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V. KAMESWAR RAO
Ajit Kumar Pande, Ex-Member (Judicial) RCT – Appellant
Versus
Union Of India, Through: Chairman Railway Board – Respondent
JUDGMENT :
V. KAMESWAR RAO, J.
1. The present petition has been filed by the petitioner with the following prayers:-
(a) issue writ of mandamus/certiorari or any other appropriate writ or Direction in the like nature to the Respondent Direct the Respondents to grant the benefit of the judgments passed by the Hon’ble Delhi High Court in a judgment LPA 286/2019 titled as Union of India Vs. Shankar Raju & Government of NCT Delhi Vs. All India Young Lawyers Association (Registered)” (2009) 14 SCC 49” and take into account 10 years of practice for the purposes of calculating the pension in addition to qualifying service of the applicant as Member Judicial of the Railway Claims Tribunal for pension; and
b) issue writ of mandamus/certiorari or any other appropriate writ or Direction in the like nature to the Respondent And further to direct the respondents to grant the pension so calculated after taking into account the practice period from the date the petitio
Employment and Service matter – Pension - While considering Tribunal Rules of 2020, which were notified held Chairpersons, Vice-Chairpersons and Members of Tribunals appointed prior, shall be governe....
Pension benefits for Members (Judicial) of the Railway Claims Tribunal are governed strictly by applicable statutory rules, and prior legal practice cannot be included as qualifying service.
The main legal point established in the judgment is the entitlement of a former Judge of the High Court to blend her service periods and have her pensionary payments computed based on her last drawn ....
Minimum qualifying service of ten years is necessary for pension eligibility, and previous judgments establishing non-eligibility cannot be relitigated, even with changes in rules.
Past service in different capacities cannot be combined for gratuity claims under the High Court Judges Act, as continuity of service is not established by gaps between different roles.
Pension payable to an employee on retirement shall be determined on the rules existing at the time of retirement – However, law does not allow employer to apply rules differently in relation to perso....
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