ups_01251 — The pay scale of S-29 and S-30 had been fixed by the Government and the pension to pre-1-1-2006 retired employees is also decided. S-29 retired employees will get pension on modified parity basis and S-30 retired employees will get pension at half the rate of the minimum of pay scale of HAG Officers which is ₹ 67,000-79,000 i.e. S-30 retired officers will get ₹ 33,500 as pension. Hence, no further order is necessary in this OA

UPS

The pay scale of S-29 and S-30 had been fixed by the Government and the pension to pre-1-1-2006 retired employees is also decided. S-29 retired employees will get pension on modified parity basis and S-30 retired employees will get pension at half the rate of the minimum of pay scale of HAG Officers which is ₹ 67,000-79,000 i.e. S-30 retired officers will get ₹ 33,500 as pension. Hence, no further order is necessary in this OA — This chunk discusses the pension increase for pre-1-1-2006 retirees in S-30 and S-31 grades, the reasoning behind it based on Rule 34 of CCS (Pension) Rules, 1972, and a court case (*State of West Be... — Facts: Two OAs namely, 937 of 2010 and 2101 of 2010 are disposed of by this common judgment as relief asked for is the same. O.A. No. 2101 of 2010 is filed by retired HAG Officers who were in pay scale of ₹ 22,400-24,500 in Fifth Central Pay Commission scales and O.A. No. 937 of 2010 is filed by pre-1-1-2006 retiree officers who were in the pay scale of ₹ 18,000-22,400 in Fifth Central Pay Commission scales of pay. The petitioners in these OAs pray for total parity with post 1-1-2006 pensioners by notionally revising their pay as on 1-1-2006 and then fixing pension at 50% of that notional pay. As regards S-29 pensioners, the Tribunal had already ordered for modified parity as recommended by Pay Commission and accepted by resolution of 29-8-2008 and a direction was given to the Respondents to refix the pension and pay arrears to all pre-2006 retirees of S-29 scale of pay by Full Bench of the Tribunal. In this connection, it is to be noted that the order of Tribunal is challenged in High Court of Delhi which is pending for adjudication. The relief asked for S-30 retired officials pray for pay scale revised to ₹ 75,500 which is the minimum pay scale of S-31 to ensure that the minimum pension of pre-1-1-2006 pensioners in HAG scale of pay is not less than that of those who retired after 1-1-2006. That prayer is rejected for reasons analyzed below: The pay scale of S-30 and S-31 in Third, Fourth, Fifth and Sixth Central Pay Commission is listed. The pay scale of S-30 petitioners were ₹ 22,400-24,500 in Fifth Central Pay Commission and that of S-31 petitioners were ₹ 22,400-26,000 in the Fifth Central Pay Commission. In the Sixth Central Pay Commission, the pay scale recommended for S-30 and S-31 is ₹ 39,200-67,000 with grade pay of ₹ 12,000 and ₹ 13,000 for S-30 and S-31 respectively. But the pay scale of HAG officers in pay scale of ₹ 22,400-24,500 was revised by the Government to ₹ 67,000-79,000 and for officers in the pay scale of ₹ 22,400-26,000 was revised by the Government to that of ₹ 75,500-80,000. Thus the pension of pre-1-1-2006 retirees in S-30 and 31 grade is increased over 33%. Hence the grievance of S-30 pensioners had been redressed by the notification, dated 16-7-2009. The contention of S-30 retired officials to raise their pension equivalent to S-31 retired officials was analyzed. As per Rule 34 of CCS (Pension) Rules, 1972, the pension of retirees has to be fixed on the basis of average emoluments drawn by them at the time of retirement. S-31 category was always drawing the pay or scale of pay maximum of which is higher than the pay or scale of pay of retired employees of S-30 scale of pay. Hence the S-30 category could have drawn maximum pension based on their last pay of ₹ 24,500 whereas S-31 category would have drawn maximum pension if they had reached the pay scale of ₹ 26,000 in the Fifth Central Pay Commission. The pension of pre-retired 1-1-2006 employees in terms of Rule 34 of Pension Rules ibid is the emoluments drawn by an employee at the time of retirement. Government had accepted the Sixth Central Pay Commission recommendation and granted different pay scale of pay to both these categories S-30 and S-31. In the case of State of West Bengal and another v. West Bengal Minimum Wages Inspectors' Association and others [ 2010 (2) SCC (L&S) 1 ] held that the evaluation of duties and fixing the pay scale based on the evaluation is the executive function. "Pay scale depends upon comparitive job evaluation and equation of posts." Hence such matters had to be approached by Courts with restrain and only in satisfactory cases the courts can interfere. In the case of S.C. Chandra and others v. State of Jharkhand and others [ 2007 (2) SCC (L&S) ], the Apex Court held that determination of parity in pay scale is a complex one which is for the executive to discharge.

