1. This petition has been filed seeking following reliefs:-
"(i) Issue an appropriate writ, order or direction in the nature of mandamus directing the respondents to remit to the Allahabad University, pro-Rata Pension, D.C.R.G. In terms of Government of India, Ministry of Personnel,P.G. And pension, Department of Pension & P.W. OM. No. 28 (10)/ 84-P & PW. Vol. II dated 07.02.1986 read with OM. NO. 28/10/84-Pension Unit dated 29.8.1984 (copy enclosed) and GPF etc. to enable University of Allahabad to count the past services for pension purposes ( as per letter of the University dated 5.8.2015 (Annexure No.6) and reminder dated 10.10.2017 (Annexure No.7) within the time period as fixed by this Hon'ble Court.
(ii) Pass such other and further order, which this Court may deem fit and proper in the facts nd circumstances of the case.
(iii) Award costs of the petition"
2. It appears that pursuant to recruitment exercise initiated by the U.P. Higher Education Service Commission, Allahabad vide advertisement No. 26, the petitioner was selected as Lecturer and was placed at 'Acharya Narendra Deo Nagar Nigam, Mahila Mahavidyalay, District Kanpur'. While continuing as such a vacancy was advertised by the University of Allahabad. Petitioner applied against the aforesaid vacancy through proper channel and was selected and appointed by the University of Allahabad. She is continuing in the English department of the University. Her grievance is that necessary records relating to her previous working in respondent no. 5 institution have not been transmitted to the Allahabad University, on account of which her salary is not being correctly fixed and various service benefits are being denied to her.
3. While entertaining the writ petition, this Court passed following orders on 22.2.2018:-
"The petitioner is a lecturer in English Department of the Allahabad University. Before joining the University of Allahabad on 21.8.2010 she was working in the Acharya Narendra Deo, Nagar Nigam Mahila Mahavidyalay, Kanpur from 9.9.1999 to 21.8.2010. She is not being given promotional and other benefits such as pro rata pension, GPF etc., as the service record is not being forwarded to the University despite repeated letters issued on behalf of the University of Allahabad.
Sri Vevek Verma, learned counsel appearing for respondents no. 2 to 5 may seek instructions why there is delay in sending the relevant record and the funds in relation to the petitioner to the University.
Put up on 28th February 2018."
4. Sri Chandan Sharma, Advocate represents Nagar Nigam, Kanpur, which is running the respondent no. 5 institution. It is submitted that petitioner had resigned from service on 1.10.2012 and the resignation was accepted on 6.11.2012. It is, however, not in issue that petitioner had applied for appointment in the University of Allahabad, while being in employment of respondent no. 5 institution, through proper channel.
5. So far as counting of previous services consequent upon selection in a new established is concerned, an office memorandum has been issued by the Government of India on 17.8.2016, wherein following provisions are made in clause 2.1.1:-
" As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word "Technical" while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis".
6. Various other clauses of the office memorandum, aforesaid, would go to show that where the resignation is a technical resignation all benefits of service rendered in the earlier institution would be protected. Since petitioner had applied for appointment through proper channel, her resignation from respondent no. 5 institution would be covered within the expression 'technical resignation'.
7. The University of Allahabad, way back on 5.8.2015, has already sent a communication to the respondent no. 5 institution for transferring funds and other service records etc. to it so that benefits admissible to petitioner in terms of the applicable office memorandum are processed and released to her.
8. The Court is informed that the Principal of the respondent no. 5 institution has already forwarded such documents/ claim of the petitioner to the Municipal Commissioner, Nagar Nigam, Kanpur but the matter is pending at his level.
9. That being the case Sri Chandan Sharma, learned counsel for the respondent- Nagar Nigam submits that the Municipal Commissioner, Nagar Nigam, Kanpur shall ensure that papers already forwarded by the respondent no. 5 institution is transmitted to the University of Allahabad and necessary action, which is otherwise required, is taken in the matter.
10. In the facts and circumstances, noticed above, this writ petition accordingly stands disposed of requiring the Municipal Commissioner, Nagar Nigam, Kanpur, to ensure that claim of petitioner is processed forthwith and relevant records are transmitted and benefits which are admissible to petitioner by virtue of Office Memorandum dated 17.8.2016, be extended to her for which papers have already been forwarded by the respondent no. 5 institution. The required action would be undertaken within a period of six weeks from the date of presentation of certified copy of this order.
Order Date :- 27.2.2019 n.u.