UNION OF INDIA Vs. RAJARAM PANNALAL SHARMA

JUDGEMENT

(1.) Judgment of Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (CAT), in Original Application No. 809 of 1996. Whether reporters of Local Papers may be allowed to see the Judgment? Yes Miscellaneous Application No.776 of 1997 dated 20.9.1999 and order in Original Application No.386 of 2003 dated 17.8.2004, are challenged through these Special Civil Applications by Union of India.

(2.) Shortly stated, respondent was working as Carpenter with the petitioners. He was retired from service on 1.6.1979 on the ground of medical unfitness. He had joined the Railway service from 1.4.1957. He was working as Carpenter at Jawra in 1979. In the medical test, he failed in vision test in 1978, therefore, medically decategorized and retired from service. He sought pensionary benefits alleging interalia that he had exercised option for pensionary benefits which have not been given to him after retirement despite representations to concerned authorities. Accordingly, he moved O.A. No.809 of 1996 with CAT.

(3.) Petitioners maintained that respondent was retired because he failed to maintain medical fitness as per Rules, he had opted for S.R.P.F. Scheme, therefore, he had not opted for pension scheme since option for pensionary benefits had not been received from him. Otherwise, matter was hopelessly barred by time. Therefore, for both the reasons, O.A. was liable to be dismissed.