Central Administrative Tribunal - Chandigarh
Smt. Shashi Kanta vs Union Of India Through The Secretary on 11 November, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Reserved on: 08.11.2016
Pronounced on:11.11.2016
O.A.No. 060/00526/2016
1. Smt. Shashi Kanta, Ex-Lecturer Selection Grade, Govt. College, Sector 42, Chandigarh.
2. Sh. Sham Kumar, Ex-Lecturer Selection Grade, Govt. College, Sector 42, Chandigarh.
3. Smt. Usha Khetarpal, Ex-Lecturer Selection Grade, Government College, Sector 11, Chandigarh.
4. Dr. Om Parkash Sood, Ex-Lecturer Selection Grade, Government College, Sector 11, Chandigarh.
5. Smt. Suksham Aggarwal, Ex-Lecturer Grade, Government College, Sector 11, Chandigarh.
6. Smt. Mohini Sharma, Ex-Principal, Government College, Sector 11, Chandigarh.
.Applicant
BY ADVOCATE: Mr. B.S. Aggarwal
VERSUS
1. Union of India through the Secretary, Department of Pensions and Pensioners Welfare, Lok Nayak Bhawan, New Delhi-110003.
2. UT Chandigarh through Education Secretary (Colleges), UT Secretariat, Sector 9, Chandigarh.
..Respondents
BY ADVOCATE: Mr. A.L. Nanda
ORDER
HONBLE MRS. RAJWANT SANDHU, MEMBER(A):-
1. The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):-
(i) Quash the speaking order dated 03.03.2016 (Annexure A-1) and order dated 18.01.2011 (Annexure A-2) passed by respondent No. 2, being void in view of current policy of Government contained in OM dated 08.05.2015.
(ii) Allow pension @ Rs. 24945 w.e.f. 01.01.2006 to applicants No. 1 to 5 and pension @ Rs. 26060 to applicant No. 6, the ex-college Principal. Further, to not impose any cut on pension for qualifying service being less than 33 years.
2. It is stated in the OA that the applicants No. 1-5, were College Cadre Lecturers (Selection Grade) of Chandigarh Administration. They were at minimum pay of Rs. 15360 in the pay scale of Rs. 12000-420-18300 w.e.f. 01.01.1996. Their pay on 01.01.1999 was Rs. 16620. Their pension by modified parity w.e.f. 01.01.2006 would be on basis of pay of Rs. 16620. Applicant No. 6 was College Principal. Her last pay drawn was Rs. 20,000 in pay scale of Rs. 16400-22400 w.e.f. 01.01.1996. The minimum pay of College Principal on 01.01.1996 was Rs. 17300. Her pension, by modified parity, would be against Rs. 17300. Chandigarh Administration follows State of Punjab in rules governing revision of pay/pension of its employees.
3. It is further stated that w.e.f. 01.01.1966, the college teachers in the whole country are governed by UGC pay scales. Punjab Civil Services (Revised Pay) Rules dated 27.05.2009 (Annexure A-4) state that these rules do not apply to employees, whose pay scales are revised by UGC. UGC pay scales are accepted by GOI and are adopted by State Governments under Central (Civil Service) Rules, as is clear from Punjab Governments letter dated 02.09.2008 which is mere amalgamation of various OMs issued by Government of India regarding college teachers. Annexure /A-6 relates to OM dated 01.07.2010 on revision of pension of pre-2006 pensioners/family pensioners etc. for faculty and other staff in Central Universities and Colleges wherein it was stated that revised pension in no case would be less than 50% of sum of minimum, of pay in the pay band and grade pay thereon. Government of India clarification memo dated 03.10.2008 (Annexure A-7) virtually changed minimum of pay in pay band to minimum of band. Principal Bench of the Tribunal quashed OM dated 03.10.2008 vide order dated 01.11.2011. Punjab and Haryana High Court in R.K. Aggarwal (Annexure A-9) affirmed this decision. Government of India vide OM dated 28.01.2013 (Annexure A-10) allowed correct pension w.e.f. 24.09.2012 and imposed pro rata cut on such pension if qualifying service was less than 33 years. However, as per judgement in R.K. Aggarwal, Government of India vide order dated 30.07.2015 had to give pension to pre-1.1.2006 retirees, w.e.f. 01.01.2006 at 50% of minimum of pay in pay band plus Grade Pay thereon, irrespective of length of qualifying service of retiree. Delhi High Court completely agreed with judgement of Honble Punjab and Haryana High Court and quashed OM dated 28.01.2013 and correct pension became payable w.e.f. 01.01.2006. Later, many High Courts/Tribunals, following judgement of Honble Punjab and Haryana High Court gave similar verdicts which position was upheld by the Apex Court on 17.03.2015 (Annexure A-9) allowing pension w.e.f. 01.01.2006.
