Summary
In R&AW's language cadre, the posts of Assistant (AFLE) and Deputy Foreign Language Examiner (DFLE) were equalised in pay from 1996 and merged as Senior Interpreter in 2008. The CAT, by an unchallenged order of 26 May 2008, held the distinction removed from 1996. When the Cabinet Secretariat held the opposite, the CAT quashed its order in 2010, but the Delhi High Court set the CAT aside. By the time the AFLE appellants' appeal was heard, all three had superannuated. Without deciding the questions of law, the Supreme Court directed that their terminal benefits and pension be computed on the basis of the CAT's orders, since the 26 May 2008 order had become final. The appellants having given up arrears, it directed pension from 1 January 2023 and terminal benefits by 31 December 2022 with 6% interest.
Issues
- Whether the AFLEs' terminal benefits and pension should be computed on the basis of the CAT's orders treating AFLEs and DFLEs as merged, given that the order of 26 May 2008 was never challenged
- What relief was appropriate where all the appellants had superannuated
Held
- Because all the appellants had superannuated and the dispute was confined to the terminal benefits and pension of three persons, it was unnecessary to decide the questions of law raised on the merger of the two cadres and the effect of the 2008 notification. (¶¶ 9, 10)
- Since the CAT's order of 26 May 2008 was not challenged by the Union of India and had attained finality, the appellants' terminal benefits and pension were to be computed on the basis of that order and the CAT's order of 7 July 2010. (¶ 12)
- Recording the appellants' concession to give up arrears, the Court directed payment of revised pension from 1 January 2023 and of terminal benefits by 31 December 2022, with 6% annual interest on the terminal benefits from superannuation, but no arrears of pension until 31 December 2022. (¶¶ 11, 12)
Result
Appeal disposed of with directions to compute and pay terminal benefits with 6% interest and revised pension from 1 January 2023, on the basis of the CAT's orders; no costs.