RAJ SINGH RATHEE Vs. CHAIRMAN DVB PENSION

JUDGEMENT

(1.) THE only relief which is claimed before me on behalf of the petitioner is entitlement to claim pension because a period of 19 years, 9 months and 90 days should be taken as a period of 20 years of qualifying service as per Rule 49 of the CCS Pension Rules.

(2.) AN identical issue has been decided by me in the case of Smt. Pawan Vohra Vs. The Chairman, DVB Pension Trust and Anr. in W.P.(C) No.1680/2012 decided on 17.5.2013. In the present case like in the case of Pawan Vohra (supra), petitioner will also be entitled to benefits of Rule 48- B as it existed on the date of retirement of the petitioner, and therefore for this additional reason petitioner will meet the qualifying service period of 20 years for grant of pension. Paras 2 to 5 of the judgment in the case of Pawan Vohra (supra) are relevant and the same read as under:-

(3.) THEREFORE , adopting the ratio in the case of Pawan Vohra (supra) this writ petition is also allowed and it is directed that the petitioner will be deemed to have completed 20 years of qualifying service for the purpose of grant of pension. Petitioner will be accordingly granted that monetary benefits by the respondent No.1. Impugned orders issued by the respondents are set aside. Respondent No.1 will now pay the necessary amounts to the petitioner alongwith interest @ 9% per annum simple for the period of delay in paying the pensionary benefits from 1.9.2008 till the date of payment.