Change in pension qualification rules may necessitate a reconsideration of prior options under pension law, ensuring fairness and equitable treatment.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A): -

By way of the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicant has prayed for the following reliefs: -

“a) Direct the respondents to de counting previous service of Indian Air force from Civil Service of DGLL and quash the impugned order dated 30.01.2019 of Government of India Ministry of Personnel P. G. and pensions, Department of Pension and Pensioners Welfare so that he can get pro rata pension from Indian Air Force for the services rendered by him for 10 years 262 days to India Air Force.

b) Pass such other and further order as this Hon’ble Tribunal may deem fit and proper in the interest of justice.”

FACTS OF THE CASE

2. As stated by the applicant, he initially joined the Indian Air Force as an Airman on 24.05.1977. He was discharged from service on 09.02.1988, after completing 10 years and 262 days of service, in order to join another Government service through the Union Public Service Commission (UPSC) for better career prospects.

2.1 Subsequently, he joined as Station Engineer in the Department of Lighthouses and Lightships (DGLL) under the Ministry of Surface Transport (Shipping Wing), Government of India, which is now known as the Directorate General of Lighthouses and Lightships (DGLL) under the Ministry of Ports, Shipping and Waterways (MoPSW).

2.2 In terms of Rule 19 (1) (b) of the Central Civil Services (Pension) Rules, 1972, the applicant exercised an option to count his previous Air Force service towards qualifying service in the DGLL for the purpose of pension vide his representation dated 08.09.1994 (Annexure A/4), since at that time, the minimum qualifying service for full pension was 33 years. The applicant refunded the gratuity amount received from Indian Air Force along with interest, amounting to Rs. 66,446/- on 14.02.2007. In response to the ID Note dated 29.06.2007, the Ministry of Ports, Shipping and Waterways, informed the DGLL vide order dated 02.08.2007 (Annexure A/5) that they have no objection in counting the applicant's previous service rendered in Indian Air Force i.e., from 24.05.1977 to 09.02.1988. Thereafter, the DGLL had issued Office Order dated 9.8.2007 vide which the period of service rendered by the applicant in Indian Air Force with effect from 24.05.1977 to 09.02.1988 decided to be counted towards qualifying service for the purpose of retirement and pensionary benefits under Rule 19 of the Rules ibid and the period from 10.02.1988 to 11.02.1988 was treated as automatically condoned and the pre-interruption service treated as qualifying service under Rule 19 (5) of the Rules ibid.

2.3 Later, upon amendment of the CCS (Pension) Rules reducing the qualifying service for full pension from 33 years to 20 years, the applicant submitted a representation dated 17.08.2015 (Annexure-A/7) to the DGLL, MoPSW requesting:-

1. Refund of Rs. 66,446/- (gratuity of Rs. 22,992/- plus interest) earlier paid for counting his previous Air Force service; and

2.Counting of his civil service in DGLL independently for the purpose of pension.

2.4 In reference to the applicant’s long pending request and repeated reminder to de-count his military service counted for pensioner benefits after joining in DGLL, the ministry has refused to consider the request of the applicant.

2.5 The applicant submitted a representation dated 17.10.2022 (Annexure-A/10) and the DGLL recommended and forwarded the representation to the Ministry of Posts, Shipping and Waterways to reconsider his request. The Directorate of Air Veterans was requested to grant pro rata pension vi