Retired Govt Servant Not Entitled To Separate Pension Or Gratuity For Period Of Subsequent Re-Employment: Gauhati High Court

The Gauhati High Court on Thursday upheld an order of the Assistant Registrar, NIT Silchar by which a former Lecturer of the NIT Silchar was denied second pension benefit on the ground that she was granted the benefit of voluntary retirement from the post of Assistant Teacher by the Government of Nagaland and subsequently re-employed at NIT. Rule 7 of the CCS Rules 1960 provides that a Government servant who having retired on a superannuation pension or retiring pension, is subsequently re-employed shall not be entitled to a separate pension or gratuity for the period of his re-employment.” The case of the petitioner was that she joined as Assistant Teacher in the Government High School, Kohima, Nagaland on October 03, 1967. The petitioner was aggrieved by the communication dated November 14, 2014, written by the Assistant Registrar, NIT and addressed to the petitioner, wherein, it was stated that as the petitioner was granted the benefit of voluntary retirement by the Government of Nagaland and subsequently re-employed in REC Silchar, presently NIT Silchar, petitioner is not entitled to get second pension from the Institute in terms of Rule 7 of the CCS Rules 1972. It was further argued that the petitioner was not under reemployment in the service of the NIT and therefore, Rule 7 of the CCS Rules 1972 is not applicable to her and therefore, she is entitled to get pensionary benefits from the NIT, particularly, when her pension amount from the Government of Nagaland was deducted from her monthly salary till her retirement on December 31, 2004.