ups_00051 — Pension is payable based upon the scale of pay held by the pensioner at the time of his superannuation/retirement. The benefit of upgradation of posts subsequent to retirement cannot be granted to the pensioners or family pensioners

Pension is payable based upon the scale of pay held by the pensioner at the time of his superannuation/retirement. The benefit of upgradation of posts subsequent to retirement cannot be granted to the pensioners or family pensioners — This chunk pertains to a dispute between a pensioner's widow (Applicant) and the Government concerning the pension amount payable based on the scale of pay at the time of retirement, and the non-appl... — Facts: The Applicant, widow of Late. M.R. Sreeramakrishna Pillai is a family pensioner. Her husband Late. M.R. Sreeramakrishna Pillai retired on 31-5-1992 as Senior Technical Assistant, from the Drilling Division of Geological Survey of India, Southern Region, Hyderabad in the 4th CPC Pay Scale of ₹ 1,640-60-2,600-75-2,900. The grievance of the Applicant is that, her husband was eligible for pension based upon the revised Pay Scale of ₹ 6,500-10,500 with effect from 1-1-1996 with respect to Para. 7.26.4 of Chapter 7.26 of 6th CPC and accordingly he was eligible for grant of pension @ ₹ 8,345 p.m., whereas he was paid pension @ ₹ 7,719 after 6th CPC and hypothetically his pension after 7th CPC would have been ₹ 30,200 instead of ₹ 25,250. The Applicant's husband died on 10-8-2013 and she was granted pension of ₹ 4,329. The Applicant claims that if the pension of the Applicant's husband was properly reckoned with respect to the pay scale of ₹ 6,500-200-10,500, he was entitled to pension of ₹ 8,345 p.m. instead of ₹ 7,719 paid to him and the family pension of the Applicant would be ₹ 5,007 instead of ₹ 4,329 as reckoned in the PPO with consequential revision of family pension as ₹ 18,120 instead of ₹ 15,150. The Respondents have filed their reply stating that the husband of the Applicant retired from Drilling division of Southern Region, Hyderabad as Senior Technical Assistant (Drilling) in the pay scale of ₹ 1,640-2,900 and the corresponding 5th CPC scale is ₹ 550-9,000. The said pay scale was revised to PB-2 (₹ 9,300-34,800) with Grade Pay of ₹ 4,200 from 1-1-2006 in 6th CPC. During 7th CPC it was further revised to Pay Level 6 (₹ 35,400 - 1,12,400) from 1-1-2016. The Respondents further stated that by OM, dated 28-6-1999, the pay scale of Senior Technical Assistants in the specified category viz. in the streams of Geology, Mineral Physics, Geophysical (Workshop) and Chemistry was upgraded to ₹ 6,500-10,500 with effect from 1-1-1996. Since the Applicant's husband belonged to common category viz. Drilling division of Southern Region, Hyderabad as Senior Technical Assistant (Drilling), he was not entitled to get revision of pension in the upgraded scale and the family pension was also correctly worked out. The Respondents also stated that the benefit of upgradation of posts subsequent to retirement cannot be granted to the pensioners or family pensioners.