it2025_00374 — In these two OAs namely, O.A. No. 123 of 2015 and O.A. No. 243 of 2015, there are 61 Applicants and 10 Applicants respectively. Tribunal allowed both OAs to be considered together as facts and relief asked for are same. In both OAs two additional increments as incentive granted to the Applicants who are retired Scientists / Engineers will be considered as basic pay for the purpose of DA, HRA, Pension, etc.

IT Rules

In these two OAs namely, O.A. No. 123 of 2015 and O.A. No. 243 of 2015, there are 61 Applicants and 10 Applicants respectively. Tribunal allowed both OAs to be considered together as facts and relief asked for are same. In both OAs two additional increments as incentive granted to the Applicants who are retired Scientists / Engineers will be considered as basic pay for the purpose of DA, HRA, Pension, etc. — The chunk describes a dispute between applicants and respondents regarding the inclusion of additional increments in the calculation of pension, as per Sixth CPC recommendations, for retired scientis... — Facts : Applicants in both OAs are retired Scientists / Engineers in the Grade SF and SG of Vikram Sarabhai Space and LPSC, Department of Space. Their grievance is that, the Respondents have not given effect to the relief granted by Hon'ble High Court of Kerala in WP (C) 29358 of 2004 and connected cases (A/3). As per Presidential order, dated 3-2-1999, two additional increments with effect from 1-1-1996 were granted as incentive. But the Respondents in their clarification, dated 12-8-1999 held that the two additional increments granted will not be considered as basic pay for the purpose of DA, HRA, pension, etc. This was challenged and ultimately High Court of Kerala declared that the additional increments granted fall within the definition of pay. Necessary attributes that may be added to the emoluments reckoning pay shall have to be paid and pension is also reckoned pay on the last pay drawn. The SLP and RP filed in Apex Court against the order of High Court were dismissed (A/4). As stated earlier, the grievance is to extend the order of the High Court of Kerala to them also. Tribunal heard the cases of the Applicants in both OAs. The grievance of the Applicants for not extending to them the order of High Court so far to be reflected in their pension. Applicants contend that as per Sixth CPC recommendation while re-fixing their pension, 50% of the minimum in the revised pay scale and Grade Pay thereon has to be taken into consideration and that while considering their revised pay, the additional increments as per A-1 also has to be added to such minimum in the revised Pay Band. On the other hand, the contention of the Respondents appears to be that the additional increment as per A-1 was already reckoned, further addition of such additional increments to the minimum in the revised pay scale as per Sixth Pay Commission is not tenable. On hearing both sides, the Tribunal held:

IT Rules

In these two OAs namely, O.A. No. 123 of 2015 and O.A. No. 243 of 2015, there are 61 Applicants and 10 Applicants respectively. Tribunal allowed both OAs to be considered together as facts and relief asked for are same. In both OAs two additional increments as incentive granted to the Applicants who are retired Scientists / Engineers will be considered as basic pay for the purpose of DA, HRA, Pension, etc. — The chunk describes a dispute between applicants and respondents regarding the inclusion of additional increments in the calculation of pension, as per Sixth CPC recommendations, for retired scientis... — Facts : Applicants in both OAs are retired Scientists / Engineers in the Grade SF and SG of Vikram Sarabhai Space and LPSC, Department of Space. Their grievance is that, the Respondents have not given effect to the relief granted by Hon'ble High Court of Kerala in WP (C) 29358 of 2004 and connected cases (A/3). As per Presidential order, dated 3-2-1999, two additional increments with effect from 1-1-1996 were granted as incentive. But the Respondents in their clarification, dated 12-8-1999 held that the two additional increments granted will not be considered as basic pay for the purpose of DA, HRA, pension, etc. This was challenged and ultimately High Court of Kerala declared that the additional increments granted fall within the definition of pay. Necessary attributes that may be added to the emoluments reckoning pay shall have to be paid and pension is also reckoned pay on the last pay drawn. The SLP and RP filed in Apex Court against the order of High Court were dismissed (A/4). As stated earlier, the grievance is to extend the order of the High Court of Kerala to them also. Tribunal heard the cases of the Applicants in both OAs. The grievance of the Applicants for not extending to them the order of High Court so far to be reflected in their pension. Applicants contend that as per Sixth CPC recommendation while re-fixing their pension, 50% of the minimum in the revised pay scale and Grade Pay thereon has to be taken into consideration and that while considering their revised pay, the additional increments as per A-1 also has to be added to such minimum in the revised Pay Band. On the other hand, the contention of the Respondents appears to be that the additional increment as per A-1 was already reckoned, further addition of such additional increments to the minimum in the revised pay scale as per Sixth Pay Commission is not tenable. On hearing both sides, the Tribunal held:

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Original Rule Text