JIVAN SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this Original Application Under Section 19 of A.T. Act, 1985 applicant has challenged the order dated 10.1.1996 (Annexure-1) by which an earlier decision communicated to the applicant vide order No. 324 dated 28.2.1994 has been reviewed and the applicant has been held not entitled for pensionary benefits.

(2.) The facts in short, giving rise to this application are that Jivan Shukla was appointed as L.D.C. on 21.10.1955 in the office of Controller of Defence Account (in short C.D. A.) (Pension), Allahabad. He was promoted subsequently as an Auditor. On 10.9.1974, applicant gave an application requesting the respondents for accepting his voluntary retirement w.e.f. 1.11.1975. In this letter applicant also prayed for grant of pension and gratuity for 20 years of service. The request of the applicant for voluntary retirement was accepted by order dated 15.11.1979 (Annexure-5) w.e.f. 1.11.1975. This order also said that applicant shall not be entitled to any pensionary benefits for the period of service rendered in D.A.D. At this place it may be mentioned that as applicant had joined service on 21.10.1955, he had completed 20 years service on 1.11.1975 the date from which this resignation/voluntary retirement was accepted. Applicant continued to represent with the respondents to treat it as voluntary retirement and for grant of pension. By order dated 12/ 19.11.1993 the request of the applicant was accepted. The order communicated to the applicant was to the following effect:

(3.) AGGRIEVED by the aforesaid order applicant has approached this Tribunal and has prayed to quash the order with a direction to respondents to pay the entire retirement benefits alongwith 24% interest and also the cost of the litigation.