Service Law – Pension and Terminal Benefits – Amalgamation of two cadres – There were two distinct posts in the Language Cadre of the Research and Analysis Wing (RAW), the Group ‘B’ post of Assistant Foreign Language Examiner (AFLE) and the Group ‘A’ post of the Deputy Foreign Language Examiner (DFLE) – Vide Notification dated 13th March, 2008, the posts of AFLE and DFLE were merged and re-designated as Senior Interpreter – CAT on
26 May, 2008 issued directions to the Cabinet Secretariat and the DoPT to reconsider the aspect of the merger of AFLEs and DFLEs and the consequences thereof – The Joint Secretary (Personnel) issued an Order dated 2 September, 2008, stating that no amalgamation of the two cadres had taken place by virtue of the operationalization of the recommendations of the 5 th Central Pay Commission – CAT vide order dated 7 July, 2010, quashed and set aside the order of Joint Secretary dated 2 September, 2008 and directed to pass order strictly in accordance with the observations made in its order dated 26 May, 2008 – High Court set aside the order dated 7 July, 2010, passed by the CAT – The Supreme Court observed that since all the appellants have superannuated, therefore issue involved is restricted only to the terminal benefits and pension payable in respect of the appellants – Held: The order passed by CAT dated 26 May, 2008 was not challenged by the respondentUnion of India and has, therefore, attained finality – It is hereby directed to the respondents to calculate terminal benefits as are payable to the appellants on the basis of the orders passed by the CAT dated 26 May, 2008 and 7 July, 2010 – The pension, as calculated, would be paid to the appellants with effect from 1 January, 2023 – The terminal benefits would be cleared on or prior to 31 December, 2022 – The Research and Analysis Wing (Recruitment, Cadre and Service) Rules, 1975.
Disposing of the appeal, the Court
HELD: In view of the matter, this Court is inclined to dispose of the present appeal with a direction to the respondents to calculate terminal benefits as are payable to the appellants on the basis of the orders passed by the CAT dated 26 May, 2008 and 7 July, 2010. This Court is inclined to do so specifically in view of the fact that the order of the learned CAT dated 26 May, 2008 was not challenged by the respondent-Union of India and has, therefore, attained finality. The pension as calculated in view of the aforesaid directions would be paid to the appellants with effect from 1 January, 2023. The terminal benefits, which the appellants are entitled to, would be cleared on or prior to 31 December, 2022. In the facts and circumstances of the case, the appellants would not be entitled for arrears of pension from the date of their superannuation till 31 December, 2022. However, they will be entitled to interest at the rate of 6% per annum on the terminal benefits payable to them from the date of their superannuation till the date of actual payment. [Para 12][423-EH] B. Manmad Reddy and Others v. Chandra Prakash
Reddy and Others (2010) 3 SCC 314 : [2010] 2 SCR
860 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.