ASOKAN T.V. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is an employee of the KSEB seeks interference to the order of the Central Administrative Tribunal (CAT) which, restricted his claim for pension to three years prior to the filing of the O.A. The learned counsel appearing for the petitioner also relies on Ext.P4 judgment, purportedly a similar case in which the pension was directed to be paid from the date of deemed retirement itself, on the basis of identical rules. But, however, from a different Department - from the Railways.

(2.) On facts of the case, it has to be noticed that the petitioner joined the Department of Light Houses and Light Ships (hereinafter 'the Department') on 29.12.1995 and continued there till 17.6.2008; for more than ten years which enables him to be considered for minimum pension. The petitioner had resigned from the service only on his obtaining a job in the KSEB for which he had obtained No Objection Certificate from the Department as per Annexure A1. The petitioner joined KSEB on 18.6.2008. He had applied for reckoning the prior service with the Department for the purpose of determining pensionable service in the KSEB. He is said to have agitated the cause for very many years by making repeated representations to the Department and the KSEB, which eventually the petitioner gave up.

(3.) The petitioner then sought for deeming the service of the petitioner in the Department as possible of being considered for minimum pension especially, since he had served for more than ten years. A representation was made and O.A. was filed before the Tribunal, which has ended in the order impugned in the above writ petition. The Tribunal confined the pension to three years prior to the date of filing of the O.A.