R. D. KAUSHAL AND ORS. versus UNION OF INDIA AND ORS.

R. D. KAUSHAL AND ORS. versus UNION OF INDIA AND ORS.

Because the CAT order dated 26 May 2008 was not challenged and has attained finality, and all appellants have superannuated, the Supreme Court directed that respondents calculate terminal benefits and pension for the appellants in accordance with the CAT orders dated 26 May 2008 and 7 July 2010, with terminal benefits to be cleared by 31 December 2022, pension payable effective 1 January 2023, no arrears of pension up to 31 December 2022, and interest at 6% per annum on terminal benefits from date of superannuation until payment.

Parties
Appellants: R. D. Kaushal and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
14 September 2022
Procedural Posture
Civil Appeal / Disposed by Supreme Court (appeal Disposed)
Outcome
Appeal disposed of with directions to respondents to calculate and pay terminal benefits and pension as directed
Legal Topics
Pension, Terminal Benefits, Amalgamation of Cadres, Recruitment Rules
Service Law Administrative Law Pension Terminal Benefits Amalgamation of Cadres Recruitment Rules

Case Brief

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Parties

R. D. Kaushal and Ors.

Appellants

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Disposed by Supreme Court (appeal Disposed)

Legal Issues

  1. 1 Whether the AFLE and DFLE cadres were merged with retrospective effect and consequences for promotions
  2. 2 Entitlement to terminal benefits and pension of appellants who have superannuated in light of CAT orders dated 26 May 2008 and 7 July 2010
  3. 3 Whether the Cabinet Secretariat order dated 2 September 2008 could be sustained in view of CAT directions

Ratio Decidendi

Because the CAT order dated 26 May 2008 was not challenged and has attained finality, and all appellants have superannuated, the Supreme Court directed that respondents calculate terminal benefits and pension for the appellants in accordance with the CAT orders dated 26 May 2008 and 7 July 2010, with terminal benefits to be cleared by 31 December 2022, pension payable effective 1 January 2023, no arrears of pension up to 31 December 2022, and interest at 6% per annum on terminal benefits from date of superannuation until payment.

Court Disposition

Appeal disposed of with directions to respondents to calculate and pay terminal benefits and pension as directed

Orders

  • Respondents to calculate terminal benefits payable to the appellants on the basis of the CAT orders dated 26 May 2008 and 7 July 2010
  • Pension as calculated to be paid to the appellants with effect from 1 January 2023