Central Administrative Tribunal - Ernakulam
N.R.Purushothaman Pillai vs Pay & Accounts Officer (Revenue) on 12 June, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
ORIGINAL APPLICATION NO. 1135 of 2013
Friday this the 12th day of June, 2015
CORAM
Hon'ble Mr. Justice N.K.Balakrishnan, Judicial Member
Hon'ble Mr. R.Ramanujam, Administrative Member
N.R.Purushothaman Pillai
Enforcement Officer (Retd)
Madhavam, Kuzhivila Lane,
Pappanamcode,
Thiruvananthapuram.18. . . . Applicant
(By Advocate Mr. C.S.G. Nair)
Versus
1 Pay & Accounts Officer (Revenue)
RFA Barracks, Church Road,
Hutments, New Delhi.
2 The Chief Controller,
Central Pension Accounting Office,
Trikoot II Complex, Bhikajicama Place,
R.K.Puram, New Delhi 110066.
3 Additional Director,
Directorate of Enforcement,
Shasthri Bhawan, No.26, Haddows Road,
3rd Floor, 3rd Block, Chennai 6.
4 Union of India, represented by its Secretary
Department of Pension & Pensioners Welfare
South Block, New Delhi 110 001.
. . . Respondents
(By Advocate Mr. K.G.Muraleedharan, ACGSC)
This application having been finally heard on 1.6.2015, the Tribunal
on 12.6.2015 delivered the following:
ORDER
Per: Justice N.K.Balakrishnan, Judicial Member Challenge in this OA is the inadequacy of the pension granted to the applicant. He retired as Enforcement Officer from the third respondent's office on superannuation on 30.6.1990. His pension was originally fixed at Rs. 1214/- and it was later revised to Rs. 3669/- w.e.f. 1.1.1996. On the basis of the recommendations of the 6th Central Pension Commission (CPC) the pension of pre- 2006 retirees was revised w.e.f. 1.1.2006. Based on the same the applicant submitted a representation to the third respondent for revising his pension and family pension vide Annexure.A.2. Another representation vide Annexure.A.3 was also submitted by him. As per Annexure.A.4 the applicant's pension was fixed at Rs. 8293/- we.f. 1.1.2006. The applicant again submitted Annexure.A.5 representation dated 20.8.2013 to which no reply was received.
2. The applicant contends that as per Annexure.A.4 his Pay Band was shown as 9300-34800 and Grade Pay was Rs. 4200/-. As per CCS (Revised Pay) Rules, 2008 the pay of Enforcement Officer was revised to the Pay Band Rs. 9300-34800 with a Grade Pay of Rs. 4800/- and as per the fitment table, the minimum pay in the revised pay band of Enforcement Officer is Rs. 13950/- with a Grade Pay of Rs. 4800/-. Thus the applicant contends that his pension should be not less than 50% of the same and as such his monthly pension should Rs. 9375/- and the family pension should be 30% of Rs. 18750/-. The applicant contends that the plea taken by the respondents based on OM dated 1.9.2008 was the subject matter in OA No. 655/2010 on the file of the Principal Bench of this Tribunal wherein it was held that the government functionary cannot alter in the garb of clarification at their own level without referring the matter to the Cabinet and hence the respondents were directed to revise the pension as per resolution dated 29.8.1998. The said order passed by the Principal Bench was confirmed by the Hon'ble High Court of Delhi in WP(C) No.1535/2012 and connected cases. Though the respondents filed SLP before the Hon'ble Supreme Court that was dismissed. The revised pension payment order issued by the respondents is not in conformity with the decision of the Hon'ble High Court of Delhi which was upheld by the Hon'ble Apex Court. Hence the applicant is entitled to have his monthly pension re-fixed at Rs. 9375/- .
3. The respondents filed reply statement contending as follows.
4. The applicant retired from service as Enforcement Officer on 30.6.1990. At the time of retirement his pay scale was Rs. 200- 60-2300-75-3200 as on 1.1.1986. It was revised as per the 5 th Central Pay Commission. Consequent to the implementation of 6th CPC the applicant's pay scale was revised by the Government of India with pay band 9300-34800 with grade pay of Rs. 4200/-.as can be seen from the revised pension order - R1(B). Thus the respondents contend that the applicant is not entitled to get his pension refixed as sought for in this OA.
5. The point for consideration are whether the applicant is entitled to have his pension re-fixed at Rs. 9375/- per month and whether the family pension should be fixed at Rs. 30% of 18750/-?
6. We have gone through the documents/annexures filed by the parties. We have also heard the learned counsel for the applicant and the respondents.
7. It is not disputed that the applicant is entitled to have his pension re-fixed as per the provisions contained in the 6th Central Pay Commission. It is also not in dispute that the Principal Bench of this Tribunal held as follows:
'The settled law is that in no case, the pension of per 2006 pensioners shall be lower than 50% of the minimum of the pay in the pay band plus grade pay thereon corresponding to the per revised pay scale from which the pensioner had retired. It means that pension of a per 2006 retiree has to be first calculated taking into account, the revised pay in the pay band plus grade pay corresponding to the pay scale from which he retired proportionate to the length of his service and then find what is 50% per cent of the minimum of the pay band plus grade pay and fix higher of the two as his pension'.
Therefore the pre-2006 retiree is entitled to get 50% of the minimum of the pay in the revised pay band plus grade pay of the post from which he retired. Admittedly the applicant retired as Enforcement Officer on superannuation. Though the order passed by the Principal Bench of this Tribunal was challenged before the Hon'ble High Court that Writ Petition was dismissed. The SLP filed by the respondents against the judgment of the Hon'ble High Court was also dismissed. Therefore, the applicant being a pre-2006 retiree, is entitled to 50% of the minimum of the revised pay band plus grade pay of the post from which he retired, as his pension. The same view was taken by this Tribunal in similar cases vide OA 715/2012 and OA 1051/2012. It is not disputed that the pay of the Enforcement Officer was revised to pay band Rs. 9300-34800 with a grade pay of Rs. 4800/-. It is also not disputed that as per the fitment table Annexure.2 CCS (Revised Pay) Rules, 2008 the minimum pay in the revised Pay Band of Enforcement Officer is Rs. 13950/- plus grade pay of Rs. 4800/-.
8. In the light of the judgments rendered by the Hon'ble High Court of Delhi which was upheld by the Hon'ble Supreme Court we have no hesitation to hold that the applicant is entitled to succeed in this OA. His pension shall be re-fixed at Rs. 9375/- per month. The family pension should be @ 30% of Rs. 18750/-. The respondents shall issue revised pension payment order and pay the arrears of pension within two months from this date.
9. The O.A is allowed accordingly. No order as to costs.
(R.Ramanujam) (N.K.Balakrishnan) Administrative Member Judicial Member kspps