Amar Singh vs Union Of India And Ors

Briefly stated the facts of the case are that the applicant was appointed as TTE in the Railways on 19.02.1957.  After completing 33 years of qualifying service, he superannuated on 31.08.1992. The Railways issued a revised PPO dated 10.08.2011 (Annexure-A/1) to him by which his pension has been revised to Rs. 6750/- w.e.f. 01.01.2006 in the pre-revised pay scale of Rs. 5500-9000 (5th CPC). Government of India, Ministry of Personnel, PG & Pensions, Department of Pension & Pensioners' Welfare, New Delhi issued an Office Memorandum dt. 28.01.2013 (Annexure-A/2) regarding revision of pension of pre-2006 pensioners by which the pension of the government employees, who were in the pre-revised pay scale of Rs. 5500-9000 was required to be fixed at Rs. 7215/- p.m. w.e.f. 01.01.2006. Railway Board has issued a RBE No. 11/2013 dated 11.02.2013 with regard to revision of pension of pre-2006 pensioners stating that the instructions contained in DoP&T OM dated 28.01.2013 (Annexure-A/3) shall apply mutatis mutandis to the Railways also.

It is stated by the applicant that he retired in the pay scale of Rs. 5500-175-9000 and as per PPO No. 356231dated 27.09.1999 his basic pay was Rs. 5882/- p.m. According to the O.M. dated 30.08.2008, the employees who were drawing the pre-revised basic pay of Rs.5850/- (pre-revised scale of Rs.5500-175-9000), their revised basic pay comes to Rs. 15,090/- p.m. as on 01.01.2006, hence the 50% pension comes to Rs. 7545/- p.m. as on 12.10.2014. He submits that his pension has not been fixed in accordance with DoP&T O.M. dated 28.01.2013 and RBE letter dated 11.02.2013. He submitted a representation dated 12.10.2014 (Annexure-A/4) to the respondents to consider his case and revise his pension w.e.f. 01.01.2006. The Chief Accounts Officer/Pension, NWR, Jaipur vide order dated 16.01.2015 forwarded the representation of the applicant to Senior Divisional Finance Manager, NWR, Ajmer for necessary action, which is still pending.

Aggrieved, the applicant has approached the Tribunal seeking the following reliefs:-

"(a) Declare the action of the Respondents as illegal, arbitrary, discriminatory, violative of article-14, 16 & 21 of the constitution of India for not revising and fixing the pension of the applicant correctly in terms of GOI orders on the subject.

(b) Direct the respondents to revise and fix the pension of the applicant correctly taking into account the basic pay of Rs. 5882/- (pre-revised pay scale of Rs.5500-175-9000/-) wef 01.01.2006 as per revised concordance table annexed to DOP&T OM dated 28/01/2013 and RBE No. 11/2013 dated 11/02/2013 and the applicant may be entitled for arrears of his pension alongwith interest @ 12% p.a. till payment.

(c) Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(d) Award Costs."

The respondents have rebutted the contentions raised in the O.A., as being wrong and misleading. They contend that the applicant retired on 31.08.1992 in the pay scale of Rs.1600-2660. His pension was rightly fixed as per DoP&T O.M. dated 28.01.2013 in the revised pay scale of Rs. 9300-34800 (GP Rs.4200) on 01.01.2006 @ Rs. 6750/-. It is further submitted that after representation dated 16.01.2015 of the applicant, a revised PPO sanctioning the pension of the applicant @ Rs. 6750/- has been issued in favour of the applicant. He is not eligible for fixation of his pension at Rs. 7215/-because as per Sr. No. 11 of the table circulated vide O.M. dated 28.1.2013, the employee should have been in the pay scale of Rs. 1640-2900 to earn pension at Rs. 7215, whereas the applicant retired in the pay scale of Rs. 1600-2660 and not Rs. 1640-2900.

