LAWS(ALL)-2018-10-133

UNION OF INDIA Vs. GANGADEEN

Decided On October 23, 2018
UNION OF INDIA Appellant
V/S
Gangadeen Respondents

JUDGEMENT

(1.) This writ petition has been filed for quashing the impugned order dated 13.9.2017 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, in Original Application No. 500 of 2016, Gangadeen Vs. Union of India, through Secretary, Ministry of Communication, Department of Posts, and others, whereby the present petitioners have been directed to ensure payment of pension and other post retiral benefits along with interest @ 7% per annum from the date it becomes due till the date of actual payment as expeditiously as possible within a period of three months from the date of receipt of a copy of the order to the respondent (applicant in the original application).

(2.) The brief facts of the case are that the respondent- applicant was initially appointed on 7.1.1982 as Part Time Contingent paid Chowkidar and he was extended temporary status w.e.f. 29.11.1989. Thereafter he was accorded the benefits of Group 'D' employees. The respondent- applicant has retired on 31.3.2016 after completing 30 years of service but he has been denied the pensionary benefits, although he was entitled for all retiral benefits as admissible to other regular group 'D' employee. He made a representation dated 17.3.2016 to the present petitioners requesting them to grant him the monthly pension and other post retiral benefits but no action was taken by the present petitioners in this regard. Consequently the respondent- applicant agitated the matter before the concerned Central Administrative Tribunal by filing an Original Application No. 500 of 2016, Gangadeen Vs. Union of India and others, and the learned Tribunal vide impugned judgment and order dated 13.9.2017 allowed the application with the direction to the petitioners as aforesaid.

(3.) Being aggrieved by the aforesaid judgment and order dated 13.9.2017 passed by the learned Tribunal the present writ petition has been filed.