Central Administrative Tribunal - Chandigarh
Sucha Singh S/O Ujagar Singh Ex ... vs Union Of India Through Secretary on 26 September, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH CORAM: HONBLE MR. JUSTICE S.D. ANAND, MEMBER (J) O.A. No. 286/PB/2011 Dated: 26.09.2011 Sucha Singh s/o Ujagar Singh Ex Havaldar/resident of H. No. 238, Katni Gate, Kartarpur, District Jalandhar. ..Applicant Versus 1. Union of India through Secretary, Ministry of Defence, New Delhi. 2. Pension Disbursement Cell, western Command, Chandigarh through the AO (DPA Cell) SCO No. 114, Sector 47-C, Chandigarh. .Respondents Present: Ms. Munjuli Joshi, counsel for the applicant Mr. Sanjiv Dahiya, counsel for the respondents ORDER (Oral)
BY MR. JUSTICE S.D. ANAND, MEMBER(J)
1. The applicant, an ex-serviceman of seven years (1953-60), joined re-employment and superannuated on 30.04.1992.
2. He has raised a claim that the seven years duration of army employment be counted towards the fixture of pensionary benefits admissible to him following his superannuation from the civil employment.
3. While not denying either the factum or the averred duration of army employment, the respondents contested the validity of the claim raised, on the plea that he had not exercised the option conceptualized in terms of CCS (Pension) Rules, 1972, which also required him to refund the retirement benefit/gratuity etc. in lieu of past military service rendered by him.
4. Learned counsel for the applicant states at the Bar that the applicant was not in receipt of any pensionary benefits from the army as he did not render the required duration of service, which could make him eligible for that.
5. The factual accuracy of that averment is not denied on behalf of the respondents.
6. There, thus, being nothing to impede the counting of past service rendered by the applicant, the O.A. shall stand allowed.
7. The respondents are directed to grant the benefit of past service towards the fixture of the pensionary benefits of the applicant. The needful be done within two months of the date a copy of this order is presented in the office of the competent authority.
8. Disposed of accordingly.
(JUSTICE S.D. ANAND) MEMBER(J) mw 2 O.A. NO. 286/PB/2011