Pre-2006 pensioners entitled to revised pension w.e.f. 01.01.2006 at 50% of minimum pay in pay band plus grade pay corresponding to pre-revised scale per VI CPC Resolution; clarificatory OMs illegally deviating quashed.

ORDER (ORAL)

The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) quash the decision of the III-Respondent communicated in the letter No.AT/PSB/VIII/SBI/ CPPC/HYD dated 04.05.2020 at Annexure A3.

(ii) quash the decision of the II-Respondent communicated in the letter No.DRDL/1001/3/SA/PENSION CELL dated 15.01.2021 at Annexure A5.

(iii) modify the Annexure: A2, corrigendum PPO No.CCORRMISC0002992019 dated 08.08.2019, issued by the III-Respondent as to the rate of pension of Rs.24,295/- p.m. to Rs.28,170/- p.m. with effect from 01.01.2006 to 31.12.2015 and the rate of pension of Rs.69,550/- p.m. to Rs.73,800/- from 01.01.2016.

(iv) direct the Respondents to pay the applicant interest at the rate of GPF interest on the arrears of pension due to the applicant as specified in the table at Annexure-A11 from the due dates.

(v) grant such other reliefs as this Hon’ble Tribunal deems fit in the facts and circumstances of the case, in the interest of justice.”

2. Briefly stated the facts necessary for the adjudication of controversy involved in the present application are that the applicant joined services of Union of India, DRDO on 26.06.1967 and he retired from DRDL, Hyderabad as Scientist ‘F’ on 31.05.2005 on attaining the age of superannuation. The applicant was drawing Rs.21,350/- at the time of his retirement. The applicant’s pension was fixed at Rs.15,338/- as per PPO dated 01.06.2005. Subsequently, vide PPO dated 08.08.2019, the pension was revised as under:

1) Rs.16,013/- p.m. with effect from 01.06.2005 to 01.12.2005

2) Rs.24,295/- p.m. with effect from 01.01.2006 to 31.12.2015

3) Rs.69,550/- p.m. with effect from 01.01.2016 for life

3. The pension entitlement of the applicant was further revised fixing the pension at Rs.71,650/- with effect from 01.01.2016. The representation made by the applicant seeking proper fixation of his pension from 01.01.2006 and from 01.01.2016 has been rejected. Being aggrieved, the applicant had filed OA No.126/2021 before this Tribunal, which came to be withdrawn with liberty to file better OA. Hence this OA.

4. Learned Counsel Shri N.G.Phadke appearing for the applicant placing reliance on the judgment of the Hon’ble Apex Court dated 11.07.2019 rendered in CA No.10857/2016 in the case of All Manipur Pensioners Association vs. the State of Manipur and others reported in (2020) 14 SCC 625, submitted that the pensioners’ provisions must be given a liberal construction as a social welfare measure and such pensionary benefit should not be unreasonably denied to an employee on technicalities. Principles enunciated in D.S.Nakara and others vs. Union of India, (1983) 1 SCC 305 are fully applicable, no discrimination could be made between pre-2006 retirees and post-2006 retirees in granting pension. Further, learned Counsel submitted that the issue involved herein is squarely covered by the order of the Full Bench of this Tribunal (Principal Bench) dated 01.11.2011 in OA No.655/2010 and allied matters confirmed by the Hon’ble High Court of Delhi, New Delhi in W.P.No.1535/2012 and connected matters (DD: 29.04.2013) and further by the rejection of SLP (C) No.23055/2013 dated 29.07.2013 and Review Petition No.2492/2013 dated 12.11.2013. Based on the aforesaid judicial orders, learned Counsel sought for revision of monthly pension of the applicant at 50% of his pay in the Pay Band and Grade Pay with effect from 01.01.2006 i.e., Rs.28,170/- (50% of Rs.56,340/-) and Rs.73,800/- (50% of Rs.1,47,600) with effect from 01.01.2016. Learned Counsel inviting the attention of the Tribunal to the reply statement sub