Central Administrative Tribunal - Delhi
Hkm. K A S Azmi vs Secretary To Govt. Of India on 16 April, 2009
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.1806/2008 O.A.No.1809/2008 O.A.No.1856/2008 Thursday, this the 16th day of April 2009 Honble Shri Shanker Raju, Member (J) OA-1806/2008 Hkm. K A S Azmi Son of late Molvi Mohd. Said Aged about 61 years Resident of Dilkusha N-49 Abul Fazal Enclave Jamia Nagar, New Delhi-25 ..Applicant (By Advocate: Shri Arun Bhardwaj) Versus 1. Secretary to Govt. of India Deptt. of AYUSH Ministry of Health & Family Welfare 1 Red Cross Road, IRCS Building, New Delhi 2. Central Council for Research in Unani Medicine through Director, Ministry of Health & Family Welfare 61-65, Industrial Area, Opp. D-Block, Janakpuri New Delhi-58 3. President Central Council for Research in Unani Medicine Department of AYUSH, Ministry of Health & Family Welfare Nirman Bhawan, New Delhi-11 ..Respondents (By Advocate: Shri C Hari Shankar) OA-1809/2008 Hkm. Syed Safiuddin Ali s/o late Syed Riaz uddin Ali resident of F-14/11, Jogabal Extn. Jamia Nagar Okhla, New Delhi-25 ..Applicant (By Advocate: Shri Arun Bhardwaj) Versus 1. Central Council for Research in Unani Medicine through Director, Ministry of Health & Family Welfare 61-65, Industrial Area, Opp. D-Block, Janakpuri New Delhi-58 2. President Central Council for Research in Unani Medicine Department of AYUSH, Ministry of Health & Family Welfare Nirman Bhawan, New Delhi-11 3. Secretary to Government of India Department of AYUSH, Ministry of Health & Family Welfare 1-Red Cross Road, IRCS Building New Delhi-01 ..Respondents (By Advocate: Shri C Hari Shankar) OA-1856/2008 Hkm. (Mrs.) Anees Zehra W/o Hkm S S Ali Resident of F-14/11, Jogabai Extn. Jamia Nagar OKHLA, New Delhi-25 ..Applicant (By Advocate: Shri Arun Bhardwaj) Versus 1. Secretary to Govt. of India Deptt. of AYUSH Ministry of Health & Family Welfare 1 Red Cross Road, IRCS Building, New Delhi 2. Central Council for Research in Unani Medicine through Director, Ministry of Health & Family Welfare 61-65, Industrial Area, Opp. D-Block, Janakpuri New Delhi-58 3. President Central Council for Research in Unani Medicine Union Ministry of Health & Family Welfare Nirman Bhawan, New Delhi-11 ..Respondents (By Advocate: Shri C Hari Shankar) O R D E R (ORAL)
Shri Shanker Raju:
As the issue raised in these OAs are common with identical question of law, these OAs are being disposed of by this common order.
2. Applicants, who are admittedly appointee prior to 1983, are CPF pensioners. A scheme promulgated in 1983 sought option from the concerned to switch over to pension as per Bye-Law 32 of the respondents, which permits such an option to be exercised and conversion thereof.
3. The case of the applicants is that this option of 1983 has been reiterated by another option vide OM dated 18.12.1997. As the applicants have exercised this option to move from CPF to GPF Pension scheme, the same having not been acceded to by the respondents, it is prayed that the applicants may be treated as pensioners and necessary consequential benefits be accorded.
4. On the other hand, learned counsel for respondents would contend that though there is no specific rebuttal to the averments regarding promulgation of option on 18.12.1997 but if the competent authority finds that the fresh option has been extended by the applicants, certainly the claim would be considered in accordance with rules.
5. In the light of above, these OAs are disposed of with a direction to the respondents that in the event the respondents on inquiry find another option to convert from CPF to GPF pension scheme is contained in the memorandum dated 18.12.1997, request of the applicants shall be considered for switching over from CPF to GPF pension scheme. In that event, all the consequential benefits shall be bestowed upon them within a period of three months from the date of receipt of a copy of this order. No costs.
6. Let a copy of this order be placed in all the respective files.
( Shanker Raju ) Member (J) /sunil/