UNION OF INDIA Vs. S.D. PRADHAN

JUDGEMENT

(1.) THE Union of India (UOI) has preferred the present writ petition under Article 226 of the Constitution of India to assail the order dated 21.10.2013 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT/ Tribunal) in O.A. No.2250/2012, preferred by the respondent, whereby the Tribunal has allowed the respondent/ applicant's claim for revision of his pension in terms of office memorandum dated 10.12.2009, and consequently, the Tribunal has quashed the order dated 08.05.2012 issued by the Government of India, whereby the respondent's claim for upward revision of pension was rejected. The Tribunal has held that the respondent was entitled to draw pension at 50% of the last pay drawn with effect from 29.02.2008, and consequently, the petitioners have been directed to pay the arrears to the respondent with interest at the rate admissible to the GPF from the due date.

(2.) IN brief, the facts are that the respondent joined Punjabi University, Patiala (hereinafter referred to as 'University') as Lecturer on 12.08.1970 and was subsequently promoted as Reader. On 24.03.1984, the respondent was appointed as Joint Editor in the Ministry of Defence (hereinafter referred to as 'MoD') on deputation basis in the pay scale of Rs.3700 -5700 for a period of two years. The said deputation was extended from time to time.

(3.) IT is not in dispute that initially the respondent was covered by the Contributory Provident Fund (CPF) Scheme of the University. However, later on, a pension scheme was made applicable on 01.01.1996 by the University with retrospective effect. It is not in dispute that, consequently, the respondent also got covered by the said pension scheme. He was granted pension at Rs.1,639/ - per month, which was subsequently revised to Rs.4,400/ - per month.