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REKHA PALLI, RAJNISH BHATNAGAR
Virendra Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present writ petition under Articles 226 & 227 of the Constitution of India seeks to assail the order dated 11.03.2019 passed by the learned Central Administrative Tribunal (the learned Tribunal) in Original Application (O.A.) No. 793/2019. Vide the impugned order, the learned Tribunal has dismissed the OA preferred by the petitioners/applicants and has consequently rejected their prayer seeking directions to the respondent to upgrade their pension by revising the pay scale corresponding to scale of Rs. 25,000-650-30,200 (known as E-9A) w.e.f., 01.01.2007.
2. The petitioners were Group A officers working with the Ministry of Telecom and Communication (DOT), who superannuated on different dates between 2001-2004. Based on a policy decision, the petitioners, were in 2005, granted an option to be absorbed in Bharat Sanchar Nigam Limited (BSNL), an autonomous organization w.e.f 01.10.2000. All the petitioners, having submitted their option for being absorbed in BSNL w.e.f 01.10.2000, were treated as employees of BSNL and were therefore governed by the pay scales as applicable in BSNL for the purpose of receiving their pensionary benefits. It is the p
The fixation of payscale should be left to the wisdom of the employer, and the court should exercise restraint while dealing with such matters.
Promoted Group-A officers from non-organized service not entitled to upgraded pay scale given to direct recruit organized Group-A after cadre merger withdrawn ab-initio; prior final speaking order ba....
Pension fixed on higher pay scale granted by competent authority and continued for decades cannot be reduced retrospectively after retirement due to delay, absence of notice, and violation of natural....
Claims for salary fixation based on pay anomalies are not barred by limitation as they are considered continuing wrongs, necessitating rectification.
Pre-2006 retirees entitled to pension refixation at 50% of minimum pay in revised VI CPC pay band + grade pay of post held; lower slab fixation discriminatory and violative of Article 14 equality.
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