UNION OF INDIA & ANR Vs. SHANKER RAJU

JUDGEMENT

(1.) The Union of India has in this appeal challenged an order dated 23rd January 2019 passed by the leaned Single Judge allowing the writ petition filed by the Respondent and declaring that he is for the purposes of calculating the "qualifying service" for pension, entitled to add 10 years of his practice at the bar along with his service as Member (Judicial) of the Central Administrative Tribunal ("CAT") as in the case of those Members (Judicial) of CAT appointed after 19th February 2007.

(2.) The facts in brief are that the Petitioner was enrolled as an Advocate with the Bar Council of Delhi on 12th October 1984. He was appointed Member (Judicial) in the CAT, Principal Bench, on 12th October 2000. At the end of the Respondent's initial term of appointment as Member (Judicial) for 5 years, he was granted an extension by another term of 5 years. He demitted office on 10th December 2010.

(3.) The Respondent's appointment as such was governed by the CAT (Salaries and Allowances and Conditions of Service of Members) Rules, 1985 ("1985 Rules"). The formula for pension on completion of 2 years of service was @ Rs.4716/- per annum for each completing year of service. Pension was fixed as per Part III of the First Schedule to the High Court Judges Conditions of Services Act, 1954 ("HCJ Act"). The pension formula was amended on 22nd July 2009 by replacement of per annum amount for pension as Rs.14532/- with effect from 1st January 2006. The pension of the Respondent as per the amended formula of 2009 was fixed at Rs.12,110/- per annum. This was based only on his ten years' service as Member (Judicial) without adding a further 10 years of practice at the bar to the period of "qualifying service" for pension.