4. It is further stated that Pension Revision Policy of pre-1.1.2006 retiree college teachers was enunciated by GOI as per clarification memo dated 03.10.2008 on Para 4.2 of OM dated 01.09.2008. This memo was adopted by Punjab Government and re-issued on 30.12.2010 (Annexure A-2). Accordingly, pension of applicants at Sr. No. 1-5 was fixed wrongly @ Rs. 23200 p.m. while that of college Principal was fixed @ 23700 p.m. As college teachers were not in the 6th Pay Commission grades, their cases were not covered by Table given in OM dated 28.01.2013. OM dated 08.05.2015 was issued to correctly fix their pension. Para 3 of this OM is reproduced as under: In those cases where the pre-revised pay scales are not available in the fitment tables issued by Ministry of Finance OM dated 30.08.2008, pension of pre-2006 retiree maybe revised as per fitment tables issued vide Ministry of HRDs letter No. F.3-1/2009-U.1 dated 04.06.2009. As UGC grades of applicants were not in 6th Pay Commission pay scales, relevant fitment tables for applicants are Table 4 and 5. The applicants had requested the Administration to revise their pension in view of revised policy of GOI contained in OM dated 08.05.2015. 5. The applicants had also filed OAs in this regard and the Tribunal had directed that the representations of the applicants be decided by speaking orders. The speaking order passed in case of applicants No. 1-2 was not just. It still clings to the wrong policy of Government of India contained in OMs dated 1.7.2010/30.12.2010. The benefit as per revised policy dated 8.5.2015 has not been given to the applicants where minimum of pay in pay band was to be taken from fitment table No. 4 in case of applicants from 1-5 and from Table 5 in case of College Principal. As minimum pay of applicants, which entitles them to pension of Associate Professor is Rs. 16620, the sum of minimum pay and Grade Pay, as per Table 4, is Rs. 49890. Hence pension of Rs. 24945 is their entitlement. The minimum pay of Principal w.e.f. 01.01.1996 in pay scale of Rs. 16400-22400 was Rs. 17300. So minimum pension, as per Table 5 is Rs. 26060. The qualifying service of this applicant is less than 33 years. No cut can be imposed on this pension which is 50% of minimum of pay in pay band + Grade Pay thereon.
6. In the grounds for relief, it has, interalia been stated as follows:-
(i) Government of India writ runs large on pension of applicants. Chandigarh Administration is bound to adopt policy of Government of India. That is why, wrong policy of Government of India enunciated by OM dated 1.7.2010 was adopted in the garb of Punjab OM dated 30.12.2010 adopted by Administration on 18.01.2011(Annexure A-2). Now, the revised policy, whereby old policy has been withdrawn, has come into force. The benefit of instruction contained in OM dated 08.05.2015 cant be denied to applicants.
(ii) In M.O. Inasu Vs. UOI, CAT Ernakulam Bench, following R.K. Aggarwal, it was observed that In the light of above, the settled law is that in no case the pension of pre-2006 pensioners shall be lower than 50% of the minimum of the pay in the Pay Band plus Grade Pay thereon, corresponding to the pre-revised pay scale from which the pensioner had retired. It means that pension of pre-2006 retiree, has to be first calculated, taking into account the revised pay in the pay band plus Grade Pay corresponding to the pay scale from which he retired proportionate to the length of his service and then find what is 50% of minimum of pay band plus Grade Pay and fix higher of the two as his pension... This judgement became final by nod from Supreme Court of India.
