UNION OF INDIA Vs. MOHAN KAINTH

JUDGEMENT

(1.) The present petition is directed against the order dated 31st August, 2005, in OA No. 1139/2004 passed by the Central Administrative Tribunal, Principal Bench, New Delhi.

(2.) The Petitioner, being aggrieved by the aforesaid order, has challenged it mainly on two grounds; (i) whether or not Rule 48-B of CCS (Pension) Rules, 1972, which was made operative with effect from 10th September, 1983, is prospective in nature, (ii) whether or not the Tribunal failed to appreciate the judgment of this the Supreme Court in Union of India and Ors. v. Dr. Vijayapurapu Subayamma, JT 2000 (Supp.1) SC 41 and V. Kasturi v. Managing Director, State Bank of India, Bombay and Anr. JT 1998 (7) SC 147.

(3.) The case of the Respondent herein before the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 1139/2004 was for directions, to the Petitioners herein, to refix the pension of the Respondent correctly on the date of his voluntary retirement on 28th February, 1983, and accord him benefit of Rule-48 B(I) of the CCS (Pension) Rules, 1972 (the Rules). And refix his pension as on 1st September, 1983, by increasing the Respondent's qualifying service from 1st September, 1983, for pension, by 5 years as per the said Rule. And, thereafter, grant all consequential benefits in pension, gratuity, leave salary etc. with subsequent revision of pension w.e.f. 1st January, 1986, and 1st January, 1996, as per the recommendations of the 4th Pay Commission and 5th Pay Commission, respectively.