Central Administrative Tribunal - Madras
M Panchapakesan vs M/O Personnel,Public Grievances And ... on 31 March, 2023
1 OA No.310/00421/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00421/2021
Dated Friday the 31st day of March Two Thousand Twenty Three
CORAM :
HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
1. M. Panchapakesan
2. T. Gopalan
3. N. Govindarajulu
4. S. Rathinasamy
5. P. Kaliyamurthi
6. S. Ramachandran
7. N. Nagavel
8. N. Kailasam
9. K. Chinnaiyan
10. T. Ramadoss ... Applicants
By Advocate M/s. R. Malaichamy
Vs
1. Union of India
Rep. by the Secretary
Ministry of Personnel, PG & Pension
Department of Pension & Pensioner's Welfare
Government of India
New Delhi - 110 001.
2. The Secretary
Ministry of Communications & IT
Department of Posts
Dak Bhawan, Sansad Marg
New Delhi - 110 001.
3. The Chief Postmaster General
Tamil Nadu Circle
Anna Salai
Chennai - 600 002.
2 OA No.310/00421/2021
4. The Postmaster General
Central Region (TN)
Tiruchirappalli - 620 001.
5. The Senior Superintendent of Posts
Thanjavur Division
Thanjavur - 613 001.
6. The Superintendent of Posts
Kumbakonam Division
Kumbakonam - 612 001.
7. The General Manager
Postal Accounts and Finance
Ethiraj Salai
Chennai - 600 008. . .. Respondents
By Advocate Mr. M. Kishore Kumar
3 OA No.310/00421/2021
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicants have filed this OA seeking the following reliefs:
"1. To call for the records of the 3rd respondent pertaining to his order which is made in (1) Memo No. APA/86-1030/2016 dated 28.11.2016 (2) the order of the 5th respondent made in No. LC/CAT OA 346/2017 dated 15.10.2019 and the orders of the 6th respondent made in (I) C/OA/310/346/2017 dated 18.10.2019 and (ii) C/Misc/OA/310/346/2017 dated 04.02.2020 and set aside the same; consequent to,
2. direct the respondents to re-fix the pension of the applicants from 01.01.2006 applying the principle of full parity and extend the benefit of Judgment of the Principal Bench of this Hon'ble Tribunal made in O.A. No. 1165 of 2011 and batch cases dated 21.04.2015 and further direct the respondents to revise and re-fix the pension of the applicants from 01.01.2006 and pay the arrears of the same to them; and
3. To pass such further or other orders as this Tribunal may deem fit and proper in the circumstances of the case."
2. The brief facts of the case in nutshell is as follows:
The applicants are pre 2006 pensioners, retired from services of the respondents Postal Department. The grievance of the applicants is that there is disparity and discrimination noticed in their pension from 01.01.2006 when comparing to post 2006 pensioners as per the recommendations of 6th Central Pay Commission. In a similar matter the 4 OA No.310/00421/2021 Principal Bench in OA 1165/2011 and batch cases has allowed the OA by order dated 21.04.2015 and the SLP and review filed by the respondents therein were also dismissed. Hence the applicants made representation to the 3rd respondent requesting to extend the benefit of the Judgment made in OA 1165/2011 and batch cases. Since there was no reply they filed OA 532/2016 and it was disposed of by an order dt. 21.03.2016. But the 3rd respondent rejected the claim of the applicants by an order dated 28.11.2016. Hence, the applicants again filed OA 346/2017 and it was disposed, but the respondent reiterated their earlier order. Hence the applicants filed this OA seeking the above relief.
