ANITA NAKRA vs GNCTD on 6 November 2026

:ORDER:

LE DR ANAND S KHATI, e present Original Applic ollowing reliefs: ue an appropriate order or di spondents to release of pen and leave encashment along w ue an appropriate order and d spondents to release the nce to the applicant from the 2012. ssue an appropriate order ng the respondents to release s and terminal benefits as per ssue an appropriate order ng the respondents to releas nt for the month of Feb. 20 of retirement and experience c ue an appropriate order and d spondents to consider regu of applicant from 19.11.2012 I institute for all terminal bene nt. ssue an appropriate order ng the respondents to implem me patter as in AIIMS and co erminal benefits and release it sue any appropriate order or al may deem fit and proper i favour of applicant and llow the present application w nt.” ed counsel for the applic was initially appointed as

, MEMBER (A): cation, the applicant irection thereby directing sion, gratuity, Provident with arrears. irection thereby directing payment of deputation period of 19.11.2007 to and direction thereby of 4 increments with its rule. and direction thereby se payment of salary of 023 along with relieving ertificate. irection thereby directing larization the period of 2 to 28.02.2023 rendered efits and release it to the and direction thereby ment the pay revision on onsequential arrears and t to the applicant. direction as this Hon’ble in the interest of justice with costs in favour of the cant submits that the Staff Nurse at Guru

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Teg Bahad Delhi, on 06 the post of and was gr Progression the applicab

3. It is s Assistant Institute 19.11.2007 limited per 18.11.2012 authority c pay scale Rs.5,400/-.

4. Learne completion permanent DSCI, in its and appro Assistant D pay protect ur Hospital (GTBH), Gov 6.03.1987. She was subse f Nursing Sister with eff ranted the benefit of Mod n (MACP) with effect from ble service records. submitted that the applica Director (Nursing) at (DSCI) on deputation

7. Although the deputatio riod, it was subsequen 2, with ex-post facto appro onveyed vide order dated of Rs.15,600–39,100 . ed counsel further su of the deputation period, absorption at DSCI. The s 9th meeting held on 28 ved the proposal for h Director (Nursing), in a h tion, subject to acceptan vernment of NCT of equently promoted to fect from 18.08.2004 dified Assured Career m 01.09.2008, as per ant was appointed as Delhi State Cancer with effect from on was initially for a tly extended up to oval of the competent d 09.10.2015, in the with Grade Pay of ubmits that, upon , the applicant sought Governing Council of 8.12.2012, considered her appointment as higher pay scale with ce of her resignation

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from the applicant 16.11.2012 only vide o with effect the delay technical re her absorp uncertainty consequent

5. The a decision re absorption work at DS and her te 28.02.2023 Director (N without a absorption terminal be

6. Learne pension, gr parent department. Pu tendered her technic

2. However, the same wa office order dated 04.01. from 18.11.2012 (A/N). of more than eight yea esignation adversely affe ption at DSCI and res y regarding her se tial service and retiral ben applicant further submit corded by the Governing at DSCI was never finalis SCI on a contractual bas enure was extended from 3, when she retired from ursing). According to the final decision having and without settlemen enefits. ed counsel submits th ratuity, leave encashment ursuant thereto, the cal resignation on as accepted by GTBH 2021, retrospectively It is contended that ars in accepting her ected the process of sulted in prolonged ervice status and nefits. ts that, despite the g Council, her formal sed. She continued to sis after 18.11.2012, m time to time until the post of Assistant applicant, she retired been taken on her t of her admissible hat the applicant’s and other admissible

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terminal be provident f contended subsequent for determi retiral bene The applica from 19.1 appropriate her termina

7. The a allowance f four increm pay fixatio revision co Seventh Ce applicable February 20 and expe regularisati 28.02.2023

enefits have not been rele fund pertaining to her se that her past service t service at DSCI ought t ining her entitlement to p efits in accordance with ant further claims that 11.2012 to 28.02.202 ely recognised for the pur al benefits. applicant also seeks pay for the period from 19.11 ments with consequential n and implementation o orresponding to the reco entral Pay Commission on at AIIMS. She further 023, issuance of her retire erience certificate, and on of her service at DSC 3 for the purpose of termin eased, except for the ervice at GTBH. It is at GTBH and her to be duly considered pensionary and other the applicable rules. her service at DSCI

has not been rpose of settlement of yment of deputation .2007 to 18.11.2012, arrears, appropriate of the applicable pay ommendations of the the same pattern as r claims salary for ement relieving letter d consideration of I from 19.11.2012 to nal benefits.

