Central Administrative Tribunal - Delhi
Madan Pal Singh vs M/O Personnel,Public Grievances And ... on 7 October, 2022
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Item No. 22 O.A. No. 1156/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 1156/2017
This the 07th day of October, 2022
Hon'ble Mr. Ashish Kalia, Member (J)
1. Madan Pal Singh
S/o Late Sh. Khecharu Singh
Aged about 57 years,
Department: Department of Posts
Designation: Ex. Accountant
Ramesh Nagar HO ND-15
Group: C
Nature of grievance: Grant of Benefits and full
pension
R/o K-2/11, Pipal Chowk
Mohan, Garden, Uttam Nagar New Delhi-110059.
2. Kamal Jeet Singh
S/o Late Sh. Ishwar Singh
Aged about 56 years
Department: Department of Posts
Designation: Ex. Stg. Asstt., New Delhi Stg Dn Group:C
Nature of grievance: Grant of Benefits and full pension
R/o P.Extn.II-107, Mohan Garden Uttam Nagar, New Delhi-59.
3. Jagdish Singh
S/o Late Sh. Dalip Singh
Aged about 57 years
Department: Department of Posts
Designation: Ex. Stg. Asstt.
New Delhi Stg Dn
Group: C
Nature of grievance: Grant of Benefits and full pension
R/o D-86, DDA flat,
Mansarover Park Shadara, Delhi.
4. Madan Mohan
S/o Late Sh. Mani Ram
Aged about 59 vears
Department: Department of Posts
Designation: Ex. P.Asstt o/o CPMG Delhi Circle
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o Flat No.2880, Pocket-6, Sector-2
Rohini, Delhi-110085
5. Kunwar Pal Singh
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Item No. 22 O.A. No. 1156/2017
S/o Late Sh. Diwan Singh
Aged about 59 years
Department: Department of Posts
Designation: Ex. Asstt. Accounts Officer
DPA Lucknow
Group: B
Nature of grievance: Grant of Benefits and full pension
R/O IIE, 180, Nehru Nagar Ghaziabad, U.P.
6. Parmod Raj
S/o Late Sh. Dharam Bir
Aged about 60 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Parliament HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o A4/123, DDA flats Apposit Manav Aptt., Paschim Vihar,
New Delhi-63.
7. Ashok Kumar Sharma
S/o Sh. Pandit Nikku Ram
Aged about 55 years
Department: Department of Posts
Designation: Ex. P.Asstt.
New Delhi West Dn.
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o Plot No.5, Street No.6, East Guru, Angad Nagar, Delhi-
110092.
8. Parmod Kumar
S/o Late Sh. Rati Ram
Aged about 57 years
Department: Department of Posts
Designation: Ex. P.Asstt.
New Delhi South west Dn.
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o A-75, Palam Extn., Sector-7, Dwarka, New Delhi-77.
9. Ashok Kumar Khurana
S/o Late Sh. Bhagwan Dass
Aged about 54 years
Department: Department of Posts
Designation: Ex. P.Asstt
Rohtak HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o F-17, Khanna Colony, Sonepat, Haryana.
10. Chander Kant Sharma
S/o Late Sh. B.B. Shastri Aged about 57 years
Department: Department of Posts
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Item No. 22 O.A. No. 1156/2017
Designation:Ex. Sr. Accountant
DAP Delhi
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o. G-4/129-130, Sector-XI Rohini Delhi-110085.
11. Rajendrer Singh Tushir
S/o Sh. Hardeva Singh Tushir
Aged about 61 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Delhi GPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o H.No.1125, Near Subzi Mandi Alipur, Delhi-110036.
12. Darwan Singh Rawat
S/o Late Sh. Arjun Singh
Aged about 54 years
Department: Department of Posts
Designation:EX Postman
South Esth Dn Delhi, Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 19/3C, BSNL Type-IV Qr.
Kaliwari, New Delhi-110001.
13. Smt.Usha Batra
W/o Sh. Virander kumar Batra
Aged about 58 years
Department: Department of Posts
Designation: Ex. P.Asstt
Parliament HPO Delhi
Group:C
Nature of grievance: Grant of Benefits and full pension
r/O D-36, Green Vellay Apptt.
Sector-18, Rohni, Delhi.
14. Smt. Jitender Sharma W/o Sh.Surender Pal Sharma
Aged about 58 years
Department: Department of Posts
Designation: Ex. P.Asstt
Parliament Street HPO Delhi
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o LP/21F, Maurya Enclave
Pitampura, Delhi.
