Another Judgement by Central Administrative Tribunal, PB, New Delhi in connection with pension to Pre-2006 Pensioners.
Central
Administrative Tribunal Principal Bench, New Delhi
O.A.No.2087/2009
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)
Ranvir Singh
D-2/2209, DDA Flats, Vasant
Kunj
New Delhi-31 .. Applicant
(Applicant in person)
Versus
1. Union of India through the Secretary
Ministry
of Communications, Sanchar Bhavan, 20, Ashoka Road
New
Delhi-1
2. Union of India through the Secretary
Ministry of Finance, Govt. of India
New Delhi-1
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not be withdrawn in fixing Applicants pension.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)
(M.L. Chauhan)
Member (J)
( 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.
***********************************************************