Law: Civil Service Regulations (CSR)

Section: 361

Civil Service Regulations (CSR)---Art. 361--Grant of pensionary benefits--Notification--Provisions service in NLC could not be reckoned for purpose of seniority and pensionary benefit--NLC was company registered under company law--Pay scale and service rules and its employees were not civil servants--Not pensionable organization having contributory provident fund scheme--Controversy about notification--Validity--Notification was void ab-initio as same had been issued without any legal authority and beneficiary was none other than respondent who was working as acting Secretary Senate during those days--Service rendered in NCL could not be counted towards pension in terms of Art. 361 of Civil Service Regulations (CSR) and that respondent was of view that he should not sustain a loss on account of his basic pay and, Finance Division recommended that respondent be compensated through grant of six advance increments--Advance increments were sanctioned in favour of respondent, keeping in view facts that he was disentitled for pensionary benefits--Though there is some confusion of date apparently in minds of members--No regular inquiry had been conducted, which, in fact, was needed--F.S.T. passed a direction to grant pensionery benefits to respondent in accordance with notification. Void Order-- ----Limitation--Withdrawal of notification--Beneficiary--Validity--Void notification cannot be enforced--Allegation of forgery was made out to which petitioner did not advert for unknown reasons--No limitation is prescribed to competently and successfully challenged a void order/notification. Principle of Locus Poenitentiae-- ----Bonafide mistake--Principle is meant to condone a bona-fide mistake and not to be pressed into service for reaping benefit of any fraud or to camouflage same--Members of F.S.T. were not justified in circumstances to invoke principle of locus poenitentiae. Seniority-- ----Legal status of notification--While serving in NCL, right of pensionery benefits as such and reckoning of his service in NCL for purpose of seniority in senate secretariat are also involved, which had not been comprehensively adverted to in impugned , passed by members of F.S.T. on…

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