High CourtsDivision Bench(2008) 12 GUJ CK 0038

Union of India (UOI) and Others vs Viran A.

Gujarat High Court · Decided on 4 December 2008

HON’BLE JUDGES
R.M. Doshit, J · K.M. Thaker, J
CASE NUMBER
Special Civil Application No. 25156 of 2007

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Judgment

3 paragraphs · 181 words

R.M. Doshit, J.—Learned advocate Mr. Singh appears for the petitioners '' Union of India and others. He states that the petitioners had filed Review Application No. 27/2006 before the Tribunal below for a clarification on account of the fact that the respondent '' delinquent had put in less than qualifying service and that he was not entitled to pensionary benefits. The said application has been rejected by the Tribunal as time barred.

2.

Mr. Singh has submitted that while deciding the Original Application No. 444/2004 filed by the respondent '' delinquent against his removal from service, the Tribunal has substituted the punishment of ''removal from service'' to that of ''compulsory retirement'' with further stipulation that, ''...The applicant shall be entitled to the retirement benefits admissible under the rules''. Mr. Singh has submitted that as the relevant rules do not permit pensionary benefits to the respondent who had put in less than ten years'' qualifying service, the matter may not be stretched further.

3.

In view of the above statement made by Mr. Singh, the petition is disposed of. Rule is discharged.