Pension is determined by the actual pay scale held at retirement, not by rank nomenclature. A retired employee cannot claim higher pension based on a scale never drawn, nor benefit from a promotional scheme introduced after retirement.

JUDGMENT

ANIL KSHETARPAL, J.:

1. Through the present Writ Petition under Article 226 of the Constitution of India, the Petitioner challenges the order dated 22.05.2018 passed by the Revisional Authority for Central Civil Pension, whereby the claim of the Petitioner for revision of pension on the basis of the pay scale attached to the rank of Inspector has been rejected. The Petitioner consequently seeks a direction to the Respondents to re-fix his pension in accordance with the pay scale of Inspector under the CCS (Revised Pay) Rules, 1997 [hereinafter referred to as ‘1997 Rules’], along with all consequential benefits.

2. The principal issue which arises for consideration in the present Writ Petition is whether the Petitioner, by virtue of holding the rank of Inspector/Radio Operator (RO) at the time of his superannuation, is entitled to fixation of pension on the basis of the higher pay scale of Rs.6500-200-10500 (S-12) under the 1997 Rules, instead of the replacement pay scale of Rs.5500-175-9000 (S-10) applied by the Respondents; and whether the Petitioner can claim consequential revision of pensionary benefits, including the benefit of the Assured Career Progression Scheme (‘ACPS’), despite having retired prior to its introduction.

3. In order to appreciate the controversy involved in the present case, the relevant facts, in brief, are required to be noticed.

4. The Petitioner was enrolled in the Central Reserve Police Force (‘CRPF’) on 04.08.1966 and, upon earning promotions in the normal course of service, attained the rank of Inspector/RO in the year 1995. The Petitioner rendered a total qualifying service of 30 years, 06 months and 19 days and superannuated from service on 31.07.1997. At the time of retirement, the Petitioner was drawing basic pay of Rs.1,760/- in the pre-revised Fourth Central Pay Commission [hereinafter referred to as ‘CPC’] pay scale of Rs.1640-60-2900, which stood replaced by the corresponding Fifth CPC pay scale of Rs.5500-175-9000 with effect from 01.01.1996.

5. The record reveals that upon superannuation on 31.07.1997, the pension of the Petitioner was authorised vide Pension Payment Order bearing No.239039711124. Under the said authorisation dated 28.07.1997, the Petitioner was granted superannuation pension at the rate of Rs.819/- per month. The pension was computed on the basis of the last pay drawn by the Petitioner in the pre-revised pay scale of Rs.1640-60-2900.

6. The Petitioner relies upon his service identity card issued on 26.06.1996, reflecting his designation as Inspector/RO, to contend that he had attained the rank of Inspector prior to retirement and was discharging duties attached to the said rank. According to the Petitioner, once the post of Inspector stood recognised as a higher supervisory rank within the force structure, pensionary fixation ought to have been aligned with the pay scale applicable to that rank under the 1997 Rules.

7. After implementation of the Fifth CPC recommendations with effect from 01.01.1996, the Respondents accordingly revised the Petitioner’s pension in terms of the applicable replacement tables, and successive revisions were thereafter carried out pursuant to the Sixth and Seventh CPCs. The pension of the Petitioner ultimately stood fixed at Rs.19,350/- per month with effect from 01.01.2016.

8. The grievance of the Petitioner arose when he claimed that the rank of Inspector/RO corresponded to the higher S-12 pay scale under the 1997 Rules and that fixation of his pension on the basis of the lower replacement scale S-10 resulted in continuing financial loss. The Petitioner accordingly submitted representations before the departmental authorities seeking re-fixation of pension on the basis of rank parity along with consequential arrears.

9. The said representations were examined by the competent authorities, including the office of the Central Civil Pension Revisional Authority. Upon consideration of the service records and applicable pay revision orders, the R