Back
RAVI NATH TILHARI, K. MANMADHA RAO
Union of Indiad – Appellant
Versus
P. V. Subba Rao – Respondent
JUDGMENT
RAVI NATH TILHARI, J. - Heard Sri.T. Ashok Srivastava Reddy, learned Counsel representing Sri. N. Harinath, learned Deputy Solicitor General of India, for the Petitioners and Sri. Mahanthi Regulagadda, learned Counsel representing Sri. A. Tata Rao, learned Counsel for the Respondent No. 1.
2. This Writ Petition under Article 226 of the Constitution of India has been filed by the Union of India and its authorities, challenging the Order, dtd. 29/7/2009, passed by the Central Administrative Tribunal, Hyderabad, ('CAT) in Original Application No. 146 of 2004 ('O.A.') filed by the Respondent No. 1, which was allowed to the extent indicated in the judgment of which reference would be made shortly.
3. The 1st Respondent herein is the Applicant and the Petitioner Nos.1 to 4 are the Respondent Nos. 4, 3, 2 and 1 respectively in O.A. The present 2nd Respondent is the CAT. The parties shall be referred as in the O.A.
4. The Applicant (1st Respondent herein) was initially recruited as Store Keeper Technical Class-III Rank Sapper in Madras Engineer Group and Center, Bangalore, on 7/7/1969 and was discharged from the military service on 1/4/1979 on compassionate ground. The Military pen
The main legal point established in the judgment is that an individual's status as an Ex-Serviceman under the relevant rules determines their eligibility for counting past military service towards pa....
The main legal point established in the judgment is that re-employment must be substantive, not contractual, to entitle an ex-serviceman to pensionary benefits under the Central Civil Services (Pensi....
Amendment to Rule 5(1) restricting ex-servicemen's military service count for pay fixation to post-qualification period applies prospectively; full service benefit under unamended rule available to t....
Re-employed ex-serviceman discharged on compassionate grounds without military retiral benefits ineligible to count service as qualifying for civil pension under Rule 19 CCS (Pension) Rules, requirin....
Point of law : Right of Ex-serviceman to avail the benefit of counting approved military service towards fixation of pay in terms of sub-rule (1) of rule 5 of 1972 rules cannot be denied/defeated eve....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