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8. Learne repeatedly including th Governmen resolution submitted settlement allegation 23.05.2023 both depa 30.05.2023 applicant, department unsettled.

9. Per co 3 submits t at GTBH on to the post effect from against the effect from ed counsel further submi approached the con he Department of Health nt of NCT of Delhi, GTBH of her grievances. Af a representation dated of her pending claims. S communicated to her 3 regarding simultaneous artments and submitted refuting the same. despite repeated repres tal correspondence, h ontra, learned counsel for that the applicant was app n 06.03.1987 and was su t of Nursing Sister/Senior m 18.08.2004. She was e post of Assistant Dire 19.11.2007, and the dep OA No.2760/20 its that the applicant ncerned authorities, and Family Welfare, H and DSCI, seeking fter retirement, she 11.05.2023 seeking She also disputed the vide letter dated drawal of salary from d her reply dated According to the sentations and inter- her claims remain respondents No. 1 to pointed as Staff Nurse bsequently promoted r Nursing Officer with s deputed to DSCI ector (Nursing) with putation period up to

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18.11.2012 the compet

10. It is permanent 16.11.2012 representat resignation Her technic effect from 04.01.2021 of formal a the domain and does no

11. The re furnished b meeting he the applica years, sub resignation that she w admissible, cadre, her

2 was subsequently appro tent authority vide order d further submitted that t absorption at DSCI 2 and subsequently req tion dated 06.06.2013 and relieve her from the cal resignation was ultim m 18.11.2012 (A/N) vide

1. According to the respo bsorption of the applican n of the competent auth ot pertain to respondents espondents submit that, a by DSCI, the Governing eld on 28.12.2012, appro ant’s appointment for an bject to acceptance of from GTBH. Although t would be entitled to te in respect of her past s formal absorption was n oved ex post facto by dated 09.10.2015. the applicant sought vide letter dated quested GTBH, vide 3, to accept her e parent department. mately accepted with e office order dated ondents, the question t at DSCI falls within ority of the Institute No. 1 to 3. as per the information g Council, in its 9th oved the proposal for initial tenure of five f her unconditional he minutes recorded erminal benefits, as service in the parent not finalised and she

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was subse basis.

12. Learne communica requested regarding l deputation vigilance st applicant’s onwards. A information the process

13. The re the availab salary from deputation 19.11.2007 overlapping therefore, vide letter 02.01.2024

quently engaged at DS ed counsel further subm ations dated 11.08.202 DSCI to furnish the r eave salary and pension period from 19.11.20 tatus, no-dues certificate a engagement at DSCI According to the respon n was not furnished by DS sing of the applicant’s claim espondents further subm ble records, the applican m GTBH up to 31.03. to DSCI had been appro

7. A possible excess g period from 19.11.2007 noticed. GTBH sought cla r dated 21.12.2023 an 4 and 16.01.2024. The r

CI on a contractual mits that GTBH, vide 1 and 25.08.2021, requisite information contributions for the 007 to 18.11.2012, and the nature of the I from 19.11.2012 ndents, the requisite SCI, thereby affecting ms. mit that, according to nt continued to draw 2008, although her oved with effect from payment for the 7 to 31.03.2008 was, arification from DSCI nd reminders dated respondents maintain

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that the ma claims can

14. It is requested v reminders processing contend th furnished. admissible of her techn that the cl for Februar subsequent domain.

