Delhi High Court
Retd. Major A.S. Dahiya E.C. No. 59676 vs Union Of India (Uoi) And Ors. on 17 December, 2003
Equivalent citations: 2004IAD(DELHI)200, 108(2003)DLT740, 2004(72)DRJ377
Author: R.C. Jain
Bench: R.C. Jain
JUDGMENT Vijender Jain, J.
1. Rule D.B. This writ petition can be disposed of in view of the stand taken by the respondent that CCS (Pension) Rules applies to the case of the petitioner. The prayer of the petitioner in the writ petition is that respondent be directed to pay the full pension benefit of 33 years qualifying service w.e.f. 1.7.1994 and also pay the arrears of pension and gratuity after revising the pension. Mr. Hooda, Counsel for the petitioner, has contended that petitioner was superannuated on 31.3.1995 at the age of 55 years after completing 29 years 11 months and 4 days actual service.
2. The learned Single Judge of this Court has dealt with the question in Ex, Comdt. O.P. Rana v. Union of India and Anr. on the basis of the decision of Supreme Court in Raghu Nandan Lal Chaudhary and Ors. v. Union of India, and Sant Ram v. Union of India and Ors. in C.W.P. 4288/94 decided by the Division Bench of this Court.
3. In view of the fact that respondent itself has taken the stand in paragraph 5 of the counter affidavit that CCS (Pension) Rules are applicable, the petitioner is entitled to five years weightage under Rule 48-B of CCS (Pension) Rules, which is to the following effect:
"48-B. Addition to qualifying service on voluntary retirement--
1. The qualifying service as on the date of intended retirement of the Government servant retiring under Rule 48 (1) (a) or Rule 48-a or Clause (k) of Rule 6 of the Fundamental Rules or Clause (i) of Article 459 of the Civil Service Regulations, with or without permission shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the Government servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.
(2) The weightage of five years under Sub-rule (1) shall not be admissible in cases of those Government servants who are prematurely retired by . the Government in the public interest under Rule 48(1)(b) or FR 56(j).
4. Counsel for the respondent has contended that in the case of the petitioner. Rule 49(2)(b) of CCS (Pension) Rule would be applicable. The same is to the following effect:
"In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty-three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (a) and in no case the amount of pension shall be less than (Rupees three hundred and seventy-five) per mensem,"
5. From a bare perusal of the aforesaid Rules it is manifest that Rule 49(b) applies in a case where the qualifying service is 10 years, whereas, Rule 48-B deals with the qualifying service where a person retires after completing the service as a whole. Rule 48(B) makes it obligatory that weightage will be given by not increasing more than five years subject to the condition that total qualifying service rendered by the Government servant does not in any case exceed 33 years. Admittedly, the petitioner has rendered29 years 11 months as qualifying service, therefore, pursuant to the aforesaid Rules, weightage has to be given for the purpose of grant of pension and other benefits.
6. We allow the writ petition and direct the respondent to refix the pension and gratuity of the petitioner after taking the qualifying service as 30 years and after the revision, arrears shall be paid to the petitioner within a period of three months.
Rule is made absolute.