UNION OF INDIA Vs. SHAKUNTALA DEVI AND OTHERS

JUDGEMENT

(1.) The instant petition under Articles 226/227 of the Constitution of India is directed against judgment dated 29.11.2006 passed by the Central Administrative Tribunal, Chandigarh Bench (hereinafter described as 'the Tribunal'). The petitioner has prayed for quashing of the same on the ground that late Shri Ram Parshad (referred to hereinafter as 'the employee'), who was compulsorily retired from service on account of his absence from duty, was not entitled to any pension as he did not complete the requisite period of qualifying service of ten years.

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

(3.) The petitioner, who had contested the application, had set up a defence that the employee had not completed ten years of requisite service and that his total absence from duty came to four years eleven months and seventeen days which period was computed in accordance with the chart which has been attached with this petition as Annexure P3. The total period which was reckoned as service has also been detailed in Annexure P3 and according to which, he had completed eight years eleven months and seventeen days of service and this included the benefit of absence period which was regularised as extraordinary leave.