UNION OF INDIA Vs. K SIMHADRI RAO

JUDGEMENT

(1.) The Union of India represented by the Ministry of Personnel, Public Grievances and Pensions laid the present writ petition impugning the order dated 05.02.2010, of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short 'the Tribunal') in O.A. No. 242 of 2009, wherein the Tribunal held that the applicant in the O.A. was entitled to receive dearness relief, interim relief and the like on full basic pension from 01.01.1988 since he retired from the service of HCL on 31.12.1987 on attaining superannuation and that the entitlement to receive the relief is even during the period of commutation period of 15 years.

(2.) The facts of the case, in brief, are:

(3.) Sri Ponnam Ashok Goud, learned Assistant Solicitor General, representing the writ Petitioners, contended that the pensioner is not entitled to pension or dearness allowance and other allowances on the pension during the period of commutation of 100% pension by him. He placed reliance upon the judgment of the Supreme Court in State of Tamilnadu v. V.S. Balakrishnan, 1994 Supp3 SCC 204 and contended that the Supreme Court observed that those who commuted 100% pension would not be entitled to the benefit of dearness relief on full pension or other benefits.