UNION OF INDIA Vs. PRABHASHANKER JIVASHANKAR THAKER

JUDGEMENT

(1.) THE petitioners have challenged order dated 26.02.2004 passed by the Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad (for short, 'the Tribunal') in Original Application No.79 of 2006 whereby the petitioners were directed to pay to the respondent the benefits of the higher commutation of pension, granted retrospectively with effect from 1.1.1996 in respect of deceased ­ superannuated employee, Shri Prabhashankar Jivashankar Thaker, who retired from service on 30.04.1996, but left for heavenly abode on 8.11.1996.

(2.) THE facts of the present petition are not many and move in a narrow compass. The respondent is the legal heir and representative of late Shri Prabhashankar Jivashankar Thaker, who retired from service on 30.4.1996, but, unfortunately, left for heavenly abode on 8.11.1996. He was a bachelor and died intestate. The respondent obtained the succession certificate from the competent court to claim the retiral dues of late Shri Prabhashankar Jivashankar Thaker. Late Shri Prabhashankar Jivashankar Thaker was entitled to commutation of pension at the rate of 40% in view of Railway Servant (Revised Pay) Rules, 1997 (for short, 'the Revised Pay Rules'), notified on 8.10.1997. These Revised Pay Rules are given retrospective effect from 01.01.1996. The respondent approached the petitioner for extending the benefit of the Revised Pay Rules and grant of commutation of pension at the rate of 40%. This request was not acceded to and therefore the respondent was constrained to move the Tribunal by filing Original Application No.79 of 2006. Vide order dated 26.02.2007, the Tribunal accepted the Original Application of the respondent and directed the petitioners to pay the respondent, within three months of the receipt of the order, the amount of commutation of pension, as per the revised rules. The petitioners are not happy with the order of the Tribunal and therefore they have preferred the present writ petition under Article 227 of the Constitution of India to challenge order dated 26.02.2007 passed by the Tribunal in Original Application No.79 of 2006.

(3.) THE learned advocate for the petitioners has strenuously urged that the Tribunal has committed a grave mistake in accepting the Original Application inasmuch as the railway employee, namely, Shri Prabhashankar Jivashankar Thaker superannuated from service on 30.04.1996 and died on 08.11.1996 before the Revised Pay Rules came into force and therefore he did not give option for being governed by the Revised Pay Rules and hence, in his submission, the benefit of Revised Pay Rules for the purpose of commutation of pension to the extent of 40% could not have been extended to the respondent being legal heir and representative of the deceased employee. In his submission, the impugned judgment of the Tribunal is contrary to the Rules and therefore the present petition may be allowed and the impugned order may be quashed and set aside.