During the course of hearing, the learned counsel for the respondents Sh. R.N. Singh argued that pension of a government employee is always dependent on the pay scale at which he or she superannuates. Consequently, any revision in the pay scale, has to necessarily be based on the pay scale at the time of his retirement. He submitted that from the PPO dated 12.01.2016, it is evident that pension of the applicant was fixed in the pay scale of Rs.05000-08000 and the corresponding new pay scale for the same is Rs. 09300-34800-4200. Taking the Bench through the contents of O.M. dated 28.01.2013 of Department of Personnel & Training, he emphazied that as per Serial No.(11) of the concordance table, the employee should have retired in the pay scale of Rs.1640-2900 to avail the said benefit. Since the applicant retired in the pay scale of Rs. 1600-2660 (S.No. 10 of the table of OM dated 28.01.2013 of DoP&T), his revised pension has rightly been fixed at Rs. 6750 for which the revised PPO dated 12.01.2016 has been issued.

I have carefully gone through the facts of the case and considered the rival contentions of both sides. For a better understanding of the issue, the provisions of O.M. dated 28.01.2013 and the annexed concordance table are reproduced below:-

"Sub:- Revision of pension of pre-2006 pensioners - reg.

.......

It has been decided that the pension ofpre-2006 pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008, as amended from time to time, would be further stepped up to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.l/l/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above-referred OM dated 30.8.2008 of Ministry of Finance, Department of Expenditure.

The normal family pension in respect of pre-2006 pensioners/ family pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008 would also be further stepped up to 30% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.l/l/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 30% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above OM dated 30.8.2008 of Ministry of Finance (Department of Expenditure).

A revised concordance table (Annexure) of the pre-1996, pre-2006 and post 2006 pay scales/pay bands indicating the pension/family pension (at ordinary rates) payable under the above provisions is enclosed to facilitate payment of revised pension/family pension.

The pension so arrived at in accordance with para 2 above and indicated in Col. 9 of Annexure will be reduced pro-rata, where the pensioner had less than the maximum required service for full pension as per rule 49 of the CCS (Pension) Rules, 1972 as applicable before 1.1.2006 and in no case it will be less than Rs.3,500/- p.m.

The family pension at enhanced rates (under sub rule (3)(a) of Rule 54 of the CCS (Pension) Rules, 1972) of pre-2006 pensioners/ family pensioners revised w.e.f. 1.1.2006 in terms of para 4.1 or this Department's OM No.1/3/2011-P&PW(E) dated 25.5.2012 would be further stepped up in the following manner:

(i) In the case of Government servants who died while in service before 1.1.2006 and in respect of whom enhanced family pension is applicable from the date of approval by the Government, i.e.24.9.2012, the enhanced family pension will be stepped up to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had died, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above-referred OM dated 30.8.2008 of Ministry of Finance, Department of Expenditure.

(ii) In the case of a pensioner who retired before 1.1.2006 and in respect of whom enhanced family pension is applicable from the date of approval by the Government, i.e.24.9.2012, the enhanced family pension will be stepped up to the amount of pension as revised in terms of para 2 read with para 5 above. In case the pensioner has died before from the date of approval by the Government,i.e. 24.9.2012, the pension will be revised notionally in terms of para 2 read with para 5 above. The amount of revised enhanced family pension will, however, not be less than the amount of family pension at ordinary rates as revised in terms of para 3 above.

In case the pension consolidated pension/family pension/ enhanced family pension calculated as per para 4.1 of OM No.38/37/08-P&PW(A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner indicated above, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

All other conditions as given in OM No. 38/37/08-P&PW(A) dated 1.9.2008, as amended from time to time shall remain unchanged.

These orders will take effect from the date of approval by the Government, i.e. 24.9.2012. There will be no change in the amount of revised pension/family pension paid during the period 1.1.2006 and 23.9.2012, and, therefore, no arrears will be payable on account of these orders for that period."

