rajesh sharma (jto) 29 January 2014

Counting of past military service

sir i have worked for 10 years 09 months in INDIAN AIR FORCE and applied for civil employment through proper channel and joined cab sectt in oct 2005 with out a single day gap, as re employed. iam not in receipt of any pension. My apointment meorandum asked me to exercise option of rule 19 (1) for counting past military service. when i have applied within 01 months after joining now it says there is no such rule and my service cannot be counted and i will be considered under new pension scheme only. kindly advice what are the options with me. i gave willingness for returning of gratuity, leave encashment which i received. thanx

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7 Replies

Isaac Gabriel (Advocate) 30 January 2014

Your services in the new post will be counted from the date of joining.The service at the Air force cannot be taken into account except the priority available to Ex-service personnel.

T. Kalaiselvan, Advocate (Advocate) 01 February 2014

You can take up the matter with top management of your new organisation, in case you do not get any fruitful reply, you can take up the matter with the CAT

rajesh sharma (jto) 02 February 2014

Dear sir,

thanx for the reply i already took the matter 3,4 times with my employer at the highest level. they forwarded the matter to DOPT which indeed declined my application. sir is there any rule that my employer provided me in writing in my appointment memo on which ground i can apply in the CAT eventhough the said rule is currently removed as per DOPT

Sudhir Kumar, Advocate (Advocate) 02 February 2014

you are entitled to exercise option to count past serivice by surrendering Gratuity and pension received from Air Force.

I hope you exercised option in time and have also represented in writing. and your representation is not replied and is not more than one year old.

Is it correct?

rajesh sharma (jto) 02 February 2014

Dear sir,

thanx for reply. absolutely sir, i opted for counting my service within one month of my employment. and thereafter i send reminders afters reminders for 2 years before i got a reply only in 2008. my first application was in nov 2005 itself. and there are cases where people like me joined other departments and their service is counted. but that was as per rule 26 (2) which asks technical resignation. as it is understood that there is no provision of technical resig in defence services and only thing is to apply through proper channel and take discharge, i did the same. even my previous dept also gave a reply that techn resig doest apply to defence and the individual applied through proper channel which is akin to tech resig and case should be counted for counting past military service. but so far DOPT and my dept is oppposing the same. plz guide me.