HOME SECRETARY, CHANDIGARH ADMINISTRATION, CHANDIGARH & ORS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH AND ANOTHER

JUDGEMENT

(1.) The Chandigarh Administration has approached this Court by filing the instant petition challenging the judgment and order dated 17.10.2014 passed by Chandigarh Bench of the Central Administrative Tribunal, holding that respondent No.2 is entitled for payment of pension under the old pension scheme.

(2.) The facts in brief giving rise to the dispute are as under:-

(3.) Subsequently, an advertisement was issued on 201.2003 for the posts of 106 bus drivers for appointment against the sanctioned posts on regular basis. Respondent No.2 was also an applicant in pursuance to the aforesaid advertisement in OBC category. He was selected for being appointed and was so informed vide office order dated 29.04.2004. The appointment was subject to verification of the documents. However, subsequently the offer of appointment was not made to him in view of the decision taken by the Administrative Secretary to the effect that he was not fit for being appointed having become over age and accordingly his selection was cancelled vide order dated 101.2005. This order was again put to challenge by respondent No.2 before the Tribunal by filing OA No. 485/CH/05. Vide judgment and order dated 24.05.2006, the aforesaid OA was allowed and petitioner herein was directed to withdraw the impugned order dated 101.2005 and to issue an order of appointment. In compliance of the aforesaid judgment of the Tribunal, respondent No.2 was issued an appointment letter dated 01.09.2006. One of the stipulations contained in the appointment order was that respondent No.2 will be covered under the Defined Contributory Pension Scheme promulgated by the Punjab Government bearing PAN No.4/16/05-3N4/227 dated 07.02.2006 which was duly adopted by the Chandigarh Administration.