D C VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a retired employee of Registry of the Delhi High Court and joined the Registry on 15th November, 1987 as Jr. Translator. On 6th October, 1977 he was promoted as interpreter and was confirmed on this post w.e.f. 4th August, 1982. He retired as Interpreter on attaining the age of superannuating, w.e.f. 31st January, 1985. At the time of his retirement the post of interpreter carried the pay scale of Rs.775- 1200.00 . The pension of the Petitioner was accordingly fixed taking into consideration the pay which he was drawing at the time of his retirement. At that time there were three permanent post of interpreter. Two were redesignated as Court Master w.e.f. 6th August, 1985 and the third post was also redesignated as Court Master w.e.f. 30th May, 1987. It may be mentioned that as per Item No. 1I of Schedule, II to the Delhi High Court Staff (Seniority) Rules, 1971 post of interpreter was an equal status post with the post of Superintendent, Court Master, Private Secretary and Librarian. Rule 8 (c) of Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972 further provided that a person appointed to a post of one category could betransferred to apost of equal status to any other category. As on 31st January, 1985, when the Petitioner stood retried from service the post of Superintendent, Court Master, Private Secretary and Librarian also carried the pay scale of Rs. 775-1200.00 .

(2.) Pay scale of Rs 775-1200.00 which the Petitioner and other person on comparable categories as mentioned above were enjoying was on the basic of the recommendations of IIIrd Central Pay Commission. The recommendation of IVth Central Pay Commission were accepted by the Central Government and were enforced w.e.f. 1st January, 1986 i.e. almost one year after the retirement of the Petitioner. On implementation of the IVth Central Pay Commission recommendation pay scale of Rs. 775- 1200.00 was revised to Rs. 2000-3500.00 . However in case of Superintendent, Court Masters, Private Secretary, Interpreter and Librarian revised pay scales given to these category of employees was Rs.3000-4500.00 . Thus the post of interpreter and other persons holding post in comparable status as mentioned above started getting the revised pay w.e.f. 1st January,. 1986 in the pay scale of Rs. 3000-4500.00 . In the case of the Petitioner, who was drawing pension at that time, his pension was fixed in the revised pay scale of Rs.2000-3500.00 . Thereafter this position continued till 1st January, 1996 when pay scale were again revised on the recommendations of Vth Central Pay Commission. The pay scale of Rs. 2000-3500.00 was revised to Rs. 6500-10,500.00 whereas the pay scale of Rs. 3000-4500.00 was revised to Rs. 10,000-15,200.00 . For the sake of convenience the position as existed right from IIIrd Central Pay Commission can be summarized as under:- All the equal status posts of Superintendent, Court Master, Private secretary, Interpreter and Librarian carried the same scale of pay:- <FRM>JUDGEMENT_796_DRJ53_2000Html1.htm</FRM> Pension of the Petitioner was fixed taking into account the following corresponding replacement scales:- <FRM>JUDGEMENT_796_DRJ53_2000Html2.htm</FRM> What has prompted the Petitioner to file the preseat writ Petition is Government of India's instructions issued by Ministry of Personnel, Public Grievances and Pension, Department of Pension and Pensioners' Welfare dated 17th December, 1998 relating to revision of pension/family pension on the recommendation of Vth Central Pay Commission. The operative portion of the said instructions, which is relevant for our purposes, reads as under:- The president is now pleased to decide that. w.e.f. 1.1.1986, pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced w.e.f. 1.1.1996 of the post last held by the pensioner. However, the existing provisions in the rules governing qualifying service and minimum pension shall continue to be operative. Similarly, w.e.f. 1.1.1996 family pension shall not be less than 30% of the minimum pay in the revised scale introduced w.e.f. 1.1.1996 of the post last held by the pensioner/deceased Government servant," (Emphasis added)

(3.) On the basis of aforesaid instructions, Petitioner made representation dated 26th April, 1999 to the Hon'ble Acting Chief Justice, High Court of Delhi, New Delhi inter ala requesting that his pension be re-fixed Rs-5000.00 per month with reference to pay scale of Rs. 10,000-15,200.00 attached to the post of Court Master. His representation was forwarded by the Registrar of the High Court to Secretary, Government of India, Ministry of Law and Justice and Company Affairs vide diary No.18398 dated 27th August, 1999. The facts of the case of the Petitioner were stated and history of the pay scale enjoyed by Interpreter as well as Superintendent/Court Master/Private Secretary/Librarian was also traced out Reference was made in this letter to the judgment: of this Court in the writ Petition filed by Interpreter and Librarians by which they were also allowed the pay scales similar to the pay scales enjoyed by Superintendent/ Court Master/Private Secretary. The last two paragraphs of the said letter being relevant are requoted below:-