Union of India & Others vs Ramesh Chandra Gupta & Others

Pradeep Kumar, Member (A)

The applicant herein had retired from Railway service on 31.01.1998. He was working in the pay scale Rs.6500-10500 at that time. With the

introduction of 6th CPC pay scales w.e.f. 01.01.2006, the abovesaid scale was given the replacement pay scale of PB-2 with Grade Pay Rs. 4200/-.

His pension was revised accordingly.

However, subsequently there were many representations to the Govt., in respect of those who were still serving as on 01.01.2006, for granting the

replacement pay scale of PB-2 with Grade Pay of Rs. 4600/-. This was considered and was agreed to for those who were still in service as of

1.1.2006.

The applicant pleaded that his pension is also required to be revised with respect to the replacement pay scale of PB-2 with Grade Pay of Rs. 4600/-.

When this was not agreed, he preferred OA No.407/2017. This OA was disposed of vide directions dated 04.12.2017.The operative part of this order

reads as under:-

“13.In view of the above, taking cognizance of ibid RBE No.226/2009, I am of the clear view that applicant’s revised pension is required to be

fixed considering his revised pay scale as Pay Band â€"2 + Grade Pay of 4600/-. The respondents are, therefore, directed to re-fix the pension of the

applicant accordingly. This shall be done within a period of three months from the date of receipt of a copy of this order. The effective date of the

revised pension shall be 01.01.2006 and any recovery made from the applicant with reference to the PPO dated 24.03.2014,wherein the effective date

has been indicated as 24.09.2012,shall be refunded to the applicant.

I would also like to observe that the Department of Pension & Pensioners‟ Welfare, Govt. of India vide O.M. dated 06.04.2016 has de-linked the

fixation of revised pension from minimum qualifying service of 33 years, as noticed hereinabove, and this direction has also been adopted by the

Ministry of Railways as is evident from its Annexure A-6 O.M. dated 13.04.2016 to all the Indian Railways / Production Units. Hence, applicant’s

revised pension shall also be fixed in accordance with the instructions contained in the ibid O.M. dated 06.04.2016.

(sic)With these directions/observations, the O.A. stands disposed of. No order as to costs.â€​

Alleging non-compliance with the above directions, the applicant has preferred the CP No.560/2018.

The respondents have also preferred RA No.68/2020 pleading that there is an error apparent on the face in the matter and they seek recalling or

modification of the said Order Dt. 4.12.2017. Since there was delayed in filing the RA, the respondents have also preferred MA seeking condonation

of delay.

The respondents plead that the directions in respect of revising the pension in respect of those who had already retired prior to 01.01.2006, in the

replacement pay scale of PB-2 with Grade Pay of Rs.4600/-, were issued subsequent to the passing of Order in the instant OA and accordingly the

basis for mentioning RBE No.226/2009, as was mentioned in para 13 of order, was not correct which is an error apparent on the face.

The applicant pleaded that the directions in respect of revising the pension of such of the employees who were in the 5th CPC scale of Rs.6500-

10500/- and retired prior to01.01.2006,were issued by the Ministry of Railway vide RBE No.17/2019 on 04.02.2019 and despite passage of so much

time, the matter has not been decided in respect of applicant. The respondents have still not revised the pension of the applicant despite directions by

Tribunal and it is only at the stage when CP was filed, the respondents have felt it necessary to approach the Tribunal by filing the Review

Application.

Matter has been heard at length. Sh. Yogesh Sharma, represented the applicant while Sh. V.S.R. Krishna and Shri A.K. Srivastava, represented

the respondents.

For the reasons quoted therein in the MA by the respondents seeking condonation of delay, the same is allowed.

The revision of pay scales and pension is to be governed by relevant instructions. It is noted that the RBE 226/2009 was in respect of those

employees, who were in the 5th CPC scale of Rs.6500-10500 and who were still in service as on 01.01.2006. This circular did not deal with revising

of pension. It could not have been relied upon for revising pension.

The instructions in respect of revision of pension for such employees who were in this scale Rs 6500-10500 and retired prior to 1.1.2006, and to revise

their pension in PB2 plus GP Rs 4600/- wef 1.1.2006, were subsequently issued by Department of Pension and Pensioners Welfare vide their OM Dt.

4.1.2019 and 9.7.2019. These were in turn adopted by Ministry of Railways vide their RBE No 17/2019 Dt 4.2.2019 and RBE No. 112/2019 Dt

11.7.2019.

Keeping this in view, the Tribunal has gone through the matter and finds that the contentions put forth by the respondents are correct and to this

extent, the Order of this Tribunal passed in the OA needs recall and modification. Keeping this in view, the Order passed on 4.12.2017 in the OA

arerecalled. The RA is accordingly allowed.

The respondents are now directed to revise the pension of applicant who was working in the pay scale of Rs.6500-10500 in the 5th CPC, in the pay

scale of PB-2 with Grade Pay of Rs.4600 w.e.f. 1.1.2006, as has subsequently been issued vide RBE No.17/2019 on 4.2.2019 and RBE 112/2019 Dt

11.7.2019.

The extent instructions by Department of Pension & Pensioners Welfare, Govt. of India regarding revision of minimum qualifying service of 33 years,

as has also been adopted by the Ministry of Railways, shall also be kept in view while revising pension.

Accordingly, the respondents are directed to complete this exercise within a period of six weeks from the date of receipt of a copy of this Order under

advice to the applicant.

Keeping in view the aforesaid, the CP No.560/2018 stands closed. Notices issued to the respondents are discharged.

The applicant shall have liberty to approach Tribunal if some grievance still subsists.