ORDER

By Hon’ble Dr.Chhabilendra Roul, Member (A): -

The subject matter in all three OAs are exactly the same, the relief sought by the three applicants in three OAs are also exactly same.

In view of this, the three OAs are decided together and copy of this order shall be placed in each of the OAs.

1. The applicants in above three OAs have sought identical relief which is as follows:-

(i) Re-fix and do Re-revision / correction to the applicant‟s pension w.e.f. 01.01.2016 as per 7 th CPC Pension Rules in case of Pre 2016 Retiree pensioners while applying the correct corresponding pay scale of Rs. 12,000-16,500 for 5th CPC and considering the correct concordance table (but not 37 or other way) in terms of Office Memorandum dated 06th July 2017 issued by the Govt. of India (Ministry of Personnel, P.G. and Pensions Department of Pension & Pensioners‟ Welfare) for the purpose of evaluating the fixation of his pension since 01.01.2016.

(ii) Issue fresh PPO (Pension Payment Order) accordingly.

(iii) Pay the admissible arrears w.e.f.

01.01.2016 to update along with an interest of 18 P.A. (iv) Any other or further order the Hon‟ble Tribunal deems fit and proper, may also be passed in favour of the applicant in the interest of justice along with the cost of litigation.

2. The factual matrix of the present cases are as follow:-

1. (OA-1540/2021)- The applicant (Shri K.P. Raizada) retired on 30.06.1991 from the post of Deputy Director Education, Government of NCT of Delhi in the pay scale of Rs. 3000-5000 with the last pay drawn of Rs. 4875/- per month during the currency of implementation of recommendations of the 4th Central Pay Commission (CPC).

2. (OA-1541/2021) The applicant (Shri Y.P. Purang) retired on 04.03.1991 from the post of Deputy Director Education, Government of NCT of Delhi in the pay scale of Rs. 3000-5000 with the last pay drawn of Rs. 4875/- per month during the currency of implementation of recommendations of the 4th Central Pay Commission (CPC).

3. (OA-1537/2021) The applicant (Shri Q.L Bagga) retired on 04.03.1991 from the post of Deputy Director Education, Government of NCT of Delhi in the pay scale of Rs. 3000-5000 with the last pay drawn of Rs. 4875/- per month during the currency of implementation of recommendations of the 4th Central Pay Commission (CPC)

2.1 The abovementioned three applicants in all three OAs were receiving their pension as per the prevalent rates during the recommendations period of 4th & 5th CPC. The Government accepted the recommendations of 5th CPC and revised the pay scale of Deputy Directors of Education w.e.f. 01.01.1996 at the pay scale of Rs. 10,000-15,200/-. The present applicants were receiving the pension as per this pay scale till the end of the currency period of recommendations of the 5th CPC. The pay scale of the Deputy Directors Education was further modified w.e.f. 01.01.2006 at Rs.15,600-39,100/- with Grade Pay of Rs. 6,600/-. Three applicants in all these OAs have got their pension as per the corresponding recommendations of the 6th CPC till the end of 31.12.2015. The Government accepted the recommendations of the 7th CPC and made it effective from 01.01.2016. The Department of Pension and Pensions Welfare, Government of India vide its OM dated 12.05.2017 notified the manner in which the pension of pre 2016 pensioners will be revised. Paragraph No.4 of the said OM states as follows:- <br/>

“4. The aforesaid Committee has submitted its Report and the recommendations made by the Committee have been considered by the Government. Accordingly, it has been decided that the revised pension/family pension w.e.f. 01.01.2016 in respect of all Central Civil pensioners/family pensioners, including CAPF's, who retired/died prior to

01.01.2016, may be revised by notionally fixing their pay in the pay matrix recommended by the 7 CPC in the level corresponding to the pay