Pensioners must be treated equally, and arbitrary classification based on retirement dates violates constitutional rights.

ORDER

Hon’ble Mr. Manish Garg, Member (J):-

In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):

“(i) To direct the respondents to fix the pension of applicant at Rs. 1,02,700/- w.e.f. 01.01.2016 with reference to Level-16 of Pay Matrix (Pay Scale of Rs. 2,05,400-2,24,400 as stipulated in table no. 55 with all arrears from due date.

(ii) To declare the action of respondents in not revising the pension of applicant to Rs. 1,02,700/-w.e.f. 01.01.2016 with reference to Level-16 of Pay Matrix (Pay Scale of Rs. 2,05,400-2,24,400 as illegal and unjustified and pass appropriate consequential directions to revise the pension of applicant to Rs. 1,02,700 w.e.f. 01.01.2016 as granted to similarly placed persons namely V.P. Mohan (Himachal Pradesh), P.M. Sangal (Mizoram), B.K. Bardhan Roy, (West Bengal) and O.P. Lal (Bihar) and release the arrears of pension alongwith 9% interest.

(iii) To allow the OA with cost.

(iv) To pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted that present O.A. has been filed by the applicant regarding alleged inaction of the respondents in respect of his representation dated 26.09.2019. Learned counsel for the applicant stated that the applicant retired as Chief Conservator of Forest from Bihar. His counterpart Chief Conservators who retired around same time from other states, were given the benefit of 7th Central Pay Commission regarding revised pension applicable to Chief Conservator of Forest. Despite his repeated representations, action in respect of his representation has not been communicated to the applicant as yet. He has cited a letter dated 09.07.2018 wherein the Ministry of Environment, Forests & Climate Change have directed the Accounts General (A&E) to redress the grievance of the present applicant. So far, he has not received any communication in respect of his grievances. Being aggrieved he has filed the present Original Application.

2.1 He further submitted that the applicant who retired on attaining the age of superannuation on 30.04.1993 from Indian Forest Service in the pay scale of Rs.7300-100-7600/-, is aggrieved by the action of the respondents in not revising his pension as per DoP&T OM dated 12.05.2017 and in the same manner in which the pension of identically placed persons namely Sh. V.P. Mohan (Himachal Pradesh), Sh. P.M. Sangal (Mizoram), Sh. B.K. Bardhan Roy (West Bengal) and Sh. O.P. Lal (Bihar) has been revised w.e.f. 01.01.2016. Learned counsel for the applicant submits that at the time of retirement, the pension of the applicant was fixed at Rs.3665/- and thereafter, on implementation of the recommendation of the 5th CPC, his pension was fixed by revising the pay scale notionally to Rs.24050-650-26000 and the total pension amount as on 01.01.1996 was fixed as Rs.12025/-. Subsequently, similar action was taken under the 6th CPC, the notional pay scale was determined corresponding to scale of Rs. 75500-3%-80000 and on the basis of the said pay scale, his pension was fixed at Rs.38,883/- w.e.f. 01.01.2006. Thereafter, on implementation of the 7th CPC, his pension was required to be revised by the respondents by applying the same criteria. However, as per the DoPT OMs dated 04.08.2016 & 12.05.2017, the pension of the applicant was also required to be revised by the respondent nos. 1 & 2 like all other similarly placed persons as fixed by their respective Accountant Generals of their states. Accordingly, the pension of the applicant as well as the other identically placed persons who retired as Principal Chief Conservator of Forests (PCCF) of different states was revised and their pension was correctly fixed as Rs.1,02,700/- with reference to the notional pay arrived at Rs.2,05,400/-. Whereas, in case o