High Court of Punjab and HaryanaCWP/31879/2024dismissed

Jagdish Singh v. Union Of India And Others

2025-01-18Mr. Justice Sureshwar Thakur,Mrs. Justice Sudeepti Sharma13 pages

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"Pension Tables issued vide notification dated 21.02.2022 have been upheld and grant of benefit of one rank one pension has been refused on the ground that benefit of one rank one pension would be received by the Honorary Naib

Subedars as and when the minimum pension payable to a regular Naib Subedar is revised.

In view of the above, the issue is covered by the judgment aforementioned and this Bench has no jurisdiction to review the same.

Accordingly, all these cases are disposed of in terms of Ex. Hony Nb Sub Ram Kishan's case (supra)."

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"I am directed to say that in pursuance of Governments decision on the recommendations of the Sixth Central Pay Commission contained in Para 5.1.62 of Chapter V of the Report, the President is pleased to decide that Honorary rank of Naib Subedar granted to Havildar will be notionally considered as a promotion to the higher grade of Naib Subedar and benefit of fitment in the pay band and the higher grade pay will be allowed notionally for the purpose of fixation of pension only. Accordingly, additional element of pension of Rs. 100/5 pm payable of Havildars granted Hony rank of Naib Subedars as per regn. 137 of Pension Regulations for the Army Part5I (1961), amended vide this Ministry's letter No.1(1)/88/D(Pen/ Sers) dated 6.11.1991 will cease to be payable. The notional

fixation of pay in the rank of Naib Subedar will not be taken into account for payment of retirement gratuity, encashment of leave, composite transfer grant etc.

2. This letter takes effect from Ist January, 2006.

3. This issues with the concurrence of Finance Division of this Ministry vide their UO No.2351/Finance/Pension dated 3.6.2009."

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"In view of the facts and circumstances of the case the application is allowed. Respondents No.1 to 6 are directed to implement the government instructions and release the entitled

pension with arrears w.e.f. 01.01.2006 to honorary Naib Subedar within three months of the receipt of this order." <

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( 2 1 2 ( 1 ()"@ a) whether the denial through the impugned verdict to the present petitioner qua the policy promulgated by the Government of India, wherebys contemplations were made for bestowing to the superannuated defence personnel the benefit of one rank one pension becomes well founded upon the judgment rendered by the Full Bench of the Principal Bench of the Principal Bench, AFT, New Delhi.

b) whether the conferment of hony rank of Naib Suedar upon the petitioner, thus also endowing an entitlement upon the aforesaid to also become entitled to be construed to become promoted to the rank of regular Naib Subedar. %!0 "!112 3!'4"567' !18%! 950 -

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! " #"; 5 The following are eligible for the grant of honorary rank of Naib Subedar, on retirement:5 (a) Dafadar and Havildar Clerks (including those employed in recruiting offices) with twenty eight years pensionable service. (b) Dafedars and Havildars (other than clerks) who have not less than 21 years meritorious pensionable service and have served for two years in the rank of Dafedar/Havildar in substantive capacity.

(c) Individuals in (a) and (b) above whose pensionable service is not sufficient to qualify under those clauses but who have rendered specially meritorious service."

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"(a) The calculation of pension for pre52006 Hony Nb Sub @ Rs.7,750/5 w.e.f. 1.01.2006 as allowed by the Hon'ble Supreme Court was held to be valid.

(b) That the benefit of revision of pension undertaken by the CCS had not been extended to the Hony Nb Sub who had retired prior to 01.01.2006.

(c) The tables annexed with the MoD letters dated 08.03.2010 and 17.01.2013 were quashed and the Union of India was directed to work out the requisite tables afresh. (d) That the benefit should be reckoned based on a notional minimum in the post52006 revised pay scale s per the fitment table, corresponding to the maximum of the pre 6th CPC pay scale."

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"(a) A pre52006 retiree Hony Nb Sub is entitled to the pension of a Hony Nb Sub as promulgated vide MoD notification dated 21.02.2010 and implementation instructions issued vide PCDA(P) Circular No.631 dated 05.03.2020.

