K GANESAN Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE petitioner is aggrieved against the order of the Central Administrative Tribunal dated 28. 12. 2001 passed in O. A. No. 471 of 2001. The petitioner was originally employed as Deputy Controller General of Accounts in the third respondent organisation. He opted to join a public sector undertaking, viz. , the Bharat Heavy Electricals Limited based on the Government of India O. M. No. 28016/5/85-Estt. (c) dated 31. 01. 1986. Accordingly, he submitted his resignation on 12. 05. 1986 to the third respondent and sought for its acceptance with effect from 28. 05. 1986. He also submitted his option on 12. 05. 1986 for receipt of pensionary benefits as per paragraph-4 (i) (b) of the Provisions contained in O. M. No. 28016/5/85-Estt. (c) dated 31. 01. 1986, which provided for a particular manner of commutation of pension and of 1/3rd and 2/3rd apart from pro-rata gratuity as prescribed under Rule 37-A of the CCS Pension Rules. The resignation of the petitioner was accepted and he was relieved from the Government of India Service with effect from 26. 05. 1986 afternoon. He joined the services of BHEL on 03. 06. 1986. By virtue of the option for receipt pensionary benefits exercised by the petitioner, the entire pension of the petitioner was commuted and the same was paid to him in July, 1986.

(2.) BE that as it may, in the Judgment of the Honourable Supreme Court in "common cause" case reported in (AIR 1987 SC 210), wherein the Honourable Supreme Court held that on the expiry of fifteen years from the date of commutation, the entire pension would get revived in respect of the Government servants who have commuted their pension partially. The said judgment was to take effect from 01. 04. 1985. To give effect to the Judgment, the third respondent is stated to have issued O. M. No. 34/2/86-P and PW dated 05. 03. 1987 stating that the Central Government employees who got themselves absorbed in the public sector undertakings and who had received or opted to receive a lump sum amount in lieu of pension were not entitled to the benefit granted by the Honourable Supreme Court in the decision reported in 1997 (1) SCC 142. An association called welfare association of absorbed Central Government Employees in Public Sector undertakings approached the Honourable Supreme Court for the extension of the benefits granted in the "common Cause" case to the absorbed employees also which was rejected by the Honourable Supreme Court. However, the said association approached the Honourable Supreme Court again and in the decision reported in 1996 (2)SCC-187, the Honourable Supreme Court once again considered the validity of O. M dated 05. 03. 1997. While doing so, the Honourable Supreme Court took note of Rule 37 and 37-A of the CCS Pension Rules, 1972, and ultimately held that in so far as the 1/3rd commuted pension was concerned, even the absorbed employees were entitled for the benefits granted in the "common Cause" Judgment and accordingly granted the same. In the ultimate conclusion, the Honourable Supreme Court held as under:

(3.) WHILE granting the said relief, the Honourable Supreme Court also referred decision reported in Welfare Association of Absorbed Central Government Employees in Public Enterprises vs. Union of India reported in (1991 (2) SCC 265), distinguished the same by stating that Rule 37-A was not brought to the notice of the Court. That apart, in a subsequent decision in Welfare Association of A. C. G. E in P. E v. Arvind Verma reported in ( AIR 1998 SC 2862), by way of clarification the Honourable Supreme Court stated as under in paragraph-6.