Central Administrative Tribunal - Delhi
Tara Chand Arya vs N/A on 27 October, 2025
1
OA No. 3414/2022
Item No. 40 (C-3)
Central Administrative Tribunal
Principal Bench
New Delhi
OA No. 3414/2022
This the 27th day of October, 2025
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member(A)
TARA CHAND ARYA
aged 82 years
Son of Late Shri Baljeet Rtd.
Asstt. Engineer in Group 'B' from the Headquarter Office
Northern Railway,
Baroda House, New Delhi-110001
Resident of H. No. 80/2/1-A, Sukh Saroj Orchid,
Near Gurudwara, Bala Sahib Jeewan Nagar, NEW DELHI-
110014,
..Applicant
(By Advocates: Mr. H P Chakraborty, Mr. Pradeep Tripathi)
Versus
1. Union of India through
The General Manager, Northern Railway, Headquarter Office,
Baroda House, NEW DELHI-110001,
2. The Manager, CANARA BANK, CPPC-CIRCLE OFFICE,
SPENCER TOWERS, NO.86 MG ROAD, BANGALORE
(Karnataka) 560 001
3. The Branch Manager,
CANARA BANK, Kashmere Gate Branch, DELHI-110006
... Respondents
(By Advocate: Mr. Pradeep Kr. Sharma)
2
OA No. 3414/2022
Item No. 40 (C-3)
O R D E R(Oral)
Hon'ble Mrs. Harvinder Kaur Oberoi, Member(J) This OA has been by the applicant seeking the release of 20% enhanced pension in favor of the petitioner w.e.f. 01.07.2019 onwards with all the consequential benefits of arrears and interest @ 18% per annum from 01.08.2019.
2. Learned counsel for the applicant, at the outset, submits that there has been a typographical error in the prayer itself. He submits that that the date of 01.07.2019 be read as 01.07.2020.
3. He thus proceeded to argue that the applicant whose DOB is 09.06.1941 was under the service of the respondents and came to be retired on 30.06.2001. The applicant was issued a revised PPO advice dated 22.07.2009. The applicant is aggrieved that in the said revised pension payment advice, the enhanced pension to be given to the applicant on reaching the age of 80 has been fixed from 01.06.2021. He submits that it is, in fact, on 01.07.2020, that the applicant would enter the 80th year of his life and therefore he deserves the enhanced pension from 01.07.2020 instead of 01.06.2021 as fixed b y the respondents.
4. Learned counsel for the applicant relies upon a decision of the Hon'ble High Court at Guwahati in WP No. 4244/2016 dated 15.03.2018. More specifically upon Para 18 and 19, which read as under:-
"18. Petitioner had retired from service on attaining the age of superannuation on 29-07-1998. His date of birth is 30- 07-1936. Therefore, on 29-07-2015 he completed 79 years of age. He entered into the 80th year of age on 30-07-2015 and completed 80 years on 29-07-2016. According to the petitioner, he would be entitled to the first scale of benefit as per Section 17B w.e.f. 30-07-2015 when he stepped into 3 OA No. 3414/2022 Item No. 40 (C-3) his 80th year. On the other hand, stand of the respondents is that the benefit of the first scale under Section 17B would be available to the petitioner on his completion of 80th year i.e. from 30-07-2016. This is the bone of contention which we are called upon to answer in this proceeding.
19. Therefore, question for consideration is, whether in the facts and circumstances of the case, petitioner would be entitled to the additional quantum of pension @ 20% of basic pension from 30-07-2015 or from 30-07-2016 as per the first scale provided under Section 17B of the High Court Judges (Salaries and Conditions of Service) Act, 1954, as amended?"
5. The Hon'ble High Court has proceeded to grant the relief to the petitioner therein and has directed as under:-
"32. Therefore, on a thorough consideration of the matter, we hold that the benefit of additional quantum of pension as per Section 17B of the Act in the first slab would be available to be a retired judge from the first day of his 80th year In so far petitioner is concerned, he would be entitled to the said benefit from 30-07-2015 which was the first day of his 80th year. Ordered accordingly."
Thus the applicant claims that he is eligible/liable to be granted the enhanced pension on the day of entering the 80th year of his life.
6. On issuance of notices, the respondents have filed a counter affidavit opposing the claim of the applicant. It is their categorical stand that the judgment of the Hon'ble Guwahati High Court dated 15.03.2018 pertains specifically to the Judges of the High Court governed by the High Court Judges (Salaries and Conditions of Service) Act, 1954. The said provisions and interpretation cannot be extended to Railway pensioners who are governed by the Railway Services (Pension) Rules, 1993 and the circulars and clarifications issued by the Railway Board in consultation with the Department of Pension and 4 OA No. 3414/2022 Item No. 40 (C-3) Pensioners' Welfare (DoP&PW), which is the nodal department dealing with pensionary matters under the CCS (Pension) Rules, 1972.
7. Learned counsel for the respondents further relies upon Para 5.7 of Railway Board's letter No. F(E)III/2008/PN1/13 dated 15.09.2008 (RBE No. 112/2008). The said paragraph, along with the example cited therein, clarifies that the benefit of additional pension/family pension of 20% will become effective only after the pensioner has completed 80 years of age. For instance, in the case of a pensioner whose pension is Rs.10,000/- per month, upon completing 80 years of age, the pension will be shown as (i) Basic Pension = Rs.10,000/- and (ii) Additional Pension = Rs.2,000/- per month. Similarly, on completing 85 years, the additional pension will increase to Rs.3,000/- per month, and so on. The respondents submit that this clear example demonstrates that the benefit is linked to completion of the age of 80 years, and not merely entering the 80th year.
8. We have carefully considered the rival contentions and perused the material placed on record. The core issue for determination is whether a Railway pensioner becomes entitled to the enhanced pensionary benefit of 20% upon entering the 80th year of age or only upon completing 80 years of age.
9. The Railway Board's letter dated 15.09.2008, read with the applicable pension rules, leaves no room for ambiguity and the benefit is admissible only after the pensioner has completed 80 years of age. The example annexed to the said letter further reinforces this 5 OA No. 3414/2022 Item No. 40 (C-3) position. The reliance placed by the applicant on the Guwahati High Court judgment is misplaced, as that judgment was rendered in the context of a distinct statutory framework applicable to retired Judges, and not under the Railway or Central Civil Pension Rules.
10. In view of the above, we find force in the submissions advanced by the learned counsel for the respondents. The applicant's claim for grant of enhanced pension from the first day of his 80th year is not supported by the applicable rules or circulars. The prayer, therefore, cannot be acceded to.
11. Accordingly, the OA is dismissed as being devoid of merit. No costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi) Member(A) Member(J) /ss/