Union Of India vs Umashankar Joshi
2024 Latest Caselaw 28206 MP

Madhya Pradesh High Court

Union Of India vs Umashankar Joshi on 14 October, 2024

                                                              1                                  MP-5458-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       MP No. 5458 of 2024
                                       (UNION OF INDIA AND OTHERS Vs UMASHANKAR JOSHI AND OTHERS )



                           Dated : 14-10-2024
                                 Shri Pushpendra Yadav - Deputy Solicitor General for the Union of
                           India/Petitioner.

                                 Petitioner impugns order dated 04.01.2024 passed by The Central
                           Administrative Tribunal, whereby the petition filed by the respondent has

been allowed.

By the subject petition, respondent had claimed benefit of additional pension @20% on the ground that he had entered the age of 80 years and was thus entitled to additional pension. Reliance was placed on the decision of the Guwahati High Court in Writ Petition(C) No.4224/2016 decided on 15.03.2018 (Virendra Dutt Gyani vs. Union of India and Ors.).

Learned Deputy Solicitor General contends that the said judgment of Guwahati High Court has no applicability to the facts of the present case inasmuch as the said judgment was in respect of a former Judge of a High Court whose case was covered by the High Court Judges (Salaries and

Conditions of Service )Act, 1954 and the Rules framed thereunder, wherein additional pension became payable on the individual completing 79 years of age and entering 80th year, whereas case of the respondent is covered under the CCS (Pension) Rules, 1972 which stipulates that additional pension would be payable only on attaining the age of 80 years.

Learned counsel submits that similar issue is pending consideration

2 MP-5458-2024 before this Court in WP No.17880/2022 (Union of India and Ors. vs. LL Sharma and Ors.).

Issue notice.

List along with WP No.17880/2022.

In the meantime, operation of order dated 04.01.2024 passed in OA No.200/00971/2021 shall remain stayed till the next date of hearing.

Copy of the record of the Tribunal shall also be requisitioned.

                                 (SANJEEV SACHDEVA)                                (VINAY SARAF)
                                        JUDGE                                          JUDGE


                           Akm