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2012 Supreme(Bom) 1622

B.P.DHARMADHIKARI, A.P.BHANGALE
Union of India – Appellant
Versus
Venkatram Rajagopalan – Respondent


Advocates appeared:
For the Petitioners:R.S. Sundaram, Advocate.
For the Respondents:M.B. Agasti, Advocate.

Judgment :

(A.P. Bhangale, J.)

1. These petitions were filed by the petitioners being aggrieved by the impugned order dated 15/10/1999 passed by the Full Bench of the Central Administrative Tribunal, Mumbai Bench, Camp at Nagpur (hereinafter referred to as “the CAT”) in Original application nos. 459 of 1997 and 460 of 1997, wherein it is held that a government servant completing the age of Superannuation on 31/03/1995 and relinquishing charge of his Office in the afternoon of that day is deemed to have effectively retired from service with effect from 01/04/1995. Thus, the Tribunal directed the petitioners herein to give benefit of O. M. no 7/1/95-P & PW(F), dated 14/07/1995 of the Government of India , Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioner's Welfare) within a period of three months from the date of receipt of a copy of the order.

2. The facts, briefly stated, are as under:-

The respondents/Government Servants from the Postal Department retired on superannuation with effect from 31/03/1995 afternoon. They applied for getting gratuity benefits on retirement arising from the aforesaid O.M. Their claim was rejected on the ground that

















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