DEVENDRA KUMAR AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner retired as Vice Chairman of the Central Administrative Tribunal, Jabalpur (for short "CAT"). Petitioner retired at the age of 58 years on superannuation w.e.f.20.2.1988 as District Judge, Ghaziabed. He was subsequently appointed as Member of the CAT at Allahabad Bench, Allahabad w.e.f.1.3.1988. After attaining the age of 62 years w.e.f.27.2.1992 he was appointed as Vice Chairman of the CAT, Jabalpur w.e.f.15.5.1992. Petitioner retired as Vice Chairman of CAT w.e.f.27.2.1995 after attaining age of 65 years.

(2.) By this writ petition, petitioner has contended that in view of Rule-15 of the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice Chairman and Members) Rules, 1985 (hereinafter referred to as "Rules') petitioner was entitled to pension under para 2 of Part III of First Schedule of High Court Judges (Salaries and Conditions of Service) Act, 1954 on the basis of the Rule 15-A of the said Rules.

(3.) Initially Rules 5 and 8 of the said Rules of 1985 governed entitlement of pension, gratuity and other retirement benefits of the Chairman, Vice Chairman and members of the Tribunal. However, for such incumbents to the post of Chairman and/or Vice Chairman, who were working as Judge of the High Court at the time of their appointment on the aforesaid post of and/or Vice Chairman, Rule 15 of Rules of 1985 provides that service conditions as contained in the Act of 1954 and rules made thereunder would apply to them. Rule 15-A of the said Rules provides that condition of services of Vice Chairman of the CAT shall be the same as those of High Court Judges. Rule 15-A of the said Rules of 1985 reads as follows :-