Central Administrative Tribunal - Mumbai
D D Ramteke vs Deptt Of Posts on 7 February, 2025
1 OA No. 182/2024
Central Administrative Tribunal
Mumbai Bench: Mumbai
OA No.182/2024
This the 07th day of February, 2025
Hon'ble Mr. Justice M.G. Sewlikar, Member (J)
D. D. Ramteke, S/o Dayaram Ramteke,
age about 71 years, Occupation: Retired Govt.
Servant, R/o Plot No. 117, Yadav Nagar,
Nagpur- 440026.
-Applicant
(By Advocate Mr. R K Shrivastava)
Versus
1. Union of India, through Secretary
Ministry of Communication,
Dept. of Post, Dak Bhavan, New-Delhi-110001.
2. The Chief Post Master General, Maharashtra
Region, Mumbai- 400001.
3. The Post Master General, Vidarbha Region,
Shankar Nagar, Nagpur-440010.
4. The Director Postal Services,
O/o Post Master General,
Shankar Nagar, Nagpur- 440016.
5. The Senior Superintendent of Post Offices,
Nagpur City Division, Nagpur- 440001.
- Respondents
(By Advocate Mr. P H Khobragade)
2 OA No. 182/2024
ORAL ORDER
Per: Justice M.G. Sewlikar, Member (J)
Being aggrieved by the order of the respondents dated 21st April, 2023 and letter dated 18th April, 2023, the applicant has filed this OA for fixation of pension as per Rules with effect from 01st January, 2006.
2. Facts in brief are that the applicant was appointed as Peon in Railway Mail Service, Gondia on 16th August, 1969. He retired on superannuation on 28th February, 2002. At the time of retirement i.e. on 28th February, 2002, his basic pay was Rs. 5375/- in the scale of Rs. 4500-125-7000 as per the recommendations of 5th Central Pay Commission (CPC). The applicant's existing pension is Rs. 2641/-.
3. The Government of India constituted 6th CPC as per Para 4.1 of the D.O.P.& PW O.M. No. 38/37/08-P&PW(A) dated 01st September, 2008. The pension of existing pre- 2006 pensioners was fixed in the following manner:- 3 OA No. 182/2024
S. N. Fixation of The Remarks
Pension of calculation of
Pre-2006 Pension in
Pensioners case of
Applicant
i Existing 2641.00 w.e.f. 01-03-
2002
Pesnion
ii Dearness Pay 1320.50
[50% of (i)]
iii Dearness 950.76
Relief [ 24% of
Basic Pension
(Plus)
Dearness
Pension
Iv Fitment 1056.40
Weightage
40% of
existing
pension
V Total 5968.66 Pension of the
Say 5970/- Applicant
fixed as on 01-
01-2006.
4. As per Para 4.2 of the O.M. dated 01st September, 2008, (Annexure A-3), fixation of pay will be subject to the provision, that the revised pension shall not be less than 50% of the minimum of the Pay in the Pay Band Plus Grade Pay, corresponding to the Pre-revised Pay Scale from which the Pensioner had retired. The applicant has made the calculations as under:-
" i) Last Basic Pay drawn by the Applicant: Rs. 5375-00 4 OA No. 182/2024
ii) Dearness Pay [50% of (i) above] Rs. 2687-50
iii) Dearness allowance [24% of (i) and (ii) above Rs. 1935-00 Total Rs. 9997-50 Say Rs. 10,000-00
iv) Add Grade Pay Rs. 2,800-00
v) The Notional Pay as revised w.e.f.
01-01-2006 Rs. 12,800-00 vi) The Pension 50% of (v) Rs. 6,400-00
(Copy of the revised P.P.O. dated 20-03-2018, is filed herewith as Annexure A-8)
5. The applicant submits that he made representation to the respondents for fixation of Pay as per his calculations. The respondents rejected his representation vide Order dated 18th April, 2023. This order is under challenge.
6. Respondents filed their reply. They contend that as per Para no. 4.2, OM dated 01st September, 2008, pension of the applicant was revised in 6th CPC. In Para no. 4.2 of the said O.M., it is clearly mentioned that fixation of pay will be subject to the provision that the revised pension in no case, should be less than 50% of the minimum of the Pay in the Pay band plus Grade Pay & accordingly Rs. 5 OA No. 182/2024 8370/- + Rs. 2800/- Rs. 11,170/- is minimum Pay as per table No. 9), corresponding to the pre-revised Pay Scale from which the pensioner had retired. Half of Rs. 11,170/- comes to Rs. 5585/- which is less than the 50% of the minimum Pay which is Rs. 5970/- and, therefore, the applicant has been paid Rs. 5970/- as the pension. The respondents contend that the calculations made by the applicant are in violation of the directions in Para 4.2 of the O.M. dated 01st September, 2008.
