Lal Chand Ram vs Union Of India (Uoi) And Ors.
2002 Latest Caselaw 144 Del

JUDGMENT

Sanjay Kishan Kaul, J.

1. Rule.

2. In view of the short question involved in the petition the same is taken up for final disposal with the consent of learned counsel for the parties.

3. The petitioner has filed the writ petition for directions against the respondents to release entitled pension of the petitioner as per Vth Pay Commission i.e., 1275/- per month w.e.f. 1.1.96 along with the arrears and interest @ 12% thereon. Mr. Datar, learned counsel for the respondent, states that in fact vide communication dated 20.8.2001 (Annexure P-1) the Senior Accounts Officer had addressed a letter to the DPDO, Bhiwani stating that the petitioner was entitled to the pension of Rs. 1275/- per month w.e.f. 1.1.96.

4. DPDO, Bhiwani thereafter addressed letter dated 31.8.2000 to the CDA(P) to verify that the said amount of Rs. 1275/- per month is to be paid instead of Rs. 801/- fixed earlier. The controversy has arisen because the petitioner was earlier employed with Railways and it had to be considered that whether it was a case of double pension. However, after analysis of Annexure P-5 it has been found that the amount should be Rs. 1275/-. Learned counsel for the petitioner, states that in view of the decision of the learned Single Judge in CWP 581/97 Ex. Hav. Dharam Singh v. Union of India 2001(2) SCT 775 wherein it was held that once the petitioner has exercised the option to draw military pension for a period which is less than qualifying period to earn pension, civil employment is not to be taken into consderation for any purpose including pension. The learned counsel for the petitioner thus contends that the issue raised in the petition is squarely covered by the aforesaid judgment.

5. I am in agreement with the contention advanced by learned counsel for the petitioner. The Senior Accounts Officer has thus taken a correct corrective decision vide letter dated 20.8.2001.

6. In view of the aforesaid a direction is issued to the respondent to pay to the petitioner pension @ Rs. 1275/- per month w.e.f. 1.1.96 and to pay arrears of the amount of pension within a period of 3 months. The writ petition is disposed of with the aforesaid directions. Parties are left to bear their own costs.