ups_01057 — To fix pension amount, the last pay drawn is the criterion and the same is to be paid from the date of his retirement Gratuity is to be paid even if an employee was working on ad hoc basis before retirement without waiting for any approval to extend his ad hoc posting

To fix pension amount, the last pay drawn is the criterion and the same is to be paid from the date of his retirement Gratuity is to be paid even if an employee was working on ad hoc basis before retirement without waiting for any approval to extend his ad hoc posting — The Applicants are entitled to pension based on their last pay drawn and gratuity with interest, as the Respondents were found not justified in withholding it due to non-regularization of ad hoc prom... — Facts: There are two Applicants in this OA and they are allowed to file this common petition as facts are same so also the relief prayed for. The first and the second Applicants retired on 31-1-2011 and 31-3-2011 respectively from the post of 'OT' Supervisor of the department. That post they were holding on ad hoc basis. Even though the first year of ad hoc promotion was ordered with the approval of Competent Authority, the rest of the period of the ad hoc promotion till their retirement was not approved. In view of the above position, they were paid only provisional pension and the Respondents have also withheld 10% of gratuity payable to them. They were also deprived of CGHS benefits in the absence of pension payment order. On 6-2-2013, they were told on their representation directly and through RTI, 2005 that the arrears as quantified will be paid on regularization of their ad hoc appointment. Hence they have filed this OA to release regular pension with interest at 18% of the delayed payment of commutative value and pay interest at 18% per annum on their kept-back gratuity. The Appellants state that they rely on the Rule (7) of Rule 64 of CCS (Pension) Rules, 1972 and if they are paid basic pension and full gratuity within a period of retirement as per Rule

(a) of sub-rule (6) of the rule, the pension and gratuity will be treated as final. Sub-rules (6), (7) and (8) of Rule 64 of CCS (Pension) Rules, 1972 is reproduced for clarity. The repeated reply by the Respondents is that, their ad hoc promotion as 'OT' Supervisor having not been regularized, they have to wait till it is regularized. The twin claim is of fixing their pension from the date of their normal retirement and non-payment of gratuity due to non-approval of their ad hoc promotion as 'OT' Supervisors. Rule 33 of CCS (Pension) Rules, 1972 defines 'emoluments' which is received by an emplyee immediately before his retirement. According to Rule 9 (21)

(a)

(i) of Fundamental Rules, 'pay' has been defined which is reproduced in the judgment. Rule 49 of CCS (Pension) Rules, 1972 states (which is reproduced in the judgment) that a retired employee covered under CCS (Pension) Rules, 1972 would be fixed at 50% of average emoluments, subject to a minimum of ₹ 4,500 p.m. on completion of qualifying service of thirtythree years but after completion of qualifying service of not less than 33 years. Proportionate pension is to be granted if one has completed 10 years of qualifying service as per Clause

(a) of the rule but the sum shall not be less than ₹ 375 p.m. Minimum and maximum pension had been enhanced as per OM of Department of Pension, dated 2-9-2008. As per that OM, qualifying service has been reduced to 20 years which means, the Government servant is eligible to get 50% of the last pay drawn in the last 10 months of service. That OM under Para. 5.3 also provides for pension on rendering 10 years of qualifying service in accordance with Rule 49 (2) of the Rules of 1972. Relevant paragraphs of the said OM, namely 5.2 to 5.5 is reproduced for clarity. The aforesaid OM is further clarified by OM, dated 11-12-2008 which is also reproduced in the judgment. Clarification of Para. 5.2 to 5.4 clarifies that the recommendation of the Sixth Central Pay Commission for payment of pension at 50% of the average emoluments received during the last 10 months or the last pay drawn, whichever is more beneficial to the retiring employee, will also take effect from the date of issue of orders, i.e. 2-9-2008.