- (1.) Mr Bhattacharya submits that the petitioner, retiring on November 30, 1981 after serving for 26 years 11 months, brought this petition with two grievances: (i) though in terms of the amended provisions of r.49(3) of the Central Civil Services (Pension) Rules, 1972 in calculating the length of qualifying service the respondents were required to treat the period of 11 months as two half years, they treated the period as one half year; and (ii) though in terms of O.M. dated February 10, 1998 of the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Pension and Pensioners Welfare (at p.19) the respondents were under an obligation to revise the petitioner s pension with effect from January 1, 1986, they revised his pension with effect from January 1, 1996.
(2.) There is no dispute that in view of the provisions of reg.108A of the Damodar Valley Corporation Service (Conduct) Regulations, 1955 made under the Damodar Valley Corporation Act, 1948, the Central Civil Services (Pension) Rules, 1972 were applicable to the petitioner s pension case.
(3.) At the date the petitioner retired from service the provisions of sub-r.(3) of the 1972 Rules provided that in calculating the length of qualifying service fraction of a year equal to six months and above should be treated as a completed one half year and reckoned as qualifying service. Accordingly, the Corporation determined length of the petitioner s qualifying service as twenty-six and a half years.;