UNION OF INDIA Vs. A N VISWAMBARAN

JUDGEMENT

(1.) The respondents before the Central Administrative Tribunal are the petitioners herein. As per the order impugned, the Tribunal directed the petitioners to grant retirement benefits to employees who retired on 31-12-1995, as though they have retired only on 1 -1-1996. Ext.P3 is the order passed by the Tribunal.

(2.) The applicants retired from the service of the Railways on 31-12-1995. They were paid DCRG reckoning their basic pay plus 97% of the basic pay treated as Dearness Pay as applicable as on 31-12-1995. Their grievance is that they were not given the pensionary benefits including DCRG as applicable to pensioners as on 1-1-1996 treating 148% of the basic pay as Dearness Allowance on the basis of the Railway Board s letter dated 5-11-1999. The Tribunal followed the Division Bench judgment of this Court in Union of India v. K.J. George,2003 2 KLJ 978 to hold that they are entitled to get pensionary benefits at the rate admissible as on 1-1-1996 in terms of the relevant orders.

(3.) Some more facts are necessary to appreciate the contentions of the parties. Annexure-I in the O.A. is an order dated 5-11-1997 of the Railway Board passed in purported implementation of the Government decision on the recommendation of the Central Pay Commission. As per the order, the provisions regulating pension/commutation of pension have been revised. Para 3 provides for the date of effect and Clause 3.1 is important. The same is extracted below: