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2023 Supreme(Raj) 80

PANKAJ BHANDARI, ANIL KUMAR UPMAN
Union Of India, Through Its Secretary, Department Of Pension And Pensioners Welfare Ministry Of Personnel, Pg And Pension, 3Rd Floor, Lok Nayak Bhawan, New Delhi – Appellant
Versus
R. N. Mishra S/o Late Shri G. n. Mishra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashish Kumar with Mr. Shubankit Bhatnagar
For the Respondent: Mr. Amit Mathur

JUDGMENT :

1. Challenge in this writ petition is laid to the judgment dated 02.09.2022 passed by Central Administrative Tribunal, (for brevity "Tribunal") whereby Original Application ('OA') filed by the respondent-applicant has been allowed and the petitioners were directed to treat the qualifying service rendered by the respondent-applicant from 18.11.2002 to 31.05.2015 for the purpose of pension. It was also directed that the respondent shall be allowed pension and other pension related benefits including commutation of pension, gratuity, leave encashment etc. The entire exercise was directed to be carried out by the petitioners within a period of eight weeks from the date of receipt of certified copy of the order.

2. Factual matrix of the case is that the respondent-applicant was initially appointed in UPTRON India Ltd. (A UP Govt. Undertaking) and was posted as Executive Officer (Personal & Administration), Lucknow. He performed his duties there from 15.09.1983 to 17.11.2002 and during the said period, Contributory Provident Fund ('CPF') was deducted from his salary. He was relieved to join as Private Secretary in Income Tax Appellate Tribunal (for short 'ITAT'), Jaipur on deput

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