UNION OF INDIA Vs. V S SWAMINATHAN

JUDGEMENT

(1.) SINCE the question raised in these writ petitions is one and the same and identical, they are being disposed of by the following common order.

(2.) THE Postal Department, Union of India, aggrieved by the order of the Central Administrative Tribunal, Madras Bench dated 29. 07. 2002 made in O. A. No. 340 of 2002, directing the Department to refix the pension by taking qualifying service as 33 years in the case of V. S. Swamninathan, has filed W. P. No. 10691 of 2003. Aggrieved by the similar order in the case of one t. Ramanujam, the very same Department has filed W. P. No. 10692 of 2003. W. P. No. 30004 of 2003, is filed by the Controller and Auditor General of India, new Delhi and Principal Accountant General, Tamil Nadu against the order of the Central Administrative Tribunal dated 09. 04. 2003 made in O. A. No. 1139 of 2002.

(3.) V. S. Swaminathan, applicant in O. A. No. 340 of 2002, after putting in 31 years of service, applied for voluntary retirement and retired from service on 05. 07. 1983 and he was granted pension as per Rule 48-A of the central Civil Services (Pension) Rules (in short "ccs ( Pension) Rules") as prevalent at that point of time. Consequent to the amendment of Pension Rules at a later stage, when he approached the Department for recalculating his pension and pay arrears etc. , the same was rejected. Hence, he filed o. A. No. 340 of 2002 before the Tribunal. The applicant in O. A. No. 341 of 2002, viz. , T. Ramanujam, after putting in 31 years of service had applied for voluntary retirement and retired from service with effect from 05. 07. 1983. He was also granted pension as per Rule 48-A of the CCS (Pension) Rules. After introduction of Rule 48-B, he had requested for recalculating his pension and pay arrears, and his request was rejected. Hence, he approached the Tribunal.