7. In the written statement filed on behalf of the respondents, it has been stated that in respect of teachers and equivalent cadres in Universities and Colleges, there are separate pay scales recommended by the University Grants Commission (having time bound Senior Scale of Rs. 15600-39100+AGP 7000 (after 6 years with a relaxation of two years in case of Ph.D. and 1 year in case of M.Phil). Selection Grade of Rs. 15600-39100+AGP 8000 after five years service in Senior Scale and further enhancement to Selection Grade of Rs. 37400-67000+AGP 9000 after three years of service in Selection Grade of Rs. 15600-39100 + AGP 8000 which were made applicable w.e.f. 01.01.2006 and adopted by the Government of Punjab. Department of Higher Education vide Notification No. 10/3/09-3 Edu. 1/321 dated 02.09.2009 State Government (Annexure R-1). In respect of other categories of employees i.e except that of teachers working in Government Colleges/Universities, the pay scales recommended by the State Pay Commission and notified by the State Government are applicable. In respect of employees of Government of Punjab and UT Chandigarh, the Punjab Civil Services (Revised Pay) Rules, 2009 issued on 27.05.2009 (Annexure R-2) are applicable. Under schedule of these Rules dated 27.05.2009 (Annexure R-2), there is an initial higher start of pay than that of the total of Basic Pay + Grade Pay (which is due to fixation of the pay at the minimum level of old pay scale revised to the new pay scale as per formula adopted (i.e. Basic Pay (100%) + Dearness Pay (50%) and DA (24% of BP + DP) meaning thereby previous Basic Pay x 1.86 and rounded to next ten. After the implementation of Fifth Punjab Pay Scale, the Government of Punjab, Department of Finance vide Notification No. 3/23/09-3FPPC/885 dated 17.08.2009 (Annexure R-3) revised the pension of pre-01.01.2006 pensioners, family pensioners and recepients of extraordinary pensions and their pension was to be fixed under Rule 4.1 and Rule 4.2 of Notification dated 17.08.2009.
8. Rule 4.1 and Rule 4.2 of the Notification dated 17.08.2009 reads as under:-
Rule 4.1:
The pension/family pension of existing pre 01-01-2006 pensioners/ family pensioners will be consolidated w.e.f. 01-01-2006 by adding together:
I Existing pension/family pension II Dearness Pension, where applicable.
III Dearness Relief up to AICP (IW) average index 536 (Base Year1982=100) i.e. @ 24% of the Basic Pension/Family Pension plusDearness Pension as admissible IV Fitment weightage @ 40% of the existing pension / family pension Where the existing pension in (I) above includes the effect of merger of 50% of dearness relief w.e.f. 01-04-2004, the existing pension for the purpose of fitment weightage will be recalculated after excluding the merged dearness relief of 50% from the pension.
The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 01-01-2006 and will be noted as basic pension for the purpose of grant of Dearness relief from 01-01-2006.
Rule 4.2:
The fixation of pension will be subject to the provisionthat the revised pension, in no case, shall be lower than fiftypercent of the minimum of the pay in the pay band plus grade paycorresponding to the pre-revised pay scale from which thepensioner had retired. This will be reduced pro-rata if thequalifying service of the person falls short of 33 years.
{Later on, the Government of Punjab, Department of Finance vide letter No. 3/23/09-3FPPC/1358 dated 15.12.2011 (Annexure R-4), reduced the qualifying service as 25 years for full pension w.e.f. 01.12.2011} A table of revised pension based on revised pay scale + Academic grade pay effective from 01.01.2006 corresponding to the pre-revised pay scale as contained in the Notification No. 10/3/2009-Edu.1/3321 dated 02.09.2009 is reproduced as under:-
Sr. No. Name of the Post Existing Pay Scale Revised Scale of Pay
1.
