UNION OF INDIA (UOI) Vs. SMT. SUSHILA DEVI

JUDGEMENT

(1.) PETITIONER has filed this writ petition against the order dated 20th May, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short hereinafter referred as "Tribunal") in O.A. No. 1775/2003 whereby Tribunal directed the Petitioner to re -fix the pension of the Respondent, reckoning the running allowance, at Rs. 1544/ - per month. Petitioner was also directed to pay arrears of pension and family pension w.e.f. 30th November, 1999 within three months.

(2.) RESPONDENT is widow of late Sh. M.C. Gupta, who retired on 30th November, 1993 from the post of Guard (Goods). Since his pension was incorrectly fixed at Rs. 1374/ - instead of Rs. 1544/ - by the Petitioner, he filed O.A. No. 1775/2003 before the Tribunal. However this OA was dismissed vide order dated 28th July, 2003 on the ground that it was barred by limitation. Sh. M.C. Gupta filed a writ petition bearing WPC No. 9501/2003 challenging the aforesaid order passed by the Tribunal. During the pendency of this writ petition Sh. M.C. Gupta died and the Respondent being his widow was brought on record.

(3.) IN the O.A. it was alleged that pension of Sh. M.C. Gupta should have been fixed by counting last ten months' salary. Earlier he was working as Guard (Goods). At the time of retirement also he was working as Guard. From 12th May, 1985 till 27th May, 1993 he worked as Welfare Assistant (Sports). During this period he was given benefit of 30% of pay. While working as Guard (Goods) Sh. M.C. Gupta was fully benefited of 55% of the pay towards "running allowance". While computing the pension the above benefit should have been given. According to him, his pension ought to have been fixed at Rs. 1544/ -. Details of calculation were specifically mentioned in the O.A. for arriving at the figure of Rs. 1544/ - towards pension.