Union of India vs K. Ganesan (Dead) By Lr.

Civil Appeal No. 6048/2010

Having heard learned counsel for the appellants, and having perused the record of the case, we find no justification whatsoever to interfere with the impugned order, directing restoration of 2/3rd pension in respect of the respondent herein, after the expiry of the requisite period of commutation.

The instant appeal is accordingly dismissed.

IA Nos. 2/2008, 3/2009, 4/2010 & IA 5/2013 in CA No.6048/2010

We find no justification in entertaining the instant interlocutory applications on behalf of persons who had not availed of their remedy before the competent Court. It would be inappropriate for us to examine the veracity of their claims, in the first instance.

We accordingly decline the prayer for impleadment, and while doing so, grant liberty to the applicants to seek an appropriate alternate remedy, as may be available to them, in accordance with law.

The applications for impleadment are accordingly disposed of in the aforesaid terms.

Civil Appeal No. 6371 of 2010

Heard learned counsel for the rival parties.

In view of dismissal of Civil Appeal No. 6048 of 2010 by us today (Union of India and another v. K. Ganesan (Dead) By Lr.), this appeal has to be accepted.

Accordingly, the instant appeal is allowed. The impugned order of the High Court is set aside. It is directed that the appellants shall be entitled for restoration of their 2/3rd pension, after the expiry of the requisite period of commutation.