JUDGEMENT
B.S.CHAUHAN, J. -
(1.)THIS writ petition has been filed challenging the judgment and order of the Central Administrative Tribunal dated 30th December, 2002 by which the application of the petitioner for a direction to the respondents to pay him the gratuity pension commuting valued of pension together with appropriate dearness allowance obtainable since 1993 to December, 1995 and consolidated pension of Rs. 5129/ - per month with interest. He also claimed for some other relief.
(2.)FACTS and circumstances giving rise to this case are that petitioner stood retired from service as Assistant Branch Officer on 30th June, 1993 and was paid the retrial benefit as admissible to him according to the Rules. Petitioner raised the dispute before the learned Tribunal that pension and other retrial benefits should have been determined and paid to him taking dearness allowances with pay as has been paid to other retirees who retired after 1.1.1996. The Tribunal rejected the claim of the petitioner on the ground that taking the decision to merge with any part of dearness allowance with pay for all purposes of determining the retrial benefits is a policy decision of the Government, which is taken after considering so many factors and the Tribunal was ill equipped to take a decision in such matters. Nor the Tribunal could interfere with policy decision taken by the Government unless there is a clear cut case on arbitrariness and malaflde. Hence, this petition.
Shri Kauser petitioner -in -person submitted that the decision taken by the Government is arbitrary, unreasonable and violative of legitimate explanation, as it had been made applicable in favour of certain persons with a particular cut -off date, i.e., 1.1.1996, and therefore, the judgment of the Tribunal is liable to be reversed.
(3.)WE have heard the learned Counsel for the parties and perused the record.