PRESIDENT, INCOME Vs. K. PUSHPARAJAN AND OTHERS

JUDGEMENT

(1.) The petitioners, who are the respondents 1 to 4 and 6 in the O.A., are challenging the correctness and sustainability of Ext.P2 interim order passed by the Central Administrative Tribunal in the O.A. and Ext.P4 order passed in M.A. No. 180/00369/2017 seeking to vacate the said order.

(2.) The respondent was an employee of the Uptorn India Limited, a Corporation fully owned by Government of Uttar Pradesh, where it was a non-pensionable service. The respondent, who entered in service on 27.10.1978, later obtained deputation to the Central Government service on 24.02.2003 and he joined as the Personal Secretary to the Income Tax Appellate Tribunal at Goa. On satisfactory completion of probation, the respondent was absorbed in regular service with effect from 18.11.2005 and he retired from the service on 31.12.2015. The claim put forth by the respondent for granting the pensionary benefits was not entertained, pointing out that he was not entitled to get pension as per the CCS (Pension) Rules, 1972 which came to be in applicable with effect from 01.01.2004 in view of the new pension scheme in fact, the respondent/applicant was regularized only with effect from 31.05.2015. The applicant approached the Tribunal by filing O.A. with the following prayers:

(3.) When the matter came up for consideration before the Tribunal, particularly with regard to the interim relief sought for, Ext.P2 order was passed by the Tribunal on 06.03.2017, which reads as follows: