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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI,
SUNIL BENIWAL
B.L. Sharma S/o. Shri Phusa Ramji Sharma – Appellant
Versus
Union of India, Through the Secretary, Government of India, Ministry of Communication – Respondent
JUDGMENT :
Sunil Beniwal, J.
In D.B. Civil Writ Petition No.7818/2019 :-
1. The petitioner has filed the present writ petition assailing the order dated 19.10.2016 passed by the Director of Accounts (Postal), Ministry of Communications and Information Technology, Department of Posts, Jaipur; the order dated 26.10.2018 passed by the Central Administrative Tribunal, Jodhpur, while deciding Original Application No. 290/00071/2017; and the order dated 08.04.2019 passed by the Central Administrative Tribunal, Jodhpur, while deciding Review Application No.290/0004/2019, whereby the review petition filed by the petitioner was dismissed.
2. The facts which led to the filing of the Original Application No.290/00071/2017 before the Central Administrative Tribunal, Jodhpur, in a nutshell, are that the petitioner got superannuated on 28.02.1991 while holding the post of Superintendent. At the time of his superannuation, he was in the Pay Scale of PSS Group-‘B’ (Rs.2000-60-2300-75-3200-100-3500) due to post facto promotion. At the time of his retirement, his pension was fixed at Rs.1338/-. Upon implementation of the 5th and 6th Central Pay Commissions (hereinafter to be referred as ‘the CPC’) w.e.f
Pensioners retiring before 01.01.2006 are not entitled to benefits applicable to later retirees; pension must not be lower than 50% of minimum pay in the pay band.
Pension is not a bounty but a recompense for long years of service, and the date from which the pensioner shall be entitled to the benefit of revision cannot be arbitrarily determined by the employer....
The court established that pension fixation must comply with the relevant Office Memorandums and rules, affirming that pension is a right and must be calculated based on the correct interpretation of....
Pension calculations for retiring employees must conform to issued Office Memorandums, and claims for parity with post-2006 retirees must be substantiated through challenge of existing regulations, o....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
The determination of pension eligibility for retired personnel must adhere strictly to prescribed calculations without erroneous modifications or assumptions.
The court ruled that all pensioners, regardless of retirement date, are entitled to pension revisions, upholding equal treatment principles.
The main legal point established in the judgment is that the pension payable to a retired Member of the Central Administrative Tribunal should be calculated by taking into account the total service r....
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