Professor 16400-22400 37000-67000 + AGP 10,000
2. Lecturer 8000-13500 15600-39100 + AGP 6000
3. Lecturer (Sr. Scale) 10000-15200 15600-39100 + AGP 7000
4. Lecturer (Selection Grade/Reader with less than 3 years of service) 12000-18300 15600-39100 + AGP 8000
5. Lecturer (Selection Grade/Reader with 3 years of service) 12000-18300 37400-67000 + AGP 9000 Under Rule 4.1 and Rule 4.2 of Government of Punjab, Department of Finance Notification No. 3/23/09-3FPPC/885 dated 17.08.2009, the calculation of revised pension of applicant pre-01.01.2006 retiree College Lecturers/applicants is as under:-
Sr.No. Name of Retiree & PPO Number Date of Appointment & Retirementt Qualifying Service in years as in PPO Last Pay Drawn Existing Basic Pension in Rs.
Dearness Pension (50% of Basic Pension) Dearness Relief (24% of Basic Pay + DP) Fitment weightage (40% of BP) Revised pension under Rule 4.1 (i.e. existing pension x 2.26 Pre-Revised pay scale Corresponding Revised Pay Scale w.e.f. 1.1.2006Revised pension under Rule 4.2 i.e. 50% of sum of the mm moo PB (GP) Revised pension under Rule 4.2 i.e. 50% of sum of the min. Of PB(GP) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 1 Smt. Shashi Kanta, PGGCG-42,PPO No. 708550403541 DOA 20.11.1969 DOR 31.07.2004 33 18300 9150 4575 3294 3660 20679 12000-
18300 37400-67000 + AGP 9000 23200 2 Sh. Sham Kumar, PGGCG-11 PPO No. 708550402500 DOA 21.08.1972 DOR 30.09.2005 33 18300 9150 4575 3294 3660 20679 12000- 18300 37400-67000 + AGP 9000 23200 3 Smt. Usha Khetarpal PGGCG-11 DOA 01.08.1968 DOR 31.03.2004 33 18300 9150 4575 3294 3660 20679 12000- 18300 37400-67000 + AGP 9000 23200 4 Dr. Om Parkash Sood, PGGC-11 DOA 24.07.1970 DOR 31.12.2003 33 18300 9150 4575 3294 3660 20679 12000- 18300 37400-67000 + AGP 9000 23200 5 Dr. Suklsham Aggarwal, PGGC-11 DOA 06.08.1969 DOR 31.12.2003 33 18300 9150 4575 3294 3660 20679 12000- 18300 37400-67000 + AGP 9000 23200 6 Smt. Mohini Sharma DOA 20.11.1967 DOR 31.08.2002 32 20000 9654 4827 7143.96 3861.6 21818.6 16400- 22400 37400-67000 + AGP 10000 23700 The pension of applicant No. 6 (Mrs.) Mohini Sharma, Ex-Principal having been fixed erroneously at Rs. 23700 is required to be reduced on pro-rata basis (23700 x 32/33 = 229.81, say Rs. 230) due to the reason that she was having 32 years qualifying service instead of 33 years as required under the said provision. Therefore, after reducing pro-rata basis, her pension comes to Rs. 23700-230 = 23470 p.m. Speaking order passed by the Department in respect of applicant No. 6 is being reviewed to reduce her pension after taking into the period of qualifying service being 32 years. The applicants are relying upon the Government of India letter dated 08.05.2011 (Annexure A-11) which states that Revision of pension of pre-2006 pensioners/family pensioners etc. for faculty and other staff of Central Universities and Colleges thereunder and Deemed to be Universities whose maintenance expenditure is met by the UGC. This letter of Government of India is not applicable to the applicants as they had retired as Chandigarh Administration employees and not as employees of Central Universities /Colleges thereunder or Deemed University employees. The maintenance expenditure of Government colleges situated in UT Chandigarh is met by the Chandigarh Administration and not by the UGC. This letter is hence not applicable to the applicants till the same is specifically adopted by the Punjab Government and Chandigarh Administration also formally adopts it.
