Since numberdecision was taken by the IMD for companysiderable time, the appellant approached the Tribunal seeking direction that he should be deemed to be a substantive employee of the Central Government within the meaning of Rule 13 of the CCS Pension Rules 1972 the Rules and, as such, entitled to pension and other retrial benefits under the rules.
As mentioned above, the Tribunal rejected the prayer.
The Tribunal answered the question in the negative and rejected the claim of the appellant on the short ground that the appellant was number a substantive employee of the Central Government.
The Director General, IMD by his letter dated 11 11 1987 informed the appellant that since the seniority list of the cadre of Assistant Meteorologist has been quashed by the Central Administrative Tribunal, Madras Bench, his case for companyfirmation will be companysidered according to rules on the basis of revised seniority list when finalised.
He was placed on probation for a period of two years.
He was relieved on 30 101986 by the IMD and he joined the NTPC on 31 10 1986.
While working with the IMD he was selected for appointment as Senior Engineer in the NTPC.
On 13 10 1977 he joined the Indian Meteorological Department IMD as Assistant Meteorologist after being selected through the Union Public Service Commission.
On 11 2 1987 the appellant again represented to the Central Government requesting for the grant of pro rata pension as he had served the Government for twelve years and eight months.
However, in order to pursue his case for companyfirmation, he decided to forego the promotion.
No specific order companyfirming the appellant in the service of the Central Government was issued.
He joined the NTPC on 31 10 1986.
The appellant joined the Central Government service on 2 3 1974 as Technical Assistant in the office of the Director General of Supplies Disposals and worked there till 12 10 1977.
In the meantime, the appellant was promoted as Meteorologist Grade I in the IMD with effect from 22 9 1986 and posted at Pune.
He was permitted to cross the first efficiency bar on 1 10 1983.
He was selected for appointment as Senior Engineer in the National Thermal Power Corporation NTPC , a Central Government Undertaking.
The appellant delayed his joining the NTPC because his case for companyfirmation as Assistant Meteorologist was under companysideration of the Central Government.
The memorandum dated 28 3 1988 came into force with effect from 1 4 1988.
The Judgment of the Court was delivered by KULDIP SINGH, J. Special leave granted.
This appeal by way of special leave is against the judgment of the Tribunal dated 24 10 1991.
He was required to resign from the Central Government service for the purpose of joining the NTPC.
The NTPC finally directed the appellant to join on or before 31 10 1986.
The question before the Central Administrative Tribunal the Tribunal , New Delhi was whether the appellant was entitled to pro rata pension for the period of his service under the Central Government.
The appellant was, therefore, appointed as Assistant Meteorologist against a permanent vacancy.
Despite repeated representations the IMD did number companyfirm the appellant and, as such, he submitted his resignation on 21 10 1986 to the IMD.
It is number the case of the respondents that the appellant was appointed against a temporary post.
The appellant joined Central Government service on 2 3 1974.
