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2024 Supreme(Online)(CAT) 16609

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Rajiv Joshi, Member (Judicial)
Smt. Alka Srivastava – Appellant
Versus
Union of India through its Secretary, Ministry of Finance Department of Revenue – Respondent


Advocates:
For the Appellants/Petitioners: Shri Indra Raj Singh, Shri Yadvendra Pandey
For the Respondents: Shri Chakrapani Vatsyayan

Table of Content
1. application filed for pension benefits based on previous service. (Para 2 , 3)
2. determination of eligibility for old pension scheme is contingent upon regularization. (Para 10 , 11 , 16)
3. court upholds the rejection of daily wage service for pension calculation. (Para 14 , 15 , 20)

ORDER

Heard Shri Indra Raj Singh assisted by Yadvendra Pandey, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents.

2. This Original Application, under Section 19 of the Central Administrative Tribunal Act , 1985, has been filed by the applicant on 07.02.2022, seeking the following reliefs:-

“i). Issue an order and quash the impugned order 16.08.2021, passed by Opposite party no.2 Commissioner Income Tax, (Annexure No.1) so far as declined to account entire service including daily wage for giving benefit of old pension scheme to the applicant.

ii). Issue an order or directions to the opposite party no.2 Commissioner Income Tax, to account entire service of the applicant including daily wage basis w.e.f. 01.10.2001 and to give benefit of old pension scheme and pay pension accordingly from due date alongwith interest within stipulated time

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