JUDGMENT :

1. Heard learned counsel for the parties.

2. Union of India is aggrieved by the order dated 30.05.2014 passed in O.A. No. 213 of 2012 (R) with M.A. 051/00028 of 2014 by the learned Central Administrative Tribunal, Patna Bench (Circuit Bench at Ranchi), whereunder it was directed to treat the applicant as having completed minimum qualifying service of 10 years and allow him pension on that basis within stipulated period. W.P.(S) No. 5549 of 2014 arises therefrom. Petitioner, Union of India has also challenged the order dated 3rd August, 2015 passed in O.A. 61 of 2013(R) by the learned CAT, whereby it has set aside the order dated 27th February, 2007 passed by the respondent, Department of Postal Services and directed the Chief Post Master General, Jharkhand Circle, Ranchi to consider the case of the applicant in the light of the observations made at para 4 and 5 of the order and pass necessary order granting pension to the applicant along with arrears from the due date, within stipulated period of four months. The Review Application No. 051/00006 of 2015 preferred by the Union of India was rejected by order dated 11.2.2016. Since, common issues arise in both the writ petitions, they have been tagged earlier to be heard together.

3. The case of the applicants in the respective O.As are briefly dealt with hereinafter. Applicant in O.A. No. 213 of 2012 ( R) /respondent in WPS No. 5549 of 2014, joined as Extra Departmental Agent on 16.11.1972. His date of birth is 6th September 1948. Applicant had approached the learned CAT in O.A. 27 of 2011 with a prayer for grant of pension on retirement from the post of mail Peon (Group-D post), to which he was promoted from Extra Departmental Agent. The Original Application was heard on the common prayer of two other applicants and after taking note of the decisions of the High Court of Jharkhand and Patna disposed of by the order dated 23rd March, 2012 with a direction to the respondent-department to examine the case of the applicants. The applicant's case was thereafter rejected by order dated 3rd August, 2012 (Annexure-5) passed by the Superintendent of Post Office, Giridih Division under challenge before the learned CAT. The present writ petition arises therefrom. The other relevant material facts germane to the issue, inter alia, are as follows:

Applicant came in the zone of consideration on completion of 50 years in the year 1998 as per the cut off date i.e. 1st July of that year. The vacancies were, however, notified on 11.11.1998. Departmental Promotion Committee considered the case of the applicant on 03.12.1998. On recommendation of the Departmental Promotion Committee, he was appointed on the sanctioned post of Mail Peon in Group-D on 11.12.1998. Applicant was sent for training thereafter. On completion of his training, he joined on the post on 03.02.1999. He retired from service on 30.09.2008. His claim for pension was rejected by the department, as he had not completed 10 years of service in terms of Rule 49 of the CCS (Pension) Rules, 1972. The total period of his service (reckoned from his date of joining) on the post of Mail Peon, Group-D was 9 years, 7 months and 28 days. The department contested the case before the learned CAT by filing written statement (Annexure-6). Learned CAT, however, acceded to the prayer of the applicant and passed the direction, impugned herein. Learned CAT took into account the judgment passed by the Patna High Court in CWJC No. 3893 of 2009 (Rajdeo Thakur Vs. Union of India & Ors) dated 10.08.2009 and that of this Court in WPS No. 5331 of 2009 (Meghan Yadav Vs. Union of India and others). It observed that the High Court had noticed that the departmental promotion committee meeting was conducted after some delay. The case of the applicant for promotion to Group-D post should have been considered on or before 10.07.1994, whereas, it was considered much later and the promotion order was issued after about 8 months from the due date. Such delay,