Surender Kumar Jain vs M/O Personnel,Public Grievances And ... on 28 November, 2024
8.4 In OA no. 2726/2019, OA No.2729/2019 (decided on
4.12.2022), OA No. 4138/2017 2 (decided on 23.2.2022) OA No.
655/2021 (decided on 3.8.2021), have quoted the order of this
Tribunal in OA no. 2943/2017 decided on 3.8.2018 and upheld
by the Delhi High Court in WP( C ) no. 2255 of 2019. The
Coordinated Bench of CAT in OA no. 2493/2017 in the matter of
J D Gupta Vs The Chief Secretary of NCT of Delhi has
extended full parity between the pre and post 2006 retirees
without discussing the issue that the pay scale of the principal
has been upgraded to new scale rather that just revising the pay
scales by applying the conversion formula and putting the pre -
revised scale in a new scale appropriate as per the Pay
Commission fitment table for the relevant pay band. Even the
spirit of Full Bench judgment in OA no 0655/2010 was also lost
in those judgments/orders. The Full Bench in the said judgment
dated 1.11.2011 upheld the modified parity than allowing full
parity. According to OM F.No. 37/08-P& PW(A) dated 28.1.2013,
"The pension of pre-2006 pensioners would be stepped up to
50% the sum of the sum of minimum of pay in the Pay Band and
Grade Pay corresponding to the pre-revised pay scale from which
the pensioner retired, as arrived at with the fitment tables
annexed to the Ministry of Finance , Department of Expenditures
OM No. 1/1/2008-7IC dated 30th August 2008." The
Department of Pension and Pensioners' Welfare vide their Om
No. 38/37/08 -P& PW (A) dated 30.6.2015 has further clarified: