Sir
I had joined Indian Air Force as technician in a permanent post on 17 Nov 1993. During my service in IAF, I had applied through proper channel for civil posts in HAL and DRDO. I appeared both the interviews of HAL and DRDO after obtaining NOC from AIr HQ. Both the interviews were within one week interval. HAL results were out and I got appointment letter to join HAL on 25 Dec 2004. By this time DRDO results were not published and I had already appeared DRDO interview. Also, as per GOI existing policy dated 30 Dec 2003, counting of former military service for old pension scheme in central govt jobs on technical resignmation from military to civil was not available after 01.01.2004. So, as there is no chance to count my past military service even in selection to DRDO, I did not wait for DRDO result. upon showing my HAL appointment letter, I was discharged from IAF on 29 Dec 2005 and reported HAL on 03 Jan 2005. Upon discharge from IAF, I had received my gratuity.
After adminstrative and medical formalities, I joined HAL Bangalore on 10 Jan 2005. During my training at HAL, I received DRDO appointment letter. So I resigned from HAL on 25 Mar 2005 and joined DRDO on 14 Apr 2005.
I had opted to count my former military service within three months of my confirmation in DRDO as mentioned in my confirmation letter. So I applied to my office for counting my former IAF service for civil pension. My office forwarded it to PCDA ALlahabad.
PCDA Allahabad had denied to count my former service of IAF in DRDO on the following points.
1. My past service could not be counted as I was discharged from IAF to join HAL and as HAL is a PSU , central govt to PSU and PSU to central govt jobs does not fall under technical resignation.
2. Had my service been from IAF to DRDO directly, my past IAF service could have been counted.
My querry is:
in Dec 2004, I took a descision to take discharge from IAF as there was no scope for getting into old pension scheme. In 2009, GOI brought fresh notification citing that on technical resignation from military to civil, past service can be counted and indivivital can be brought back into old pension scheme. Had these rules been available in 2004, I would haved waited for my DRDO result and it wouls have been from IAF to DRDO and I could have been brought back to old pension scheme.
Can I get justice for my case? I was sufferer because of non existent of GOI policy at the time of my discharge from IAF which changed my descision. can I fight that my discharge from IAF can be considered under technical resignation,
Please advise.
N Subudhi
9861104929
nirakarasubudhi@gmail.com