15. Suresh Pal Singh
S/o Sh. Niranjan Singh
Aged about 54 years
Department: Department of Posts
Designation: Ex. Accountant
New Delhi GPO
Group:C
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Item No. 22 O.A. No. 1156/2017
Nature of grievance: Grant of Benefits and full pension
R/o 204A/4, Durgapuri Extn.
Delhi-110093.
16. Brahma Nand Shukla
S/o late Sh. Raj Dev Shukla
Aged about 54 years
Department: Department of Posts
Designation: Ex. Accountant
New Delhi GPO
Group:C
Nature of grievance: Grant of Benefits and full
pension
R/o H.No.32A, Gali No.1, Rajender Park, Nangloi, Delhi-
110041.
17. Narender Kumar Gupta
S/o Late Sh. P.S.Gupta
Aged about 56 years
Department: Department of Posts
Designation: Ex. P.Asstt
Delhi GPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 27, Mitra Vihar, Pitam Pura, Delhi-110034.
18. Vinod Kumar Verma
S/o Late Sh. K.P. Verma Aged about 53 years
Department: Department of Posts
Designation: Ex. Jr. Accounts Officer
DAP Patna
Group:B
Nature of grievance: Grant of Benefits and full pension
R/o D-4/6 Pocket-B, Near Bloomfied School, Dilshad Garden,
Delhi-110095.
19. Smt. Renu Jain W/o Mr. Anil Kumar Jain Aged about 55 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DAP Delhi
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 38, Sansad Vihar, West Enclave, Pitampura, Delhi-
110034.
20. Satya Pal
S/o Late Sh. Ram Singh
Aged about 58 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DAP Ambala
Group:C
Nature of grievance: Grant of Benefits and full
pension
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Item No. 22 O.A. No. 1156/2017
R/o 78C, Pocket-C, Sidharth Extn.
New Delhi-110014.
21. Shiv Kumar Sharma
S/o Sh. Jai Kishan
Aged about 61 years,
Department: Department of Posts
Designation:Ex. Accountant Lodi Road HPO Delhi Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 1268, Gali No.5b, Swantrar Nagar, Nerala Delhi.
22. Shiv Dayal Munjal
S/o Sh. Ram Kishan
Aged about 54 years
Department: Department of Posts
Designation: Ex. Accountant
Kurushetra HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/0 H.No.31, Sheela Nagar Colony, Amin Rd Kurushetra,
Haryana.
23. Shiv Kumar, S/o Sh. Braham Singh
Aged about 62 Years
Department: Department of Posts
Designation: Ex. Stg. Asstt., Airmail Sorting Dn Delhi Group:C
Nature of grievance: Grant of Benefits and full pension
R/o K1/213, New Palam Vihar
New Delhi-110045.
24. Rameshwar Dass Sharma
S/o Sh. Ram Kishan
Aged about 61 years
Department: Department of Posts
Designation: Ex. P.Asstt
Rohatak HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 1141/3, Gali No.7, Shankar Garden, Line par Bahadur
Garh
25. Sushil Kumar Singh
S/o Sh. Rishi Raj Singh
Aged about 61 years
Department: Department of Posts
Designation:Ex. Stg. Asstt
RMS O/O HRO "SH" Dn, Saharanpur Group:C
Nature of grievance: Grant of Benefits and full pension
r/o Qr.19, type III, Sector-39, Tel Exchange, Noida, U.P.
26. Smt. Raj Tyagi W/o Sh. K.K.Tyagi Aged about 52 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DAP Delhi
Group: C
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Item No. 22 O.A. No. 1156/2017
Nature of grievance: Grant of Benefits and full pension
R/o H-79/45, West Panjabi Bagh
New Delhi-110026.
27. Sh. Surinder Singh
R/o Sh. Shantisarup
Aged about 53 years
Department: Department of Posts
Designation: Ex. P.Asstt
Parliament HPO Delhi
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o LP/22-B, Pitam Pura Maurya-Enclave, Delhi-110088.
