Hon’ble Sudhir Agarwal, J.—Heard Sri Asit Kumar Chaturvedi, Senior Advocate, assisted by Sri Pratul Kumar Srivastava, learned counsel for petitioners and Sri R.C. Saxena, learned counsel for respondent(s).

2. In these matters though individual facts are different but issues and questions of law involved are same, therefore, both have been heard together and are being decided by this common judgment.

3. Writ Petition No. 1682 (S/B) of 2013 (hereinafter referred to as “First Petition”) has been filed by Bharat Sanchar Nigam Limited and its authorities (hereinafter referred to “BSNL”) being aggrieved by judgment and order dated 24.10.2013 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as “Tribunal”) in Original Application (hereinafter referred to “O.A.”) No. 504 of 2012.

4. Tribunal has allowed aforesaid O.A. and quashed order dated 29.2.2012 and also directed petitioners to release admissible pension and other retiral dues to applicant-respondent-1, Rameshwar Dayal, within a period of one month from the date of receipt of copy of order. Rest of the reliefs sought in O.A., by applicant-respondent-1, have been rejected.

5. Writ Petition No. 2214 (S/B) of 2016 (hereinafter referred to as “Second Petition”) has been filed by BSNL and its authorities, assailing judgment and order dated 21.8.2015 passed by Tribunal in O.A. No. 545 of 2013. Tribunal has directed petitioners to release regular pension, commuted amount of pension and gratuity to applicant-respondent-1, Siya Ram Agrahari, without interest within two months from the date of receipt of copy of order. It has left open to petitioners to take action against applicant-respondent-1 subject to provisions of Rule 8 of Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as “Rules, 1972”).

6. Before proceeding further, it will be appropriate to have a bird eye view of relevant facts involved in both cases.

Brief facts in First Petition :

7. Applicant-respondent-1, Rameshwar Dayal, was appointed as Junior Engineer (Electrical), (re-designated as Junior Telecom Officer (Electrical), (hereinafter referred to as “JTO(E)”) in the pay-scale of Rs. 425-700 (revised to 1400-2300 w.e.f. 22.3.1986). He was promoted as Sub Divisional Engineer (Electrical) (hereinafter referred to as “SDE(E)”) in the pay-scale of Rs. 650-1200; revised to Rs. 2000-3500 and further to Rs. 6500-10500 w.e.f. 1.1.1997. He was granted financial up-gradation under Assured Career Progression Scheme (hereinafter referred to as “ACPS”) in the scale of Rs. 10000-15200 w.e.f. 3.10.2000. He was further promoted as Executive Engineer (Electrical) (hereinafter referred to as “EE(E)”) in the pay-scale of Rs. 10000-15200 w.e.f. 23.10.2001.

8. After creation of BSNL, on bifurcation of Department of Telecommunication, in the shape of BSNL, applicant-respondent-1 also stood transferred and ultimately absorbed vide order dated 19.2.2004 w.e.f. 1.10.2000 on the terms and conditions mentioned therein. Terms and conditions with regard to pension and other retiral benefits as well as leave, mentioned in absorption order, read as under :

“Pension/Gratuity : Shri Rameshwar Dayal (SC) shall be eligible for pensionary benefits including gratuity as per the provisions of Rule 37-A of the CCS (Pension) Rules, 1972, as amended from time to time.

Family Pension : The family of Shri Rameshwar Dayal (SC) shall be eligible for family pension as per provisions of Rule 37-A read with Rule 54 (13-B) of CCS (Pension) Rules, 1972, as amended from time to time.

Regulation of Pay on absorption : To be regulated in terms of Para 4 of DOP&PW O.M. No. 4/18/87-P&PW (D) dated 5.7.1989.

Leave : The Earned Leave and Half Pay Leave at the credit of Shri Rameshwar Dayal (SC) funds transferred to Bharat Sanchar Nigam Limited on the date of absorption as provided for under Sub-rule 24(b) of Rule 37-A the CCS (Pension) Rules.

Provident Fund : The amount of subscription together with interest the