RAJENDRA PRASAD PANDEY Vs. PRINCIPAL SECRETARY & ORS

JUDGEMENT

(1.) The petitioner had approached the Central Administrative Tribunal complaining of wrongful pension fixation pursuant to the implementation of the recommendation of the 4th Pay Commission with effect from 01.01.1986. Concededly, he had retired as a public servant of the Central Government with effect from 30.06.1993.

(2.) The petitioner in support of his contention of short-payment of pension especially relied upon the calculation chart, annexed to the Office Memorandum [hereafter referred to as "OM"] dated 22.04.1987. According to him the additional relief, had to be calculated on the basis of Consumer Price Index [hereafter referred to as "CPI"] 608, as on 16.04.1987. Thus, the additional dearness relief would have been Rs.5.80 and consequently the additional relief in terms of the OM of 28.02.1996 (which find mention, under the given prevailing circular] would have been Rs.112.00/-. According to the petitioner, the additional relief in terms of para 4.1 (c) of the 16.4.1987 circular would have worked out Rs.104.60 thus working out his ultimate pension of Rs.1408.20.

(3.) The Central Government on the other hand relied upon the OM dated 16.04.1987, especially of para 3.1(a), 3.1(b), 4.1(C) and para 6.1 to contend that the pension fixation [i.e. at Rs.513/- basic pension with the dearness relief of Rs.463 and additional relief at Rs.100/-] was justified. The impugned order discussed the rival contentions and rejected the petitioner's claim, based upon the following findings:-