based on that resignation and hence is deemed to have joined the said Machinery Training and Testing Institute only when the authorities at Nirjuli accepted the resignation as per rule to join the Machinery Training and Testing Institute which date is 2-8-2004. As the entry to CCS (Pension) Rules, 1972 was closed with effect from 31-12-2003, he is not entitled for CCS (Pension) Rules, 1972 as his entry into the Machinery Training Institute after 31-12-2003 cannot be treated to enable him to come in the CCS (Pension) Rules, 1972 — The Applicant joined Eastern Farm Machinery Training and Testing Institute after resigning from his previous post in Nirjuli, but due to the closure of the pension scheme in 2003, he is not entitled ... — Facts: The Applicant joined in the service of North-Eastern Regional Institute of Science and Technology, Nirjuli on 1-7-1991. Thereafter he joined on deputation in North-Eastern Region Farm Machinery Training and Testing Institute, Biswanath Chariali on 10-9-1993 in the post of LDC and absorbed in that capacity by Order, dated 5-8-2004. In that order, it was confirmed that the Applicant would get pension benefit under CCS (Pension) Rules, 1972 taking his past service from 1-7-1991 in his parent department NERIST, Nirjuli. His gratuity and leave salary shall be regulated as per CCS (Pension) Rules, 1972. Vide Letter, dated 7-2-2006, the Pay and Accounts Department of Agriculture and Co-operation Department, Government of India, Kolkata informed that he cannot join the old pension scheme in view of office memo. issued by DoP&T which states that the pension scheme of CCS (Pension) Rules, 1972 is closed with effect from 31-12-2003 and that those joined after 31-12-2003 are not entitled to come under CCS (Pension) Rules, 1972. As the Applicant was treated as joined the Machinery Training and Testing Institute after 31-12-2003, he is not entitled for counting his earlier service from 1-7-1991 for final settlement dues as per CCS (Pension) 1972, Rules. Resisting against that order, he had filed this OA. The Applicant argued that he joined the Machinery Training and Testing Institute in 1991 when he was promised to pay final settlement dues as per CCS (Pension) Rules, 1972. Hence the Respondents are estopped to deny him the promise already made. Promissory Estoppel is squarely applicable in his case. The Respondents submitted the facts as above. When his case was referred to Pay and Accounts Office for grant of pension benefits as per CCS (Pension) Rules, 1972, it asked for the details of his service from his parent department. The parent department informed that his resignation from that department was accepted from 2-8-2004. As the CCS (Pension) Rules, 1972 was closed on 31-12-2003, he is not eligible for the Pension Rules of 1972. In that situation, the question of Promissory Estoppel does not arise. After hearing both sides, it was held by the Tribunal:

UPS

The resignation of the Applicant from Regional Institute of Science and Technology, Nirjuli was accepted and he joined as LDC in the Eastern Farm Machinery Training and Testing Institute, Biswanath Chariali on 10-9-1993 based on that resignation and hence is deemed to have joined the said Machinery Training and Testing Institute only when the authorities at Nirjuli accepted the resignation as per rule to join the Machinery Training and Testing Institute which date is 2-8-2004. As the entry to CCS (Pension) Rules, 1972 was closed with effect from 31-12-2003, he is not entitled for CCS (Pension) Rules, 1972 as his entry into the Machinery Training Institute after 31-12-2003 cannot be treated to enable him to come in the CCS (Pension) Rules, 1972 — The Applicant joined Eastern Farm Machinery Training and Testing Institute after resigning from his previous post in Nirjuli, but due to the closure of the pension scheme in 2003, he is not entitled ... — Facts: The Applicant joined in the service of North-Eastern Regional Institute of Science and Technology, Nirjuli on 1-7-1991. Thereafter he joined on deputation in North-Eastern Region Farm Machinery Training and Testing Institute, Biswanath Chariali on 10-9-1993 in the post of LDC and absorbed in that capacity by Order, dated 5-8-2004. In that order, it was confirmed that the Applicant would get pension benefit under CCS (Pension) Rules, 1972 taking his past service from 1-7-1991 in his parent department NERIST, Nirjuli. His gratuity and leave salary shall be regulated as per CCS (Pension) Rules, 1972. Vide Letter, dated 7-2-2006, the Pay and Accounts Department of Agriculture and Co-operation Department, Government of India, Kolkata informed that he cannot join the old pension scheme in view of office memo. issued by DoP&T which states that the pension scheme of CCS (Pension) Rules, 1972 is closed with effect from 31-12-2003 and that those joined after 31-12-2003 are not entitled to come under CCS (Pension) Rules, 1972. As the Applicant was treated as joined the Machinery Training and Testing Institute after 31-12-2003, he is not entitled for counting his earlier service from 1-7-1991 for final settlement dues as per CCS (Pension) 1972, Rules. Resisting against that order, he had filed this OA. The Applicant argued that he joined the Machinery Training and Testing Institute in 1991 when he was promised to pay final settlement dues as per CCS (Pension) Rules, 1972. Hence the Respondents are estopped to deny him the promise already made. Promissory Estoppel is squarely applicable in his case. The Respondents submitted the facts as above. When his case was referred to Pay and Accounts Office for grant of pension benefits as per CCS (Pension) Rules, 1972, it asked for the details of his service from his parent department. The parent department informed that his resignation from that department was accepted from 2-8-2004. As the CCS (Pension) Rules, 1972 was closed on 31-12-2003, he is not eligible for the Pension Rules of 1972. In that situation, the question of Promissory Estoppel does not arise. After hearing both sides, it was held by the Tribunal:

Original Rule Text

Original Rule Text