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2019 Supreme(SC) 2

ASHOK BHUSHAN, L.NAGESWARA RAO
UNION OF INDIA – Appellant
Versus
O. P. NIJHAWAN – Respondent


Advocates Appeared:
For the Appellant : Mr. Avinash Sharma, AOR Mrs. Pinky Anand, ASG Mr. R. Balasubramanian, Adv. Mr. Santosh Kumar, Adv. Mr. T.M. Singh, Adv. Mr. Mukul Singh, Adv. Mr. M. Sagar, Adv. Mr. santosh Kumar, adv. Mr. Mukesh Kumar Maroria, AOR Mr. Sanjai Kumar Pathak, Adv. Ms. Akabha Kaul, Adv. Mr. Gurmeet Singh Makker, AOR Mr.Merusagar Samantray, Adv. Mr. P.V. Yogeswaran, Adv. Mr. Mukul Singh, Adv. Mr. Leelesh Krishna, Adv. Mr. Gurmeet Singh Makker, AOR Mr. B. V. Balaram Das, AOR Mr. S.N.Terdol, Adv. Mr. Arvind Kumar Sharma, AOR,
for the Respondent: Mr. Nidhesh Gupta, Sr.Adv. Mr.S.K. Malik, Adv. Mr. Praveen Chaturvedi, AOR Ms. Pallvi Singh, Adv. Ms. Vriti Gujral, Adv. Mr. Jyoti Chaturvedi, Adv. Mr. Addya Mishra, Adv. Caveator-in-person Mr. Ananga Bhattacharyya, AOR Mr. Vaibhav Vutts, Adv. Ms. Aamna Hasan, Adv. Mr. Shreyes rastogi, Adv. Mr. Ashwin Kumar D.S., Adv. Ms. Surbhi Mehta, AOR Mr. Satish Kumar, AOR.

JUDGMENT

Ashok Bhushan, J.

This bunch of appeals raising common questions of law and facts have been heard together and are being decided by this common judgment. All the appeals have been filed by the Union of India through Ministry of Defence and others questioning the judgment of High Court and judgments of Central Administrative Tribunal, Principal Bench, Delhi and different other benches of Central Administrative Tribunals. The Central Administrative Tribunal, Principal Bench as well as different other benches of Central Administrative Tribunals have allowed the original applications filed by respondents herein, who have been working as Scientists in Department of Defence Research and Development Organisation, Department of Atomic Energy and Department of Space, all under Ministry of Defence. The Union of India has sanctioned special pay of Rs. 2,000/- w.e.f. 01.01.1996 and Rs. 4,000/- w.e.f. 01.01.2006 to the Scientists working in the above mentioned three departments.

2. Original applications were filed by the respondents herein claiming direction to the Union of India and others for reckoning the special pay for pension and pensionary purpose. The respondents in this batch of






















































































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