A P SRIVASTAVA DEAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) The short question which arises for consideration is whether an employee who was a temporary government servant loses his right to receive pension when the employer exercises its option and retires the employee after he attains the age of 55 years in accordance with Rule 56 (J) (II) of the Fundamental Rules, even though the employee might have completed more than 20 years' service

(3.) The appellant joined the services of the government of India as temporary Lower Division Clerk in the central Tractor Organisation on 6/10/1955. He was promoted to the post of Upper Division Clerk on probation on 28/12/1962 and having continued for 8 years, he was reverted to the post of temporary Lower Division Clerk on 1/12/1970. Pending initiation of departmental proceeding he was suspended on 1/12/1980. The departmental proceeding was initiated on 10/4/1981. The disciplinary authority finally passed an order of punishment on 1/6/1985. Against the order of punishment an appeal was preferred by the appellant on 19-7-1985 but that appeal had not been forwarded to the appellate authority by the disciplinary authority. As the appeal was not disposed of the appellant approached the Principal bench of the central Administrative tribunal on 15/1/1987. While the aforesaid proceeding was pending before the Tribunal, the Under secretary in the Ministry of Home Affairs issued an order prematurely retiring the appellant under Rule 56 (j) (ii) of the Fundamental Rules on 26/2/1988 making it effective from 1/3/1988. This order was challenged by the appellant again before the central Administrative tribunal which was heard on 31/1/1991. On account of difference of opinion between the two members of the tribunal the matter was referred to the Chairman under Section 26 of the Administrative tribunals Act, 1985 who in his turn referred the matter to the Vice-Chairman. The Vice-Chairman gave his opinion that the order of compulsory retirement of a temporary government servant under Rule 56 (/) of the Fundamental Rules is not an order of punishment. He also found that the employee will not be entitled to any pensionary benefit since neither he has retired on reaching the age of superannuation nor he has been declared permanently incapacitated for further government service nor he has sought voluntary retirement after completion of 20 years of service.