Court No. - 33
Case :- WRIT - A No. - 6482 of 2012 Petitioner :- Union Of India & Others Respondent :- Central Administrative Tribunal & Another Counsel for Petitioner :- Satish Kumar Rai,R.B. Singhal Counsel for Respondent :- S.C.,Avnish Tripathi Hon'ble Manoj Misra,J. Hon'ble Ved Prakash Vaish,J.
Heard Sri Satish Kumar Rai for the petitioners and have perused the record.
The petitioners have challenged the order dated 23rd September, 2011 passed by the Central Administrative Tribunal, Allahabad in Original Application No.294 of 2011 filed by the second respondent for claiming pensionary benefit by treating his service rendered as an employee having temporary status to be part of the qualifying service.
The Tribunal, by following the decision of the Tribunal in a previous matter of Chandi Lal, allowed the original application and issued necessary directions vide impugned order dated 23.09.2011. The order passed in Chandi Lal's case was affirmed by the High Court and thereafter Special Leave Petition was also dismissed by the Apex Court.
A similar issue had thereafter arisen before this Court as to whether the decision in Chandi Lal's case was correctly rendered or not. The said issue has also been settled by a Division Bench of this Court in Writ-A No.75830 of 2010 (Union of India and others Vs. Krishna Pal Singh), decided on 11.01.2018, by holding that decision in Chandi Lal's case has been affirmed upto the level of Apex Court and, therefore, is binding on Union of India. It appears that another Bench of this Court had taken similar view in Union of India and others Vs. Shyam Lal Shukla: Writ-A No.60272 of 2009, decided on 23.12.2011 against which S.L.P. filed before the Apex Court was dismissed.
In view of the above, we do not find any good reason to interfere with the impugned order. The petition is dismissed.
Order Date :- 27.7.2018 AKShukla/-
(V.P. Vaish, J.) (Manoj Misra, J.)