VINOD KULSHRESTHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India lays challenge to the orders dated 17.8.1998 and 20.9.1999 of the Central Administrative Tribunal (CAT) whereby the CAT has dismissed O.A. and the Review Application filed by the petitioner.

(2.) The relief claimed in the O.A. by the applicant/petitioner was to the two orders dated 26.6.1996 of the Director General of Audit and 14.5.1997 of the Director of Audit, Defence Services rejecting the claim relating to re-fixation of pay on opting for combined service for pension.

(3.) The facts are that the petitioner was appointed in the office of Director of Audit on 20.9.1989. He served in the Indian Navy from 24.1.1971 to 31.1.1985 for a period of 14 years. He exercised his option for counting his previous Navy service within the period of one year from the date of joining under Rule 19(1) of the Pension Regulations, 1972. Accordingly, by an order dated 20.9.1991 the Director of Audit ordered that the period of his service for 14 years 7 months and 24 days be treated as qualifying service towards his present civil service. The applicant deposited the amount of Rs. 15,110/- comprising of Rs. 13,490/- towards service gratuity and DCRG and Rs. 1619/- by way of interest. This is a condition which he fulfilled for counting the Naval service as qualifying service. He, therefore, represented on 20.9.1994 to the C&AG, New Delhi for granting him advance increments as per Para 15 of the Office Memorandum (O.M.) dated 31.7.1986 [Central Civil Services(Fixation of Pay of Re- employed Pensioners) Orders, 1986]. Para 15 runs as under:- 15. RETRENCHED EMPLOYEES In the case of ex-servicemen as well as civilians who are retrenched from service and are not granted pension and/or service gratuity, on their appointment to Government service they may be granted advance increments equal to the completed years of service rendered by them on a basic pay equal to or higher than the minimum of the scale attached to the civil post in which they are employed. The pay arrived at should not, however, exceed the basic pay drawn by them in the Armed Force.