Pre-cut-off voluntary retirees ineligible for notional promotional pay fixation for pension; Article 14 not violated by reasonable classification.

ORDER(Oral)

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicant has filed instant O.A under Section 19 of the Central Administrative Tribunals Act, 1985 seeking following relief:

“(i) the impugned orders/communications dated 14.09.2020 Annexure A-1 along with communication dated 27.8.2020 Annexure A-2, order/communication dated 17.03.2020 Annexure A-3 along with communication dated 4.3.2020 Annexure A-4 may kindly be quashed, in the interest of justice.

(ii) the part of the letter dated 24.6.1993/21.6.1993 Annexure A-5 (Colly) limiting the pensionary benefits to the Audit Officers retired between 1.4.1987 to 31.3.1992 and non-providing the benefits to the applicant-Audit officer retired on 1.1.1987 forenoon by making in-classification between the class of Pensioners may also kindly be quashed being in violative of Article 14 of the Constitution of India.

(iii) That it be declared that the applicant is entitled to pensionary benefits at par with other pensioners, who had retired between 1.4.1987 and 31.3.1992 by fixing pensionary benefits in the pay scale of 2200-75-2800-EB-100-4000, payable w.e.f. 1.4.1992 and accordingly revising the pension at Rs.10140/- w.e.f. 1.1.2006 and Rs.31650/- w.e.f. 1.1.2016 with all consequential benefits along with arrears accrued thereupon, in the interest of justice.

2. The brief facts of the case are that the applicant retired from the post of Audit Officer on 1.1.1987 (F.N.) with last posting at the office of respondent no. 5 in the then Pay Scale of 2375- 75-3200 EB-100-3500 plus special pay of Rs.100 per month after completion of total service of more than 22 years. The applicant was getting basic pay of Rs.2825/- + Special pay of Rs.100/- per month (Rs. 2375 + six increments of Rs. 75/- each = Rs.2825/-) at the time of retirement.

3. The respondent no. 1 issued letter dated 21.6.1993, whereby, the pension of the all Pensioner-Audit Officers who had retired between 1.4.1987 and 31.3.1992 was revised, by adopting revised pay scale of Rs.2200-75-2800-EB-100-4000, resultantly denying the benefits of above pay scale revision for the purpose of pension to the applicant and other pensioners, who had retired before 1.4.1987. In pursuance to letter dated 21.6.1993, pension of the other Audit officers, who retired between 1.4.1987 and 31.3.1992 from the respondent- department have been fixed notionally, payable w.e.f. 1.4.1992 by adopting the pay scale of 2200-75-2800-EB-100- 4000 and accordingly, their pension was revised on the basis of implementation of 6th Pay Commission report, wherein, basic minimum pension was Rs.10140/- w.e.f.. 1.1.2006. After the implementation of 7th Pay Commission their pension was revised in the Pay-Scale of 9300-34800 with grade pay of Rs.5400 on the basis of increments earned at the time of retirement. Accordingly, those pensioners, who had earned 6 increments as is the case of the applicant would be fixed at Rs. 31650/- (i.e. half of Rs.63,300/-) w.e.f. 1.1.2016 with all other statutory benefits thereupon.

4. It has further been pleaded that in the case of the applicant due to bar of benefits in letter dated 21.6.1993, the Basic pension of the applicant has been fixed at Rs. 9230/- instead of Rs.10140/- w.e.f. 1.1.2006 on the implementation of 6th Pay Commission. Further pension of the applicant was revised in the Pay-Scale of 9300-34800 with grade pay of Rs.4600/- on the basis of 6 increments earned at the time of retirement i.e. basic pension of Rs.28,600/- (i.e. half of Rs.53,600/-, whereas it should have been Rs. 31,650/- (i.e. half of Rs.63300/-) w.e.f. 1.1.