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2025 Supreme(Online)(CAT) 15482

CENTRAL ADMINISTRATIVE TRIBUNAL
B S Pakeerappa – Appellant
Versus
M/o Agriculture – Respondent
O.A./170/2023



CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00170/2023 DATED THIS THE 28TH DAY OF NOVEMBER, 2025 HON’BLE MRS. JUSTICE S SUJATHA ...MEMBER(J) HON’BLE DR.SANJIV KUMAR ...MEMBER(A)

Shri B.S.Pakeerappa, S/o Late Hanumanthappa, Aged about 79 years, Retd. Technical Staff, ICAR Indian Institute of Soft & Water Conservation (CISWE), (Formerly known CSWCRTI), Research Centre, Bellary -583104. Res: Allpur PO, Bellary -583104. ...Applicant (By Advocate Shri B.S.Venkatesh Kumar)

Vs.

1. Union of India, Represented by Secretary, Ministry of Agriculture, Krushi Bhavan, New Delhi -110001.

2. The Director, Indian Institute of Soil &

Water Conservation (CSWCRTI), 218, Koulgarh Road, Dehru Dun-248191.

3. The Chief Administrative Officer, Indian Institute of Soil &

Water Conservation (CSWCRTI), 218, Koulgarh Road, Dehra Dun -248191.

4. The Chief Finance & Account Officer, Indian Veterinary Research Institute, Izatnagar-243122(UP), 5. The Head of the Centre, ICAR, Indian Institute of Soil &

Water Conservation (CSWCRTI), Research Centre, Bellay-583104. ...Respondents (By Advocate, Shri K.Gajendra Vasu for Respondents No.1 to 5)

O R D E R Per: Justice S.Sujatha ...........Member(J)

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

“(a) call for relevant records leading to the issuance of impugned order No.F.23-2120/2004-Pension dated 26.05.2022 at ANN-A10 issued by R-4 and quash as arbitrary, unjust, unfair and not a reasoned speaking order. (b) direct the Respondents to fix the basic pension of the Applicant as Rs.27,243/- (31 years 6 months) from 01.01.2006 to 31.12.2015 and from 01.01.2016 to till today and to draw the difference amount of pension for ten years and to draw difference of arrears of pay and allowance as shown in due drawn statement enclosed with ANN-A6 with time frame in the interest of justice and equity.

And (c) pass any other order or direction as deemed fit by this Hon’ble Tribunal including an order for award of cost of this applicant in the interest of justice and equity.”

2. Briefly stated the facts as narrated by the applicant are that he was working as Textile Staff in the Respondent Department and retired on 30.06.2004. Pursuant to which, Respondent No.3 has fixed his pension showing old pay scale as on the date of retirement as Rs.5500-175-9000/- [Rs.9300/- (6200+3100 DP)]. The applicant’s pay was fixed under 7th CPC as Rs.56,900/- and the revised pension was fixed at Rs.28,450/- with effect from 01.01.2016. However, Respondent No.4 vide letter dated 07.01.2020 reduced the pension of the applicant to Rs.20,550/-. Being aggrieved, the applicant submitted his representation dated 11.05.2020 before the Respondent No.3 to revise his pension calculation issued as per 7th CPC. In response, Respondent No.4 informed vide letter dated 22.10.2021 that due to revision of 7th CPC, the pension of the applicant has been revised to Rs.20,550/- as per the pay matrix table No.22 in the pay of Rs.6,200/-. Further representations made by the applicant seeking for rectification of error in revision of his pension/PPO, has not fetched any positive response except informing that the matter has already been considered and the decision has already been intimated. Hence this OA.

3. Learned Counsel Shri B.S.Venkatesh Kumar representing the applicant argued that in terms of Office Memorandum dated 01.03.2004 issued by the Ministry of Finance, Department of Expenditure, the pensioners retiring between 01.04.2004 to 31.12.2005 are entitled to a special dispensation. DA equal to 50% of the basic pay would be treated as basic pay for purposes of computation of pension in respect of basic pay received by them prior to 01.04.2004. In view of the said instructions the applicant’s basic pay was fixed at Rs.9300/- i.e., Rs.6200+3100 (DA equal to 50% of basic pay) to compute the pension amount, he having been retired on 30.06.2004 from the Governmen

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