UNION OF INDIA Vs. HARBANS SINGH RANDHAWA

JUDGEMENT

(1.) BY way of this petition, the petitioners have challenged the order dated 1.12.2010 passed by the Central Administrative Tribunal in O.A.No.13 of 2009 with MA No.13 of 2009, whereby the Tribunal has allowed the Original Application which was preferred by the respondent for setting aside the order dated 26.10.2009 issued by the petitioners cancelling the communication dated 2.9.2003.

(2.) THE case of the petitioners is that the respondent is not entitled for pension in view of Rule 37 and the decision of the Apex Court in Union of India and another vs.V.R.Chadha (1997)11 SCC 242.

(3.) IN view of three things which have weighed with the Tribunal that in three other cases, the decision of the Principal Bench of the Tribunal which is binding to CAT is not challenged, but the same is implemented in the case of the applicant. The applicant was identically situated and in that view of the matter, on the principle of parity, they have granted the same benefit to the applicant. Apart from that, on the date of the decision, the applicant was 80 years of age. Therefore also, the Tribunal has thought it fit to sanction the same to the applicant and set aside the order dated 2.9.2003 and 26.10.2009. IN our view, we accept the principles laid down in the judgment cited by the learned counsel for the petitioner, however, in our view, the same are not applicable to the facts of the present case. No error is committed by the Tribunal. The petition is devoid of any merits. It is accordingly dismissed.