3. The respondents have entered appearance through their counsel and filed a detailed reply statement. It is stated that the Govt. of India vide its OM dated 06.04.2016 had delinked the qualifying service of 33 years thus deleting para 5 of OM dated 28.01.2013. The revised pension as on 01.01.2006 has bee fixed by taking the maxim um of pension arrived by means of Para 4.1 and Para 4.2 of OM dated 01.09.2008 and the fitment table annexed to OM dated 28.01.2013. Para 4.2 of OM dated 01.09.2008 speaks about that under no circumstances the minimum of the pension should not be less than 50% of minimum of the corresponding pay band plus grade pay applicable to the pre-revised scale of pay (Pay Scale in 5 th CPC). It is further stated that the pension of the applicants has been correctly fixed as per para 4.1 of the DOPT OM No.38/37/08-P&PW(A) 5 OA No.310/00421/2021 dated 01.09.2008 and as amended from time to time. The revised pension calculated as per 4.2 (para 4.24) is not beneficial to the applicants with reference to pension which was already fixed by Postal Accounts Office, Chennai. The pension already fixed as per para 4.1 of the Department of Pension and Pensioners' Welfare OM No. 38/37/08-P&PW(A) dated 01.09.2008 is beneficial to them. Hence it is stated that no revision is required. Hence the respondents pray for the dismissal of the OA.
4. The applicants have filed rejoinder and the respondents have filed reply to the rejoinder in the OA.
5. Heard both the counsels and perused the OA and other connected records.
6. When matter is taken up for hearing, learned counsel for the applicant submits that this matter is squarely covered by the orders passed by this Tribunal in OA 1221/2017 dt. 23.09.2022 and OA 802/2018 dt. 15.02.2023. The relevant portion of the order in OA 1221/2017 reads as under:
"12. It is to be noted that the respondents have no case that the service condition of the applicants is not covered by the CCS Pension Rules, 1972 and CCS (Extraordinary) Pension Rules. There is no distinction between persons drawing different types of pension under CCS Pension Rules, 1972. Hence the OA on hand is identical and similar to the cases cited supra and judgment made in the above cases are binding on the issue on hand. Following the same ratio, in the interest of justice, and as the applicants herein are entitled for the same relief, the present OA is also allowed with the following direction without expressing any different views:6 OA No.310/00421/2021
"The impugned order dated 19.04.2017 passed by the 4th respondent is hereby quashed and set aside. The respondents are directed to refix the pension of the applicants w.e.f 01.01.2006 with reference to the replacement pay scale, i.e., Pay Band-2 (Rs.9300-34800) with Grade Pay Rs.4600/- as applicable to all HSG-I officials in service after 01.01.2006, i.e., Sl.14 of the fitment table circulated along with DOP&PW OM No.F.No.38/37/08-P&PW(A) dated 28.01.2013 instead of Sl.13 of the OM dated 28.01.2013 as modified by OM No.38/33/12-P&PW(A) dated 04.01.2019 along with consequential benefits, within a period of three months from the date of receipt of a certified copy of this order. In case, the amount is not paid within a period of three months, then without prejudice to any other remedy that the applicant may have, the amount shall carry interest at the rate of 9% per annum.
13. The OA is allowed as above. No order as to costs."
7. In view of the above, the issue in this matter is no more res integra and it is squarely covered by the orders passed by this Tribunal in OA 1221/2017 dated 23.09.2022 and OA 802/2018 dated 15.02.2023. In view of the same, the impugned orders dated 28.11.2016, 15.10.2019, 18.10.2019 and 04.02.2020 passed by the 3rd, 5th and 6th respondents are hereby quashed and set aside. The respondents are directed to re-fix the pension of the applicants w.e.f 01.01.2006 applying the principle of full parity and extend the benefit of Judgment of the Principal Bench of this Tribunal in OA 1165/2011 and batch cases dated 21.04.2015 and further the respondents are directed to revise and re-fix the pension of the applicants from 01.01.2006 and pay the arrears along with consequential benefits, within a period of three months from the date of receipt of a 7 OA No.310/00421/2021 certified copy of this order. In case, the amount is not paid within a period of three months, then without prejudice to any other remedy that the applicants may have, the amount shall carry interest at the rate of 9% per annum.
8. OA is disposed of with the above directions. No order as to costs.
(Lata Baswaraj Patne) Member (J) 31.03.2023 AS