High Court of Judicature at Allahabad
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Union Of India And Others v. C.A.T., Allahabad And Others - WRIT - A No. 19816 of 2006  RD-AH 7800 (17 April 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This Writ Petition has been filed for quashing the order dated 25.12.2005 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No.845 of 2002. The said Application had been filed by Sri D.H. Prasad who had expired during the pendency of the Original Application. His legal heirs were, however, brought on record. The facts have been stated in the judgment of the Tribunal and, therefore, we do not intend to repeat the same except considering the issue involved. The issue involved was whether the applicant could be denied the pension or other terminal benefits on the basis of the last pay drawn by him in the Construction Wing of the Department merely because he had a lien in Stores Branch of the Department and would have drawn a lesser pay than the pay that he drew in the Construction Wing. The Tribunal has observed that the pension is paid on the basis of average pay of the last ten months and, therefore, if an officer is posted to an ex-cadre post, he would be entitled to the pension on the salary he received and, therefore, the Department was not justified in insisting that his pension should be calculated on the reduced pay which he would have drawn had he worked in the Stores Branch of the Department.
In our considered opinion, no fault can be found in the reasoning adopted by the Tribunal in coming to such a conclusion and none could be pointed out by the petitioners.
There is, therefore, no merit in this petition. It is, accordingly, dismissed.
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