7. I have heard learned counsel for the applicant and learned counsel for the respondents.
8. Learned counsel for the applicant submits that the existing pension Rs. 2641/- is admitted to both the parties. It is also not in dispute that the applicant was drawing Rs. 5375/- as the last pay. As per Fitment Table (Annexure A-4), the amount of revised basic pay comes to Rs. 12,800/- and half of it comes to Rs. 6400/- and, therefore, the applicant is entitled to Rs. 6400/- as basic pay.
6 OA No. 182/2024
9. Learned counsel for the respondents submits that Para 4.2 of the OM dated 01st September, 2008 states that fixation of pension will be subject to the provision that the revised pension in no case, should be less than 50% of the minimum of the Pay in the Pay Band plus Grade Pay, corresponding to the pre-revised pay scale from which the pensioner had retired. He submits that the minimum of the Pay in Pay Band is Rs. 4,500/-. As per Annexure A-4, Pay Band is Rs. 8,370/-, Grade Pay is Rs. 2,800/- and Revised Basic Pay is Rs. 11,170/-. He submits that this is the correct calculation and, therefore, the respondents fixed the pension of the applicant in this manner.
10. I have given serious consideration to the submissions made by the learned counsels on both the sides.
11. The entire case hinges on the interpretation of the Para 4.2 of the O.M. dated 01st September, 2008. This O.M. deals with Revision of Pension / Family Pension of Pre- 2006 Retirees. Para 4.2 reads thus:-
"4.2 The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifity per cent of the minimum of the pay in the 7 OA No. 182/2024 pay band plus the grade pay corresponding to the pre- revised pay scale from which the pensioner had retired."
12. What this Para says is that the fixation of pension, in no case, shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the petitioner had retired. It only says that the fixation of pension shall not be less than 50% of the minimum of the pay in the pay band plus the grad pay corresponding to the pre-revised pay scale from which the pensioner had retired. It does not say that even if any pensioner is drawing more pay than the minimum of the pay in pay band plus grade pay, pension shall be fixed in the minimum of the pay in the pay band plus grade pay. What the respondents have done is that despite the last pay pension Rs. 5375/-, the pension was drawn on the basis of minimum pay in the pay band plus grade pay. According to this Para, if a pensioner is getting less than the 50% of the minimum pay in the pay band plus grade pay, corresponding to the pre-revised pay scale from which the pensioner has retired, it shall be restored to 50% of the minimum pay. The respondents have incorrectly 8 OA No. 182/2024 interpreted the provision of Para 4.2 and has incorrectly fixed the pension. The respondents have fixed the pension in the following manner:-
Pre-revised Revised Pay
Basic Pay Pay in the Pay Grade Pay Revised Basic
Band Pay
4,500 8,370 2,800 11,170
13. This calculation is wrong. What the para 4.2 of the OM dated 01st September, 2008 says is that pension of any pensioner shall not be less than 50% of the revised basic pay i.e. Rs. 11,170/-. The respondents interpreted that the pensioner is entitled to fixation of pension on the basis of pre-revised basic pay Rs. 4,500/-, Grade Pay Rs. 2,800/- and the Revised Basic Pay Rs. 11,170/-. This is wrong calculation.
14. The Basic Pay of the applicant before 01st January, 2006 was Rs. 5375/-. There Pay in the Pay Band will be Rs. 10,000/- and Revised Basic Pay will be Rs. 12,800/- and Grade Pay will be Rs. 2,800/- as per Annexure A-4. This calculation is correct. Therefore, the Revised Basic Pay 9 OA No. 182/2024 of the applicant would be Rs. 12,800/-. 50% of it would be Rs. 6,400/-. Thus, the applicant will be entitled to the pension of Rs. 6,400/-.
15. The application is, therefore, allowed. Respondents are directed to fix the pension of Rs. 6,400/- as on 01st January, 2006 per month for 6th CPC and refix the pension as per 7th CPC. Accordingly, the pension of the applicant will have to be revised from 01st January, 2006. Respondents shall fix the pension in above manner and shall pay the arrears to the applicant.
16. This exercise shall be done within a period of four months from the date of receipt of a certified copy of this order.
17. Pending MAs, if any, stand closed. No costs.
(Justice M.G.Sewlikar) Member (J) 'nk' Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Nicky Phone= 319c15ca9eb1feefdf068e6ccd39ee295689 5f6f91a3b405297e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c Kumari 1f4f6f5bd93fc66bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
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