DARSHAN KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is directed against an order dated 8 th July, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT) dismissing the Petitioners OA No. 1610/2015. The CAT has by the impugned order rejected the Petitioners prayer for commutation of his pension on the ground that such prayer had already been considered and rejected by its earlier order dated 20th April, 2006 in OA No. 768/2005 filed by the Petitioner.

(2.) The background facts are that while working as a Superintending Engineer in the office of the Chief Engineer (CE), Jabalpur the Petitioner, who belongs to the Military Engineering Service, gave 3 months notice on 1st August, 1996 seeking voluntary retirement from service in terms of the Civil Service Regulation (CSR) 459 (i) read with Rule 48 (1-A) of the Central Civil Service (Pension) Rules [CCS (Pension) Rules]. In terms of the notice period of 3 months, the Petitioner was to retire on 31st October, 1996. The CE, Jabalpur Zone by a letter dated 31st October, 1996 informed the Petitioner that the Competent Authority (CA) had rejected his request for voluntary retirement from that date.

(3.) The Petitioner, however, proceeded to give to the CE a departure report dated 31st October, 1996. He also submitted his pension papers to the CE. By a separate letter dated 2nd November 1996, he requested the CE to process his retiral benefit on a priority basis. The CE in a reply dated 7th November, 1996, informed the Petitioner that he had not stood relieved from his duties and that, therefore, no question arose of processing his papers for the purpose of post-retiral benefits.