GOVERNMENT OF INDIA Vs. NIRMALA VENKATESWARAN

JUDGEMENT

(1.) THE correctness of the order of the learned single Judge dated 15.11.2006 made in writ petition No.21935 of 2002 has been assailed by the Government of India and the other statutory appellants in this appeal. By the impugned order, the learned single Judge directed the appellants herein to settle the pension to the respondent herein, as provided under the Rules and the by -law 6(vii) of the Institute of Physically Handicapped, with interest at 9% per annum. The learned single Judge further directed the appellant to pay the amount within 30 days from the date of receipt of a copy of that order. The respondent was directed to pay back the appellant the amount of Rs.2,79,472/ - which the respondent/writ petitioner received towards contributory provident fund soon after the respondent/writ petitioner receives the pension amount.

(2.) THE facts of the case proceed as follows : The respondent -writ petitioner was appointed by order dated 18.03.1985 as Assistant Professor in Occupational and Physiotherapy in the scale of pay of Rs.1100 -50 -1600 plus usual allowances as admissible under the Rules in force in the District Rehabilitation Centre Scheme (DRCS) from time to time with effect from 28.02.1985 by the Director of Institute of physically handicapped (DRCS), New Delhi. The terms and conditions of appointment furnished to her which is referred to in the order of appointment provided that in addition to the scale of pay fixed as stated above, the respondent was entitled to dearness allowance/additional dearness allowance/interim relief, house rent allowance, and city compensatory allowance as admissible to the employees of the Central Government.

(3.) CLAUSE 6(vii) of the bye -laws provided that the employees of the Institute shall be eligible for pensionary benefit, GPF and gratuity as per the Central Government Rules. The CPF scheme would continue for the employees, existing on the date coming into force of bye -laws, i.e., 2nd May, 1988 in the IPH, who do not opt for GPF scheme and opt to continue under CPF scheme.