UNION OF INDIA Vs. P M HINDUJA

JUDGEMENT

(1.) Petitioner has directed this petition against the judgment dated 15/2/1999 of Central Administrative Tribunal, Principal Bench/New Delhi (in short the Tribunal), by which O.A. No.818/98 filed by the respondent was allowed.

(2.) The respondent had joined Indian Meteorological Department on 9/03/1948 where he was declared a permanent L.D.C. w.e.f. 1/1/1956. He was sent on deputation to O.N.G.C. w.e.f. 22/2 4/09/1959. There he was permanently absorbed w.e.f. 7/06/1962. The respondent's technical resignation from Government Service was accepted with effect from the said date. The question for consideration is whether respondent on absorption in public sector undertaking i.e. O.N.G.C. was eligible for pro-rata pension and death-cum-retirement gratuity based on length of his qualifying service under the Government till the date of his absorption. On the date of his absorption in O.N.G.C., the retirement benefits of his service rendered with Government were regulated by memorandum dated 10/11/1960 issued by Ministry of Finance (Department of Expenditure, New Delhi 5.

(3.) According to the said memorandum, retirement benefits of service rendered by a Government servant, before his absorption in public sector undertaking, were admissible equal to what the Government would have contributed, had the officer been on Contributory Provident Fund terms with 2% simple interest thereon. The Government of India specifically issued memorandum dated 16/06/1967 providing revised terms and conditions of pro-rata pension etc. In connection with absorption of Government employees in public sector undertakings but restricted the revised benefits only to those who absorbed on or before 16/6/1967. The relevant part of the revised instructions was as under :-