UNION OF INDIA Vs. O.P.NIJHAWAN

JUDGEMENT

(1.) This bunch of appeals raising common questions of law and facts have been heard together and are being decided by this common judgment. All the appeals have been filed by the Union of India through Ministry of Defence and others questioning the judgment of High Court and judgments of Central Administrative Tribunal, Principal Bench, Delhi and different other benches of Central Administrative Tribunals. The Central Administrative Tribunal, Principal Bench as well as different other benches of Central Administrative Tribunals have allowed the original applications filed by respondents herein, who have been working as Scientists in Department of Defence Research and Development Organisation, Department of Atomic Energy and Department of Space, all under Ministry of Defence. The Union of India has sanctioned special pay of Rs.2,000/- w.e.f. 01.01.1996 and Rs.4,000/- w.e.f. 01.01.2006 to the Scientists working in the above mentioned three departments.

(2.) Original applications were filed by the respondents herein claiming direction to the Union of India and others for reckoning the special pay for pension and pensionary purpose. The respondents in this batch of appeals had been working in the Department of Defence Research and Development Organisation, Department of Atomic Energy and Department of Space. The issues raised before the Central Administrative Tribunals by the respondents/ Scientists working in the above mentioned three departments and the reliefs claimed therein were similar in nature and Principal Bench of Central Administrative Tribunal and other benches had allowed the claim for treating the above special pay for pensionary benefits. The High Courts have also dismissed the writ petitions where the orders of Central Administrative Tribunals were challenged. Union of India being aggrieved by the said judgments have come up in these appeals.

(3.) Issues raised by Scientists of above mentioned three departments being the same, it shall be sufficient to notice the pleadings in Civil Appeal No. 12040 of 2018 - Union of India & Ors. Vs. Dr. O.P. Nijhawan & Ors. for deciding this bunch of appeals, which is being treated as leading appeal.