(1.) By this writ petition petitioner challenges the order of the Central Administrative Tribunal, Principal Bench dated 29th November, 2001.
(2.) Facts giving rise to the writ petition are as under The respondent worked in the Department of Rehabilitation. Government of India w.e.f. 28th august, 1951 to 29th May, 1961. The period for which he worked in the Rehabilitation Department comes to 9 years, 9 months and 2 days. Thereafter he joined the Oil & Natural Gas Commission (for short ONGC), a Government of India undertaking, on being selected for the post of Superintendents The appointment was in consonance with the policy of the ONGC to absorb surplus employees of the Government. The respondent retired on 31st March, 1987 from the service of the ONGC. After his retirement from ONGC, the respondent sought pro rata pension from the Government of India in respect of the service which was rendered by him in the Rehabilitation Department of the Government of India before his absorption in ONGC. The request was not acceded to. With the result, the respondent, filed an application being O.A. 1151/2001 before the Central administrative Tribunal. The Tribunal by the order dated 29th November, 2001 accepted the application and directed the petitioner, Union of India to grant pro rata pension to the respondent for rendering 9 years 9 months and 2 days service in the Rehabilitation Department The order was required to be complied with within a period of four months. Aggrieved by the order passed by the Tribunal, the petitioner has filed the instant writ petition.
(3.) We do not find any infirmity or perversity in the order of the Tribunal. The Tribunal Mas entirely right in holding the respondent entitled to receive pro rata pension for the services rendered by the respondent in the Rehabilititation Department. The respondent admittedly had served the rehabilitation department of the Government of India for 9 years, 9 months and 2 days before switching over to ONGC. It appears that the petitioners have not taken into consideration Rule 49(3) of the CCS Pension Rules. The Rule reads as under :-