15. In the have referr received fro was stated proposal regularisati 19.11.2012 amount be atter requires verification be finally settled. further submitted that vide letter dated 02.12.2 to furnish the requis her pensionary claims hat the required docum They also submit th to the applicant up to th nical resignation had alrea aims relating to deputati y 2023 and terminal bene t engagement at DSCI do e subsequent status affida red to the communicatio om DSCI, wherein recove to have been pointed out for ex-post facto a on of the applicant’s se 2 to 28.02.2023. DSCI req recovered and remitted before the applicant’s the applicant was 2023 and subsequent site documents for

s. The respondents ments had not been hat the increments e date of acceptance ady been granted and ion allowance, salary efits arising out of her o not fall within their avit, the respondents on dated 24.06.2024 ery of Rs.13,40,134/- t while processing the approval concerning ervice at DSCI from quested that the said to the Institute. The

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communica financial iss amount has the applican

16. The re dated 30.0 respondent claim in re 18.11.2012 documents, the subseq to be consid

17. The re Memorandu Departmen Governmen and the ad applicable processing the absorpt of absorpt maintain t ation reflects a pending sue and does not, by itse s been finally determined nt. espondents have also re 1.2025 passed by this T ts were directed to pro espect of service rende 2 within four weeks of re , while leaving the questi uent period, from 19.11. dered at the time of final espondents have further r um dated 17.08.2016 t of Personnel and nt of India, concerning dmissibility of past-servic rules. According to th of the applicant’s pensio tion category would requi tion from the compete that the matter concern g administrative and elf, establish that the d as recoverable from eferred to the order Tribunal, whereby the ocess the applicant’s red at GTBH up to ceipt of the requisite ion of retiral dues for 2012 to 28.02.2023, disposal of the OA. relied upon the Office issued by the Training (DoPT), technical resignation e benefits under the he respondents, the onary benefits under re the requisite order ent authority. They ning absorption and

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consequent 28.02.2023 whereas th at GTBH a applicable r

18. The ap her past se applicable technical re Memorandu 17.08.2016 technical re

19. Paragr Memorandu “The re Govern a post selectio adminis The sam “The b rules, m

20. It is a where the tial benefits for the period 3 is required to be a e claims relating to the ap are to be processed in rules. pplicant’s claim for protec ervice requires considerati pension rules and the in esignation. In this regard um No. 28020/1/20 6, consolidating the ins esignation and lien. raph 2.1.1 of the um provides as follows: esignation is treated as a tec ment servant has applied thr in the same or some other on, required to resign th strative reasons.” me paragraph further provides enefit of past service, if oth may be given in such cases.” also clarified therein that competent authority ha d from 19.11.2012 to addressed by DSCI, pplicant’s past service accordance with the ction and counting of ion in the light of the nstructions governing d, DoPT issued Office 010-Estt.(C) dated structions concerning aforesaid Office chnical formality where a rough proper channel for r Department, and is on he previous post for s: erwise admissible under resignation in cases as not permitted the

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application would not purpose of

21. The af past servic to admissib it is necess applicant p and subseq technical r entries. Th technical is itself, esta engagemen

22. Rule 2 2021, deal contains pr and the submitted appointmen qualifies. T applied onl to be forwarded through be treated as technical allowing the benefit of pa foresaid instructions indica e in a case of technical r bility under the applicable ary to examine the circum roceeded to DSCI, the ter quent engagement, the resignation, and the re e fact that her resignati s a relevant consideration ablish that every sub nt qualifies for pensionary 26 of the Central Civil Serv ing with forfeiture of se rovisions concerning the exception applicable w with proper permission nt under the Government The relevant provisions ly after determining thei h the proper channel l resignation for the st service. ate that the benefit of resignation is subject e rules. Consequently, mstances in which the rms of her deputation order accepting her elevant service-book on was described as n, but it does not, by bsequent contractual benefits. vices (Pension) Rules, rvice on resignation, effect of resignation where resignation is to take up another t in which the service must, however, be r applicability to the

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applicant’s her engage also exam instructions time.

23. Furthe and foreign obligations leave sala applicable. period from be examine relevant de

24. The 19.11.2012 Since the r serve on absorption automatica merely bec DSCI. Her service and service under GNCTD and ement at DSCI. The comp mine the corresponding s applicable to the appli er, the applicable rules g n service require verifica arising during the deputa ary and pension cont The question of such c m 19.11.2007 to 18.11.2 ed by GTBH and DSCI in eputation orders and applic applicant’s engagemen 2 to 28.02.2023 stands o respondents have stated t a contractual basis an was not finalised, the lly be treated as qualifyin cause she continued to entitlement to absorptio d retiral benefits must b d the terms governing petent authority shall pension rules and cant at the relevant governing deputation ation of the financial ation period, including tributions, wherever contributions for the 012 must, therefore, accordance with the cable financial rules. nt at DSCI from on a distinct footing. that she continued to nd that her formal said period cannot ng service for pension discharge duties at on and consequential e determined by the