9. It is further stated that the Chandigarh Administration has adopted the Punjab Government letter dated 30.12.2010 vide letter dated 18.01.2011 and Punjab Government letter dated 22.02.2010 (Annexure R-6) regarding implementation of the recommendation of Fifth Punjab Pay Commission Revision of Pension of pre-1.1.2006 pensioners/family pensioners/recipients of extraordinary pension etc. vide letter dated 01.04.2010 (Annexure R-7) wherein it has been decided that the benefit of fixation of revised pension will be subject to the condition that a full pension, in no case shall be less than 50% of the initial pay shown in Column 8 of the Schedule of the Punjab Civil Services (Revised Pay) Rules, 2009 against relevant Pay Band and Grade Pay corresponding to the pre-revised scale of pay in which the pensioner had last worked. However, such pension will be suitably reduced pro-rata where the qualifying service of the person falls short of 33 years. The relief sought by the applicants in this OA had already been granted to the retirees vide Punjab Government letter No. 3/39/9-3EPPC/1568 dated 30.12.2010 duly adopted by the Chandigarh Administration vide No. 65/1/34-UTF II (12) 2011/384 dated 18.01.2011. Its copies have also been forwarded to all the concerned including the Accountant General (A&E), UT Chandigarh and Managers of Banks for further necessary action. It is wrong to assert that the policy of Government of India as contained in letter dated 08.05.2015 is applicable in the case of the applicants as they are not governed by Central Government rules but by Punjab Rules as applicable to UT employees. Hence, the OA filed by the applicants is misplaced and needs to be dismissed being devoid of any merit.
10. Arguments advanced by learned counsel for the parties were heard when learned counsel for the applicant reiterated the content of the OA and he also submitted his written arguments. He further stated that while there was no dispute regarding pay fixation of the applicants while they were in service, but their pension had not been correctly revised from 01.01.2006 onwards. He stated that the MHRD had issued letter dated 31.12.2008 to the Secretary, UGC on the subject of Scheme of revision of pay of teachers and equivalent cadres in universities and colleges following the revision of pay scales of Central Government employees on the recommendations of the Sixth Central Pay Commission. The State Governments including that of Punjab had adopted the revised pay scales for the college teachers in accordance with this circular. Para 8(g)(i) and (ii) related to pensioners read as under:-
(i) For teachers and other cadres in UGC maintained institutions in receipt of pension, the Central Government rules for pension and gratuity as applicable to Central Government employees shall be applicable. Recommendations of Sixth Central Pay Commission in respect of pension for Central Government employees, including eligibility for full pension i.e. 50% of average pay or last pay drawn whichever is higher after 20 years of qualifying service, shall be adopted for only those teachers and other cadres who are already on pension in Central Universities/Colleges and other institutions deemed to be universities coming under the purview of the UGC.
(ii) In view of the new pension scheme effective from 01.01.2004, no new cases of conversion to pension scheme shall be allowed. Hence, since the Punjab Government/Chandigarh Administration had accepted the UGC pay scales, they were also required to adopt the provision regarding pension and fixation of pension had to be done w.e.f. 01.01.2006 in accordance with letter No. 12-20/2015-U.I dated 08.05.2015 (Annexure A-11) addressed by MHRD to Secretary, UGC on the subject Revision of pension of pre-2006 pensioners/family pensioners etc. for faculty and other staff of Central Universities and Colleges thereunder and Deemed to be Universities whose maintenance expenditure is met by the UGC. As per this letter in those cases where the pre-revised pay scales were not available in the fitment table issued by Ministry of Finance OM dated 30.08.2008, the pension of pre-2006 pensioner was to be revised as per the fitment table issued by Ministry of HRD dated 04.06.2009. However, the Chandigarh Administration had wrongly applied the circular relating to the pensioners of the Punjab Government and the pension of the applicants had been fixed at a level lower than that of which they were entitled.
11. Learned counsel for the applicant also stated that while determining the pension payable to the applicants w.e.f. 01.01.2006, the corresponding pay of the applicants relating to the pay that they were drawing at the time of their retirement had to be determined as per table 4 of Notification dated 02.09.2009 (Annexure R-1) and on the basis of this pay as determined, the pension of the applicants had to be calculated w.e.f. 01.01.2006. Learned counsel also stated that Government of India had decided that full pension would be paid to pensioners who had qualifying service of 20 years or more when they retired and no pro-rata cut would be imposed on account of qualifying service being less than 33 years. In the case of the applicant No. 6, her qualifying service was 32 years but while fixing her pension and as evident from the written statement filed on behalf of the respondents, pro-rata cut is being imposed in respect of this applicant and she was not being given the full pension that she was entitled to keeping in view the fact that her service was in excess of 20 years.
