Mohar Singh vs Union Of India And Ors

The applicant has filed this OA, seeking the following reliefs:-

"(a) To quash and set aside the impugned order dated 09.03.2018 (A-1) and direct the respondents to fix the pension of applicant as per the last pay drawn duly reflected in pay slip for the month of February, 2017 and release regular pension and all other pensionary benefits w.e.f. February 2017 alongwith interest @9%.

(b) To declare the action of the respondents in withdrawing the pay scale of Rs.4500-7000/5200-20200 with grade pay of Rs.2800 as well as the subsequent upgradation in the grade pay of Rs.4200 & 4600 with retrospective effect and granting lesser grade pay of Rs.1900, 2000 & 2400 to the applicant as illegal and arbitrary and direct the respondents to continue the pay scale of Rs.4500-7000/5200-20200 with grade pay of Rs.2800 as well as the subsequent upgradation in the grade pay of Rs.4200 & 4600 to the applicant under ACP/MACP from due date.

(c) To allow the OA with exemplary costs.

(d) Pass such other direction or directions order or orders as this Hon"ble Tribunal may deem fit and proper to meet the ends of justice."

When the matter is taken up for hearing, learned counsel for the applicant states that this OA is similar to OA No. 2493/2017 in which the Tribunal vide its order dated 24.01.2019, had passed the following order:-

"3. Some other applicants in OA 1949/2012 had also approached the tribunal in OA Nos. 2510, 2985, 2986 and 2987 of 2017 wherein the decision was pronounced on 05.09.2018 with the following directions:-

"10. In view of the said rival submissions in respect of the interpretation of the stay orders of the Hon"ble High Court and in view of the admitted fact that the whole issue is now seized of by the Hon"ble High Court, we are of the considered view that the instant OAs can be disposed of, by granting liberty to the applicants to approach the Hon"ble High Court by way of appropriate applications in the pending writ petition.

In the circumstances, all the OAs are disposed of with the liberty as observed above. However, the interim orders passed shall be in force for a period of 60 days from today, or till the Hon"ble High Court considers the applications of the applicants, whichever is earlier. No costs."

The respondents mentioned that in view of this judgement dated 05.09.2018, and the issue raised in instant OA being that of pension, it was brought to the notice of Tribunal and in the hearing of 27.07.2018, Tribunal has ordered to take up this OA after decision by High Court in W.P.(C) No. 5597/2015. The applicant has, however, filed MA No. 3876/2018 requesting to recall of these orders for keeping the proceedings pending.

The instant OA has been filed to set aside the re-fixation order issued on 26/29.12.2016. The applicant has since retired on 31.07.2017. It is obvious that the issue pertains to pension. Applicant pleads, that keeping the issue pending, till decision by High Court, is likely to lead to abnormal delay. And this may delay pension fixation also in his case. In view of adjudication by Division Bench in OA No. 2510/2017, it is not considered appropriate to recall the orders dated 27.07.2018. Accordingly, the MA is dismissed.

The matter regarding the fixation of pension is said to be pending, at present, with the Hon"ble High court in W.P.(C) No. 5597/2015 as stated by respondents. The pension fixation is inextricably linked to pay fixation. Accordingly, the instant OA cannot be disposed off finally till this W.P.(C) No. 5597/2015 is decided by the Hon"ble High court.

However, applicant is a pensioner and this aspect cannot be lost sight off. In absence of pay fixation being final, issuance of pension pay order may get inordinately delayed leading to serious difficulty for pensioner. Accordingly, the respondents are directed to issue Pension Payment Order (PPO) in respect of the applicant as per pay fixation order dated 26/29.12.2016 within a period of 8 weeks of receipt of certified copy of this order. It is, however, specifically directed that this pension order so issued now, shall be treated to be a provisional order only and shall need to be revised in terms of orders as are passed by the Hon"ble High Court of Delhi in W.P.(C) No. 5597/2015.

Along with this, other associated retiral dues, e.g., gratuity and leave encashments, etc. as are applicable, shall also be passed as per pay re-fixation order dated 26/29.12.2016, and released to the applicant within a period of 8 weeks of receipt of certified copy of this order. This also shall be treated as on provisional basis and shall need to be revised in terms of orders as are passed by High Court in W.P.(C) No. 5597/2017.

This OA is disposed off at this stage with these directions. There shall be no order as to costs."

The applicant has thus prayed that as directed in the aforesaid OA, the similar directions be issued in this matter.

We have examined the aforesaid order dated 24.01.2019 passed in OA No. 2493/2017 and find that the present matter is similar to the aforesaid case. Hence, the OA is also disposed of in lines of the directions passed in the OA No. 2493/2017. No costs.