UNION OF INDIA Vs. SAMBHAJIRAO C. PATIL

JUDGEMENT

(1.) The instant intra-Court appeal under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed against the order dtd. 24/11/2023 passed in W.P.No.3938/2020 whereby the writ petition filed by the respondent has been disposed of with direction to the appellants herein to refix the pension of the respondent in the correct corresponding scale in PB3 Grade Pay of Rs.9300.0034800 (pre-revised Rs.6500.0010500) and (pre-revised Rs.7450.00 11500) applicable to the post of Inspector in CPMF and pay the admissible arrears. The appellants are also challenging the order dtd. 25/11/2024 whereby an application filed by the respondent for modification of order dtd. 24/11/2023 was allowed by modifying the order dtd. 24/11/2023 with a direction that in place of "10/10/1997 " it be read as "1/1/1996" where the same finds mention in the said order.

(2.) The brief facts of the case are that the respondent was retired voluntarily w.e.f. 1/3/1992 from the post of Inspector in BSF. At the time of retirement, the pay scale of the post of Inspector was 1640-2900. Accordingly, pension of the respondent was fixed taking into consideration last drawn emoluments as per pension rules. The pay scale of the post of Inspector was revised w.e.f. 1/1/1996 to 5500-9000 and further upgraded during 5" Central Pay Revision w.e.f. 10/10/1997 to Rs.6500.00 10500. The Ministry of Pension and Pensioners Welfare vide OM dt. 10/2/1998 and OM dt. 17/12/1998 accepting the recommendations of 5" CPC decided that pension of all pre 1/1/96 retirees including pre-86 retirees shall be consolidated as on 1/1/1996 as recommended but the consolidated pension shall be brought to the level of 50% of the minimum of the revised pay of the post held by the pensioner at the time of retirement. The pay scale of the post of Inspector was further revised w.e.f. 1/1/2006 to 7450-11500 under 6th CPC in the pay band of Rs.9300.0030800 with grade pay of Rs.4600.00..00 As per decision of Government of India dtd. 29/8/2008 pension shall not be less than 50% of the sum of the minimum of the pay scale in the pay band and grade pay corresponding to prerevised pay scale from which pensioner has retired.

(3.) As per the case of the respondent, he was entitled for basic pension of Rs.23,800.00 whereas appellants have fixed the same as Rs.19,950.00. The respondents have not granted the benefit of upgradation of pay of the post of Inspector on the ground that the same was upgraded after retirement of the respondent. The respondent submitted various representations to the appellants as also the legal notice. The appellant ultimately vide letter dtd. 31/1/2020 informed that the respondent was retired from the rank of Inspector on 1/3/1992 from the pay scale of Rs.1640.0060-2600-75-2900 and the revision of pension in compliance with 6th and 7th CPC has been finalized by the office and fixed to Rs.7215.00 per month w.e.f. 1/1/2006 and Rs.19950.00 per month w.e.f. 1/1/2016 respectively which is correct and is in order. It was further stated that the respondent was retired on 1/3/1992, hence, he is not entitled for upgradation of his pay in the pay scale of 6500-200-10500 and the point to grant pay scale of 7450-225-11500 is against the policy of the Government of India. It was also informed that pay scale of 7450-225-11500 is applicable for those CMPF Inspectors who were in service on or after 1/1/2006.