JUDGMENT

MOHAN, J.:- Respondent No. 1 was a confirmed Senior District Judge in the M. P. Judicial Service. He was appointed as a Member of the Central Administration Tribunal (C. A. T. in short) at Jabalpur on 25-6-1986. He assumed office on 30-6-1984. He sought voluntary retirement from service in the State which was a requisite under Rule 5 of the Central Administration Tribunal (Salaries, Allowances and Conditions of Service of Chairman, Vice-Chairman and Members) Rules, 1985 (hereinafter referred to as the Rules).

2. Respondent No. 1 retired as a Member of the Central Administration Tribunal on 17-2-1991. His pension for the Judicial Service in the State, was fixed at Rs. 1967/- and Rs. 292/- as a Member of the Central Administration Tribunal at Jabalpur. After commutation, the pension came to Rupees 1470/- p.m. for M.P. Judicial Service and Rs. 292/- for services in Central Administration Tribunal, total into Rs. 1761/- per month.

3. While respondent 1 was Member in the C.A.T., he sought an option to refund his earlier pensionary benefits of M. P. Judicial Service to Union of India to get a single consolidated pension by clubbing both the services instead of two pensions, one as