Chitambaresh, J.

1. The respondent who had served as a Judicial Member of the Central Administrative Tribunal(CAT) during the period from 10.7.1989 to 9.7.1994 claims retiral benefits as applicable to the Judges of the High Court. The benefits were governed by the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairmen and Members) Rules, 1985(Rules). Rule 8 of the Rules quantifies the pension as follows:

“8. Pension.-(1) Every person appointed to the Tribunal as the Chairman, a Vice-Chairman or a Member shall be entitled to pension provided that no such pension shall be payable,

(i) if he has put in less than two years of service; or

(ii) if he has been removed from an office in the Tribunal under sub-section (2) of section 9 of the Act.

(2) Pension under sub-rule (1) shall be calculated at the rate of rupees forty thousand eight hundred and thirty six per annum for each completed year of service:

Provided that the aggregate amount of pension payable under this rule together with amount of any pension including commuted portion of pension if any drawn or entitled to be drawn while holding office in the Tribunal shall not ex