(b) The individual is not entitled to be pension of a regular Nb Sub as he is only entitled to the pension of a Hony Nb Sub which is calculated based on a notional promotion to the rank of a regular Nb Sub at the minimum of the pay band, including the grade pay, MSP and group pay as applicable.

corresponding to the maximum of the previous pay scales as per the fitment table for each rank, determined on the basis of notional maximum for the rank and group across the three Services, as applicable in fixing the pension of all pre52006 retirees."

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@ a) All pre 2006 retirees from the Hony rank of Naib Subedars, becoming entitled to the pension of regular Naib Subedar, in terms of MoD notification dated 21.02.2020 and implementation instructions issued vide PCDA(P) Circular No.631 dated 05.03.2020.

b) Any individual become declared to not become entitled to the benefit of a regular Naib Subedar but he is only entitled to the pension of a Hony Naib Subedar, which is to be calculated on the base of the said calculation through endowing qua him a notional promotion to the rank of a regular Naib Subedar at the minimum of the pay band, including the grade pay, MSP and group pay as applicable.

c) The said pension was reckoned with reference to a notional maximum in the post 01.01.2006 revised pay structure corresponding to the maximum of the previous pay scales as per the fitment table for each rank, determined on the basis of notional maximum for the rank and group across the three services, as applicable in fixing the pension of all pre52006 retirees.

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"29. Mr. S.M. Dalal, learned counsel for the applicant in OA 589/2019 then concluded that a Hony Nb Sub was entitled to the same scale of pension as is fixed for a regular Nb Sub of the same Group. He emphasised that there cannot be a class of employees, wherein, pension was being calculated on different scales; the pension of pre52006 retirees being calculated based on the pay scale of a Hav while the pension of post52006 retirees being calculated based on the scale of a regular Nb Sub. He further added that the pension of a Hony Nb Sub in Group5Y with the length of service of 24 years was thus entitled to pension @ Rs.9,382/5 w.e.f 01.07.2009/5; @ Rs.9429/5 w.e.f 01.07.2014 (OROP) and Rs.24,233/5 w.e.f 01.01.2016 in the 7th CPC. Similarly, the Hony Nb Sub in Group5X

was entitled to have his pension fixed at Rs.10,115/5 w.e.f 01.01.2016 to 30.06.2014, after which he would draw a pension based on OROP. Xxx

46. Referring to the query regarding the disparity in the OROP table, the counsel emphatically stated that the fixation of pension in the cases at hand had no connection with OROP. Не emphasized that once the pension was fixed as per the letter dated 21.02.2020/Circular No.631, it would automatically be assimilated by OROP as per the policy in vogue. Thus, the contention of the applicant that different parameters, had been adopted for fixing the pension of Hony Nb Sub in Group5X and Group5Y w.e.f. 01.07.2014 in the OROP table was incorrect The counsel stated that in preparing the OROP table applicable from 01.07.2014, the same principles and policies have been adopted for all ranks (Officers and JCOS/ORS).

Elaborating on the principles of OROP, the counsel stated that pension was to be re5 fixed for all pensioners based on the average of minimum and maximum pension of retired personnel as per the live data of 2013 for OROP5I w.e.f. 01.07.2014 and as per the live data of 2018 for OROP5II w.e.f. 01.07.2019 in the same rank/group and with the same length of service. He further elaborated that wherever, the rates of higher qualifying service in a rank were lower than the rates of lower qualifying service in the same rank/group, or where data is/are blank for higher qualifying service, then the same has been protected by the higher rate of lower qualifying service in the same group. Thus, due to this, many rates in the same column appear equal.

He further added that similarly, wherever the revised rate of pension under OROP is lower in the higher rank than the rate in the lower rank in the same qualifying service, then the same has been protected with higher rates of lower rank resulting in similar rate i two adjacent columns for certain qualifying service.

82. As regards the observations on the OROP Table, the counsel for the respondents has explained the rationale. We have no hesitation in upholding the fact that once the pension of pre52006 Hony Nb Subs are re5fixed as per the Tables given in the notification dated 21.02.2020, their pension under OROP will be automatically scaled. We do not wish to examine the OROP issue any further as this is beyond the issue in Reference to this Large Bench."

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