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Showing contexts for: http in The Union Of India Rep. By vs The Central Administrative Tribunal on 11 February, 2019Matching Fragments
19. The Learned Counsel for the Petitioners draws the attention of this Court to the order dated 15.02.2016 in O.A.No.2553 of 2014 of the Central Administrative Tribunal [Principal Bench] wherein it is observed as under:
“As discussed in paragraphs 6.1, 6.1, 6.1.2 and 6.1.3 of this order, the Full Bench of the Tribunal, in Central Government SAG (S-29) pensioners Association through its Secretary V. Union of India and another (supra), dealt with the question of revision of pension of pensioners who had retired from service in the 5th CPC pay scale (Scale 29) of Rs.18,400-500-224001- which was revised to Pay Band of Rs.37,400-67,001- with Grade Pay of Rs.10,0001-. The question of revision of pension of pensioners, who had retired from service in the 4th CPC pay scale of Rs.7300- 7600/- corresponding to 5th CPC pay scale of Rs.22,400- 24,5001 -= OA 2553-14 24 Rajendra V. PAO & amp. Ors page 24 of 32 and 6th CPC HAG pay scale of Rs.67000- http://www.judis.nic.in 79001-, was neither raised nor decided by the Full Bench of the Tribunal. The question of admissibility of the benefit of upgradation of posts subsequent to their retirement was also neither raised nor decided by the Full Bench of the Tribunal. Allowing the O.A.s, the Full Bench of the Tribunal, in paragraph 30 of the order, quashed the O.Ms. Dated 03.10.2008 and 14.10.2008 (which was also based on O.M. Dated 03.10.2008) and O.M. Dated 11.02.2009, whereby representation was rejected by common order'. The Tribunal further directed the respondents to re-fix the pension of all pre-2006 retirees w.e.f. 01.01.2006, based on the resolution dated 29.08.2008, ibid.9.1. It is pertinent to mention here that by the O.M.dated 11.02.2009, which was quashed by the Full Bench of the Tribunal, the Government of India, Ministry of Personnel Public Grievances and Pension, Department of Pension & Amp; Pensioners' Welfare, disposed of several representations regarding revision of pension of pre-2006 pensioners. By the O.M. Dated 11.02.2009, ibid, the Department of Pension & Pensioners' Welfare reiterated its decision for fixation of pension subject to the provision that the revised pension in no case shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired, and clarified that the 'the benefit of upgradation of posts subsequent to their retirement would not be admissible to the pre-2006 pensioners in this regard'. OA http://www.judis.nic.in 2553-14 25 Rajendra V. PAO & Ors page 25 of 32 9.1.1 Though the Full Bench of the Tribunal quashed the O.M. Dated 11.02.2009, ibid, the decision of the Full Bench was qua the applicants before it, and was not with regard to quashing of the decision of the Government regarding the admissibility of the benefit of upgradation of posts, subsequent to their retirement, to the pre-2006 pensioners.