Saturday, August 27, 2016
GOI lose another legal battle against Pensioners-First SLP of Govt DISMISSED by HSC Reg pro-rata Pension & for full Pension to Pre 2006 for less than 33 years & more than 20 years service
7. In the light of the above, the settled law is that in no case the pension of the pre-2006 pensioners shall be lower than fifty percent of the minimum of the pay in the Pay Band plus Grade Pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. It meas that pension of a pre-2006 retiree has to be first calculated taking into account the revised pay in the pay in the Pay Band plus Grade Pay corresponding to the pay scale from which he retired proportionate to the length of his service and then find what is 50% of the minimum of the Pay Band plus Grade Pay and fix higher of the two as his pension. Hence the applicants are eligible to get the minimum pension in the Pay Band plus Grade Pay of the Deputy Office Superintendent, the post from which they had retired, with effect from 01.01.2006. Accordingly, the O.As are allowed as under.
8. The respondents are directed to issue revised Pension Payment Order (PPO) to the applicants specifying the pension on the basis of Para 4.2 of the O.M. dated 01.09.2008, i.e. 50% of the minimum of the pay in the Pay Band plus Grade Pay of the Deputy Office Superintendent and also corresponding family pension and grant all consequential benefits including arrears of pension within a period of 02 months from the date of receipt of a copy of this order. No costs.
(Dated, the 16th August, 2013)
(K. GEORGE JOSEPH) (Dr. K B S RAJAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
The Honorable Kerala High Court at Ernakulum vide their orders 7th Jan 2o14 rejected the appeal of UOI against the CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH in their order dated 16.08.2013 in Original Application No. 715 of 2012 w i t h Original Application No. 1051 of 2012
(Source- Bharat Pensioners Samaj website)