Central Administrative Tribunal - Delhi
Ram Roop Sharma vs Govt. Of Nctd on 3 January, 2022
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Item No. 15 O.A. No. 3070/2021
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 3070/2021
This the 03rd day of January, 2022
Through Video Conferencing
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Sh. Ram Roop Sharma (Retd. Vice Principal),
Age 79 Yrs. (Approx.),
S/o. Late Sh. R.N. Sharma,
R/o. C-2/203, Janak Puri,
New Delhi - 110058.
2. Sh. Ram Gopal Sharma (Retd. PGT),
Age 76 Yrs. (Approx.),
S/o. Late R.P. Sharma,
R/o. 1/7453, East Gorakh Park,
Shahdara, Delhi - 110032.
...Applicant
(By Advocate: Mr. Amit Sharma)
Versus
1. GNCT of Delhi,
Through its
Chief Secretary,
Delhi Secretariat, I.P. Estate,
New Delhi - 110002.
2. The Director of Education,
GNCT of Delhi,
Old Secretariat,
Delhi - 110054.
...Respondents
(By Advocate: Mr. H.A. Khan for R1 & 2 and
Mr. Aman Oberoi for Mr. H.K. Gangwani
for DoP&T)
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Item No. 15 O.A. No. 3070/2021
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman MA No.3705/2021 This application has been filed by the applicants seeking joining together in single application.
For the reasons mentioned therein, MA is allowed.
OA No.3070/2021
Present Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"(i) Re-fix the pension of the applicants as per VI CPC recommendations w.e.f. 01.01.2006 correctly while considering the relevant PB 3 + Grade Pay of Rs.5400 in up-graded, pre-
revised pay scale of Rs.8000-13500 applicable to the applicants. After VI CPC re-fixation, re-fix the pension of the applicant as per VII CPC recommendations w.e.f. 01.01.2016 in the correct pay Matrix.
(ii) Issue fresh PPO (Pension Payment Order) accordingly;
(iii) Pay the admissible arrears w.e.f. 01.01.2006 to update along with an interest of 18% PA.
(iv) Any other or further order the Hon'ble Tribunal deems fit and proper, may also be passed in favour of the applicant in the interest of justice along with the cost of litigation."
3Item No. 15 O.A. No. 3070/2021
2. Applicant No.1 retired on attaining the age of superannuation on 30.11.2002 from the post of Vice Principal and applicant No.2 retired on attaining the age of superannuation on 31.05.2005 from the post of PGT. The Govt. of India notified the CCS (Revised) Pay Rules, 2008 implementing the recommendations of VI CPC. The pay scales of the post of PGT/Vice Principal were upgraded with corresponding grade pay w.e.f. 01.01.2006. The grievance of the applicants, who are a pre-2006 retiree PGT is that their pension is required to be re-fixed with reference to the corresponding pay scale granted to their counterparts, i.e. Post-2006 retirees, in the correct corresponding Pay Band and Grade Pay w.e.f. 01.01.2006.
3. Department of Pension and Pensioners Welfare vide OM dated 11.02.2009 clarified that the said benefit would not be available to Pre-2006 pensioners. In support of his claim, the applicants relied on Full Bench decision of the Principal Bench of this Tribunal in OA No.655/2021 titled Dev Raj Goel vs. GNCT of Delhi wherein the aforesaid OM dated 11.02.2009 was quashed and parity was granted to both pre-2006 and post-2006 pensioners by directing that the 4 Item No. 15 O.A. No. 3070/2021 pension/family pension of all pre-2006 pensioners/family pensioners be re-fixed w.e.f. 01.01.2006. Thereafter, the Principal Bench of this Tribunal allowed OA No.2943/2017 filed by one of the pre-2006 retiree Principal, namely, Sh. J.D.Gupta, who sought re-fixation of his pension w.e.f. 01.01.2006 in accordance with the recommendation of 6th CPC, i.e., in the pre-revised upgraded pay scale of Rs.12000-375-16500 in PB-3 + Grade Pay of Rs.7600. The said order of the Tribunal was upheld by the Hon'ble High Court in a Writ Petition (C) No.2255/2019 filed by the Govt. of NCT of Delhi vide its judgment dated 23.04.2009 holding that despite various judicial pronouncement to the effect that pre- 2006 pensioners cannot be deprived of the revision in their pension in accordance with the recommendation of 6th CPC. The SLP (C) No.001020/2020 preferred before the Hon'ble Supreme Court was also dismissed. Hence, the decision of this Tribunal, as affirmed by the Hon'ble High Court of Delhi and Hon'ble Supreme Court, has attained finality. The applicants, therefore, submit that the benefit of the same ought to be extended to all similarly situated pre-2006 retirees. 5 Item No. 15 O.A. No. 3070/2021
4. In this regard, applicants have made various representations dated 07.06.2019, the latest one being dated 22.07.2020, to the respondents to extend the benefit of the aforesaid decision to them, but of no avail. Hence the OA.
5. At the outset, the learned counsel for applicants submit that applicants would be satisfied if a time bound direction is given to the respondents to redress their grievance raised in the various representations filed by them on 07.06.2019 (Annexure A-6), latest being dated 22.07.2020 (Annexure A-8).
6. Sh. H.A.Khan, learned counsel for respondents No.1 & 2 has no objection to the aforesaid submission. However, Sh. Amand Oberoi for Sh. H.K.Gangwani, learned counsel appearing for DOP&T submits that DOP&T is not a necessary party and hence it may be deleted from the array of parties, which is not opposed by the learned counsel for applicant. Hence the prayer to delete the DOP&T from the array of parties is allowed. Learned counsel for applicants is directed to amend the cause title accordingly by deleting DOP&T. 6 Item No. 15 O.A. No. 3070/2021
7. In view of the above, the OA is disposed of at the admission stage itself, without expressing any opinion on the merits of the case, with a direction to the respondents to decide the pending representations dated 07.06.2019 (Annexure A-6) and 22.07.2020 (Annexure A-8), within a period of three months from the date of receipt of a copy of this order, by passing a reasoned and speaking order, under intimation to the applicants. While doing so, the respondents shall also take into the account decisions of this Tribunal in OA No.655/2021 (Full Bench) and in OA No.2943/2017 (Division Bench).
There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
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