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competent recruitment engagemen recorded in

25. We ha perused the

26. The fa the applica thereafter d Before com permanent resignation by GTBH o from 18.11

27. It is a that, althou the proposa meeting he not finalised a contractu Thus, the a authority in accordance t rules, service regu nt and the decision of th its 9th meeting held on 2 ave heard learned counse e material available on rec acts emerging from the pl nt served at GTBH from deputed to DSCI with effe mpletion of the deputation absorption at DSCI and t on 16.11.2012. The resig nly on 04.01.2021, retro .2012 (A/N). lso evident from the mate ugh the Governing Counc al concerning the applican eld on 28.12.2012, her fo

d. The applicant continue ual basis until her retirem applicant retired without a e with the applicable ulations, terms of he Governing Council 28.12.2012. el for the parties and cord. leadings indicate that 06.03.1987 and was ect from 19.11.2007. n period, she sought endered her technical gnation was accepted spectively with effect erial placed on record il of DSCI considered nt’s appointment in its ormal absorption was d to work at DSCI on ment on 28.02.2023. a final decision having

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been taken her admissi

28. The d resignation absorption uncertainty claims cann unresolved her entitle monetary o accordance presumed s engagemen

29. As reg 18.11.2012 of her pen particulars, requisite do to a possib period from require ver authorities.

n on her absorption and w ible terminal benefits. delay in accepting the at GTBH and the no at DSCI have resu y regarding her service st not be left undecided inde inter-departmental issue ement to absorption an or pensionary benefit mu with the applicable ru solely on the basis of her nt. gards the applicant’s ser 2, the respondents have nsionary claims to the f deputation-related cont ocuments. The responden ble overlapping payment m 19.11.2007 to 31.03.2 rification and reconciliatio However, the pendency without settlement of applicant’s technical n-finalisation of her ulted in prolonged tatus. The applicant’s efinitely on account of es. At the same time, d to any particular ust be determined in ules and cannot be continued contractual rvice at GTBH up to linked the processing furnishing of service tributions and other nts have also referred of salary during the 2008. These matters on by the concerned of inter-departmental

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correspond applicant’s

30. In view the compet whether t conditions whether th the applic acceptance 18.11.2012 taken into claims. Th service at applicable r being left absorption

31. The c engagemen requires a authority o decision, t engagemen ence cannot, by itself, claims undecided indefinit w of the DoPT instruction tent authority of GTBH is the applicant’s resigna for treatment as a techn e benefit of past service cable pension rules. of the resignation 2 (A/N) is a relevant circum account while determi e question of pensiona GTBH must be decided rules and verified service pending solely becaus at DSCI remains unresolv laim for benefits arising nt at DSCI from 19.11. a separate determinatio f DSCI must consider the the terms of the ap nt, the applicable serv justify keeping the tely. ns dated 17.08.2016, required to examine ation satisfies the nical resignation and e is admissible under The retrospective with effect from mstance that must be ning the applicant’s ary benefits for her on the basis of the records, rather than se the question of ved. from the applicant’s 2012 to 28.02.2023 on. The competent e Governing Council’s plicant’s contractual vice rules and the

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subsequent reasoned d consequent admissible

32. The c recovery of final liability be determi applicable requiremen

33. The increments applicable issuance o considered accordance governing t entitlement basis of t provisions.

t extension of her tenure. decision on her claim for tial service and retira under the rules. ommunication dated 24. f Rs.13,40,134/- does not y against the applicant. A ned on the basis of the rules, with due com nts of law. claims for deputation , pay fixation, imple pay revision, salary for of retirement-related d by the respective com with the applicable ru the applicant’s service a t to such benefits shall b he relevant service rec

. It must then pass a r absorption and the l benefits, if any, 06.2024 referring to , by itself, establish a Any such liability must relevant records and mpliance with the n allowance, four ementation of the February 2023 and ocuments must be petent authorities in ules and the terms nd engagement. The be determined on the cords and applicable

