UNION OF INDIA Vs. KULTAR CHAND RANA

JUDGEMENT

(1.) The petitioner, Union of India through Secretary (Power), Ministry of Power and Ors challenges the order dated 21st April, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No.1442/2008 titled Sh.Kultar Chand Rana v. Union of India and ors partly allowing the prayer of the respondent to grant pro-rata pension to him on his work charged benefits with arrears. The respondent was appointed as wireless operator on whole time employment service in erstwhile NREB (Northern Regional Power Committee) and was performing monitoring and co-ordination for maintenance of uninterrupted electric supply to Northern Region of India. The respondent continued as such on monthly basis till his absorption in regular employment when he was appointed with effect from 5th September, 1986 and his pay was fixed in the revised scale with effect from 1st January, 1986.

(2.) Pursuant to the decision to transfer five Regional Load Dispatch Centres to the Power Grid Corporation of India Ltd, NRLDC, New Delhi was transferred to Power Grid Corporation of India Ltd with effect from 31st December, 1995 and the personnel posted in RLDCs were absorbed with effect from the actual date of transfer of the respective RLDCs. The respondent was transferred from NRLDC (NREB) to Power Grid Corporation of India on 31st December, 1995 and an option was obtained from the respondent for pensionary benefits available to him under the Central Government Rules in force at the time of his retirement.

(3.) The respondent superannuated with effect from 30th April, 2007 and requested for release of pension and service gratuity which were denied to him on the ground that his services prior to his absorption were not computable for the purpose of ascertaining his entitlement for the pensionary benefit.