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iv. To grant any other relief/s, which this Tribunal deems fit and proper in the facts and circumstances of the case to the applicant.

v. Award cost of the instant lis to the applicant.

2 The brief facts of the case are that the applicant, who was a member of Indian Forest Service (in short, IFS) of Madhya Pradesh cadre, retired from the post of Principal Chief Conservator of Forest (PCCF) of State of Madhya Pradesh, on 31.12.2001. Government of India, after considering the recommendations of 6th Central Pay Commission, has upgraded one post of PCCF in the IFS cadre to the Apex scale {Rs.80,000 (fixed)} vide notification dated 27.9.2008. In regard to refixation of pension for those retired before 1.1.06, it is provided in para-4.2 of the office memorandum dated 1.9.2008 of Department of Pension & Pensioner Welfare (DPPW) (Annexure A-3) that, The fixation of pension will be 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. In the case of HAG + and above scales, this will be fifty percent of the minimum of the revised pay scale. Therefore, the pension of the applicant should not have been fixed at lesser than Rs.40000, which is 50% of the Apex scale, as the applicant was working as Head of the Forest Department till his superannuation and thus was entitled to get the pension related to apex scale as per sixth Central Pay Commission (in short CPC) Recommendations.

4 The applicant submitted that 3 States  Chhattisgarh, Himachal Pradesh, and Haryana have already extended the benefit of notification dated 27.09.08 to the officers, who were appointed by these respective Governments as Head of Forest Department and retired in that capacity before 1.1.06, thus, allowing them to draw pension of Rs.40,000 p.m. w.e.f. 1.1.2006 (Haryana have allowed from 27.9.2008).

5 The applicant further submitted that he sought information under RTI Act, according to which, no power or functions have been given to the PCCF, promoted as Head of Forest force, which were not invested in the earlier post of PCCF, MP, the post held by him at the time of superannuation. Relying on the judgment of Honble Supreme Court, in the case of Union of India Vs. Maj. Gen. SPS Wains, the applicant submitted that the pension of a senior officer cannot be less than that of an officer junior in rank, irrespective of date of retirement of a senior officer. As against this, if the applicant is fixed at the level of Rs.37,750/- p.m., his pension will be lower than that of the officers retiring from the post of Additional PCCF, which is the feeder post for promotion to the post of PCCF, who will be getting pension up to Rs.39,500/- p.m. on retirement, as their revised pay scale extends up to Rs.79,000/-.

6 The applicant further submitted that, before 5th CPC recommendations, the nomenclature of Head of Forest Department was Chief Conservator of Forests. 5th CPC designated the same as Principal Chief Conservator of Forests. When the retired Chief Conservator of Forests, who were Head of Forest Department, demanded that their pension be fixed on the basis of pay scale of PCCF, Central Government refused on the ground that PCCF is an upgraded post. However, Honble High Court of Himachal Pradesh, Shimla, in CWP No.978/2000, Swaran Singh Chehal Vs. Union of India, vide their order dated 26.3.2008, held that the petitioners are entitled to get pension at the rate of 50% of minimum of the scale of pay attached to the post of Principal Chief Conservator of Forests. The present case is on similar grounds and the applicant is entitled to get 50% of the apex scale, which is the pay scale for the upgraded post of Head of Forest Department, as per the 6th CPC Recommendations.

7 The respondent no.1, in their reply, submitted that the representation of the applicant in this regard has been decided by the order dated 24.6.2011. The instructions issued for revision of pension of pre-2006 pensioners vide DPPW OM dated 1.9.08 (Annexure A-3) provide for fixation of pension in such manner that in no case, it shall be lower than 50% of the minimum of the revised pay scale. It has been further clarified vide DPPW OM no.38/37/08-P&PW(A) dated 11.2.09 that, in view of specific provision in para 4.2 of OM dated 1.9.2008, the benefit of upgradation of posts subsequent to the retirement would not be admissible to the pre-2006 pensioners. The applicant retired on 31.12.2001 from the post of PCCF, MP, which carried HAG + Scale of pay of Rs.24050-600-26000. The corresponding revised pay scale w.e.f. 1.1.2006 in regard to HAG + Scale is Rs.75,500-80000. Therefore, the pension of the applicant has been fixed at 50% of the minimum of this pay scale, at the level of Rs.37,750 p.m. 8 The respondents further submitted that the apex scale of Rs.80,000 (fixed) has been introduced in the Indian Forest Service as a new pay scale, after the 6th CPC recommendations, by upgradation of one existing post of PCCF, as Head of Forest Force, in each State cadre. This new scale is effective from 27.9.08 i.e. date of notification of the Indian Forest Service (Pay Amendment) Rules, 2008. This post in apex scale is to be filled by selection from amongst the officers holding the post of PCCF in the state cadre in the HAG + scale of Rs.75500-80000. Shri RD Sharma, the applicant, retired on 31.12.2001, i.e. before the apex scale of Rs.80,000 came in to existence in regard to IFS. As he was never appointed to hold the post of Principal Chief Conservator of Forests in the apex scale, in terms of Note-2 of the Rule 3(1) of Indian Forest Service (Pay) 2007, as amended by notification dated 27.9.08, he is not entitled to pension of Rs.40000, being 50% of the apex scale of Rs.80000 (fixed). The respondents further submitted that even those officers, who retired after 1.1.06 and were never appointed to the post of Principal Chief Conservator of Forests in the apex scale of Rs.80000, are not entitled to the pension of Rs.40000 on their retirement, if they do not reach up to the stage in HAG + pay scale. Even after 5th CPC, modified parity was allowed in the normal replacement scale and benefit of upgradation of post was not given to the pensioners who retired before such upgradation. This position was upheld by Honble Supreme Court, in their judgment dated 23.11.2006 in CA no.3173-3174/2006 and 3188-3190 of 2006 (K.S. Krishnasamy vs. UOI). Thus, the OA, being without any merit, deserves to be dismissed.