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Bharat Sanchar Nigam Ltd. (B.S.N.L.) Vs. S.K. Bhatnagar [24/10/13]

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[Civil Appeal No. 9644 of 2013 arising out of S.L.P.(C)No.26332 of 2011]. This Appeal assails the Order passed on 22.11.2010 by the Division Bench of the High Court of Judicature at Allahabad in Writ Petition No.1580 (S/B) of 2010. Regretfully, it is a laconic order in respect of an extremely cryptic decision of the Central Administrative Tribunal (CAT), Lucknow Bench, Lucknow rendered on 7.1.2008 in Original Application No.153 of 2007. In the impugned Order it has been noted that Respondent no.1 retired from the service of the Appellant-company on 31.5.1990; he was serving as Telecom District Engineer (Chambal), Gwalior. It is also duly noted that Respondent no.1 had applied for commutation of his pension. It stands admitted that he was receiving pension predicated on the commutation viz., not full pension. Neither of the Orders state the date of the application for commutation of pension, but in the hearing before us it has been indicated that this request was made in 1988. The Appellants' submission before the Division Bench of the High Court was that a Cheque No.312436 dated 18.12.1990 had been dispatched to Respondent no.1 at his Lucknow address. Before this Court, the contention is that payment was made by a Demand Draft bearing even number.

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