UNION OF INDIA Vs. P.A. ROSHA

JUDGEMENT

(1.) The petition impugns the order dated 11.11.2010 of the Central Administrative Tribunal allowing OA No.1508/2010 preferred by the respondent under Section 19 of the Administrative Tribunals Act, 1985 and directing the petitioner to extend the benefit of amended (with effect from 14.09.1983) Rule 8(9) of the All India Services (Death-Cum-Retirement Benefits) Rules, 1958 to the respondent and fix the pension of the respondent from the said date on the basis of 33 years of qualifying service. The respondent was also held eligible for interest at the rate of 6% per annum on the arrears of pension. The petition also impugns the order dated 21.04.2011 of the Tribunal dismissing the review application filed by the petitioner.

(2.) The respondent was an Officer of the 1948 batch of the Indian Police Service (IPS) who retired on 30.06.1981. The OA was filed by him assailing the order dated 05.04.2010 of the Ministry of Home Affairs rejecting his representation claiming benefit of the amendment supra. The respondent, at the time of retirement on superannuation, had completed qualifying service of 32 years 9 months and 16 days. The amendment to the Rule provided for the qualifying service to be calculated in six monthly periods with a fraction of less than three months to be not taken into account and any period between three months and six months to be treated as six monthly period in calculating the total qualifying service. It is not in dispute that if the said amendment were to be applied to the respondent his qualifying service for computation of pension would be counted as 33 years.

(3.) The Tribunal relying on UOI Vs. SPS Vains (Retd.), 2008 9 SCC 125 upheld the claim of the respondent.