ROOP CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition preferred by the petitioner to seek pro-rata pension under Rule 49(2) of the CCS (Pension) Rules, 1972 was initially dismissed by this Court on 05.12.2018 on the premise that the petitioner did not have 10 years of qualifying service. In this regard, the facts taken into account were that the service record of the petitioner was not available; the respondents had computed the period of petitioner's qualifying service as 9 years 8 months and 7 days and; even the petitioner had himself enclosed as Annexure P-12 - a set of documents including the calculation of the qualifying service by the Pay & Accounts Office (CISF), MHA, New Delhi, which too showed the qualifying service of the petitioner as 9 years 8 months and 7 days. Subsequently, the petitioner moved the review petition No. 45/2019. That Review Petition was allowed on 24.05.2019 and the matter was directed to be re-heard.

(2.) We have, accordingly, heard learned counsel for the parties. It appears that the petitioner was subjected to penalty of compulsory retirement and, accordingly, he was compulsory retired w.e.f. 26.08.1997.

(3.) At that stage, he was not granted any retiral benefits and he did not raise any issue in that regard. It appears that after eighteen years, vide application dated 10.10.2015, the petitioner sought to take up the issue of his pension. The respondents then issued a communication dated 22.03.2016 informing the petitioner about his compulsory retirement w.e.f. 26.08.1997. It was also informed to the petitioner that his total gross qualifying service was 11 years 01 month and 13 days, out of which, a period of 01 year 04 months was non qualifying period. Then the net qualifying service was stated to be 09 years 09 months and 13 days. The letter stated that pension is not due to him, since he did not have 20 years of qualifying service. The respondents revised this communication vide letter dated 20-21/04/2016, wherein the total gross qualifying service was stated to be 11 years 01 month and 13 days, and the non qualifying period was stated to be 01 year 05 months. Then the net qualifying service of the petitioner was stated to be 09 years 08 months and 13 days. The respondents also corrected the minimum service required for grant of pension from 20 years to 10 years.