NATIONAL INSTITUTE OF PUBLIC COOPERATION AND CHILD DEVELOPMENT v. D. PAUL CHOUDHARY
2006-03-03
MADAN B.LOKUR, MARKANDEY KATJU
body2006
DigiLaw.ai
MARKANDEYA KATJU, CJ. ( 1 ) THIS writ appeal has been filed against the impugned judgment of the learned Single judge dated 7. 11. 2000 by which the petition was allowed. ( 2 ) HEARD learned counsel for the parties and perused the record. ( 3 ) THE facts in detail have been set out in the judgment of the learned Single Judge and hence we are not repeating the same except where necessary. ( 4 ) BY means of the writ petition, the petitioner had prayed for a writ of certiorari to quash the impugned order dated 4. 11. 1988 copy of which is annexure P-XIII to the writ petition which extends the pension scheme to Respondent No. 2 institute (the appellant herein)w. e. f 8. 8. 1988 instead of 1. 1. 1986, and to direct the institute to extend. the Pension Scheme to the employees of the institute w. e. f. 1. 1. 1986. ( 5 ) THE petitioner was appointed as a Director of the National Institute of Public Cooperation and Child Development (the appellant herein) in 1980 and he superannuated on completing the age of 60 years on 31. 10. 1987. ( 6 ) IT is alleged in paragraph 13 of the writ petition that a pension scheme had been framed by the Government of India for its employees fixing 1. 1. 1986, as the date of its application. The petitioner contends that the scheme became applicable to the employees of the Institute also from 1. 1. 1986 but as pointed out in paragraphs 21 to 24 of the counter affidavit this allegation is not correct. The pension rules for the Institute entitled national Institute of Public Cooperation and child Development Employees Pension and other Benefit Scheme were framed and forwarded on 3. 5. 1988 for the approval of the Chairman of the Institute who gave sanction and approval to the same on 8. 8. 1988. Hence the pension scheme came into force for the employees of the Institute only from 8. 8. 1988 and not before that date. ( 7 ) THE impugned order dated 4. 11. 1988 which has been challenged in the writ petition states as follows:-