ups_00058 — The pension of the Applicant which he got on retirement as HSG-I in Postal Department after his retirement with effect from 1-1-2006 (VI CPC) is to be fixed as 50% of the minimum pay in the Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 or as per minimum pay in the Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 as per Fitment Table, whichever is more beneficial to the pensioner herein

UPS

The pension of the Applicant which he got on retirement as HSG-I in Postal Department after his retirement with effect from 1-1-2006 (VI CPC) is to be fixed as 50% of the minimum pay in the Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 or as per minimum pay in the Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 as per Fitment Table, whichever is more beneficial to the pensioner herein — Case involving a retired Postmaster seeking revision of pension based on HSG-I pay scale after VI CPC scales came into force, as per Government notification dated 29-8-2008. The chunk discusses the A... — Facts:The Applicant is a retired Postmaster retired on 30-9-1996 with a total of 36 years, 9 months and 8 days of service. Before retirement, he was drawing a pay in the Pay Scale of ₹ 6,500-10,500 and was granted monthly pension of ₹ 3,912. Pursuant to an earlier order of the Tribunal, he was granted promotion to LSG and he was given HSG-I with effect from 19-4-1996. The relief sought for by the Applicant is to declare that he is entitled for revision of pension based on the Pay Band plus Grade Pay applicable to HSG-I with effect from 1-1-2006 and a direction to Respondent to revise his PPO specifying his pension on the basis of 50% of minimum of the pay in the Pay Band plus Grade Pay of ₹ 4,800 i.e. ₹ 9,230 with effect from 1-1-2006 and also the corresponding family pension and other consequential benefits including arrears of pension within a stipulated period. The Tribunal heard both sides. All the benefits of higher grade LSG to HSG-I were given as per directions of the Tribunal in Order, dated 4-1-2001 in O.A. No. 851 of 1998. He received the benefits after his retirement on 30-9-1996. Obviously his revised pension is to be fixed in the pay scale of HSG-I after his retirement on 30-9-1996. Applicant states that, the pay scale of HSG-I was upgraded to ₹ 7,450-10,500 in PB-2 with a Grade Pay of ₹ 4,600.As per Government's Notification / Resolution, dated 29-8-2008 on the recommendation of VI CPC, the pension of pensioners is to be fixed as 50% of minimum of the pay in the Pay Band plus Grade Pay corresponding to pay scale from which a petitioner had retired. As per Notification, dated 29-8-2008, Secretary, Department of Pension and Pensioners Welfare (R-3), vide OM, dated 1-9-2008, Para. 4 is relevant and reads": "The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the minimum of the pay in the Pay Band plus the Grade Pay corresponding to the prerevised pay scale from which the pensioner had retired. In the case of HSG+ and above scales, this will be per cent of the minimum of the revised pay scales". In the case of the Applicant the pay scale from which he had retired has to be reckoned based on HSG-I prevailing at the time of his retirement. As per CCS (RP) Rules, 2008, Applicant points out that the revised pay scale of Postmaster in HSG-I is ₹ 9,300-34,800 with Grade Pay of ₹ 4,600 with effect from 1-1-2006. Hence the Applicant who had retired after VI CPC scales came into force, his pay scale in HSG-I is to be reckoned as per the pay scale prevailing at the time of his retirement. Hence the pension of the Applicant has to be fixed as 50% of the minimum of Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 or as per the minimum of Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 as per Fitment Table, whichever is more beneficial to the Applicant.

UPS

The pension of the Applicant which he got on retirement as HSG-I in Postal Department after his retirement with effect from 1-1-2006 (VI CPC) is to be fixed as 50% of the minimum pay in the Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 or as per minimum pay in the Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 as per Fitment Table, whichever is more beneficial to the pensioner herein — Case involving a retired Postmaster seeking revision of pension based on HSG-I pay scale after VI CPC scales came into force, as per Government notification dated 29-8-2008. The chunk discusses the A... — Facts:The Applicant is a retired Postmaster retired on 30-9-1996 with a total of 36 years, 9 months and 8 days of service. Before retirement, he was drawing a pay in the Pay Scale of ₹ 6,500-10,500 and was granted monthly pension of ₹ 3,912. Pursuant to an earlier order of the Tribunal, he was granted promotion to LSG and he was given HSG-I with effect from 19-4-1996. The relief sought for by the Applicant is to declare that he is entitled for revision of pension based on the Pay Band plus Grade Pay applicable to HSG-I with effect from 1-1-2006 and a direction to Respondent to revise his PPO specifying his pension on the basis of 50% of minimum of the pay in the Pay Band plus Grade Pay of ₹ 4,800 i.e. ₹ 9,230 with effect from 1-1-2006 and also the corresponding family pension and other consequential benefits including arrears of pension within a stipulated period. The Tribunal heard both sides. All the benefits of higher grade LSG to HSG-I were given as per directions of the Tribunal in Order, dated 4-1-2001 in O.A. No. 851 of 1998. He received the benefits after his retirement on 30-9-1996. Obviously his revised pension is to be fixed in the pay scale of HSG-I after his retirement on 30-9-1996. Applicant states that, the pay scale of HSG-I was upgraded to ₹ 7,450-10,500 in PB-2 with a Grade Pay of ₹ 4,600.As per Government's Notification / Resolution, dated 29-8-2008 on the recommendation of VI CPC, the pension of pensioners is to be fixed as 50% of minimum of the pay in the Pay Band plus Grade Pay corresponding to pay scale from which a petitioner had retired. As per Notification, dated 29-8-2008, Secretary, Department of Pension and Pensioners Welfare (R-3), vide OM, dated 1-9-2008, Para. 4 is relevant and reads": "The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the minimum of the pay in the Pay Band plus the Grade Pay corresponding to the prerevised pay scale from which the pensioner had retired. In the case of HSG+ and above scales, this will be per cent of the minimum of the revised pay scales". In the case of the Applicant the pay scale from which he had retired has to be reckoned based on HSG-I prevailing at the time of his retirement. As per CCS (RP) Rules, 2008, Applicant points out that the revised pay scale of Postmaster in HSG-I is ₹ 9,300-34,800 with Grade Pay of ₹ 4,600 with effect from 1-1-2006. Hence the Applicant who had retired after VI CPC scales came into force, his pay scale in HSG-I is to be reckoned as per the pay scale prevailing at the time of his retirement. Hence the pension of the Applicant has to be fixed as 50% of the minimum of Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 or as per the minimum of Pay Band of ₹ 9,300-34,800 plus Grade Pay of ₹ 4,600 as per Fitment Table, whichever is more beneficial to the Applicant.

Original Rule Text

Original Rule Text