Central Administrative Tribunal - Hyderabad
R S Jha vs D/O Atomic Energy on 27 July, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL : HYDERABAD BENCH AT HYDERABAD Original Application Nos. TSt8 of 2015 to 1628 of 2015 Date of Order : 27-07-2017 Between < i. P.K.Banerjee, EC No: 3541, S/o |.C. Banerjee, Age : 63, Occ:
Retd. 80 /H+, R/o Plot 14, H.No.19-96/2, G. Block Colony, Dr.A.S.Rao Nagar, ECIL Post, Hyderabad. [ OA No, 1619/2015 }
2. Buddha Prakash, E.C No.S/o B.Rame Rao, Age 64 yrs, Oce : retd. §G/H-,, 93, Shantineketan colony, Mahenra Hills, East Maredpally, secuendeabact 500026. Sec'bad-500026. { O& No, 1620/2045 ]
3. RSJha, EC No: 4841, $/o Jiweshwar Jha, Age : 60, Occ : Retd SO/H+, R/o 30-265-21/211, RKH Colony, ECIL POST, Hyderabad - 500062. | OA No, 1621/2015] 4, 8. Lakshminarayana, EC No: 2418, s/o B Rama -. -
Age: 6S, , ec: Retd So/Ht, R04 40 se Le. Bes Hasencre MAGE, Ata [OA No.1622/2015 }
2. B Pra Hlad, Ec No:5883, $/0 B Ramanna, Age:62, Occ : Retd So/H+, R/O 401, Jyothi Mansion, Srinivasanagar, ECH. Po, Hyderabad 500062. | OA No. 1623/2015 | & AV Ramana Rao, EC No: 3178, S/o Late AV S Murthy, Age : 65, Oce:Retd SO/H+, R/o Flat No.202, Gayathri Towers, Street No.1, Tarnaka, Sescunderabad-500 017. | | OA No.1624/2015 | 7, A.Rameshwar Raa, Ec No:2417, $/O Retd H+A. Yadaiah, Age : 64, Occ: So/H+, R/O 1-7- S7Af25/ 7b, Gemini Colony, Musheerabad -- 500 027. | OA No. 1625/2015 }
8. C.V.R. Sarma, Ec No: 7175, $/0 C. Kameswara Rao,Age :61, ~ Occ: Retd So/H+, R/O H.No.5-12-81, Mangapuram Colony, Moula-All, Hyderabad-500 040. [ OA No.1626/2015 |
9. Kondepudy Satya Prasad, EC No:4163, S/o Late Shri K. Satya Narayana Murthy, Age:64, Occ:Retd SO/H+, R/o 2-4-97, Plot No.117, Road No.17, Snehapuri Colony, Near Nagole, Hydrabad-500035, Telangana. [OA No, 1627/2015 |
10. Sivananda Sastry V. EC No:2916, S/o Late V Satyanarayana, Age : 61, Occ:
Retd So/H+, R/O G-1, Srinivasa Nilayam, Sri Srinivasa Officers Colony, Kapra, Ecil Post, Hyderabad 62. [OA No.1628/15 | . Applicants AND -- f \ ; s
1. The Union of india Rep by ¥ crelary, Department of Atomic Energy, Anushakti Bhavan, CSM Marg, Mumbai 400001.
2. The Secretary, Department of Pension & Pension Welfare Lok Nayak Bhawan, Khan Market, New Delhi-3,
3. The Chief Controller of Accounts, Central Pension Accounting Office, Trikoot Bullding Bhikhafl Cama Place, New Delhi.
Boye os : soe PY Se SA meer une 2 HIRE PORE Rash Mere. OE . Respondents
4. The Counsel for the Applicant > Mrs. Anita Swain Counsel forthe Respondents > MrAvVinod Kumar, Sr.CGSC CORAM :
THE HON'BLE MRS. MINNIE MATHEW > MEMBER (A} (Oral order per Hon'ble Mrs.Minnie Mathew, Member {A} } {Oral order per Hon'ble Mrs.Minnie Mathew, Member (A}} Heard Mrs. Anitha Swain, learned counsel for the applicant and Mr. V. Vinod Kumar, jearned Senior Central Government Standing Counsel for the Respondents.
