The main legal point established in the judgment is the validity and applicability of the memorandums issued by the Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievance and Pensions, Government of India, and the requirement for completion of qualifying service and promotion procedures for entitlement to revised pension based on the 5th Central Pay Commission recommendations.

SANJIV KHANNA, J.

1. This is the second round of litigation. B.T. Manglani, the petitioner had earlier succeeded when, vide the order dated 3rd September, 2009 the OA No.173/2009 filed by him was allowed by the Tribunal with the direction that he was entitled to the benefit of revised pension in the grade of Rs.14,300 - 18,300/- with effect from 01.01.1996. This order and direction was set aside in Writ Petition (Civil) No.3274/2010 decided on 30th March, 2011 with an order of remit. This judgment of the High Court refers and quotes from the decision of the Supreme Court in K.S. Krishnaswami etc. Vs. Union of India (2007) 2 SCC (L&S) 491. We shall be referring to this judgment in detail subsequently.

2. The impugned order and final judgment dated 9th May, 2012 dismisses OA.No.173/2009. The second order under challenge dated 27th November, 2013 dismisses the Review Application No.235/2012 filed by the petitioner.

3. The petitioner was appointed as Junior Engineer in the Delhi Development Authority (DDA for short) in the year 1961. He was promoted as the Executive Engineer, a Group A Service post in November, 1979, and as the Superintending Engineer in November, 1993 in the pay scale of Rs 3700-5000. He retired from the same post on superannuation from service on 30.09.1995 after having completed about fifteen and a half years of service at a Group A post.

4. The Fifth Central Pay Commission recommendations were made applicable to the DDA with effect from 1st January, 1996. The pay scale of Rs.3700-5000 of the petitioner at the time of retirement was replaced with the pay scale of Rs.12,000-16,500.

5. On 30th September, 1997, the Government of India notified their policy pertaining to fixation of pension of Central Government Employees who had retired prior to 1st January, 1996 i.e. prior to implementation of the recommendations of the Fifth Central Pay Commission. The relevant portion of the said policy provides as under:

“Accepted with modification that 40% of the basic pension shall be added while consolidating the pension as on 1-1-1976 but the consolidated pension as on 1-1-1996 shall not be raised to 50% of the minimum pay in the revised scale of pay introduced w.e.f. 1-1-1996 of the post last held by the pensioner.”

6. On 17th December, 1998, the Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievance and Pensions, Government of India issued an Office Memorandum regarding implementation of the decision taken by the Government relating to retirement benefits. The relevant portion thereof reads as under:

“The undersigned is directed to say that in wake of a large number of representations received by the Government from the Pensioners Association as well as individuals, the Government has reconsidered its decision on the recommendations of the Vth Central Pay Commission regarding revision of pension / family pension as contained in Paras 137.14 and 134.30 of the report. The President is now pleased to decide that w.e.f. 1.1.1996 pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced w.e.f. 1.1.1996 of the post last held by the pensioner. However, the existing provisions in the rules governing qualifying service and minimum pension shall continue to be operative. Similarly w.e.f. 1.1.1996 family pension shall not be less than 30% of the minimum pay in the revised scale introduced w.e.f. 1.1.1996 of the post last held by the pensioner / deceased Government servant…..”

(Emphasis Supplied)

7. Subsequently, on 11th May, 2001, Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievance and Pensions, Government of India issued another office memorandum, relevant portion of which reads:

“In the course of implementation of the above order, clarifications have been sought by the Ministries / Departments of the post last held by the pensioner at the time of his/ her superan