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2005 Supreme(Mad) 790

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE R. BALASUBRAMANIAN & THE HONOURABLE MR. JUSTICE T.V. MASILAMANI
Union of India, represented by the Director General & Another - Appellant
Versus
K.S.Krishnaswamy & Another - Respondents
W.P.NOS.24444 TO 24451/2001, 14913/2002, 30047/2002, 45135/2002 AND 32527/2004
Decided On : 29 April 2005

Advocates Appeared:For The Petitioners:V.T. Gopalan, ASG, Rahu Manohar, T.K. Ramkumar, Advocates. For The Respondents:S. Udayakumar, K. Subramaniam, SC, L. Chandrakumar, Advocate.

Headnote:Service Law-Pension---Claim of benefit by pensioners-Ex executive taken for the classification is in accordance with rules framed u/A 77 (3)-Said classification being an integral part of office memorandum can to be challenged-Held, challenge not sustainable.

Judgment :-

R. Balasubramanian, J.

The first respondent in W.P.Nos.24444/2001 to 24451/2001 is the respective pensioner retired from Government of India service. The writ petitioner in W.P.No.14913/2002 is the first respondent / pensioner in W.P.No.24450/2001. The first respondent in W.P.No.30047/2002 and W.P.No.32527/2004 are again the respective pensioner retired from Government of India service. The writ petitioner in W.P.No.45135/2002 is yet another pensioner retired from Government of India service. Each of the pensioner in W.P.Nos.24444/2001 to 24451/2001 went before the Central Administrative Tribunal, Madras Bench by way of separate applications claiming payment of pension calculated on the minimum scale of pay of Rs.14,300 – 18,300 – the revised pay scale introduced with effect from 01.01.1996. Incidentally, any individual order passed against them denying such pension benefit was sought to be quashed. All those applications were taken up on file by the Central Administrative Tribunal, Madras Bench as O.A.Nos.432 to 438/2000 and 639/2000. By a common judgment dated 21.06.2001, all the original applications were ordered granting the substantial relief namely, each of the pensioner is entitled to the benefit of the office memorandum dated 17.12.1998 and that their pension has to be calculated on the minimum pay scale on Rs.14,300 – 18-300, being the revised pay scale introduced with effect from 01.01.1996 and fixed a time schedule for compliance of the said order. The writ petitioner in W.P.No.14913/2002 challenges O.M.No.45/86/97 dated 11.05.2001. In W.P.No.30047/2002, the Union of India is challenging the relief granted to the first respondent therein/pensioner by the Central Administrative Tribunal, Madras Bench in O.A.No.181/2001. In that case, the pensioner went before the Tribunal to set aside the order denying him his fixation of pension on the revised pay scale introduced with effect from 01.01.1996 and for fixation of his pension on the revised pay scale namely, Rs.14,300 – 18,300. The Tribunal allowed the original application and granted the relief directing the authorities concerned to fix the pension payable to the pensioner at not less than 50% of the corresponding pay scale as on 01.01.1996 on the scale of Rs.4,500 – 5,700 drawn by him at the time of his superannuation on 31.05.1986. In W.P.No.45135/2002 the pensioner is the writ petitioner. He went before the Central Administrative Tribunal, Madras Bench in O.A.No.1307/2001 for a direction to the concerned authority to fix his pension on the revised pay scale of Rs.14,300 – 18,300 with effect from 01.01.1996, which was negatived by the Tribunal taking into account the office memorandum dated 11.05.2001. In W.P.No.32527/2004 the Union of India is challenging the order in O.A.No.953/2003 on the file of the Central Administrative Tribunal, Madras Bench, directing the fixation of the pensioner's pension on the basis of the office memorandum dated 17.12.1998. The pensioner's case is that his pension must be fixed on the revised pay scale of Rs.24,050 – 26,000 introduced with effect from 01.01.1996 in replacement of his earlier pay scale of Rs.22,400 – 26,000.

2. Heard the learned Additional Solicitor General for the Union of India; Mr.K.Subramaniam learned senior counsel appearing for the pensioners in W.P.Nos.24444/2001 to 24451/2001 and for the petitioner in W.P.No.14913/2002; Mr.L.Chandrakumar; M/s. Paul & Paul and Mr.S.Muthukumar for the pensioners in the other three writ petitions. Learned Additional Solicitor General would submit that the pensioners' pension in this case, if has to be fixed on the basis of the office memorandum dated 17.12.1998, then, as directed in that office memorandum, it shall not be less than 50% of the minimum of the revised scale of pay introduced with effect from 01.01.1996 for the post last held by the pensioner at the time of his retirement. Admittedly, on the date of retirement, the pensioners in W.P.Nos.24444/2001 to 24451/200























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