COMPTROLLER AND AUDITOR GENERAL OF INDIA, THE ACCOUNTANT GENERAL (A AND E) AND THE SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE Vs. SRI KNAGARAJA S/O LATE K. KRISHNAMURTHY AND SRI M.R. RADHAKANTHA S/O LATE M.R. RAMAIAH

JUDGEMENT

(1.) THE Controller and Auditor General of India being aggrieved by the order dt. 5.7.2007 made in O.A. No. 296/06 passed by the Central Administrative Tribunal, Bangalore Bench, preferred this Writ Petition wherein the Central Administrative Tribunal directed the Petitioners herein to consider the case of Respondents -1 and 2 and to take decision within a period of 4 months.

(2.) THE facts of the case are as follows: Respondents 1 and 2 approached Central Administrative Tribunal challenging the orders dated 19 -4 -2005 and 28 -9 -2005 passed by the second Petitioner inter alia contending that they were initially appointed in the office of the Accountant General on 16 -5 -1977 and 10 -5 -1974 respectively. Subsequently, the first, Respondent got permanently absorbed in Aeronautical Department Agency, Bangalore on 22 -5 -1988. Subsequently, he resigned for his job in the Accountant General. The second Respondent was permanently absorbed in CFTRI on 30 -10 -1987, he also resigned for his earlier post. They made separate representations to the Petitioners for grant of Dearness relief due on commuted pension in respect of the Government Servant who had drawn lumpsum amount on their absorption in a public sector undertaking. The said representations were rejected by the Petitioners as per order dated 19 -4 -2005 and 28 -9 -2005.

(3.) SRI . M. Vasudeva Rao, advocate appearing for the Petitioners contended that the order passed by the Central Administrative Tribunal is contrary to law. As per Rules, they are not entitled for grant of Dearness relief on full pension as per the Official Memorandum dated 2 -7 -1999 and sought for setting aside the order passed by the Central Administrative Tribunal by allowing this petition.