M.S. Karnik, J. - (1.) By this Petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10/12/2001 passed by the Central Administrative Tribunal, Mumbai (for short 'Tribunal") dismissing the petitioner's OA No. 474 of 2000. The case of the petitioner in brief is as under.
(2.) The petitioner joined the All India Radio as a drama artist in 1940 and continued in service till his superannuation on 30/06/1979 when he retired as a drama producer (Marathi). It is the petitioner's case that when he was serving, the staff artists of All India Radio were not treated as government servants and were not entitled to the pension but to contributory provident fund which the petitioner received when he retired. By communication dated 26/11/1991 addressed by the Ministry of Information and Broadcasting, Government of India to the Director General, All India Radio, New Delhi, it was informed that staff artists of All India Radio were entitled to pensionary benefits subject to the terms and conditions set out in the letter. The benefit of pension was extended with retrospective effect for those staff artists who had retired on or after 06/03/1982.
(3.) On 07/03/2000, the petitioner learnt that he could claim pension although he had retired earlier and therefore, made a representation on 07/03/2000 for grant of pensionary benefits in accordance with the communication dated 26/11/1991. On 31/03/2000 the Administrative Officer - respondent No.4 informed the petitioner that the said pension scheme was not applicable to him as he had retired before 06/03/1982. The petitioner therefore, filed OA before the Tribunal. The Tribunal was pleased to dismiss the OA.;