UPS

The pay scale of S-29 and S-30 had been fixed by the Government and the pension to pre-1-1-2006 retired employees is also decided. S-29 retired employees will get pension on modified parity basis and S-30 retired employees will get pension at half the rate of the minimum of pay scale of HAG Officers which is ₹ 67,000-79,000 i.e. S-30 retired officers will get ₹ 33,500 as pension. Hence, no further order is necessary in this OA — This chunk discusses the pension increase for pre-1-1-2006 retirees in S-30 and S-31 grades, the reasoning behind it based on Rule 34 of CCS (Pension) Rules, 1972, and a court case (*State of West Be... — Facts: Two OAs namely, 937 of 2010 and 2101 of 2010 are disposed of by this common judgment as relief asked for is the same. O.A. No. 2101 of 2010 is filed by retired HAG Officers who were in pay scale of ₹ 22,400-24,500 in Fifth Central Pay Commission scales and O.A. No. 937 of 2010 is filed by pre-1-1-2006 retiree officers who were in the pay scale of ₹ 18,000-22,400 in Fifth Central Pay Commission scales of pay. The petitioners in these OAs pray for total parity with post 1-1-2006 pensioners by notionally revising their pay as on 1-1-2006 and then fixing pension at 50% of that notional pay. As regards S-29 pensioners, the Tribunal had already ordered for modified parity as recommended by Pay Commission and accepted by resolution of 29-8-2008 and a direction was given to the Respondents to refix the pension and pay arrears to all pre-2006 retirees of S-29 scale of pay by Full Bench of the Tribunal. In this connection, it is to be noted that the order of Tribunal is challenged in High Court of Delhi which is pending for adjudication. The relief asked for S-30 retired officials pray for pay scale revised to ₹ 75,500 which is the minimum pay scale of S-31 to ensure that the minimum pension of pre-1-1-2006 pensioners in HAG scale of pay is not less than that of those who retired after 1-1-2006. That prayer is rejected for reasons analyzed below: The pay scale of S-30 and S-31 in Third, Fourth, Fifth and Sixth Central Pay Commission is listed. The pay scale of S-30 petitioners were ₹ 22,400-24,500 in Fifth Central Pay Commission and that of S-31 petitioners were ₹ 22,400-26,000 in the Fifth Central Pay Commission. In the Sixth Central Pay Commission, the pay scale recommended for S-30 and S-31 is ₹ 39,200-67,000 with grade pay of ₹ 12,000 and ₹ 13,000 for S-30 and S-31 respectively. But the pay scale of HAG officers in pay scale of ₹ 22,400-24,500 was revised by the Government to ₹ 67,000-79,000 and for officers in the pay scale of ₹ 22,400-26,000 was revised by the Government to that of ₹ 75,500-80,000. Thus the pension of pre-1-1-2006 retirees in S-30 and 31 grade is increased over 33%. Hence the grievance of S-30 pensioners had been redressed by the notification, dated 16-7-2009. The contention of S-30 retired officials to raise their pension equivalent to S-31 retired officials was analyzed. As per Rule 34 of CCS (Pension) Rules, 1972, the pension of retirees has to be fixed on the basis of average emoluments drawn by them at the time of retirement. S-31 category was always drawing the pay or scale of pay maximum of which is higher than the pay or scale of pay of retired employees of S-30 scale of pay. Hence the S-30 category could have drawn maximum pension based on their last pay of ₹ 24,500 whereas S-31 category would have drawn maximum pension if they had reached the pay scale of ₹ 26,000 in the Fifth Central Pay Commission. The pension of pre-retired 1-1-2006 employees in terms of Rule 34 of Pension Rules ibid is the emoluments drawn by an employee at the time of retirement. Government had accepted the Sixth Central Pay Commission recommendation and granted different pay scale of pay to both these categories S-30 and S-31. In the case of State of West Bengal and another v. West Bengal Minimum Wages Inspectors' Association and others [ 2010 (2) SCC (L&S) 1 ] held that the evaluation of duties and fixing the pay scale based on the evaluation is the executive function. "Pay scale depends upon comparitive job evaluation and equation of posts." Hence such matters had to be approached by Courts with restrain and only in satisfactory cases the courts can interfere. In the case of S.C. Chandra and others v. State of Jharkhand and others [ 2007 (2) SCC (L&S) ], the Apex Court held that determination of parity in pay scale is a complex one which is for the executive to discharge.

Original Rule Text

Original Rule Text