Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 12649

CENTRAL ADMINISTRATIVE TRIBUNAL
M.G. Sewlikar, Member (J)
Satyendra Kumar Singh – Appellant
Versus
Union of India – Respondent
O.A./1379/2024

Advocates:
For the Appellants/Petitioners: Satyendra Kumar Singh
For the Respondents: Mr. P.H. Khobragade

The court ruled that entitlement to Additional Quantum of Pension occurs only upon completing the age of 80 years, not upon entering it.

Headnote:(A) Administrative Tribunals Act - Additional Quantum of Pension - Applicant seeks Additional Quantum of Pension at the age of 80 per various Office Memorandums. The applicant claims entitlement upon entering the age of 80, which is disputed by respondents citing DoPT OM requiring completion of 80 years for eligibility. Courts have varied interpretations, referencing case law for clarity. (Paras 2, 11, 12, 19)

(B) Entitlement - Timing of Additional Pension - The court affirmed that the AQP is only payable upon completion of 80 years, not on entering that age, based on interpretations of relevant laws and judicial precedent. (Paras 11, 12, 18)

Facts of the case:
The applicant, a retired Group ‘A’ officer, claims that AQP is due as soon as he turns 80. He presented relevant OM and case law to support his position.

Findings of Court:
The court clarified that the Rules mandate AQP is available only upon completion of the age of 80, dismissing the applicant's OA on these grounds.

Issues: The primary issue raised was whether AQP could be availed upon entering the age of 80 or only after completing it.

Ratio Decidendi: The court reasoned that explicit language in the pension rules dictates that eligibility for AQP occurs only upon completion of the age of 80, dismissing contrary interpretations.

Result: OA dismissed with no order as to costs.

Table of Content
1. applicant claims pension entitlement upon entering age. (Para 2 , 3)
2. respondents argue entitlement arises only post completion of age. (Para 4 , 7 , 8)
3. court affirms aqp is payable only after age completion. (Para 11 , 12 , 19)

ORDER

Per: Justice M.G. Sewlikar, Member (J)

By this application under Section 19 of the Administrative Tribunals Act , the applicant is seeking relief of grant of Additional Quantum of Pension (AQP) from the date he enters 80 years of age.

2. Facts in brief are that the applicant was a Group ‘A’ Officer in Geology cadre of Geological Survey of India (GSI). He retired on superannuation on 31^st January, 2006. The date of birth of the applicant is 09^th January, 1946. He will step into the age of 80 years on 09th January, 2024. As per O.M. No. 38/37/2016-P&PW (A) dated 04th April, 2016 of Department of Pension & Pension Welfare, the Additional Quantum of Pension is payable as per the information in below mentioned tabulated form:-

Age of the Pensioner/Family Pensioner	Additional quantum of pension to be payable
From 80 years to less than 85 years	20% of revised basic pension/family pension
From 85 years to less than 90 years	30% of revised basic pension/family pension
From 90 years to less than 95 years	40% of revised basic pension/family pension
From 95 years to less than 100 years	50% of revised basic pension/family pension
100 years or more	100% of revised basic pension/family pension

3. He contends that similar position is depicted in OM dated 12^th may, 2017, 23^rd August, 2022, 31^st March, 2022 and 18th October, 2024. According to him, AQP is payable on entering the age of 80 years and not on completion of 80 years of age. It is his contention that a pensioner is entitled to AQP soon after he steps into the age of 80 years and not on completion of 80 years of age. He has placed reliance on the case of Virendra Dutt Gyani (Ex. Acting Chief Justice, Guwahati High Court) vs. UoI and five others in WP (C) 4224/2018, decided on 15.03.2018 and on the case of Bengal Immunity Co. vs. State of Bihar , AIR 1955 SC 661 . He contends that in the case of Virendra Dutt Gyani (supra), Guwahati High Court held that AQP is admissible on stepping into the age of 80 years and not on completion of 80 years of age. This decision of Guwahati Hight Court was challenged in Supreme Court. The Supreme Court dismissed the challenge raised by the Union of India in SLP (Civil), Diary No. 18133/2019, decided on 08^th July, 2019. Armed Force Tribunal has also taken a similar view. Jabalpur Bench of this Tribunal has also taken a similar view. He contends that he is entitled to AQP on entering the age of 80 years.

4. Respondents filed their reply contending that the DoPT OM referred by the applicant clearly states that AQP would be granted after completing 80 years of age with the slight modification that: The additional pension or additional compassionate allowance shall be payable from the first day of calendar month in which it falls due. The DoPT OM dated 18th October, 2024 also gives example to the effect that if date of birth of an employee is 22.08.1942, his enhanced pension will start on 01.08.2022. Thus, the DoPT has given benefit of 21 days. This is a benevolent measure undertaken by DoPT for pensioners by preponing the exact date of birth to the first day of the month in which they were born. The claim of the applicant is pre- mature as he will be completing 80 years on 09th January, 2026 and he has filed this OA before completing the age of 80 years. In terms of Sub-rule (2A) of Rule 49 of CCS (Pension) Rules, a pensioner is entitled to enhanced pension from the date he completes the age of 80 years and, therefore, the applicant is not entitled to pension, he is claiming for.

5. I have heard applicant in person and learned counsel for the respondents, Shri P.H. Khobragade.

6. The applicant has made oral submissions and also has filed written arguments. Read the written arguments.

7. The applicant contends that in the ca

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2025 Supreme(Online)(CAT) 12649

CENTRAL ADMINISTRATIVE TRIBUNALM.G. Sewlikar, Member (J)Satyendra Kumar Singh – AppellantVersusUnion of India – RespondentO.A./1379/2024

The court ruled that entitlement to Additional Quantum of Pension occurs only upon completing the age of 80 years, not upon entering it.

Cases Referred (1)

CENTRAL ADMINISTRATIVE TRIBUNAL
M.G. Sewlikar, Member (J)
Satyendra Kumar Singh – Appellant
Versus
Union of India – Respondent
O.A./1379/2024