Telangana High Court
Union Of India vs M.V. Rama Manohar Rao on 26 July, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION NO.15876 OF 2024
ORDER :(Per the Hon'ble Sri Justice Laxmi Narayana Alishetty) This writ petition is filed seeking to issue an order or direction in the nature of writ of certiorari calling for the records pertaining to order, dated 13.12.2023 in O.A.No.146 of 2022 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, 'the Tribunal') and quash and set aside the same as unjust.
2. Heard Smt. L.Pranathi Reddy, learned Senior Standing Counsel for Central Government appearing for petitioners. None appeared for the respondent.
3. The brief facts of the case are that respondent was appointed on 29.09.1976 as Ticket Collector in the Commercial Department of South-Central Railway, Secunderabad Division and progressed to the level of Travelling Ticket Examiner (TTE) and while so, he was removed from service for his long unauthorized absence from duties w.e.f. 11.10.1993 pursuant to AKS,J & LNA,J WP No.15876 of 2024 2 the departmental proceedings conducted in connection with unauthorized absence from duties. Respondent earlier approached the Tribunal by filing O.A.No.1078 of 2018 and the Tribunal was pleased to allow the said O.A., vide order dated 25.06.2019; that pursuant to the order dated 25.06.2019, respondent was granted minimum pension as Compassionate Allowance with arrears for a period of three years prior to filing of O.A., and accordingly, compassionate allowance of Rs.3,500/- plus Dearness Relief was sanctioned from 11.10.2015 to 31.12.2015 as per VI Central Pay Commission and thereafter, Rs.9,000/- w.e.f. 01.01.2016 as per VII Central Pay Commission.
4. The contention of the respondent is that as the grade pay attached to the post of TTE has been upgraded from Rs.2,400/- to Rs.2,800/-, he is entitled for revision of compassionate allowance at 50% of the minimum pay in the Level-5 of the Pay Matrix corresponding to the grade pay of Rs.2,800/-. Therefore, he submitted application dated 14.07.2021 seeking revision of his pension, however, the said application was rejected by the petitioners vide letter dated 23.07.2021 in terms of RBE Circular AKS,J & LNA,J WP No.15876 of 2024 3 No.120/2011, dated 06.09.2011. Aggrieved by the said rejection letter dated 23.07.2021, the respondent approached the Tribunal by filing O.A.No.146 of 2022 and sought a direction for re-fixation of compassionate allowance we.f., 01.01.2016 and to pay the arrears. The Tribunal was pleased to allow the said O.A., vide order dated 13.12.2023 by setting aside the impugned letter dated 23.07.2021 and directed the petitioners to issue revised PPO to the respondent within a period of three months.
5. Aggrieved by the order, dated 13.12.2023 passed by the Tribunal in O.A.No.146 of 2022, the present writ petition is filed.
6. The learned senior standing counsel appearing for petitioners had contended that the rejection order dated 23.07.2021 was issued in consonance with the guidelines contained in RBE Circular No.120/2011, dated 06.09.2011, which inter alia states that the revision of pension/family pension does not apply to those employees, who received compulsory retirement pension and compassionate allowance. She further contended that once the compassionate allowance sanctioned is revised like normal pension, the very purpose of disciplinary AKS,J & LNA,J WP No.15876 of 2024 4 action will be defeated and becomes a precedence to many such similar cases. She further contended that Tribunal on an erroneous appreciation of facts and law, allowed the O.A.No.146 of 2022 by relying on the Office Memorandum, dated 14.06.2022 issued by the Director of Department of Pension & Pensioners' Welfare, which is not even in existence while considering the representation of the respondent dated 14.07.2021. However, the Tribunal considering the subsequent office memorandum allowed the O.A., which is contrary to various circulars issued by the Railways and the same is liable to be set aside by allowing the writ petition.
7. It is relevant to note that pursuant to VII Central Pay Commission recommendation, the Government of India issued Office Memorandum dated 04.08.2016 for revision of pension of pre-2016 pensioners/family pensioners etc. The respondent submitted representation dated 14.07.2021 for revision of his pension and the same was rejected. Aggrieved by the rejection letter dated 23.07.2021, the respondent approached the Tribunal vide O.A.No.146 of 2022. While the said O.A., was pending AKS,J & LNA,J WP No.15876 of 2024 5 adjudication, Office Memorandum dated 14.06.2022 was issued revising pension/family pension of pensioners drawing compulsory retirement pension or compassionate allowance after compulsory retirement/dismissal/removal from service.
8. At this stage, it is relevant to extract the relevant paragraphs of the Office Memorandum, dated 14.06.2022.
"4. Based on representations received from some pensioners and also some court decisions in this regard, the matter has been re-considered in consultation with Department of Expenditure. It has now been decided that the provisions contained in this Department's OMs No.45/86/97-P&PW(A)-Part-III dated 10.02.1998 and No.45/10/98-P&PW(A) dated 17.12.1998 regarding revision of pension/family pension after 5th CPC, para 4.2 of this Department's OM No.38/37/08-P&PW(A), dated 01.09.2008 (as amended/clarified from time to time) regarding revision of pension/family pension after 6th CPC and this Department's OM No.38/37/2016-P&PW(A), dated 12.05.2017 regarding revision of pension/family pension after 7th CPC by notional fixation of pay, would also be applicable for revision of pension/family pension in respect of pensioners who were drawing compulsory retirement pension or compassionate allowance. Accordingly, pension/ family pension of such pensioners/family pensioners shall be revised w.e.f. 01.01.1996, 01.01.2006 and 01.01.2016 in accordance with the aforesaid orders issued for revision of AKS,J & LNA,J WP No.15876 of 2024 6 pension of the pre-1996, pre-2006 and pre-2016 pensioners/ family pensioners, respectively.
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8. All Ministries/Departments are requested to revise the pension/family pension w.e.f. 01.01.1996, 01.01.2006 and 01.01.2006 (as may be applicable) in respect of the pensioners who were sanctioned compulsory retirement pension or compassionate allowance accordingly."
9. The Tribunal, taking into consideration the Office Memorandum, dated 14.06.2022, especially paragraphs - 4 and 8 and also relying upon the decision of Central Administrative Tribunal of Ernakulam Bench in O.A.No.923 of 2019 dated 29.09.2022, allowed O.A.No.146 of 2022 vide order dated 13.12.2023. The issue involved in O.A.No.923 of 2019 is similar to that of the present case and the Central Administrative Tribunal, Ernakulam Bench, following the Office Memorandum dated 14.06.2022 allowed the said O.A., and granted relief to the applicant therein.
10. In view of the above discussion and in the light of Office Memorandum, dated 14.06.2022, this Court is of the considered view that the respondent is entitled to revised pension as per the AKS,J & LNA,J WP No.15876 of 2024 7 Office Memorandum, dated 14.06.2022 and the Tribunal was justified in allowing the O.A.No.146 of 2022 vide order dated 13.12.2023 directing the petitioners herein to issue revised PPO to the respondent. The petitioners failed to point out any illegality or irregularity in the impugned order. Therefore, this Court is not inclined to interfere with the impugned order passed by the Tribunal.
11. Accordingly, the Writ Petition fails and is accordingly dismissed. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J __________________________________ LAXMI NARAYANA ALISHETTY, J Date: 26.07.2024 kkm