V. L. JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the Aeronautical Development Establishment (ADE), Bengaluru, on 8/4/1968 and retired as Technical Officer 'B' on 31/12/2005 on attaining the age of superannuation. The grievance of the petitioner is that after the revision of pension pursuant to the 6th Central Pay Commission recommendations, Government of India issued Official Memorandum dtd. 1/9/2008, revising the pension. However, it is found that the third respondent- Controller of Defence Accounts (R&D), C.V.Raman Nagar, Bengaluru, issued a reply dtd. 21/3/2016 holding that the petitioner herein retired before the implementation of VI CPC i.e., on 31/12/2005 and therefore, there is no anomaly in fixation of pay/pension at Rs.11,651.00 per month, while in the case of Sri D.Rangaiah, who retired after 1/1/2006 i.e., after implementation of VI CPC (Revised Pay) Rules, 2008, his pension was fixed at Rs.18,980.00 with grade pay of Rs.5,400.00.

(2.) Sri M.Nagaprasanna, learned Senior Counsel, appearing for the petitioner draws the attention of this Court to the latest decision of the Hon'ble Apex Court in the case of All Manipur Pensioners Association Vs. State of Manipur and Others, reported in 2019 SCC OnLine SC 845, wherein it is held that there can be no valid justification to create two classes of pensioners, for the purpose of grant of revised pension. It was held that such a classification has no nexus with the object and purpose of grant of benefit of revised pension. Therefore, it was submitted that the order impugned before the Central Administrative Tribunal and the order of the Tribunal require to be quashed and set aside.

(3.) Per contra, Sri B.Pramod, learned Central Government Counsel appearing for respondent Nos.1 to 3 seeks to justify the order of the Tribunal.