SASIDHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in this writ petition is as follows:-

(2.) Heard the learned counsel for the petitioners, the learned counsel appearing for the 2nd respondent Board as well as the learned Central Government counsel appearing for respondents 1 and 3.

(3.) The contention of the petitioners, who had retired from the Cochin Port Trust before 01.01.2007, is that they are entitled to pension at 50% of the scale of pay of the post of Deputy Chief Mechanical Engineer, Deputy Chief Electrical Engineer and Chief Mechanical Engineer as upgraded by Exhibit P4 order. It is contended that petitioners 1 and 2 at the time of retirement were drawing pay in the scale of pay of Rs.13000- 350-18250 and petitioners 4 and 5 were drawing pay in the scale of pay of Rs.18500-450-23900. The revised scale of pay with respect to petitioners 1 to 3 w.e.f. 01.01.2007 on the strength of Exhibit P3 was Rs.24900-50500. It is stated that with effect from 29.10.2010, the scale of pay of the posts held by the petitioners had been upgraded as Rs.32900-58000 and Rs.43200-66000 respectively. The petitioners contend that going by the pay revision orders, the pension revision orders and the office memoranda in force with respect to revision of pay and pension of employees under the Central Government, the petitioners would be entitled to 50% of the scale of pay as upgraded as their pension without reference to the requirement of 33 years of qualifying service. It is the case of the petitioners that the pay revision orders specifically provided for revision of pay with effect from 01.01.2007. By Exhibit P5 order dated 6.2.2004, a proposal was mooted for the upgradation of the posts of Deputy Chief Mechanical Engineer, Deputy Chief Electrical Engineer and Chief Mechanical Engineer held by the petitioners to a higher scale of pay. The said proposal for upgradation was thereafter implemented also. The petitioners, therefore, contend that persons who retired from service from the same posts as held by them, draw a higher pension on account of the provisions contained in the pension revision orders for payment of 50% of the scale of pay of the post from which they retire as basic pension. The petitioners contend that they have been given pension taking note of only the revised scale of pay, going by the revision of pay w.e.f.01.01.2007, while fixing the pensionary benefits. It is also contended that requirement of linking pension with 33 years of service has been done away with in case of employees of the Central Government by Exhibit P19 office memorandum dated 06.04.2016 and all pre- 2000 retirees have been held to be entitled to pension at 50% of the minimum of the pay band + grade pay as basic pension. The petitioners claimed the same benefits as well. The petitioners rely on a judgment of this Court in W.P.(C) No.24988/2005 to contend that it has been the specific case of the Port Trust before this Court on earlier occasions that the Major Port Trust (Adaptation of Rules) Regulations, 1964 resulted in the CCS (Pension) Rules becoming applicable in toto to the employees of Port Trust as well. It is, therefore, contended that the amendments made to the Pension Rules and office memoranda issued thereunder would also be equally applicable to all employees of the Cochin Port Trust.