AIROnline 2023 SC 121 ::AIR 2023 SC (Civ) 968

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, Hima Kohli , JJ

Constitution of India , Art.226, Art.309— Central Civil Services (Pension) Rules (1972) , R.2, R.11— Order of repatriation - Whether in the nature of discharge - While serving as Scientist-G in DRDO petitioner was appointed as Scientist-H in NTRO on probation, as direct recruit - Petitioner tendered technical resignation in DRDO but her lien continued as per relevant OM - Since her work was not satisfactory, petitioner was relieved from her post in NTRO and was repatriated to DRDO as Scientist-G - Once petitioner reported for duty at DRDO and proceeded on leave as Scientist-G, she ceased to be the employee of NTRO as Scientist-H - Also, since petitioner was appointed as Scientist-H in NTRO as a direct recruit, on probation and was relieved while on probation, even as per the CCS (Pension) Rules, 1972 she would not be entitled to pensionary benefits as scientist-H - Order of High Court treating repatriation of petitioner from NTRO to DRDO as discharge and declaring her entitled to retiral benefits accordingly, was erroneous. 2021 (4) AKR 777-Reversed (Para 6.1 6.2 6.3 6.4 7) .....