ups_00489 — The Family Pension to be sanctioned to the Applicant herein is to be recalculated as per Fifth Pay Commission recommendation to give benefit to the family pensioner whose husband retired prior to 1-1-1996 and what is more beneficial should be paid

The Family Pension to be sanctioned to the Applicant herein is to be recalculated as per Fifth Pay Commission recommendation to give benefit to the family pensioner whose husband retired prior to 1-1-1996 and what is more beneficial should be paid — The dispute over the family pension of the applicant whose husband retired in 1986 is being discussed, focusing on the correct calculation of the family pension based on the Fifth Pay Commission reco... — Facts: The husband of the Applicant herein retired from service while working as Assistant Labour Commissioner in the scale of pay of ₹ 2,200-4,000 on 31-1-1986 and died on 9-12-1994. At the time of his retirement, he was drawing a pay of ₹ 3,000 and his pension immediately on retirement was fixed as ₹ 2,863. On his death, the petitioner got family pension of ₹ 803 which was subsequently increased to ₹ 1,350 with relief. The dispute is, fixing her family pension consequent to introduction of Fifth Pay Commission with effect from 1-1-1996. Based on Fifth Pay Commission, her family pension was fixed by the department as ₹ 2,400 whereas she submits that it should be ₹ 2,730. Hence earlier she filed O.A. No. 1008 of 2007 for correct fixation of her pension which was disposed of directing the Respondents therein to consider her grievance and inform her by speaking order as to how the calculation of family pension was made with effect from 1-1-1996. The relevant portion of that speaking order is reproduced in the judgment. But the Applicant being unsatisfied with that speaking order filed this OA reiterating that her family pension has to be fixed with effect from 1-1-1996 as ₹ 2,730 plus DA and payment of arrears with interest. The Applicant prays for revision of her family pension based on Para. 4.1 of DoP&T's OM, dated 27-10-1997. As per this para., the family pension is to be fixed adding to the existing pension, dearness relief up to CPI 1510 based on OM, dated 20-3-1996, Interim Relief I and II and fitment weightage @ 40% of existing pension / family pension. This consolidated pension as laid down is not paid correctly. Both sides justified their stand based on their views. Hence it is enough if the decision of the Tribunal is reproduced. The Tribunal held: