UNION OF INDIA Vs. R D RAJYAGURU

JUDGEMENT

(1.) Rule. Mr. P. H. Pathak appears and waives service of Rule on behalf of the respondent. In the facts and circumstances of the case the matter is taken up for final hearing today.

(2.) This petition is filed against the judgment and order passed by the Central Administrative Tribunal. Ahmedabad Bench on 27/03/1997 in O. A. No. 893 of 1995. In the operative part of the judgment, the Tribunal issued following directions :

(3.) The respondent is original applicant before the Central Administrative Tribunal ("C.A.T." in short). He filed the above application for an appropriate order directing the respondents to give him benefits of pension by declaring his past service as continuous and to extend all the benefits on that basis, It is the case of the Union of India that after holding departmental inquiry, the workman was removed from service. It is asserted that the said action of removal was confirmed in appeal. From December 1968, the respondent was not in active service of the Union of India. Only in July 1977, i.e., after above 10 years, he was appointed afresh. It is the case of the respondent that thereafter he continued in service till he reached the age of superannuation. He retired in the year 1992. It was his case that his past service ought to have been taken into account for pensionary and retiral benefits and he could not have been treated as appointed afresh in July 1977. He, therefore approached C.A.T. as stated hereinabove, C.A.T. allowed that application by granting the benefits.