Central Administrative Tribunal - Chandigarh
Kailash Chander Verma Son Of Sh. Atam ... vs Union Of India on 27 November, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO. 830 -HR of 2012
Chandigarh, this the 27TH day of November , 2012
CORAM:HONBLE MR. JUSTICE S.D.ANAND, MEMBER(J)
1. Kailash Chander Verma son of Sh. Atam Parkash aged 67 years, Accounts Officer (Retired) R/o # 8-D, Ram Nagar, Ambala, Cantt.
2. Sat Paul Ghand s/o Sh. Shanti Sarup aged 69 years, Section Supervisor (Retd.), R/o # 173, B.C. Bazar, Ambala Cantt.
3. Shiv Chander Kumar s/o Sh. Kanshi Ram, aged 73 years, Sr. Supervisor (Retd.), R/o of # 1212/1, Bengali Mohalla, Ambala Cantt.
4. Iqbal Singh Bhatia s/o Sh. Ram Singh aged 68 yeas, Head Sorter (Retd), R/o # 3824/1, Kacha Baar, Ambala Cantt.
5. Subash Chander s/o Sh. Des Raj Malhota, aged 68 years, HSG-1 (Retd.) R/o # 4, Amar Nagar Near Raja Park, Ambala Cantt.
6. Bhajan Singh s/o Sh. Kartar Singh, aged 67 years, HSG-I (Retd.) r/o # 114-B, Gobind Nagar, Ambala Cantt.
7. Kulwant Singh s/o Sh. Uttam Singh aged 71 years, Group-D (Retc) R/o of Village and P.O. Lalru, Tehsil Dera Bassi, District Mohali.
8. Sham Dass s/o Sh. Chanan Dass, aged 68 years, HSG-II(Retd) r/o # 1106/11, Milap Nagar, Ambala Cantt.
9. Krishan Lal Wassan s/o Sh. Parma Nand Wassan, aged 68 years, Asstt. Director (Postal) (Retd.) R/o H. NO. 15, Indra Enclave, Sec. 21-D, Faridabad (Haryana).
10. Ujagar Singh s/o Sh. Gajinder Singh, aged 68 years, HSG (Retd) R/o # 10, Lajpat Nagar, Jalbehra Road, Ambala City.
11. Gurcharan Singh son of Sh. Sita Ram, aged 74 years HSG-II (Retd) r/o # 12, Durga Nagar, Ambala Cantt.
12. Joginder Singh Malhotrs s/o Sh. Lal Singh aged 73 years, Sr. PA (Retd) r/o # 106-B/2, Gobind Nagar, Ambala Cantt.
13. Ramesh Chand Sharma s/o Sh. Narata Ram Sharma, aged 71 years, PRI-P (Retd) r/o # 40-B, Raja Park, Ambala Cantt.
14. Ramesh Chand s/o Sh. Ram Lok, aged 66 years, LSG BCR-II (Retd) r/o # 24, Amar Nagar, Ambala Cantt.
15. Ramjit Dass s/o Sh. Baby Ram aged 69 years, Sub Postmaster (Retd) r/o Vill & P.O. Khuddan Kalan Via Saha, P.O District Ambala.
16. Madan Mohan Sharma s/o Sh. Gopal Dass, aged 71 years, Section Supervisor (Retd) r/o # 72, Palam Vihar-D, Ambala Cantt.
17. Amrit Pl Ahluwalia s/o Sh. Harbans Lal aged 80 years, Section Supervisor (Retd) r/o # 90/1-B , Gobind Nagar, Ambala Cantt.
18. Sukh Pal Chopras s/o Sh. Banarsi Dass Chopra aged 79 years, Section Supervisor (Retd) r/o # 14-C , Shiv Partap Nagar, Near Daayal Bagh Chowk, Ambala Cantt.
19. Ved Parkash s/o Sh. Asa Ram aged 68 years, Sorting Assistant (Retd) r/o # 1772, Kacha Baar, Moti Mandir Ambala Cantt.
20. Sohan Lal Paul s/o Sh. Shankar Dass aged 77 years, Sr. Accounts Officer (Retd) r/o # 657, Kaki Pind, P.O. Dakoha , Jalandhar.
21. Resham Lal Supran s/o Sh. Chhajju Ram, aged 73 years, Postal Assistant (Retd) R/o # 733/25, New Santokhpura, Jalandhar.
22. Gurbax Singh s/o Sh. Lal Sngh, aged 70 years, P.A. LSG (Retd.) R/o # 119, New Defence Colny, P.O. PAP Lines, Jalandhar.
23. Tarlok Singh s/o Sh. Banta Singh, aged 67 years, Supdt. PSD (Retd) R/o Plot no. 5, Army Enclave, Ph. I, Dheena P.O., Janandhar Cantt.
24. Gurmit Chand Bangar s/o Sh. Ballo Ram, aged 71 years, P.A. (Retd) R/o # 629, Gali NO. 4, Mohalla Subhash Nagar, Hoshiarpur.
