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Central Administrative Tribunal
Principal Bench, New Delhi.
OA-847/2017
Reserved on : 10.12.2018.
Pronounced on : 28.12.2018.
Hon’ble Ms. Praveen Mahajan, Member (A)
Sh. Balbir Singh,
S/o Late Sh. Ram Narain Sharma,
Age: 71 years
Retired as Data Processing Assistant
Group:C
R/o P-60, Sector-XI, Noida
Gautam Bugh Nagar,
Uttar Pradesh-201301.
….
Applicant
(through Sh. Tanvir Ahmed Ansari, Advocate)
Versus
1. Union of India through
Secretary,
Ministry of Statistics and Programme Implementation
Sardar Patel Bhawan,
Parliament Street, New Delhi.
2. Senior Accounts Officer,
Pay & Accounts Officer,
Ministry of Statistics and Programme Implementation
Sardar Patel Bhawan,
Parliament Street, New Delhi.
3. Secretary (Pension),
Ministry of Personnel, PG and Pension,
Department of Pension and Pensioners Welfare,
Lok Nayak Bhawan, Khan Market,
New Delhi.
4. Director,
Ministry of Statistics and Programme Implementation,
National Sample Survey Office,
Data Processing Centre,
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OA-847/2017
Sankhyiki Bhawan,
Maharshi Valmiki Marg,
Near Karkardooma Court,
New Delhi-110032.
…. Respondents
(through Sh. Manish Kumar, Advocate)
O R D E R
Through the medium of this O.A., the applicant has sought the
following reliefs:-
“(a)
Quash and set aside the order dated 22.09.2016 issued by the
Respondent No.1.
(b)
Direct the Respondents to grant the applicant grade Pay of
Rs.4600/- w.e.f. 01.01.2006.
(c)
Direct the Respondents to fix the Basic pension of the applicant
at Rs.9515 w.e.f. 01.01.2006 and pay arrears to the applicant with
interest @ 15% per annum.”
2. The facts of the case are that the applicant was appointed as
Data Processing Assistant in the year 1984. The 5th Central Pay
Commission (CPC) placed all the Data Processing Assistants of the
Department in the pay scale of Rs.5500-9000/-. After completion of
12 years, the applicant was granted 1st ACP in the pay scale of
Rs.6500-10500/- w.e.f. 09.08.1999. The applicant retired on
superannuation from the post of Data Processing Assistant, Grade-III
on 30.11.2005. The applicant was granted pro rata pension at
Rs.4115/- vide order dated 02.11.2005 as per table below:-
Last 10 months pay with DP
:
12630
Last 10 months average pay
:
12630
Pension:50% of 12630
:
6315
Basic Pension with pro rata
:
4115
(6315x21.5/33)
3
OA-847/2017
The 6th CPC recommended that the posts of Scientific Staff in
the pay scale of Rs.6500-10500/- carrying minimum qualification of
engineering degree or a post graduate degree should also be
upgraded and placed in the pay scale of Rs.7450-11500/-
corresponding to the revised pay band of Rs.9300-34800/- along with
grade pay of Rs.4600/-.
3. The applicant avers that the respondents granted the grade
pay of Rs.4600/- to his juniors w.e.f. 01.01.2006 but have denied the
same to him. The anomaly is regarding revised fixation of Grade Pay
of Rs.4200/- instead of Rs.4600/- as fixed for all Data Processing
Assistants. The said disparity is clarified in the table below:-
Name
Designation Basic pay
(without
D.P.)
Pay
Scale
(before
6th CPC)
Revised
Pay
Revised
Grade
Pay
A.K.
Gupta
DPA III
8500 6500-
10500 9300-
34800 4600
Balbir
Singh
DPA III
8500 6500-
10500 9300-
34800 4200
The applicant submits that he was holding the same designation in
the same pay scale, in the same department, with the requisite
qualification of a Post Graduation degree (in Arts). Despite this, a
discriminatory treatment has been meted to him.
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OA-847/2017
4. Respondent No.3 issued an O.M. dated 01.09.2008 regarding
revision of pension of pre-2006 pensioners for implementation of
Government decision on the recommendations of the 6th CPC.
Thereafter, respondent No.3 issued another O.M. dated 28.10.2013
stating therein at para 5 of the O.M. that the pension so arrived at
will be reduced pr