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34. In vie DSCI is req the applica period. Sim the requisit of the appli her admiss kept pendin

35. In view the Origina directions:

(i) Res author and s absorp a certi into a Gover applica engag serve ew of the above, the com quired to take a final and ant’s claim for absorption multaneously, GTBH and D te inter-departmental exe icant’s service particulars ible benefits, so that her ng indefinitely. w of the facts and circum al Application is disposed spondent No. 4, DSCI, th rity, shall consider and ta peaking decision on the ption within 45 days from ified copy of this order. Th ccount the minutes of th ning Council held on able rules, the terms ement and the fact tha at DSCI until her retireme mpetent authority of reasoned decision on n within a stipulated DSCI shall undertake ercise for verification and determination of retiral claims are not mstances of the case, of with the following hrough its competent ake a final, reasoned applicant’s claim for the date of receipt of he decision shall take e 9th meeting of the n 28.12.2012, the of her contractual at she continued to ent on 28.02.2023.

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(ii) In admis issue steps admis

19.11. therea accord questi adjust her pa

(iii) In is not setting financ engag benefi applica releva the ap

(iv) Re author the event the applicant’s sible under the applicab the requisite order and for determination of he sible retiral benefits fo .2012 to 28.02.2023. GT after coordinate to se dance with the applicable on of counting of qua tment of the benefits adm ast service. n the event the applicant’s accepted, DSCI shall pa g out the applicable rule ial consequences of ement up to 28.02.2 ts, if any, admissible able rules. The decision nt facts, the Governing C pplicant’s claim for conseq espondents No. 1 to 3, th rity of GTBH, shall proces s absorption is found ble rules, DSCI shall d take consequential r service status and or the period from TBH and DSCI shall ttle her claims in e rules, including the alifying service and missible in respect of s claim for absorption ass a reasoned order es and the legal and her contractual 2023, including the to her under the n shall address the Council’s decision and uential benefits. hrough the competent ss and determine the

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applica up to admis applica this T and D record pensio relatin

(v) Th period amoun comm separa applica merely depart determ

(vi) T period increm and im ant’s claims arising out of 18.11.2012, including p sible terminal benefits, in able rules and the directio Tribunal vide order dated DSCI shall jointly verify th ds and reconcile the requi on contributions and othe ng to the deputation period he issue of any alleged ex d from 19.11.2007 to 3 nt of Rs.13,40,134/- unication dated 24.06.20 ately on the basis of the able rules. No recovery y on the basis of a tmental communication mination of liability in acco The claims for deputatio d from 19.11.2007 to ments with consequential mplementation of the app f her service at GTBH pensionary and other n accordance with the ons already issued by d 30.01.2025. GTBH he applicant’s service isite leave salary and er financial particulars d. xcess payment for the 31.03.2008 and the referred to in the 24 shall be examined relevant records and y shall be effected a preliminary inter- without a proper ordance with law. on allowance for the o 18.11.2012, four arrears, pay fixation plicable pay revision,

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salary retirem shall author and th engag comm

(vii) T exped date o subjec for de in do applica require extend avoid

(viii) I pensio allowa other accord for February 2023, a ment relieving letter and be considered by the r rities in accordance with he terms governing the ap ement. A reasoned unicated to the applicant. The exercise directed abov itiously, preferably within of receipt of a certified ct to the specific period o ciding the claim for absor ocuments shall be com ant in writing, specify ed, and the concerned d the necessary cooperat further delay. It is clarified that the appl on, gratuity, leave enca ance, increments, pay r consequential benefits sh dance with the applica nd issuance of the experience certificate respective competent the applicable rules pplicant’s service and decision shall be

ve shall be completed two months from the copy of this order, of 45 days prescribed rption. Any deficiency mmunicated to the ying the documents d departments shall tion to each other to licant’s entitlement to ashment, deputation revision arrears and hall be determined in ble rules. No final

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opinio monet entitle

36. Pending shall be no

(Dr. Anand Member

/jk/

n is expressed at this st tary claim or on the a ement to absorption. g MAs, if any, shall stan order as to costs. d S Khati)

(A)

OA No.2760/20 tage on any disputed applicant’s automatic d disposed of. There (Manish Garg) Member (J)

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