Dev Raj Goel (Retd) vs Govt. Of NCT Of Delhi & Ors

Manjula Das, J

(Through Video Conferencing)

The applicant is an octogenarian. He retired as Principal, GBSS School, Government of NCT of Delhi in the year 1996. Claiming the re-fixation of

his pension, he filed the instant O.A. with the following reliefs:

“(i) Re-fix the Pension of the applicant w.e.f. 1.1.2006 in the correct corresponding Grade Pay Rs.7600 in PB- 3 (Pre- revised Rs.12000-15,200)

applicable to the Post of „Principal‟ from which he retired and consequently revise his pension from 1.1.2016.

(ii) To issue fresh PPOs (Pension Payment Orders) accordingly.

(iii) Pay the admissible arrears w.e.f. 1.1.2006 along with 18% interest.

(iv) Any other or further order the Hon‟ble Tribunal deems fit in the interest of justice and exemplary costs.â€​

In support of his claim, the applicant relied upon the judgment delivered by this Tribunal in J D Gupta v. The Chief Secretary, Govt. of NCT of

Delhi & others (O.A. No.2943/2017) decided on 03.08.2018. The judgment was challenged by the respondents before the Hon‟ble High Court of

Delhi in W.P. (C) No.2255/2019, which was dismissed vide order dated 23.04.2019. The learned counsel submitted that the facts of this case are akin

to one in the said case.

On the other hand, learned counsel for respondents submitted that the facts of this case are distinguishable from the facts in the said O.A. and the

applicant is not entitled for grant of any relief. Hence, she prayed for dismissal of the O.A.

Heard Mr. Deepak Verma, learned counsel for applicant and Ms. Esha Mazumdar, learned counsel & Mr. Sourabh Chadda, learned counsel for

respondents.

From the perusal of the record, it is seen that the facts of this case are similar to the one in O.A. No.2943/2017, wherein the Tribunal passed the

following orders:-

(i) Refix the pension of the applicant w.e.f. 01.01.2006 in the correct corresponding scale in PB3 + Grade Pay of Rs.7600 (preâ€-revised Rs.12000-

16500) applicable to the post of Principal from which he retired. In the relief clause, pre revised amount has wrongly been shown as Rs.12000-15200,

which has subsequently been corrected to Rs.12000-16500 in the rejoinder filed by the applicant.

(ii) Issue a fresh PPO to the applicant.

(iii) Pay the admissible arrears to the applicant w.e.f. 01.01.2006. The interest, however, may be paid w.e.f. 17.03.2015 (the date when the issue

attained finality by order of the Apex Court) at GPF rate.

(iv) This exercise must be carried out expeditiously and completed within a span of three months from the date of receipt of a certified copy of this

order. No costs.â€​

Finding no infirmity with the said order of the Tribunal, the Hon‟ble High Court dismissed the writ petition on 23.04.2019.

Since the issue has already been decided by the Tribunal, as upheld by the Hon‟ble High Court of Delhi, we are bound to follow the same.

Accordingly, the O.A. is disposed of with in terms of the directions contained in O.A. No.2943/2017. There shall be no order as to costs.