25. B.D. Mahey s/o Sh. Mehnga Ram, aged 69 years, Asstt. Superintendent of P.O. (Retd.) R/o # B-11/238/4, Kot Ram Dass, P.O Chogitti, Jalandhar City.
26. Uttam Chand s/o Sh. Kartar Chand, aged 69 years, P.A. (Retd.) r/o Vill. Atalgarh, P.O. Bassi Daulat Khan, Dist. Hoshiarpur.
27. Chander Mohan Madan s/o Badri Nath Madan, aged 70 years, Asstt. Supdt. RMS (Retd.) R/o # 3821, Gali NO. 3, Duga Puri, Haibowal Kalan, Ludhiana.
28. Hardeep Singh s/o Sh. Hazara Singh, aged 69 years, P.A. (Retd.) r/o Vill. Sander, P.O. Behrampur, Tehsil and DistrictGurdaspur.
29. Lashkar Singh Lakha s/o Sh. Banta Ram, aged 72 years, Sorting Assistant (Retd.) R/o vill. & P.O. Jauaa Via Tanda, District Hoshiarpur.
APPLICANTs
BY ADVOCATE: SHRI MANOHAR LAL
VERSUS
1. Union of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pensions and Pensioners Welfare, Lok Nayak Bhawan , New Delhi 110003 though its Secretary.
2. Secretary, Govt. of India, Ministry f Finance, Department of Expenditure, New Delhi.
3. Secretary, Govt. of India, Ministry of Telecommunications and Information Technology, Department of Posts, Dak Bhawan, New Delhi 110001
4. Chief Post Master General, Punjab Circle, Chandigarh.
5. Chief Post Master General, Haryana Circle, Ambala.
RESPONDENTS
BY ADVOCATE: SH. SANJAY GOYAL PROXY FOR MRS. JYOTI CHOUDHARY, FOR RESPONDENTS 1-4
SH. DEEPAK AGNIHOTRI, FOR RESPONDENT NO. 5.
ORDER (Oral )
HONBLE MR. JUSTICE S.D.ANAND, MEMBER(J):-
1. The controversy raised herein pertains to the validity or otherwise of the compartmentalisation of pre-2006 and post-2006 retirees, for the purpose of release of pensionery benefits in pursuance of the accepted of recommendations of the Pay Commission.
2. This facet of the controversy came to be adjudicated upon by this Bench in the disposal of O.A. NO. 982-PB-2011 ( Surinderjit Sharma & Ors. Vs. UOI & Ors.) decided on 15.5.2012. At an earlier occasion, an adjudication of this category came about at the hands of the learned Principal Bench of the Tribunal in O.A. NO. 655/2010 ( Central Government SAG ( (S-29) Pensioners Association through its Secretary & Ors. Vs. UOI & Ors.) decided on 1.11.2011 (Annexure A-7) as also a learned Division Bench of this Tribunal in O.A. NO. 509/CH/2011 (Association of Retired Officers of Indian Audit & Accounts Department & Ors. Vs. UOI & Ors.) and O.A. No. 811/CH/2011 ( Tirath Ram Garg & Ors. Vs. UOI & Ors.) decided by a common order on 23.3.2012.
3. A conjunctive perusal of the pleadings raised by the parties herein as also the parties in the various O.As quoted in the course of preceding para of this order, would indicate the identical character of the controversy. That the view obtained by the Tribunal in all the quoted O.As was supportive of the claim raised by the applicant herein is apparent from a perusal of the relevant documentation.
4. On point of fact, it is not even the averment during the course of hearing that the view obtained either by the learned Principal Bench or this Bench had been varied either in judicial review challenge or an SLP by the Honble Apex judicial dispensation.
5. The learned Sr. CGSC, appearing on behalf of respondent no.5 very fairly states that although a judicial review challenge filed against a similar view obtained by a learned D.B. of this Tribunal in O.A. NO. 45-HR-2012 ( Atma Singh & Ors. Vs. UOI & Ors) decided by a common order on 23.3.2012, is pending consideration at the hands of Punjab & Haryana High Court in CWP No. 22510 of 2012 (Union of India & Ors. Vs. Atma Singh), no stay had been granted therein.
6. In the light of the view obtained in by the learned D.B. of this Tribunal in O.A. NO. 509/CH/2011 (Association of Retired Officers of Indian Audit & Accounts Department & Ors. Vs. UOI & Ors.), O.A. No. 811/CH/2011 ( Tirath Ram Garg & Ors. Vs. UOI & Ors), O.A. No. 45/HR/2012 ( Atma Singh & Ors. Vs. UOI & Ors) decided by a common order on 23.3.2012, this O.A. shall stand allowed. The view obtained by the competent authority in treating pre-2006 and post-2006 differently is held to be invalid and stands quashed. The pension of the applicant shall be fixed accordingly and the relevant monetary benefits be disbursed to the applicant within three months from today.
7. It is to state the obvious that the allowance of this O.A. would be subject to the view which may be obtained in judicial review jurisdiction.
8. Disposed of accordingly.
(JUSTICE S.D. ANAND) MEMBER(J) Dated: 27.11.2012 Chandigarh.
`SK 1 (OA No. 830-HR-2012)