IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.04.2024 CORAM THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.No. 13439 of 2020 A.N.Ramadoss ..Petitioner Vs

1. Union of India, Rep by the Secretary Public Grievances and Pension Department of Personnel and Training, New Delhi.

2.The Director General of Signals General Staff Branch, Army Head Quarters, Chennai. 3.The Chief General Manager, Bharat Sanchar Nigam Limited, Tamil Nadu Circle, Chennai-600002.

4.The General Manager Bharat Sanchar Nigam Limited, Market Committee Building, Tollgate, Vellore – 632001.

5.The Registrar, Central Administrative Tribunal, Chennai-600104. ..Respondents Prayer : Writ petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified Mandamus, calling for the records of the 5^th respondent viz., Central Administrative Tribunal, Chennai Bench in O.A.No. 902 of 2007, dated 22.10.2009 and quash the same and consequently direct the 1^st respondent to include the Army Service rendered by the petitioner from 09.08.1965 to 09.06.1971 (i.e) 5 years 303 days with the service rendered by the petitioner in the Telecom Department (now BSNL) and revise the quantum of pension and pay the arrears of difference in pension.

For Petitioner : Mr.V.Vijayashankar For Respondents : Mr. M.T.Arunan – R3 & R4 R5- Tribunal.

Not ready notice -R1 & R2

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.)

Challenging the order passed by the tribunal /5^th respondent in O.A.No. 902 of 2007, dated 22.10.2009, the present writ petition has been filed.

2. Brief facts of the case:

The petitioner had joined service in Indian Army as Soldier on

11.08.1965 and after rendering service of 5 years and 10 months, discharged from Indian Army on 09.06.1971. Thereafter, on 02.11.1972, the petitioner joined as Telecom Operator in the Post and Telecom Department (now BSNL) and retired from service on superannuation on 30.06.2005. Immediately, after joining service in BSNL, the petitioner had made representation on 28.02.1973 exercising option to count his service rendered in Army Force, along with the service rendered in BSNL. The said request was not considered by the respondents, hence the petitioner has filed an application in O.A.No. 902 of 2007 before the Central Administrative Tribunal. The said application was dismissed by the tribunal on

22.10.2009. Challenging the same, the present writ petition has been filed.

3. Mr.V.Vijayshankar, learned counsel appearing for the petitioner has submitted that after joining the 3^rd respondent organization, the petitioner had made representation through proper channel to the 4^th respondent vide letter date 28.02.1983 exercising his option to count his earlier service rendered in the Indian Army Service of 5 years and 33 days as qualifying service for fixation of his pension which would be accrued on his superannuation under Rule 19 of CCS Pension Rules, 1972.

4. The learned counsel would further submit that pursuant to the said representation dated 28.02.1973, the petitioner had submitted further representations on 17.01.1997 and 27.09.2004. Meanwhile, the petitioner had retired from service on superannuation on 30.04.2005, thereafter, the 3^rd respondent by communication dated 04.03.2006 informed the petitioner that no action could be taken on the request of the petitioner as the records had been destroyed in the 2^nd respondent office. Challenging the said order of the respondent, the petitioner has filed an application in O.A.No. 902 of 2007 before the Central Administrative Tribunal/5^th respondent. The tribunal without taking into consideration the earlier request made by the petitioner immediately after joining service in the BSNL (i.e within one year) and without considering provisions prescribed under Rules 18 and 19 of CCS Pension Rules, dismissed the application on the grounds that the petitioner had failed to satisfy that he got re-employment in the BSNL office based on hi