K.S. DHALL Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER No.1 is an employee while Petitioner No.2 is an association of employees of National Airports Authority of India (NAAI), a Public Sector Undertaking (PSU), who earlier had been working with the Central Government and were absorbed permanently in the said PSU on the basis of a decision taken by the Government of India, i.e., respondent No.1 w.e.f. 01.06.1986 with the conditions that they would hold the office in NAAI on deputation by the same tenure and upon the same terms and conditions in respect of remuneration, leave, provident fund, retirement or other terminal benefits as they should have held such office if NAAI has not been constituted and shall continue to do so until duly absorbed by NAAI in its regular service. In fact additional benefits were also provided to those persons for getting 100% commutation of the retiral benefits including gratuity as provided under Rule 37A of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the Pension Rules) as it existed on that day and provided as follows:

(2.) IN the case of all the petitioners, it was implemented by providing commutation of 100% pension in the following manner:

(3.) THE lis subject matter of present writ petition is the desire of the petitioners seeking restoration of the commuted portion of the pension in respect of the terminal benefits of 2/3rd of the pension after 15 years of their absorption on the plea that the said 2/3rd amount was given to them after 7 years of their absorption on the principles laid down in the Common Cause judgment (supra).