UNION OF INDIA (UOI) Vs. SH. A. CHOWDHURY

JUDGEMENT

(1.) THE respondent herein who was working in the Ministry of Statistics & Programme Implementation, National Sample Survey Organization, Government of India, retired from his service, on attaining the age of superannuation, on 31st March 1995 (afternoon). Implementing the recommendations of Fifth Central Pay Commission, the Government of India increased benefits of death - cum -retiral gratuity, which was enforced from 1st April, 1995. The issue involves in this writ petition is as to whether the respondent would be entitled to those enhanced benefits, which came into effect on the following day after his retirement. Answer to this depends on the fixation of the date of retirement, namely, whether is to be treated as on 1st April, 1995 or 31st March, 1995. The learned Tribunal has answered this question in favour of the respondent holding him to be entitled to the benefits of revised DCRG. Challenging this judgment, present writ petition is preferred by the Union of India.

(2.) PRIOR to 01.04.1995, gratuity was being paid in terms of OM dated 19.10.1993 as per which only 20% of dearness allowance was to be declared as dearness pay for retirement purpose like gratuity, etc. The respondent was paid the retirement gratuity benefits accordingly.

(3.) THE learned Tribunal has allowed the OA filed by the respondent herein following its Full Bench judgment rendered in OA No. 459/1997 dated 15.10.1999. The said Full Bench had decided the issue in the following manner: