P.M. JOSEPH Vs. THE UNION OF INDIA (UOI), REP. BY SECRETARY (E) RAILWAY BOARD, (MINISTRY OF RAILWAYS) RAIL BHAVAN, NEW DELHI,

JUDGEMENT

(1.) PETITIONER is a pensioner, who had the benefit of commuting 100% of his pension at the time he was absorbed in a public service undertaking with effect from 1.3.1988. The order issued by the Government of India, Ministry of Railways, the writ petitioner having been an employee of the Railways at the time while sanctioning the permanent absorption in IRCON, contain the following condition regarding retirement benefits:

(2.) IN addition to that condition, it was also stipulated in paragraph 2(i) of that order as under:

(3.) THE Supreme Court, in the case of Des Raj Bhatnagar Vs , considered the claim of a Government servant who had received 100% computation of his pension at the time of his absorption into a public service undertaking, which absorption stipulated that he would not be entitled to the benefit of revision in pension in future. The Apex Court held that persons like the petitioner therein belonged to a different class from that of other Government servants who were allowed to commute one -third of their pension, and denied any right to commute the remaining two -thirds. It was also held by the Court,