2. The applicants retired on superannuation while working as Scientist H+ from the office of Respondent No.4. They submit that after recommendatian of 5" Central Pay Commission, the 1° Respondent has issued OM dated 03.02.1999 providing incentives to the Scientists in the Department by granting Special Pay far Scientists / Engineer in DAE of Rs.2,000/- with effect from 01.01.1996. it was clarified through OM dated 04.06.1999 by the 1° Respondent that since the special Pay is in leu of a separate higher pay scale, it will be counted as pay for woe A Are 2 ole i Bae i a ay x heHighet.grade. After the implementation of 6"
N. i KINES rans "the purpose of pay fixation in Central Pay Commission, the Special Pay was enhanced to Rs.4,000/-. The applicants' grievance is that, the Respondents have not taken into account the Special Pay granted to thern for the purpose of computation of their terminal benefits and that their pension was fixed without taking into consideration the special pay drawn by them.
3. Aggrieved by the non inclusion of Special Pay for the purpose of terminal benefits, certain Scientists of the Department of Space / IRSO have approached the Principal Bench of this Tribunal IN OA No.1153/2002. The said OA was partly allowed by an order dated 14.05.2003 quashing the non inclusion of the Special Pay as pay for the purposes of pension. The applicants contend that this order was implemented by the Department of Space and even by the Department of Automic Energy which issued the OM dated 13.07.2004 stating that the Special Pay may be treated as part of Pay for the purpose of Pensionary benefits with effect from 01.01.1996.
4, The applicants state that several Original Applications were filed by the Scientists of DRDO which have been allowed by this Tribunal with a direction to count the Special Pay of Rs.2,000/- and the enhanced pay of Rs.4,000/- while fixing the monthly pension of the applicant therein. They also submit that in a similar OA No.1003/2014 filed by the retired Scientists of the Departrnent of Atomic Energy, the Principal Bench had directed the Respondents to grant the benefit of Special Pay for the purpose of Pension and Pensionary benefits to the applicants and to similarly placed Scientists. The applicants therefore submitted geo tse representations dated 25.10.2018. 40 representations,
5. Learned Senior Central Government Standing Counsel submitted that the issue invalved in these OAs is the same as in OA Nos.1619/2015 to OA 1628/2015 and that reply statement has already been filed in OA No.1619/2015. From the reply statement, it is seen that there is no dispute on the facts of the case, The Respondents however submit that, it has been pointed out by the Department of Pension & Pensioners Welfare that there is no provision under CCS (Pension) Rules, 1972, for inclusion of the Special Pay for the pension and pensionary benefits. In these circumstances, the Department of Atomic Energy has informed that the Special Pay would not be taken into account while fixing the pension of the Scientists / Engineers In the grade of SO / H+. The Respondents also state that the order of the Principal Bench in OA No.3789/2013 and OA No.1003/2013 have been challenged before the Hon'ble Supreme Court by filling SLP {civil CC.No.3542/2016 and SLP {civil} CC No.3017/2016 which are stil! pending. for disposal. They also submitted that in similar cases filed by DRBO in SLP CC 12706/2015, the Hon'ble Supreme court has been pleased to issue notice on 21.08.2015 and also ordered that contempt proceedings, if any, shall not be proceaded with.
6. The learned counsel for the applicant, however, drew attention to Annexure-10 to the reply statement filed by the respondents and pointed out that as per the case status the SLP No.3452/2016 and SLP (Civil) No.27273/2016 are shown as pending without any further orders of listing.
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yi ¢ ¥ * # ot ae o 7, | have considered the rive mntésions and also perused the record, It is clear that the Principal Bench of this Tribunal in OA Nos 3789/2013 dated 30.10.2014 and 1003 of 2014 dated 22.12.2014 had already directed the Respondents to grant the benefit of pay in Special Pay for the purpose of pension and pensionary benefits to the retired scientists of Department of Atomic Energy. in OA No.1003/2014, the Principal Bench had also directed the respondents to grant the benefit of special pay in pay for the purpose of pension and pensionary benefits to the applicants and thase who are similarly placed Scientists. Although the Respondents have filed an SLP against this order they have not placed any material to show that the orders of this Tribunal have been reversed so far.
8. Having regard to the fact that the arders of the Principal Bench of Central Administrative Tribunal are unreversed and also the fact that the matter in these OAs has already been adjudicated, the Original Applications are allowed with a direction to the Respondents to grant the benefit of Special Pay of Rs.2,000/- with effect from 01.01.1996 and =pecial Pay of Rs.4,000/- with effect from 01.01.2006 for the purpose of pension and pensionary benefits. However, it is made clear that this order shall be subject to the outcome of the pending SLPs, 9, Original Applications are disposed of as above. No order as to costs.
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