BENCH AT JAIPUR v. State Of Rajasthan Through Secretary, Animal Husbandry

Judgment

1. State Of Rajasthan Through Secretary, Animal Husbandry, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Animal Husbandry, Government Of Rajasthan, Jaipur. ----Respondents For Petitioner(s)

: Mr. Sandeep Saxena, Advocate. For Respondent(s) : Ms. Minakshi Jain, Government Counsel with Ms. Supriya Rana, Advocate. HON'BLE MR. JUSTICE ANAND SHARMA 19/09/2025 Judgment

1. Petitioner, in the instant case, is aggrieved by the action of the respondents, whereby the services rendered by the petitioner from 28.01.1997 to 13.12.2006 with Department of Animal Husbandry has not been taken into consideration as qualifying service for the service benefits including pensionary benefits.

2. It is stated by learned counsel for the petitioner that the petitioner was holding the post of Veterinary Officer in Department of Animal Husbandry after being appointed on [2025:RJ-JP:38666] (2 of 5) [CW-20650/2012] substantive basis on 28.01.1997. With the prior permission of the aforesaid department, the petitioner participated for the recruitment on the post of Technical Officer (Veterinary) in Institute of Genomic and Integrative Biology (Council of Scientific & Industrial Research), New Delhi (for short 'IGIB'). After getting approval, the petitioner participated in the selection process and succeeded in getting appointment on the post of Technical Officer (Veterinary) in IGIB. After such selection, the petitioner submitted an application on 23.11.2006 to the Director, Animal Husbandry Department revealing therein that since, he applied with approval of the department for recruitment on the post of Technical Officer (Veterinary) in IGIB and after selection, he was required to join on the aforesaid post, for which even no objection certificate was also issued by the department on 15.06.2006, therefore, he tendered his technical resignation, which was required for joining on the post of Technical Officer (Veterinary). The aforesaid application was followed by another application dated 29.11.2006, in which again the petitioner made a request to accept his resignation w.e.f. 01.12.2006. Thereafter, one order dated 11.12.2006 was issued by the Deputy Secretary, Department of Animal Husbandry, in which it was mentioned that on account of selection of the petitioner in IGIB, he was allowed to resign at his own request w.e.f. 13.12.2006 under Rule 22B of the Rajasthan Service Rules, 1951 (hereinafter to be referred as 'the RSR').

3. Grievance of the petitioner is that under such circumstances, where the petitioner, who was substantive employee of the respondent-department, applied for selection in IGIB with due permission of the respondent-department, he is [2025:RJ-JP:38666] (3 of 5) [CW-20650/2012] entitled for computation of service rendered by him with the Department of Animal Husbandry from 28.01.1997 to 13.12.2006. However, only on account of erroneous recording of wrong provisions in the resignation approval order dated 11.12.2006, the respondent-department is not processing his matter for computation of aforesaid service, nor GPF contribution, which is required to be sent to the new department, has been sent.

4. Learned counsel for the petitioner also submits that Deputy Director, Animal Husbandry, Alwar has also certified vide letter dated 31.01.2008, in order to recommend computation of earlier services, that the petitioner was holding pensionary post in the department.

5. Learned Government Counsel appearing on behalf of the respondents opposed the writ petition and stated that bare perusal of order dated 11.12.2006 would make it clear that the respondent-department has sanctioned the resignation of the petitioner under Rule 22B of the RSR, which makes it clear that resignation was at the request of petitioner himself and no amount whatsoever was liable to be transferred by the respondent- department on account of resignation under Rule 22B of the RSR.

6. I have considered the submissions made by learned counsel for the parties and perused the record.

7. It would reflect by pursuing the application for resignation submitted by the petitioner that the only reason for seeking resignation was his selection in the other department and it was also mentioned that the petitioner even applied after taking due permission from the respondent-department and no objection in this regard was accorded by the respondent-department. Under [2025:RJ-JP:38666] (4 of 5) [CW-20650/2012] these circumstances, only for the reason that there is reference of Rule 22B of the RSR in the order for sanctioning resignation would not dis-entitle the petitioner from computation of aforesaid services in view of Rule 25 (2) of the Rajsthan Civil Services (Pension) Rules, 1996 (hereinafter to be referred as 'the Rules of 1996'), which makes it clear that resignation shall not entail forfeiture of pass services, if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies. Hence, in view of the Rule 25(2) of the Rules of 1996, reference of Rule 22B of the RSR in order dated 11.12.2006 would make no difference and the petitioner cannot be divested of the rights of getting the service period rendered by him in the respondent- department to be computed for pension or other services benefits in the other department and for that purpose, the respondent- department is also required to transfer the GPF contribution deducted by it during the period when the petitioner was employed with respondent-department, so that the another department, where the petitioner is currently working may proceed further to take necessary action to compute such services for the service benefit including the pensionary benefits.

8. In view of the above discussion, the writ petition filed by the petitioner is, hereby, allowed. The respondent-Animal Husbandry Department is directed to pass a formal order that the services rendered by the petitioner from 28.01.1997 to

13.12.2006 are computable as qualifying services and the respondent-Animal Husbandry Department is also directed to transfer the PF contribution deducted by it for the aforesaid period [2025:RJ-JP:38666] (5 of 5) [CW-20650/2012] to Institute of Genomic and Integrative Biology (Council of Scientific & Industrial Research), New Delhi within a period of two months from the date of receipt of certified copy of this order.

9. Pending applications, if any, stand disposed of. MANOJ NARWANI-JATIN /19 (ANAND SHARMA),J