PAY & ACCOUNTS OFFICER Vs. S.VEERABHADRAIAH

JUDGEMENT

(1.) The petitioners have challenged the legality of the order, dated 07.12.2017, passed by the learned Central Administrative Tribunal, Hyderabad Bench, Hyderabad in O.A.No.021/0040/2017, whereby the learned Tribunal had granted the benefit of the upgraded pay scale of Rs.6500-10500, and the corresponding pay scale in the VI CPC, and Grade Pay of Rs.4600/- for the purpose of re-fixation of the applicant's pension. Moreover, the learned Tribunal had directed the respondents (the petitioners before this Court) to re-fix the pension of the applicant in accordance with the instructions in the Office Memorandum dated 06th April, 2016, and pay the consequential arrears within a period of three months from the date of receipt of a copy of the order.

(2.) Briefly the facts of the case are that on 19.11.1956 the applicant, Mr. S. Veerabhadraiah, joined in the National Sample Survey Organization as an Investigator. In April, 1982, he was promoted as a Superintendent, Field Operations Division. Subsequently, on 01.05.1982, he was absorbed in the National Hydro-Electric Power Corporation Limited. Therefore, the applicant was deemed to have retired from the Government of India after putting in service of twenty-six years. The applicant retired on 06.07.1984. After his retirement, his pension was revised to Rs.6,840/-, and his restored one-third pension was fixed at Rs.4,824/- w.e.f., 01.01.2006. Since the applicant was aggrieved by the denial of the benefit of upgraded pay-scale of Rs.6500-10500, and the corresponding pay-scale under the VI CPC, and the Grade Pay of Rs.4,600/- for the purpose of re-fixation of his pension, and since he was of the opinion that his pension, in fact, should be re-fixed as Rs.8345/-, he filed the present OA before the learned Tribunal. As mentioned hereinabove, by order, dated 07.12.2017, the said OA was allowed in the aforementioned terms. Hence, this petition before this Court.

(3.) The issue before the learned Tribunal was whether those retirees, who retired prior to 2006, would be entitled to the benefit of upgradation of posts subsequent to their retirement, and thus would be entitled to the upgradation of their pay scale, and re-fixation of the pay or not? The said issue was decided by the Delhi High Court in the case of Ram Phal v. Union of India,2017 2 SLR 1982 Delhi wherein the Delhi High Court had not only quashed the Office Memorandum dated February 11, 2009, which had denied such benefit to the pre-2006 retirees, but had also directed the respondents therein to give the benefit of the upgraded pay scale, and to re-fix the pension of the pre-2006 retirees.