Another Judgement by Central Administrative Tribunal, PB, New Delhi in connection with pension to Pre-2006 Pensioners.
Central Administrative Tribunal Principal Bench, New Delhi
Wednesday, this the 29th day of February 2012
Hon’ble Shri Justice V.K. Bali, Chairman
Hon’ble Shri M.L. Chauhan, Member (J)
Hon’ble Dr. Veena Chhotray, Member (A)
D-2/2209, DDA Flats, Vasant Kunj
New Delhi-31 .. Applicant
(Applicant in person)
1. Union of India through the Secretary
Ministry of Communications, Sanchar Bhavan, 20, Ashoka Road
2. Union of India through the Secretary
Ministry of Finance, Govt. of India
3. Union of India
Through the Secretary, Ministry of Personnel
Department of Personnel & Public Grievances & Pension
Department of Pension & Pensioner Welfare
Lok Nayak Bhawan, New Delhi-3 .. Respondents
(By Advocate: Shri Ashish Nischal for Shri Rajender Nischal)
O R D E R (ORAL)
Justice V.K. Bali:
The applicant has filed the present OA, thereby praying for the following reliefs:-
A. Quash para 3.1 of F.No.38-37/08-P&PW(A) dated 2.9.2009-Annexure A-3; being ultra vires of the Constitution.
B. Quash F.No.38/37/08-P&PW(A) dated 11.12.2008 Annexure A-4, to the extent that Applicants who have retired prior to 1.1.2006 shall be treated at par with pensioners who retired after 1.1.2006, as letter dated 11.12.2008 violates the equality clause under Article 14 of the Constitution of India.
C. Quash Notification No.GSR 527 (E) dated 16.7.2009 Annexure A-5 to the extent that the grade pay of Rs.12,000/- which was being given before the issue of notification dated 16.7.2009 earlier shall not be withdrawn in fixing Applicants pension.
It is not in dispute that so far as the relief B is concerned, the same is squarely covered by the decision of Full Bench of this Tribunal in Central Government SAG (S-29) Pensioners’ Association & another v. Union of India & another (OA-655/2010 with connected matters decided on 1.11.2011). Regarding other two reliefs, the matter be placed before the Division Bench to consider the same in accordance with law.
3. Registry is accordingly directed to place this matter before the Division Bench.
( Dr. Veena Chhotray) Member (A)
( V.K. Bali ) Chairman
Clarificatory Notes by M L Kanaujia, IRSSE, CCE, N.E. Railway (Rtd.)
1. MOP(DOP)OM F.No.38-37/08-P&PW(A) dated 2.9.2009 Para 3.1: Save as otherwise mentioned in these orders, the revised provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1.1.2006. Separate orders have been issued in respect of employees who retired / died before 1.1.2006.
2. MOP(DOP)OM F.No.38/37/08-P&PW(A) dated 11.12.2008 However, only those Government servants, who retired during 1.1.2006 to 1.9.2008 after completion of 33 years of qualifying service, will be eligible for full pension and the pension of those Government servants, who retired during 1.1.2006 to 1.9.2008 with qualifying service of less than 33 years, will continue to be proportionate to the full pension based on their actual qualifying service.
3. MOP(DOP)OM F.No.38/37/08-P&PW(A) dated 10.12.2009 states : 2. This matter has been reconsidered by the Government. In partial modification of the instructions/order issued in this respect, it has now been decided that linkage of full pension with 33 years of qualifying service shall be dispensed with, with effect from 1.1.2006 instead of 2.9.2008. The revised provisions for calculation of pension in para 5.2 and 5.3 of the OM No.38/37/08- P&PW(A) dated 2.9.2008 shall come into force with effect from 1.1.2006 and shall be applicable to the Government servants retired/retiring after that date. Para 5.4 will further stand modified to that extent.
4. Notification No.GSR 527 (E) dated 16.7.2009 states : (ii) The last row in the table PB-4 (Rs.37400_67000) which relates to grade pay of Rs. 12000 in Section II, Paart A of the First Schedule shall be delted).
5. CAT-PB Judgment dated 1.11.11 in OA No. 0655/201 states : 9.Yet for another reason, pre-1.1.2006 and post-2006 retirees cannot be extended the same pensionary benefits inasmuch as the respondents on the basis of the recommendations of the VI CPC have issued two different Schemes for pre-2006 and post-2006 retirees. As regards, post-2006 retirees respondents have issued OM dated 2.9.2008 (Annexure R-1) as to how the pension has to be computed. As can be seen from this scheme, emoluments have to be computed on the basis of the revised pay structure and further as can be seen from paras 5.2 and 5.3 of the said OM qualifying service for the purpose of pension has been reckoned as 20 years as against 33 years, which was prevalent in respect of the employees who retired before 1.1.2006 and also that emoluments for the purpose of pensionary benefits have to be determined on the basis of 10 months average emoluments or emoluments last drawn by the employee before his retirement, whichever is more beneficial. Applicants have not challenged the validity of the OM dated 2.9.2008. As such, on these grounds pre-2006 retirees cannot claim benefit at par with post-2006 retirees, who are governed by the separate set of Scheme.)
Conclusion: Following conclusion is drawn from above judgment when considered the details given in item 1 to 5 above.
A. The prayer is for making applicable OM dated 2.9.2008 to pre 2006 retirees as well. The Order of CAT-PB Full Bench has referred it to Division Bench i.e. a lower bench to decide the issue.
B. The prayer is for extending same benefit to those who retired after 1.1.2006. Order of CAT-PB Full Bench has directed the Govt. to examine and implement it if covered by the CAT-PB Judgment dated 1.11.11 in case of OA 655 of 2010 within three months. This is now redundant and not required because of MOP, DOP OM dated 10.12.2009, which has already extended same benefits to those who retired after 1.1.2006.
C. An s30 pre 2006 retiree has already been given an equivalent revised pay scale but prayer seeks that in addition, grade pay of 12000 should also be given, along with new revised pay scale. CAT-PB Full Bench has referred it to Division Bench i.e. a lower bench to decide the issue.