Dear sir,
I am a Group C railway employee appointed under NF Railway on 16.01.2008. Before joining in the Railway i was serving under the State Govt. in Gauhati High Court. Advertisement for the Railway job that i am presently doing was published in the year 2001. After passing 3 stages of the examination (selection test) , i finally got appointed in the year 2008 under NF Railway. In the meantime , i got a job under the State Govt. in the Gauhati High Court in the year January, 2003. I had obtained No objection Certificate from the Gauhati High Court Authority for appearing in the Selection test for the Railway job. The question of applying through proper channel to the Railway did not arise beacuse i had applied for the Railway job long before (in 2001) joining in the Gauhati High Court job(2003). On being selected in the Railway , i also obtained a Release order from the Gauhati High Court Authority for joining in the Railway service. Now, I have requested the Railway Authority to count my past service under the State Govt. ( i.e. in the the Gauhati High Court ) as qualifying Railway service for the benefit of the pension under the Para 28 of the Chapter III of the Railway Services (Pension)) Rules, 1993 and Para 13 of the Railway Board's Master Circular No. 54 (RBE No.14/94 dated 30.03.1994) (file attached), But Raiway Authority is refusing to consider my past state Govt. service as qualified service on the pretext of that I have not applied through proper channel as mentioned in para 28(2) (b) which reads as "Counting of temporary service under the State and Central Government and allocation of pensionary liability-(1) The Government servants can be allowed the benefit of counting their qualifying service both under the Central Government and the State Governments for grant of pension by the Government from where they retire:
Provided that the gratuity, if any, received by the Government employee for temporary service under the Central or State Government shall be refunded by him to that Government concerned.
(2) The Government servants eligible to claim the benefits of combined service in accordance with sub-rule (1) shall be of the following categories: -
(a) those who having been retrenched from the service of the Central
Government or a State Government but have secured on their own,
employment under a State or the Central Government either with or
without interruption between the date of retrenchment and date of new
appointment;
(b) those who while holding temporary posts under the Central
Government or a State Government apply for posts under the Central
Government or a State Government through proper channel with
proper permission of the administrative authority concerned;
Provided that where an employee is required for administrative reasons, for satisfying a technical requirement, to tender resignation from the temporary post held by him before joining the new appointment, a certificate to the effect that such resignation had been tendered for administrative reasons or to satisfy a technical requirement to join, with proper permission the new posts, may be issued by the authority accepting the resignation. A record of this certificate may also be made in his service book under proper attestation to enable him to get this benefit at the time of retirement.
(3) The provision of this rule shall not apply to the employees in the previous employment of the State Governments of Jammu and Kashmir and Nagaland. ".
That being the position, can u please suggest me whether my 5 years service ( from Jan, 2003 to jan, 2008) under State Govt. should be considered for qualifying service for pensionary benefit because question of applying through prpoer channel was not applicable for me as i was not in State govt. service at the time of applying for the Railway job. I don't want to loose the benefit of those 5 years State Govt. service. Please guide me.
