UNION OF INDIA AND ORS. Vs. RAJ KUMAR

JUDGEMENT

(1.) The pension claim of a poor Class-IV employee who served the appellants for more than 22 years was rejected for the alleged non-compliance of Rule 21 of the Central Civil Service [Pension] Rules, 1972. Learned Single Judge has repelled the appellants' objection and while setting aside their order, has directed that the respondent be granted proportionate pension on pro-rata basis taking into consideration the entire length of service rendered by him. It may be mentioned here that despite 22 years 7 months and 4 days' service period of the respondent, his pension claim was turned down on the ground that he did not serve for a minimum 20 years' qualifying service. For this purpose, the appellants excluded the period of extra ordinary leave duly sanctioned on medical grounds.

(2.) It is undeniable that the pension claim of the respondent is regulated under the Central Civil Services [Pension] Rules, 1972 [for short '1972 Rules']. Chapter-Iii of these Rules deals with 'Qualifying Service' and according to Rule 13, "qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity....." Rule 21, which has been heavily relied upon by the appellants reads as follows:-

(3.) Since there is a reference to Rule 49 by learned Single Judge, as also by the appellants, it may be mentioned that the said Rule deals with 'determination of pension' and it says that if a government servant retires before completion of qualifying service often years, the amount of service gratuity shall be calculated at the rate of half month's emoluments for every completed six monthly period of qualifying service. Similarly, sub-clause [b] of Rule 49[2] says in case a Government employee retires before completing the qualifying service of thirty three years, but after completing qualifying service often years, the amount of pension shall be proportionate to the amount of pension admissible under clause [a] and in no case the amount of pension shall be less than the amount specified therein.