Case Note & Summary
The petitioners, the Senior Superintendent of Post Offices and others, challenged the judgment of the Central Administrative Tribunal, Nagpur, which had allowed the Original Application filed by the respondent, Haridas Gondane, a retired postal employee. The respondent had rendered 9 years and 8 months of service with the Department. The petitioners argued that under the Central Civil Services (Pension) Rules, 1972, an employee must complete 10 years of qualifying service to be eligible for pension, and the respondent had not met this requirement. They contended that the Tribunal misinterpreted Rule 49(3) of the CCS (Pension) Rules. The respondent, through his counsel, submitted that the Tribunal had correctly considered the facts and law, and that he had completed qualifying service of 10 years, thus being eligible for pension. The High Court, after hearing both sides and reviewing the Tribunal's judgment dated 08/12/2016, found no reason to interfere. The Court noted that the Tribunal had properly considered Rule 49(3) and concluded that the respondent had completed more than 10 years of service, entitling him to pension. The writ petition was dismissed, and the Tribunal's order was upheld.
Headnote
A) Service Law - Pension - Qualifying Service - Rule 49(3) of the Central Civil Services (Pension) Rules, 1972 - The respondent employee had rendered 9 years and 8 months of service. The Tribunal held that he had completed more than 10 years of qualifying service and was entitled to pension. The High Court upheld this, finding no interference warranted. (Paras 2-4)
Issue of Consideration
Whether an employee who has rendered 9 years and 8 months of service is entitled to pension under the Central Civil Services (Pension) Rules, 1972, particularly Rule 49(3).
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the Central Administrative Tribunal, Nagpur, which granted pension to the respondent.
Law Points
- Pension eligibility
- qualifying service
- Rule 49(3) CCS (Pension) Rules
- 1972
- rounding off of service
- Central Civil Services (Pension) Rules
Case Details
2018 LawText (BOM) (07) 150
WRIT PETITION NO. 5620 OF 2017
R. K. Deshpande, Arun D. Upadhye
S. A. Choudhari for petitioners, R. D. Thakur for respondent
The Senior Superintendent of Post Offices, Moffusil Division, Nagpur; Assistant Superintendent of Post Office, North SubDivision, Kamptee; Union of India
Haridas s/o Mahadev Gondane
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Nature of Litigation
Writ petition challenging the judgment of the Central Administrative Tribunal, Nagpur, which allowed the respondent's application for pension.
Remedy Sought
The petitioners sought to set aside the Tribunal's judgment and deny pension to the respondent.
Filing Reason
The petitioners contended that the respondent had only 9 years and 8 months of service, not qualifying for pension under the CCS (Pension) Rules, 1972.
Previous Decisions
The Central Administrative Tribunal, Nagpur, by judgment dated 08/12/2016, allowed the respondent's Original Application and held him entitled to pension.
Issues
Whether the respondent had completed 10 years of qualifying service for pension under the CCS (Pension) Rules, 1972.
Whether the Tribunal correctly interpreted Rule 49(3) of the CCS (Pension) Rules.
Submissions/Arguments
Petitioners: The respondent rendered only 9 years and 8 months of service, not eligible for pension; Rule 49(3) does not apply as he did not complete 9 years and 9 months; Tribunal misinterpreted the rule.
Respondent: The Tribunal correctly considered facts and law; respondent completed qualifying service of 10 years and is eligible for pension.
Ratio Decidendi
The High Court held that the Tribunal's interpretation of Rule 49(3) of the CCS (Pension) Rules, 1972, was correct, and the respondent, having rendered more than 9 years of service, was entitled to the benefit of the rule, resulting in qualifying service of over 10 years for pension.
Judgment Excerpts
The learned Tribunal has considered the provisions of Rule 49(3) of the C.C.S. (Pension) Rules and came to the conclusion that the respondent has completed the service more than 10 years and entitled to get pension.
Procedural History
The respondent filed an Original Application before the Central Administrative Tribunal, Nagpur, which was allowed on 08/12/2016. The petitioners then filed the present writ petition in the High Court of Bombay, Nagpur Bench, challenging that judgment. The High Court heard the matter and dismissed the petition on 24/07/2018.
Acts & Sections
- Central Civil Services (Pension) Rules, 1972: Rule 49(3)
