Ccs pension rule, 1971 - reg.
Vasudevan
(Querist) 29 May 2023
This query is : Resolved
Respected Learned Expert(s), I had filed an OA before the CAT, Chennai Bench for payment of gratuity. I am appearing as party in person in the OA. While surfing in the net, I come across an order passed by the CAT Principal Bench, New Delhi which is similar to my OA. I am in need of certified copy of the same. As I am in Chennai, it is difficult for me to go all the way to New Delhi for obtaining the copy. Is there any provision to get the copy of the order by post. If so, please let me be informed about the procedure. If not, any body in the Hon'ble Forum is ready to help in the matter. I shall bear the cost and the necessary fee please. My e-mail id vasuvenkat61@yahoo.in As mobile No. is not allowed in the message, I am furnishing my e-mail id. I shall call the concerned advocate on his response in my e-mail id.
With respectful regards to one and all in the Forum.
kavksatyanarayana
(Expert) 29 May 2023
You can submit it online with necessary court fee. You may consult Sri T. Kalaiselven sir a prudent advocate and a senior expert, Vellore, Tamilnadu of this platform may help you.
Vasudevan
(Querist) 30 May 2023
Respected KAVK Satyanaryana, much obliged for your response. Learned Expert Shri Sudhir Kumar sir, I know the OA No., but the judgment is not available in the official website of CAT itself. Much obliged for the response. Thank you very much for both the Learned Experts.
Vasudevan
(Querist) 31 May 2023
Much obliged Shri Sudhir Kumar Sir. I have posted PM to you. Kindly oblige.
Vasudevan
(Querist) 01 June 2023
Much obliged Shri Sudhir Kumar sir.
P. Venu
(Expert) 02 June 2023
You can seek a copy under RTI Act as well. For the purpose of citation, it is not necessary that certified copy be produced.
However, what is the issue in contention? If I am not wrong, the issue is the question of release of gratuity to a retired Government servant who has been convicted, but appeal against conviction is pending.
The Kerala High Court had directed release of gratuity (with interest) in such cases, but the Supreme Court has since overruled the said decision. As such, you need to undertake further research before placing reliance on the Principal Bench decision.
Vasudevan
(Querist) 03 June 2023
Much obliged Learned Expert Shri P. Venu Sir. The issue involved in the case is that an order passed under Rule 9 of CCS Pension Rules, 1971 imposing a cut in pension @ 40%. There is no mention about gratuity. However, my department refuses to release gratuity and passed a subsequent order that competent authority has decided not to pay gratuity without referring any rule provisions. Whether the said act of Competent Authority is correct? Please guide me.
T. Kalaiselvan, Advocate
(Expert) 03 June 2023
Since you have already filed an OA before CAT Chennai, you may wait for the verdict to be passed
P. Venu
(Expert) 03 June 2023
Does the decision refers to O.A.No.2075/2014 with O.A.No.2071/2014?
Vasudevan
(Querist) 04 June 2023
Respected Learned Expert Shri P. Venu sir, the decision does not refers OA 2075/2014 with OA 2071/2014.
Sudhir Kumar, Advocate
(Expert) 30 May 2023