12. Learned counsel for the respondents stated that the maintenance expenditure of the colleges run by Chandigarh Administration was not met by the UGC, but from the body of UT Chandigarh. He also referred to letter dated 22.02.2010 issued by the Government of Punjab on the subject of Implementation of the recommendations of the Fifth Punjab Pay Commission Revision of Pension of pre-01.01.2006 pensioners/family pensioners/recipients of extraordinary pension etc.. He stated that no separate circular had been issued in respect of college teachers and this circular was applicable to all pensioners of the Punjab Government. This circular had also been adopted by the Chandigarh Administration and pensioners were being paid from 01.01.2006 onwards in accordance with this circular. He asserted that although UGC scales were adopted and salaries paid accordingly to the college teachers in Punjab as well as UT Chandigarh, but the pension of these employees was determined as per this circular of 22.02.2010. The pay of the applicants at the time of their retirement had been taken into account and their revised pension determined in accordance with the fitment tables attached with this circular of 22.02.2010. As per letter dated 01.04.2010 (Annexure R-7), the Chandigarh Administration had adopted this circular of the Punjab Government. Regarding determination of qualifying service for pension, he stated that the decision to reduce the qualifying service for full pension to 25 years was taken by the Punjab Government in 2011 and had only prospective effect. It did not cover the pensioners of pre-01.01.2006 period. Learned counsel again asserted that the Chandigarh Administration was paying salaries and pensions to its employees in accordance with the Punjab Rules and not in accordance with the Government of Indias circulars.
13. I have carefully considered the pleadings of the parties, material on record and arguments put forth by learned counsel. It is self-evident that employees of the Chandigarh Administration including the college teachers/Principals are paid as per their counterparts in the Punjab Government. UGC scales are indeed applicable to the college teachers of the Chandigarh Administration as these have been adopted by the Punjab Government. However, so far as pensioners of the Punjab Government and Chandigarh Administration are concerned, they are covered by a single circular dated 22.02.2010 (Annexure R-6) and there are no separate instructions for determining the pension of the college lecturers. The letter dated 13.05.2015 (Annexure A-11) categorically applies to the faculty and other staff in Central Universities and colleges thereunder and Deemed Universities whose maintenance expenses are met by the UGC. The colleges of the Chandigarh Administration do not fall within this definition and hence letter dated 13.05.2015 cannot be pressed as being applicable to the college teachers. The claim of the learned counsel for the applicants that since letter No. 1-32/2006-U.II/U.I(i) dated 31.12.2008 relating to the revision of the pay of the teachers in Universities and colleges has been adopted by the Punjab Government/Chandigarh Administration and consequently the provisions regarding para 8 (g)(i) should also be applicable, is misconceived as the pensions are to be determined by the employer and not by the UGC which is not releasing any grant for this purpose to the Chandigarh Administration. The maintenance expenditure including for salaries and pensions of the colleges under the Chandigarh Administration is met by the Chandigarh Administration itself and not by the UGC. Hence, neither para 8 (g) (i) of letter dated 31.12.2008 or letter dated 13.05.2015 (Annexure A-11) can be pressed to further the cause of the applicants.
14. Taking a similar view in the matter, the plea regarding applicant No. 6 that pro-rata cut in pension not be imposed in her case since her qualifying service of 32 years was far in excess of the qualifying service of twenty years prescribed by the Government of India for drawing full pension for pre-01.01.2006 pensioners, cannot also be considered since the Punjab Government has reduced the qualifying service for full pension to 25 years, with prospective effect only from 2011 onwards.
15. Hence, in view of the discussion above, it is concluded that there is no merit in this OA and the same is rejected. No costs.
(RAJWANT SANDHU) MEMBER(A) Dated:
ND* 1 O.A.No. 060/00526/2016