CHIEF SECRETARY Vs. J.D. GUPTA (RETD)

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India assails an order dated 03.08.2018 passed by the Principal Bench, Central Administrative Tribunal, New Delhi ('Tribunal'), allowing O.A. No. 2943/2017 filed by the respondent. In his original application before the Tribunal, the respondent/applicant had prayed for re-fixation of his pension w.e.f. 01.01.2006 in the correct corresponding scale of PB III with a grade pay of Rs.7600/-, that was attached to the post of Principal, from which the respondent had retired.

(2.) The respondent, who is now an eighty-four year old man, retired as the Principal of Government Boys Senior Secondary School, Keshavpuram, Delhi on 30.09.1992. At the time of the respondent's retirement, his pension was fixed as per the recommendations of the 4 th CPC in the corresponding pay scale of Rs.3000-4500. Thereafter, when the 5th CPC came into force, the respondent's pension was fixed in accordance therewith in the corresponding pay scale of Rs.10,000/- 15,200. As per the recommendations of the 6th CPC, which were notified by the Government of India on 29.08.2008, the pay scale of the post of Principal from which the respondent retired, was revised w.e.f. 01.01.2006 to Rs.12,000-16,500 in PB III with a grade pay of Rs.7600. However, it transpires that vide OM dated 11.02.2009, the Department of Pension and Pensioners' Welfare clarified that pre-2006 pensioners would not be subject to the benefit of the aforesaid revision.

(3.) This clarificatory OM dated 11.02.2009 was challenged before the Tribunal by way of O.A. No.655/2010 and the said OM alongwith other clarificatory office memorandums was quashed by an order dated 01.11.2011 passed by a Full Bench of the Tribunal. The Full Bench, therefore, granted parity to both pre and post 2006 pensioners by directing that the pensions of all pre-2006 pensioners be re-fixed w.e.f. 01.01.2006 in accordance with the 6th CPC. This decision of the Tribunal was upheld by this Court, aggrieved whereby the petitioner preferred a SLP before the Hon'ble Supreme Court, which was ultimately dismissed on 17.03.2015. Thus, the Full Bench decision of the Tribunal to grant parity to all pre and post 2006 pensioners, attained finality. Based on the aforesaid Full Bench decision of the Tribunal, the Bengaluru and Erakulam Benches of the Central Administrative Tribunal, vide their orders dated 08.03.2013 and 31.01.2014 respectively, allowed the benefit of the revised pay to pre-2006 pensioners as well. The order dated 08.03.2013 passed by the Bengaluru Bench was in fact upheld by the Hon'ble High Court of Karnataka and a SLP filed against the same was also similarly dismissed by the Hon'ble Supreme Court.