Ex-top official takes fight for retirement benefits to tribunal

CHENNAI: Senior IAS officer K Ashok Vardhan Shetty, who has sought voluntary retirement from service, is fighting a case in the Central Administrative Tribunal (CAT) for his retirement benefits.
Shetty, a former principal secretary of the rural development and panchayati raj department, was involved in key projects including coordinating several schemes for self-help groups.He had worked closely with former deputy chief minister M K Stalin.
His notice to proceed on voluntary retirement was rejected by the chief secretary, public department, in December 2011, with the latter stating there was an inquiry pending against Shetty and so, he would be unable to accept his VRS notice. With arguments concluding on Tuesday, a bench of G Shanthappa, judicial member, and O P Sosamma, administrative member, has reserved orders for judgment.
In his application, Shetty – a 1983 batch officer belonging to Tamil Nadu cadre – said he had put in 28 years of service. His most recent posting was as special commissioner of archives and historical research from May to December, 2011. Due to “certain pressing personal reasons”, he submitted his notice for proceeding on voluntary retirement on September 8, 2011 under Rule 16 (2) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
According to this Rule, a member of the service may retire when he completes 30 years of service or attains 50 years of age, provided he gives at least three months notice. A notice under this Rule does not require acceptance by either the state or central government, Shetty said.
However, his notice was rejected under the “completely erroneous and irrelevant Rule 16(2)(a)”, which requires acceptance by the central government. Shetty pointed out that since his notice was rejected by an order from the state government, this order “suffered from a lack of jurisdiction” as well.
He said the chief secretary had ordered a preliminary inquiry against him by the Directorate of Vigilance and Anti-Corruption (DVAC) based on an “alleged anonymous/pseudonymous petition”, seven days before the expiry of the notice period, i.e. December 9, 2011.
Pointing out that he was put to “financial hardship” due to the non-settlement of his death-cum-retirement gratuity (DCRG), leave encashment, general provident fund, pension and other retirement benefits, he had filed an application before CAT seeking that the benefits be granted.