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CENTRAL ADMINISTRATIVE TRIBUNAL

ERNAKULAM BENCH

ORIGINAL APPLICATION No. 180/00599/2024

Thursday this the 5^th day of February, 2026

CORAM:

HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER

HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER

K.M. Pillai aged 86 years,

S/o Parameswara Kurup,

Residing at T.C. No. 10/2066(5),

TRA 48, Thozhuvancode,

Vattiyoorkavu, Thiruvananthapuram.

Retired from service as Pay and Accounts Officer,

Ministry of Home Affairs,

New Delhi-110 001 - Applicant

[Mr. K.M. Pillai (party-in-person) ]

Versus

1. The Union of India represented by the Secretary,

Ministry of Home Affairs, NDCC-II Building,

2nd Floor, Jaisingh Road, New Delhi-110001

2. The Secretary, Ministry of Personnel affairs,

Department of Pension and Pensioner's Welfare,

3rd floor, Lok Nayak Bhavan, Khan Market,

New Delhi-110003. - Respondents

[By Advocate : Mr. Thomas Mathew Nellimoottil, SPC]

The Original Application having been heard on 19.01.2026, the

Tribunal on 05.02.2026 delivered the following:

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O.A No. 180/00599/2024

ORDER

Per: Mr. Braj Mohan Agrawal, Administrative Member

The applicant joined as Accounts Trainee on 08.20.1960 in the office

of the Financial Advisor and Chief Accounts Officer, Dandakarnya project

under the Ministry of Rehabilitation. In the course of career progression,

he was promoted as Pay and Accounts Officer. He submits that his

appointment as Pay and Accounts Officer was permanent and had a pay

scale of Rs.840- 40-1200/- on 15.09.1980 and had the concurrence of the

U.P.S.C. The applicant was absorbed to the service of a Central Public

Sector Undertaking i.e Hindustan Aeronautics Ltd on 02.09.1985. The

Pension of the applicant was approved as Rs. 851 plus Rs. 122/- personal

Pension i.e Rs.973/- per month from 02.09.1985. The applicant claims that

his pension was wrongly calculated and his total service and the seniority

were not considered. The Pension applicable to a junior post was applied

to the applicant. Hence this Original Application has been filed by him. In

this case of the applicant also, the policy change introduced vide OM. No

38/37/2016-P and Pw(A) dated 12.05.2017 there is discrimination

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O.A No. 180/00599/2024

between the officers retired before 01.01.1986 and others.

2. The respondents rejected the claim of the petitioner alleging that

the applicant's claim is not tenable as on relevant point of time, the

applicant was not in service. Aggreived by the above, the applicant

approached this Tribunal and sought for the following relief:

“i. To direct the respondents to apply the pay scale as per the 7th CPC,

which is Rs.53100 - Rs.167800 in Serial No.16 in Annexure- A8, to

the applicant which is meant for the Accounts Officer.

ii. To direct the respondents to pay the arrears of Basic pension

difference @ Rs 32600-27600 i.e. monthly difference Rs 5000/- for

104 months, totalling to an amount of Rs.520000/-.

iii. To direct the respondents to pay the arrears of the family pension

at the rate of Rs. 122 per month from 01-09-1985 till date, totalling

to an amount of Rs. 57096/- (468 months x 122), which was not

paid to the applicant.

iv. To direct the respondents to pay the Deafness relief difference of Rs

82440/-

v. To direct the respondents to pay the Age related pension difference

of Rs 85500/-.”

3. The respondent submits that the applicant got permanently

absorbed on 02.09.1985 in Hindustan Aeronautics Limited (HAL), a Public

Sector Undertaking (PSU), with pension from DNK as Rs. 851 + Rs. 122

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O.A No. 180/00599/2024

personal pension= Rs.973/- per month w.e.f. 02.09.1985. However, he got

his full pension w.r.t. Central Govt. commuted on absorption in PSU.

Commuted value of entire pension (commutation of full pension on

absorption in PSU) = Commutation Factor x Last Pension x 12=851 x 13.82

x 12= Rs.1,41,129.84/-

4. It is also submitted by the respondents that his pay scales have

already been revised on 07.09.2017 a