UNION OF INDIA Vs. V D DUBEY

JUDGEMENT

(1.) The question that arises for consideration in these cases is whether the Rule 2423-A of the Indian Railway Establishment Code as amended, which provides for adding certain period of service, to the qualifying service for superannuation pension, would be available to those who retire from service after 31st March, 1960, irrespective of the fact whether the recruitment rules at the time of their appointment had contained such a specific provision or not.

(2.) The Railway Administration took up the stand that only if the recruitment rules conferred such a provision the benefit of added years of service, for superannuation pension, would be available. The High Court in all these cases took a consistent view that what is relevant is the date of retirement, not the date of entry in service.

(3.) Rule 2423-A as it originally stood, stated that an officer appointed to his service or post on or after 1st April, 1960 was eligible to add to his service qualifying for superannuation pension, the actual period not exceeding ¼th of the length of his service or actual period by which his age at the time of recruitment exceeded 25 years or a period of five years whichever is less provided the post held by him is one for which post graduate research or specialized qualification or experience in scientific, technological or professional field is essential and to which candidate of more than 25 years of age are normally recruited. Rule was again amended on 15.11.1976 adding a proviso stating that the concession shall be admissible only if the recruitment rules in respect of a service/post contain such a provision. Rule was again amended stating that the benefit of added years of service under Rule 2423-A/R-II would be admissible to all those who retire from service or posts after 31.3.1960 and who were otherwise eligible under Rule 2423-A/R-II which was made effective from 28th October, 1997.