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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Laxmi Narain – Appellant
Versus
Government of National Capital Territory of Delhi – Respondent
JUDGMENT
V. Kameswar Rao, J. - This petition has been filed by the petitioner with the following prayers:-
"(a) Allow this Writ Petition.
(b) Quash and set aside the impugned judgments/ orders dt. 30.04.2015 and 02.09.2015 of the Central Administrative Tribunal (Principal Bench), New- Delhi.
(c) Direct and order the Respondents to treat the Petitioner as a regularly appointed/re-employed ex-serviceman and declare him as having superannuated from their services w.e.f 13.06.2013.
(d) Direct and order the Respondents to grant the Petitioner all eligible retiral benefits for 13 years of completed service in civilian establishment, including pension, gratuity, leave encashment, commutation of pension for the period of reemployment.
(e) Award cost of litigation to the petitioner.
(f) Pass any other or further order as deemed appropriate."
2. It is stated that the present petition has been filed by the petitioner challenging the orders dated April 30, 2015 and September 2, 2015 passed by the Central Administrative Tribunal Principal Bench, New Delhi ("Tribunal") in Original Application No.2547/2013 ("OA") and Review Application No.193/2015 ("RA") respectively.
3. The facts noted from the petition
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....
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....
Point of Law : Disqualification under Rule 31 of the 1969 Pension Rules would not be applicable to the case of the petitioner.
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....
The main legal point established in the judgment is the strict interpretation of the statutory provision under sub-rule (6) of Rule 18 of the OCS (Pension) Rules, 1992, and the court's direction for ....
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