RAM PHAL Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner challenges the applicability of paragraph 5 of the Office Memorandum dated February 11, 2009 notified by the Department of Pension and Pensioner's Welfare, concerning revision of pension of pre - 2006 pensioners, wherein it has been stated that 'Therefore, the benefit of upgradation of post subsequent to their retirement would not be admissible to the pre -2006 pensioners in this regard.' The petitioner also seeks quashing of the order dated February 10, 2016 whereby his representation for revised pension has been rejected. Petitioner also prays for Mandamus directing the respondents to revise his pension to Rs.9375/ - per month as given in the fitment table as given in Government of India, Ministry of Personnel, Public Grievance and Pension, Department of Pensioners Welfare Office Memorandum F.No. 38/40/12 -P&PW (A) dated January 28, 2013.

(2.) Briefly noted, the facts germane for adjudication of the present case are that the petitioner joined the ITBP on May 25, 1964 in the rank of Constable/GD and suffice it to note that he was last promoted to the rank of Subedar Major w.e.f May 24, 1995 in the pay scale of Rs.2000 -60 -2300 -EB - 75 -3200/ - vide order dated June 02, 1995. The petitioner was thereafter placed in the replacement scale of Rs.6500 -10500/ - after the implementation of the fifth Central Pay Commission. The petitioner ultimately superannuated on July 31, 2002; and at the said point of time was drawing basic pay in sum of Rs.12175 in the pay scale of Rs.6500 -10500 with special pay of Rs.200/ -. Upon his superannuation, the petitioner was sanctioned PPO on September 24, 2002 in sum of Rs.3850/ - p.m., the same being 50% of the minimum pay in the pay band, i.e. Rs.7700/ -.

(3.) We would now examine the pension that was to be sanctioned corresponding to the post last held by the petitioner i.e. Subedar Major.