DIRECTOR GENERAL CIVIL AVIATION Vs. IQBAL SINGH VEDI

JUDGEMENT

(1.) Petitioners have filed this Writ Petition (C) under Art. 226 of the Constitution of India for issuance of the writ of Certiorari or any other writ of appropriate nature, order or direction for quashing of the order dated 04.06.2007 passed in OA No. 1640/2006 by the Central Administrative Tribunal, New Delhi (hereinafter referred to as "Tribunal").

(2.) The factual matrix of the Writ Petition are that the respondent no. 1, 2 & 3 were working as Senior Technical Officers under Director General of Civil Aviation, New Delhi (hereinafter referred to as "DGCA"). By an Act No. 64 of 1985 of Parliament, National Airport Authority (hereinafter referred to as "NAA") was constituted and employees of DGCA/Civil Aviation Department were permanently absorbed in National Airport Authority on 010.1989 on the terms and conditions prescribed in the Department of Pension and Pensioner Welfare vide O.M. dated 05.07.1989. At the time of absorption, the Government gave three options to the employees regarding their retirement benefits. Consequent to their absorption in NAA w.e.f. 010.1989, the respondent no. 1, 2 & 3 opted to be governed by the pensionary benefit available under Government of India at the time of their retirement in accordance with the Central Government Rules in force at that time. DGCA issued order No. 1/1/90-PEM C(4) dated 10.09.1990 mentioning therein that those officials who opted to retire under CCS Pension Rules on reaching the age of superannuation, their emoluments for calculation of their pension will be governed by Rule 33 Note 10 of CCS Pension Rules.

(3.) The respondent no. 1, 2 & 3 retired from the service of NAA on 30.11.1990, 31.12.1990 and 30.11.1990 respectively. After their retirement, the respondents started getting their pension as per Central Civil Services (Pension) Rules, 1972.