DHIRENDRA KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was working as Assistant Director (Metallurgy) in the Ministry of Micro, Small and Medium Enterprises "the MSME" hereinafter, on being selected in the RITES Rail India Technical and Economic Service as Deputy Manager (M & C), tendered his technical resignation from the MSME on 3/5/2007 and joined RITES on PPO May 2007. He was later absorbed in RITES with effect from 4/5/2007, the date of his joining.

(2.) On 5/9/2013, the Central Pension Accounting Office "CPAO" hereinafter, and Respondent 2 herein, Ministry of Finance, issued a Pension Payment Order 4, computing the pension payable to the petitioner consequent on the service rendered by him in the MSME. Note 3 at the foot of the PPO read thus:

(3.) Though DR is ordinarily payable on pension, Mr. Mohanty, who appears for the petitioner, does not dispute the position that DR would not be admissible to a pensioner who takes re-employment elsewhere, as per Office Memorandum dtd. 2/7/1999 issued by the Department of Pension & Pensioners' Welfare, in terms of the recommendations of the 5th Central Pay Commission, the relevant clauses of which read thus: