Pre-2006 pension must be 50% of minimum pay in corresponding pay band + grade pay, per 6th CPC resolution; clarificatory OMs quashed.

ORDER

Per Justice Om Prakash VII, Member-J

The applicant has filed this Original Application (OA) seeking the following relief(s):-

1. “To issue, a writ, order or direction in the nature of Certiorari to quash the impugned PPO dated 24 Jul 2012 (annexure-A-1 to compilation no.1) issued by respondent no.5 and para 4 and its annexure to OM dated 28.01.2013 (annexure-A-2 to compilation no.1) passed by respondent no.1 be also quashed.

2. To issue, a writ, order or direction in the nature of Mandamus to respondents to issue revised PPO to the applicant by fixing the pension of applicant’s husband at Rs. 8520.00 p.m. from 01.01.2006 plus admissible Dearness relief payable from time to time and arrears be directed to be paid to the applicant from 01.01.2006 to 31.12.2015 along with 18% p.a. interest from 01.01.2006 to the date of actual payment.

3. To issue another writ, order or direction in favour of the applicant as deemed fit and proper in the circumstances of the case.

4. Award the cost of the Application in favour of the applicant.”

2. Briefly stated, the facts of the case are that the applicant’s husband, who was serving as Assistant in Ordnance Depot, Allahabad, retired from service on attaining the age of superannuation w.e.f. 31.3.2004. After retirement, the husband of the applicant was issued PPO, which was subsequently amended. A corrigendum PPO was issued in favour of applicant’s husband on 24^th July, 2012 by means of which pension w.e.f. 1.1.2006 has been revised.

2.1 Para 5.1.47 of 6^th Central Pay Commission made recommendation to fix pension to pre-2006 retirees and the same was accepted by the Government vide resolution dated 29.8.2008 by means of which it has been provided that the fixation as per above will be subject to the provision that the revised pension in no case shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. Thereafter, the Government of India issued O.M. dated 1.9.2008 for revision of pension for implementation of the recommendations of 6^th CPC to the pre- retirees of 2006 pensioners. Government of India issued another O.M. dated 3.10.2008 whereby clarification has been issued with regard to para 4.2 of the letter dated 1.9.2008 that “the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of pay in the Pay band (irrespective of pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale” contrary to the resolution passed by the Cabinet, which has been accepted by the Government. Another O.M. dated 14^th October, 2008 was issued affirming the contents of O.M. dated 3.10.2008.

2.2 Being aggrieved, numbers of affected persons had rushed to Principal Bench of this Tribunal by filing O.A. No. 655 of 2010 and other connected O.As. assailing the O.Ms dated 3.10.2008 and 14.10.2008, which came to be decided by passing a common judgment and order dated 1.11.2011 by quashing the aforementioned O.Ms. Thereafter, the respondents, therein, carried the matter before the Hon’ble High Court by filing Writ Petition No. 2348-50 of 2012, which came to be dismissed vide judgment and order dated 29.4.2013 by affirming the judgment and order of Principal Bench of the Tribunal with a further direction to comply with the order of the Tribunal within two months. Being dissatisfied, the Union of India had knocked the door of Hon’ble Supreme Court by filing SLP Nos. 23055 of 2013 and 36148-50 of 2013 challenging the order of Hon’ble High Court, which too came to be dismissed vide order date