Jagdish Prasad Aggarwal vs Govt. Of Nctd on 3 January, 2022
In support of his claim, the applicant relied on Full
Bench decision of the Principal Bench of this Tribunal
in OA No.655/2021 titled Dev Raj Goel vs. GNCT of
Delhi wherein the aforesaid OM dated 11.02.2009
was quashed and parity was granted to both pre-2006
and post-2006 pensioners by directing that the
pension/family pension of all pre-2006
pensioners/family pensioners be re-fixed w.e.f.
01.01.2006. Thereafter, the Principal Bench of this
Tribunal allowed OA No.2943/2017 filed by one of the
pre-2006 retiree Principal, namely, Sh. J.D.Gupta,
who sought re-fixation of his pension w.e.f.
01.01.2006 in accordance with the recommendation
of 6th CPC, i.e., in the pre-revised upgraded pay scale
of Rs.12000-375-16500 in PB-3 + Grade Pay of
Rs.7600. The said order of the Tribunal was upheld
4
Item No. 18 O.A. No. 3073/2021
by the Hon'ble High Court in a Writ Petition (C)
No.2255/2019 filed by the Govt. of NCT of Delhi vide
its judgment dated 23.04.2009 holding that despite
various judicial pronouncement to the effect that pre-
2006 pensioners cannot be deprived of the revision in
their pension in accordance with the recommendation
of 6th CPC. The SLP (C) No.001020/2020 preferred
before the Hon'ble Supreme Court was also dismissed.
Hence, the decision of this Tribunal, as affirmed by
the Hon'ble High Court of Delhi and Hon'ble Supreme
Court, has attained finality. The applicant, therefore,
submits that the benefit of the same ought to be
extended to all similarly situated pre-2006 retirees.