VISHVENDRA NATH GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 and 227 of the Constitution of India the petitioner is challenging the validity of the impugned order dated 26.8.2008 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (hereinafter referred to as "the Tribunal") in O.A. No.439/2006 whereby the original application of the petitioner has been dismissed.

(2.) Sans unnecessary detail the facts lie in a narrow compass. On 30.9.1994 the petitioner, who was serving on the post of Deputy Director General of Mines Safety, Central Zone, Dhanbad was appointed to the post of Chief Inspector of Mines (in short "CIM") for all the territories w.e.f. 1st October, 1994 to 30th October, 1994. Indeed, 31st October, 1994 was the last date of service of the petitioner and he stood retired on this date only. Earlier an Original Application No.93/1995 was filed by the petitioner before the learned Tribunal praying that the pensionary benefit should be provided to him holding that he stood retired from the post of CIM but vide order dated 21.12.2000 this prayer was not granted by learned Tribunal, but, the original application was partly allowed for other reliefs by granting difference of emoluments etc. For ready reference we think it apt to quote para 6 and 7 of the order of learned Tribunal which read, thus:-

(3.) Indeed, against that part of the order by which his claim to provide pension holding that he stood retired from the post of CIM was not accepted by the Tribunal, the petitioner filed writ petition before this Court which was registered as W.P. No.199/2001. This petition was dismissed by the Division Bench on 30.10.2003 (Annexure P-6). Thereafter, a review application (MCC No.3647/2003) was filed by the petitioner and the order passed in the writ petition was clarified holding that the Rules 33 and 50 of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as "the Rules of 1972") shall be applied in full force and further it was made clear that if the petitioner is still having any grievance he can approach the appropriate legal forum. Thereafter, the petitioner filed fresh original application which was registered as O.A. No.439/2006, which has been dismissed by learned Tribunal by passing the impugned order on 26.6.2008 (Annexure P-1).