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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ajit Kumar Pande – Appellant
Versus
Union of India – Respondent
JUDGMENT
Satish Chandra Sharma, C.J.
1. The present Letters Patent Appeal (LPA) has been filed under Clause 10 of the Letters Patent Act and is arising out of the judgment & order dated 04.10.2021 passed by the learned Single Judge in W.P.(C.) No. 1201/2021 titled Ajit Kumar Pande, Ex-Member (Judicial) RCT Vs. Union of India, Through Chairman Railway Board.
2. The facts of the case reveal that the appellant before this Court has filed a writ petition for issuance of a writ, order, or direction directing the respondent/Union of India (UOI) to take into account 10 years of practice as a Lawyer for the purpose of calculating the pension in addition to the qualifying service of the appellant as Member (Judicial) of the Railway Claims Tribunal (RCT). The appellant has also prayed for other reliefs in the writ petition. The learned Single Judge has dismissed the writ petition vide impugned judgment dated 04.10.2021.
3. The facts of the case further reveal that the appellant/petitioner was enrolled as an Advocate with the Bar Council of Delhi (BCD) on 24.04.1990 and he also cleared the Advocate-on-Record Examination on 15.10.1998. Pursuant to an advertisement issued by UOI, the appe
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.
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....
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 ....
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....
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.
The right to practice law as an advocate is a statutory privilege contingent upon meeting specific legal qualifications, not an absolute fundamental right.
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
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