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
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
in concluding para 7 & 8 ruled:
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
The
SLP Filed by UOI in the Supreme court vide Petition(s) for Special Leave to Appeal (C)....../2014
CC No(s).
21044/2014 (Arising out of impugned final judgment and order dated 07/01/2014
in OPCAT No.
8/2014 passed by the High Court of Kerala at Ernakulam) UNION OF INDIA AND ORS
Petitioner(s) VERSUS M O INASU Respondent(s
was
dismissed on 20/02/2015
The
Judgements of Honourable High Court & the Honorable Supreme Court are
appended here under :
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