Bombay High Court
Comptroller And Auditor General ... vs Rajendraprasad Yeshwantraao ... on 23 June, 2017
Bench: Ravi K. Deshpande
wp.1010.02
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 1010/2002
1) Comptroller and Auditor General of India
10, Bahadurshah Zafar Marg,
Indraprastha Estate, New Delhi.
2) Accountant General (Audit )-II
Maharashtra, Civil Lines,
Nagpur-440 001. ..PETITIONERS
v e r s u s
Shri Rajendraprasad s/o Yeshwantrao Kawde
Senior Audit
C/o the Accountant General (Audit)-II,
Maharashtra, Civil Lines,
Nagpur-440 001. ..RESPONDENT
...........................................................................................................................
Mr. Saurabh Chaudhari, Advocate for the petitioner
............................................................................................................................
CORAM: R.K.DESHPANDE &
MRS . SWAPNA JOSHI, JJ
.
DATED : 23 June, 2017
rd
ORAL JUDGMENT: (PER R.K.DESHPANDE, J.)
The Central Administrative Tribunal has allowed Original
Application No. 9/2005 filed by the respondent, claiming special incentive of
Rs. 30/- per month, with effect from 28.04.1992 to 31.12.1995 and family
planning allowance @ Rs. 100/- per month, with effect from 01.01.1996
onwards, as per the Government of India's order dated 06.07.1999 which
wp.1010.02
implements the Government of India's office memorandum dated
04.12.1979, along with 10 % simple interest.
2. It is not in dispute that the respondent was serving as a Corporal
in Indian Air Force from 19.11.1975 and was discharged from Military service
after completion of 15-years, on 30.11.1990, with reserve liability for two
years. The respondent was re-employed in the service of the petitioner on
24.08.1992 i.e. within a period of two years of reserve liability. The wife of the
respondent had undergone tubectomy operation on 20.12.1990 on which date,
the respondent was not in the employment of the Central Government. The
claim by the respondent for special incentive and family planning allowance is
based upon the office memorandum dated 04.12.1979.
3. We have gone through the office memorandum dated 04.12.1979
which grants such special incentive and family planning allowance to those
employees who undergo the sterilization operation on or after the date of
issuance of such order. It is also applicable in respect of his/her spouse
provided the conditions mentioned in the said office memorandum are
fulfilled. It is not the condition in the office memorandum that on the date of
sterilization operation or family planning operation, either of the employee or
his/her spouse, should be in the employment of the Central Government. The
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incentives are made available to the Central Government employees from the
date of issuance of office memorandum dated 04.12.1979. The respondent was
in the employment of the Central Government upto 19.11.1975 and he was
discharged on 30.11.1990 with reserve liability of two years. Before expiry of
two years, he was reemployed on 24.08.1992. Keeping in view these aspects,
we do not find that the Central Administrative Tribunal has committed an
error in allowing the Original Application filed by the respondent and
granting him the benefits.
4. The Writ petition is dismissed. Rule discharged. However, there
shall be no order as to costs.
JUDGE JUDGE
sahare
