O R D E R

By Hon’ble Dr. Sanjiv Kumar, Member (A)

The instant OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking relief to quash Sr. DFM Allahabad letter No. 4/pension/Misc/2016 dated 04.02.2016 and Department of Pension and Pensioners Welfare OM No. 38/37/08 P- & PW (A) dated 28.01.2013 and 30.07.2015, and to direct GM, NCR, Allahabad to refix the pension of the applicant strictly in terms of Modified parity formula as accepted by the Govt. vide resolution No. 38/37/08 P- & PW (A) dated 29.08.2008 keeping in view the formula containing factor of

1.86 Basic pension + DP+DR and to direct GM, NCR to arrange payment of arrears w.e.f. 31.01.2006 to date within a period of two months.

2. The fact of the applicant is that he retired from the Railways on 31.01.2003 as Senior A/Cs Officer in pre-revised scale of Rs. 10000 – 15200. As per the applicant his pension was wrongly fixed as Rs. 12181/- per month vide PPO No.0103030081 dated 31.01.2003. Again in terms of Railway Boards letter No. F(E) III/2008/PNI/12 dated 11.02.2013 in compliance with DOP and PWs OM dated 28.01.2013 it was wrongly refixed as Rs. 12600/- in place of Rs. 14660/- per month vide PPO No. 1303022315 dated 27.06.2013. Thirdly on application for correct fixation it was once again refixed wrongly the same amount of Rs. 12660/- in contravention of CAT’s order which was confirmed by the Hon’ble Supreme Court. Wherein the pension of pre 2006 retirees was directed to be fixed in terms of Modified parity formula. The applicant submitted an application dated 07.03.2016 to the authority to correct the wrongly refixed revised pension but no reply has been received so far. Again application dated 04.04.2016 was submitted to the GM, NCR, Allahabad and the third application dated 30.05.2016 was written to the Secretary, Railway Board, and that controversy in this case has arisen due to non implementation of VIth Pay Commissions recommendation under para 5.1.47 wherein the DOP an PW resolution No. 38/37/08 P-PW (A) dated 29.08.2008 was accepted with certain modifications termed Modified Parity Formula in case of pre 2006 retirees.

3. The applicant claimed that this controversy has already been resolved by the Principal Bench of this Tribunal in OA No. 655/2010 vide order dated 01.11.2011 which has been upheld by the Hon’ble Supreme Court also. Ignoring these orders the administration is adopting old formula of fixation already deprecated understanding of the Govt. order. Hence, as claimed by the applicant the pension should be revised according to the accepted formula and OA should be allowed and relief should be granted.

4. On notice the respondents have filed their counter affidavit wherein they have explained how they have calculated and fixed the pension of the applicant and they have also filed the PPO issued to him and the circular instruction dated 01.09.2008 alongwith the fitment table and the formula has been filed and they assert that the pension of the applicant has been calculated correctly as per the Govt. approved formula and there is no discrepancy. Hence, the OA should be dismissed.

5. The applicant has filed rejoinder affidavit wherein he reiterates his stand as in the OA. The applicant has also filed detailed written arguments wherein he reiterated his stand as in the OA.

6. The case came up for final hearing on 04.12.2023. Shri R.K. Yadav, the applicant in persona and Shri K.K. Ojha, learned counsel for the respondents were present and heard. I have gone through the records carefully and considered the rival contentions.

7. For my consideration the limited question is whether the applicant’s pension has been correctly fixed in terms of the Ministry of Personnel, Public Grievances and Pension and Pensioners Welfare Resolution dated

29.08.2008 where at para 12 following is mentioned:-