DEPARTMENT OF PENSION & PENSIONERS' WELFARE REVISED PENSION/FAMILY PENSION OF PRE-2006 PENSIONERS FOR POSTS CARRYING PRESENT SCALES IN GROUP 'A', 'B', 'C' & 'D' [Annexure to OM No. 38/40/12-P&PW(A) Dated 28.1.2013

S. No

Pay scale w.e.f. 1.1.1986

ost/G rade and Pay scale w.e.f. 1.1.19 96

Grade

Scale

Name of pay Band/ scale

Corresponding 6 th CPC Pay Bands/scales

Corresponding Grade Pay

Sum of minimum pay in the pay band and grade pay/minimum pay in the pay scale as per fitment table

Pension= 50% of Sum of minimum pay in the pay band and grade pay/minimum pay in the pay scale as per fitment table

Family Pension 30% of Sum of minimum pay in the pay band and grade pay/minimum pay in the pay scale as per fitment table

1

2

3

4

5

6

7

8

9

10

1

750-12-870- 14-940

S-1

2550-55- 2660-60- 3200

-1S

4440-7440

1300

6050

3500

3500

2

775-12-871- 12-1025

S-2

2610-60- 3150-65- 3540

-1S

4440-7440

1400

6260

3500

3500

3

775-12-871- 14-955-15- 1030-20- 1150

S-2A

2610-60- 2910-65- 3300-70- 4000

-1S

4440-7440

1600

6460

3500

3500

4

800-15-1010- 20-1150

S-3

2650-65- 3300-70- 4000

-1S

4440-7440

1650

6580

3500

3500

5

825-15-900- 20-1200

S-4

2750-70- 3800-75- 4400

PB-1

5200-20200

1800

7330

3665

3500

6

950-20-1150- 25-1400 950-20-1150- 25-1500 1150-25- 1500

S-5

3050-75- 3950-80- 4590

PB-1

5200-20200

1900

7780

3890

3500

7

975-26-1150- 30-1540 975-25-1150- 30-1660

S-6

3200-85- 4900

PB-1

5200-20200

2000

8060

4030

3500

8

1200-30- 1440-30- 1800 1200-30- 1560-40- 2040

S-7

4000-100- 6000

PB-1

5200-20200

2400

9810

4920

3500

9

1350-30- 1440-40- 1800-50- 2200 1400-40- 1800-50- 2660

S-8

4500-125- 7000

PB-1

5200-20200

2800

11170

5585

3500

10

1400-40- 1600-50- 2300-60- 2600 1600-50- 2309-60- 2660

S-9

5000- 150- 8000

PB-2

9300-34800

4200

13500

6750

4050

11

1640-60- 2600-75- 2900

S-10

5500- 175- 9000

PB-2

9300-34800

4200

14430

7215

4329

12

2000-60- 2120

S-11

6500-200- 6900

PB-2

9300-34800

4200

16290

8145

4887

It is a fact that applicant retired in the pay scale of Rs.1600-2660 on 31.08.1992 and his pension was fixed in VIth CPC in pay scale of Rs. 9300-34800, at grade pay of Rs. 4200 (min. Basic Pay of Rs.13,500) making him entitled to pension of Rs. 6750. This is as per provisions of Serial No. 10 of the concordance table. The contention of the applicant that he is entitled to revision of pension of Rs. 7215, is erroneous since such benefit can only accrue to the employees who were in the pay scale of Rs. 1640-2900, and not Rs. 1600-2660, (like the applicant. This position, in my view is clear from the provisions of Serial Nos. 10 & 11.

7.1 It appears that the applicant has not interpreted the terms of the O.M. (supra) correctly. The contention of the applicant that his pension has not been refixed properly in terms of DoP&T O.M. dated 28.01.2013 and Railway Board letter dated 11.02.2013, stand belied in view of the aforesaid table. In view of the same, the revised pension payment order dated 10.08.2011, issued by the respondents, fixing the pension of the applicant @Rs.6750, needs no intervention.

O.A. is thus dismissed being devoid of merit. No costs.