28. Sh. Dinesh Kumar
Late Sh. Jhangi Ram
Aged about 52 years
Department: Department of Posts
Designation: Ex. P.Asstt, Delhi GPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o H.No.83FF, Pocket-17 Sector-24, Rohini, Delhi
29. Smt. Neeta Uppal W/o Dr. Devender Uppal Aged about 56
years
Department: Department of Posts
Designation: Ex. P.Asstt., 0/o SSPO's Ambala Group:C
Nature of grievance: Grant of Benefits and full pension
R/o H.No.700, Sector-9, Ambala City, Hargans,
30. Smt. Sunita Kumari W/o Sh. G.L.Chhabra Aged about 53 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Ambala GPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o H.No.154B, Gobind Nagar Ambala Cantt, Maryang
31. Akhilesh Kumar
S/o Late. Sh. M.D. Tripathi Aged about 59 years
Department: Department of Posts
Designation: Ex. Accountant
New Delhi GPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o B-183, Gali No.7, Hardevpuri, Delhi-110093.
32. Mahender Pal Sharma
S/o Late Sh. Lal Chand Sharma
Aged about 57 years
Department: Department of Posts
Designation: Ex.P.Asstt.
O/O CPMG Delhi Circle
Group:C
Nature of grievance: Grant of Benefits and full pension
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Item No. 22 O.A. No. 1156/2017
R/o A-1/84-A, Chanakya place
New Delhi-110059.
33. Narinder Kumar Sharma
S/o Sh. Harbans Lal
Aged about 57 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DAP Ambala
Group:C
Nature of grievance: Grant of Benefits and full pension
R/O H.No.160, Sigma City-1, Jirakpur Mohali, PB.
34. Murari Lal Gupta
S/o Sh. Jaisiram Gupta
Aged about 53 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DAP Ambala
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o H.No.164, R-3,
Huda Colony, Ward No.8, Cheeka Mandi (Kaithal) , Налуама,
35. Smt. Meena Mattoo W/o Mr. K.K. Ganjoo Aged about 51 vears
Department: Department of Posts
Designation: Ex. P.Asstt
0/O CPMG Jammu
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o H.No.74-A, Lane-2, Anand Ngr, Bohri, Jammu-180002.
36. Yusuf Ali
S/o Yaqub Ali
Aged about 58 years
Department: Department of Posts
Designation: Ex. P.Asstt
Meerut Division Meerut
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o Opposite DIG Kothi, Lisari Road, Meerut-250002, UP.
37. Nathu Singh Lamba
S/o Late Sh. Sheo Chand
Aged about 60 years
Department: Department of Posts
Designation: Ex. P. Asstt.
New Delhi West Dn ND-28
Group: C
Nature of grievance: Grant of Benefits and full pension
R/o H.No 248, Vill. & PO khaira
New Delhi-110043.
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Item No. 22 O.A. No. 1156/2017
38. Sh. R.L.Vishwakarma
S/o Sh. Shital Deen
Aged about 62 years
Department: Department of Posts
Designation: Ex. P.Asstt.
SBCO Fetehpur HPO UP
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o OM Ngr, Gora Bazar, Infront of Vishwakarma
PAC Gate, Raebareli, U.P .
39. Sh.Abdul Hai
S/o Mohamad Shafi
Aged about 60 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Fatehpur HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o H.N.508/1, New Colony
Mewadiyan, Gird Gonda,
PO Bus stop Gonda, UP.
40. Sh. S.N.Rai
S/o Sh. Ramayan Rai
Aged about 56 years
Department: Department of Posts
Designation:EX.P.Asstt.
SSPO'S New Hyderabad Lucknow.
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 610/213, Keshav Nagar Colony Sitapur Road, Lucknow,
UP
41. Ali Hussain
S/o Zakir Hussain
Aged about 53 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Banda HPO.
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o Idgeh Road, Aliganj Banda, ..UP.
42. Kazim Husain
S/o Nazim Hussain Aged about 55 years
Department: Department of Posts
Designation:Ex.P.Asstt.
SBCO Fatehpur HPO.
Group:C
Nature of grievance: Grant of Benefits and full
pension
R/0 14/35, Nawab compound
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Item No. 22 O.A. No. 1156/2017
Civil line Kanpur, UP
43. K.K.Mishra
S/o Sh. Hari Shanker Mishra
Aged about 58 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Pratapgarh HPO
Group:C
Nature of grievance: Grant of Benefits and full
pension
R/o Achkari, PO Aushmaul
Balwarganj Jaunpur, UP
44. Sh. Chhanga Lal Verma
S/O Sh. Siya Ram Verma
Aged about 57 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Barabanki HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o C-945, Civil Line, Deva Road, Barabanki, UP.
