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

Citation: [2022] 7 S.C.R. 418 · Decided: 14-09-2022 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Disposed off
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Judgment (excerpt)

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418
SUPREME COURT REPORTS
[2022] 7 S.C.R.
R. D. KAUSHAL AND ORS.
v.
UNION OF INDIA AND ORS.
(Civil Appeal No. 6573 of 2022)
SEPTEMBER 14, 2022
[B. R. GAVAI AND PAMIDIGHANTAM
SRI NARSIMHA, JJ.]
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 5th 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 respondent-
Union 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.
[2022] 7 S.C.R. 418
418
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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-E-
H]
B. Manmad Reddy and Others v. Chandra Prakash
Reddy and Others (2010) 3 SCC 314 : [2010] 2 SCR
860 – referred to.
Case Law Reference
[2010] 2 SCR 860
referred to
Para 7
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6573
of 2022.
From the Judgment and Order dated 18.04.2012 of the High Court
of Delhi at New Delhi in Writ Petition (Civil) No. 8503 of 2010.
Rohit Sharma, Kumar Dushyant Singh, Advs. for the Appellants.
Vikramjit Banerjee, ASG, VVV Pattabhiram, Merusagar
Samantray, B. V. Balaram Das, Advs. for the Respondents.
R. D. KAUSHAL AND ORS. v. UNION OF INDIA AND ORS.
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SUPREME COURT REPORTS
[2022] 7 S.C.R.
The Judgment of the Court was delivered by
B. R. GAVAI, J.
1. Leave granted.
2. This appeal challenges the judgment and order dated 18th April,
2012 passed by the High Court of Judicature at Delhi, in Writ Petition
(Civil) No. 8503/2010, thereby setting aside the judgment dated 7th July,
2010 passed by the Central Administrative Tribunal, Principal Bench,
New Delhi (hereinafter referred to as “the learned CAT”) in Original
Application No. 3663/2009.
3. The facts leading to the present appeal are thus:
3.1 Prior to the coming of force of the 5th Central Pay Commission,
there existed two dis
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