Tuesday, May 5, 2015

Full Pension to Pre 2006 Pensioners for 20 years or more of service

Central Administrative Tribunal, New Delhi

Petition allowed for Full pension to pre 2006 Pensioners for 20 years or more of service
CAT Delhi has allowed the Petition for grant of Full pension for pre 2006 Pensioners for 20 years or more of service (i.e.less than 33 years of service). Orders were passed by PB CAT on 21-4-2015, in the OA filed by Sh Partap Narayan & others. For detailed judgement, please visit Railway Senior Citizens Welfare Society website : <www.rscws.com>

The operative para of CAT judgement reads as follows:

In view of the judgments of the Honble Supreme Court in D.S. Nakara (supra), V. Kasturi (supra), T.S. Thiruvengadam (supra) and order of the Full Bench of the Tribunal in OA 937/2010 with OA 2101/2010 dated 20.11.2014, we are of the opinion that the prayer in the OAs is fully justified. We, therefore, quash and set aside the impugned orders dated 3.10.2008 and 19.03.2010 being violative of law laid down by the Honble Supreme Court and direct the respondents that the qualifying service for earning full pension will be treated as twenty years also for those who retired from the Central Government service on or before 31.12.2005 and were alive on that day. The respondents are also directed to modify/amend all relevant government orders/letters/ notifications in accordance with the above decision. It is made clear that this parity of pension between pre and post-1.01.2006 pensioners (on the question of
eligibility of minimum pensionable service of twenty years) would apply both as regards
pension and family pension. The respondents are granted three monthstime from the
date of receipt of this order for implementation of directions contained in this order.

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