45. Sh. Harnandan Prasad Verma
S/o Sh. Babu Ram Verma
Aged about 58 years
Department: Department of Posts
Designation: Ex. Accountant
Barabanki HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o Laxman Puri Colony
Barabanki, UP.
46. Sh. Umashanker Mishra
S/o Sh. Udai Raj Mishra
Aged about 56 years
Department: Department of Posts
Designation: Ex. P.Asstt.
Faizabad HPO
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o Deendayal, Kapurwa Pure Usro Amauna, Post Rani Bazar,
Faizabad, UP
47. Sh. Navin Kumar Srivastava
S/O Sh. Ganesh Prasad Srivastava
Aged about 61 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DPA Lucknow
Group:C
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Item No. 22 O.A. No. 1156/2017
Nature of grievance: Grant of Benefits and full pension
R/o 5/406, Vikas Nagar, Lucknow, UP.
48. Sh. Ghanshyam Mani Tripathi
S/O Sh. Lachandra Mani Tripathi
Aged about 60 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DPA Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 998A, Manas Nagar, Krishna Nagar, Lucknow, UP.
49. Sh. Sunder Prasad Mishra
S/O Sh. Lala Ji Mishra
Aged about 57 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DPA Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o Plot No.28,
Behind Exongirls degree Collg.
Gali No.2, Rifa Colony, UP.
50. Rajaji Puram, Lucknow, UP.
Sh. Sachchidanand Srivastava
S/O Sh. R.P.Srivastava
Aged about 57 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DPA Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 4/733, Vikas Nagar, Lucknow,, UP.
51. Sh. Veerendra Mohan Srivastava, S/o Sh. Shiv Baran Lal, Aged
about 60 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DPA Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 143KA, Shanti Nagar, Lucknow,UP.
52. Ram Nath Paul
S/o Sh. Balale Paul
Aged about 58 years
Department: Department of Posts
Designation:Ex. Sr. Accountant
DPA Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
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Item No. 22 O.A. No. 1156/2017
R/O D-2/628, Sec-F, Jankipuram, Lucknow, UP.
53. Sri Niwas Rai II
S/o Late Sh. Bajrangi Lal
Aged about 56 years
Department: Department of Posts
Designation: Ex. Accountant
"O" Division Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 14/435, Vikas Nagar, Lucknow, UP.
54. Sh. Laxman Singh
S/o Sh. Devki Nandan Singh
Aged about 60 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DPA Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 565KA/45, Amrudahi Bagh Alam Bagh, Lucknow, UP.
55. Sh. Kedar Singh Yadav
S/o Sh. Sai Singh Yadav
Aged about 58 years
Department: Department of Posts
Designation: Ex. Sr. Accountant
DPA Lucknow
Group:C
Nature of grievance: Grant of Benefits and full pension
R/o 3/182, Sector-J, Jankipuram, Lucknow, UP.
...Applicant
(By Advocate: Mrs. Rani Chhabra with Ms. Riya Sethi)
Versus
1. Ministry of Personnel
PG and Pension
Through its Secretary
Department of Pension and Pensioners' Welfare, 3ra. Floor Lok
Nayak Bhawan, Khan Market New Delhi-110003.
2. Director (Pension)
Department of Pension and Pensioners'
Welfare, Lok Nayak Bhawan, 3rd floor, Khan Market New
Delhi-110003.
3. The Secretary
Department of Posts
Dak Bhawan
New Delhi-110001
4. General Manager (Finance)
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Item No. 22 O.A. No. 1156/2017
O/O Director of Accounts (Postal)
Civil Line, New Delhi-110054.
5. Director of Accounts (Postal)
UP Circle, Sector-D, Aligani Lucknow-226024.
6. Director of Accounts (Postal)
Bihar Postal Circle
Patna GPO Complex
Patna-800001
7. Director of Accounts (Postal)
Haryana Circle, 107, Mall Road
Ambala Cantt- 133001
8. Director of Accounts (Postal)
Meghdhoot Bhawan
Rail Head Complex
Jammu-180001.
...Respondent
(By Advocate:Mr. Manish Kr.)
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) The reliefs sought by the applicants in the present O.A. is reproduced below verbatim:-
"i. direct the respondents to grant benefit of OM No.38/37/08/P&PW dated 6.4.2016 to the applicants pre- retirees 2006 delinking prorata from qualifying service of 33 years and grant them full pension from 1.1.2006; ii. direct the respondent to pay to the applicants arrears of pension delinking prorata qualifying service of 33 years w.e.f. 01.01.2006;
iii. pass such other or further order/s as your Lordships may deem fit and proper."
2. Learned counsel for the applicants submits that the applicants had been working in the Department of Posts and 13 Item No. 22 O.A. No. 1156/2017 retired after completing the minimum qualifying service of 10 years and less than 33 years of service in the year 2005. As their last pay drawn was less on retirement, the pension of the applicants was fixed/calculated on average emoluments of last 10 months in terms of the provisions of Rule 49 of CCS (Pension) Rules, 1972. According to the provisions of Rule 49 of CCS (Pension) Rules, 1972 full pension was not to be paid and was fixed on prorata basis as they had not completed 33 years of service even though they had completed minimum pensionable service of more than 10 years. Rule 49 in fact provides that if an employee retires before completing 33 years of service but after completing 10 years of qualifying service the amount of pension would be proportionate to the amount of pension admissible according to the service rendered. It is further submitted that Government of India constituted 6th Central Pay Commission on 05.10.2006 inter-alia to examine the principle which should govern the structure of pension, death-cum-retirement gratuity, family pension and other terminal or recurring benefits having financial implications to the persons and former Central Government Employees.
The 6th CPC submitted its report on 24.04.2008 making separate recommendations for revision of pension of the past pensioners and for determination of pension of those retiring 14 Item No. 22 O.A. No. 1156/2017 after implementation of its recommendation. The Commission recommended linkage of full pension with 33 years of qualifying service should be dispensed with. Once an employee renders minimum pensionable service of 20 years then full pension should be paid at 50 % of the average emoluments received during the past 10 months or the pay last drawn whichever is beneficial to the retired employee. Later, the said recommendation of the 6th CPC was accepted by the Government with certain modifications formulating basis for revision of the pension of pre-2006 retirees and the said formula was adopted by the Government of India vide its Resolution dated 29.08.2008. In pursuance to the said Resolution the Government of India issued O.M. dated 01.9.2008 relating to revision of pension of pre-2006 pensioners/family pensioners, which stipulates that these orders would be applicable to all pensioners/family pensioners who were drawing pension/family pension on 01.01.2006 under CCS (Pension) Rules, 1972. The said O.M. also provides as follows:-
"The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG+ and above scales, this will be fifty percent of the minimum of the revised pay scale."15 Item No. 22 O.A. No. 1156/2017
Later, a clarification to the said O.M. dated 01.09.2008 was issued vide O.M. dated 03.10.2008 that the pension calculated at 50% of the minimum of the pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band plus grade pay corresponding to pre-revised scale. The pension would be reduced to prorata where the pensioner had less than minimum required service of full pension as per Rule 49 of the CCS (Pension) Rules, 1972. Thus, the applicants made the representation to the respondents. But no action has been taken so far. Hence, the applicants approached this Tribunal with the aforesaid reliefs.
3. Per contra, learned counsel for the respondents submits that the applicants have not approached this Tribunal with clean hands and has suppressed certain material facts. He submits that all these officials technically retired during Feb, 2005 to be absorbed in BSNL and that their pensions were decided on the rules prevailing to that time. Before 01.01.2006, Rule 49 of CCS (Pension) Rules stipulated that for getting full pension under this rule one should have completed the qualifying service of 33 years and that the amount of pension should be 50 % of emoluments or average emoluments of last 10 months whichever is more beneficial to the Govt. servant. 16 Item No. 22 O.A. No. 1156/2017 Similarly, based on the above rulings, the pension of these applicants was fixed with reference to their average emoluments. The pension is fixed w.r.t. 50 % of last pay drawn is less since these officials drew higher pay during 9 months and reverted to their substantive post before their retirement from the department. Meanwhile, Govt. of India has implemented the 6th CPC w.e.f. 01.01.2006 but actual date of implementation is 01.09.2008. The Ministry of Personnel, PG & Pensions, Department of Pension & Pensioner's Welfare issued an O.M. dated 06.04.2016 which stipulates as under:-
"The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It has- now been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Department's OM of even number dated 28.1.2013 would stand deleted. The arrears of revised pension would be payable with effect from 1.1.2006."
Para 2 of the said O.M. stipulates that the pension of pre- 2006 pensioners as revised w.e.f. 01.01.2006 in terms of para 4.1 or para 4.2 of the O.M. dated 01.09.2008, as amended from time to time would be further stepped up to 50 % of the sum of minimum of pay in the pay band and the grade pay 17 Item No. 22 O.A. No. 1156/2017 corresponding to the pre-revised pay scale from which the pensioner had retired. It is further stated that the applicants are demanding for fixation of their pension w.r.t. their average emoluments instead of Last Pay Drawn, which is more beneficial to them. It is pertinent to note that the O.M. dated 06.04.2016 speaks about 50 % of the minimum of the pay in the pay band and the grade pay only. The same can be explained by the calculations below:-
Name of the Official: Shri. Madan Pal Singh Date of Retirement: 11.02.2005 Last Pay Drawn: Rs. 5750 in 4500-125-7000 Qualifying service at time of retirement: 23 years 11 months 10 days Average Emoluments: Rs.12298.25 Pro-rat pension fixed at that time: Rs.4473/-
Pension revised as per VI CPC order: Rs.6740/-
Pension revised as per O.M dated 06.04.2016: Rs.5585/- (11170/2) Pension revised as per VII CPC w.e.f. 01.01.2016: Rs.17450/-
Hence, learned counsel for the respondents prays for dismissal of the instant O.A.
4. Learned counsel for the applicants has drawn my attention to a judgment of this Tribunal passed in O.A. No.1165/2011 & Batch which states as under:-18 Item No. 22 O.A. No. 1156/2017
7. This Tribunal (full Bench) had also examined a similar issue in OA 937/2010 decided along with OA 2101/2010. In those cases, the prayer made was to remove discrimination between pre-2006 and post-2006 retirees as regards their pension, who were in the pay scale S-30 i.e. Rs.22400-525-24500. The matter was examined in depth considering the judgments of the Honble Supreme Court in D.S. Nakara (supra), Union of India Vs. S.P.S. Vains, (2008) 9 SCC 125, Union of India Vs. P.N. Menon, JT 1994 (3) SC 26, State of Punjab and others Vs. Amar Nath Goyal and others, 2005 SCC (L&S) 910, Union of India Vs. S.R. Dhingra and others, (2008) 2 SCC 229, Government of Andhra Pradesh and ors. Vs. N. Subbarayudu and others, 2008 (4) SLR 136 and Bank of India and another Vs. K. Mohandas and others, 2009 (5) SCC 313. The OAs were allowed vide order dated 20.11.2014 and the Tribunal gave the following directions:
"We direct the respondents to consider the revised pay of the applicants corresponding to the pay at which the concerned pensioner had in fact retired, instead of considering the minimum of the said pay scale, thereby determining pension/ family pension to pre-2006 retirees.
10. It is further added on behalf of the respondents that the applicants in the above mentioned OAs No.937/2010 and 2101/2010 filed writ petitions being WP No. 4572/2012 and WP 7342/2012 in the High Court of Delhi. Honble High Court of Delhi in its order dated 19.8.2013 (Annexure A-9) passed the following order:
8. Keeping in view the aforesaid facts, none of which are disputed by learned counsel for the respondents, with consent of learned counsel for the parties we set aside the impugned decision(s) dated March 06,2012 and simultaneously we restore OA No.937/2010 and OA No.2101/2010 for fresh adjudication on merits by the Tribunal on the claim of the petitioners for full parity. The decision shall be rendered after giving full opportunity of hearing to the petitioners and the decision dated November 01, 2011 passed by the Tribunal in the case of S-29 scale retirees shall not be treated as binding upon it by the Tribunal for the reasons on the subject of full parity the said decision was pronounced notwithstanding said retirees giving up the claim for full parity. 19 Item No. 22 O.A. No. 1156/2017 Thus Honble High Court remanded back the OA No.937/2010 and OA No.No.2101/2010 for fresh adjudication on merits by this Honble Tribunal on the claim of the petitioners for full parity. As stated earlier, these OAs were accordingly heard by this Tribunal (Full Bench) and order dated 20.11.2014 passed."
5. In view of the above, as the Writ Petition filed in the Hon'ble High Court of Delhi has attained finality in regard to the question to be decided by this Tribunal, I hereby direct the respondents to implement the Order passed by Hon'ble High Court of Delhi in W.P No. 4572/2012 in the present case also within a period of 90 days from the receipt of a copy of this order.
6. Accordingly, the O.A. is disposed of as above.
There shall be no order as to costs.
(Ashish Kalia) Member (J) /yaksh/