IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23/10/2008
CORAM:
THE HONOURABLE MR.JUSTICE P.K.MISRA
AND
THE HONOURABLE MR.JUSTICE A. KULASEKARAN
WP.No.22202/2005
WPMP.No.24201/2005
1.Union of India by Director General Of Posts
Dak Bhavan, New Delhi 110001
2.The Chief Post Master General, Tamil Nadu Circle
Chennai-2 Petitioners
Vs
1.The Registrar, Central Administrative Tribunal
Madras Bench, Chennai-104
2.K.Arunachalam Respondents
Prayer:- This Writ Petition is filed under Art.226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the 1st Respondent Tribunal relating to the order passed in OA.No.325/2004 dated 24.2.2005 and quash the same.
For Petitioner : Mr.V.Chokalingham, ACGSC
For Respondents : Mr.S.Ramasamy Rajendran-R2
ORDER
(Order of the Court was made by P.K.MISRA, J.)
1.Heard Mr.V.Chokalingam, ACGSC for the Petitioners and Mr.S.Ramasamy Rajendran, learned counsel for the 2nd Respondent.
2.The 2nd Respondent herein retired from service on 31.3.1989. Though he was in the regular post of Group-B, gazetted in the Postal Department, he had been promoted on adhoc basis, with effect from 1.2.1989 and on the date of retirement i.e. on 31.3.1989, he was holding such promotional post of Chief Post Master-Group-A at Anna Road Head Post Office. Of course, such promotion was purely on temporary basis and adhoc basis. In the order of promotion, it was clearly indicated as under:-
“III. The above appointment of Shri T.Sankarakrishnan to Junior T/S of IPS Group ‘A’ and Shri K.Arunachalam to PMs Group ‘A’ is purely on temporary and adhoc basis. This will not bestow upon them any claim for regular appointment in the respective cadres. Services rendered on adhoc basis will not count for the purpose of seniority in that grade for eligibility for promotion, confirmation, etc.”
Subsequently, after retirement, the 2nd Respondent was getting pension, as per the Rules then applicable. After introduction of the Fifth Pay Commission Scale of Pay, the Office Memorandum dated 11.5.2001 was issued to the following effect:-
“The undersigned is directed to refer to this Department’s O.M.No.45/10/98 P&PW(A) dated 17th December, 1998, wherein the criteria to be adopted by the Pension Sanctioning authorities while stepping up of the consolidated pension of retirees have been detailed.
In the course of implementation of the above order, clarifications have been sought by Ministries/Departments of Government of India about the actual connotation of the “Post last held” by the pensioner at the time of his/her superannuation. The second sentence of O.M. Dated 17.12.1998, i.e. “pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay with effect from 1.1.1996 of the post last held by the pensioner”, shall mean that pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum of the corresponding scale as on 1.1.1996, of the scale of pay held by the pensioner at the time of superannuation/ retirement.
Other provision contained in the O.M. Of 17th December, 1998 will remain unchanged
This clarification issues with the approval of the Ministry of Finance, Department of Expenditure.
Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners’ Welfare O.M.No.45/86/97-P&PW(A)(pt) dated 11th May 2001.”
Subsequently, the 2nd Respondent herein made a representation to the concerned authorities for revision of his pension payable in accordance with such Office Memorandum. However, since the said representation was rejected, the 2nd Respondent filed OA.No.325/2004 before the Tribunal for a direction to the Respondents to pay the pension, by fixing the pay of Rs.10,000-15,200/-, as per the revised scale of pay and by calculating the pension accordingly. The Department took a stand that the applicant (the present 2nd Respondent herein) before the Tribunal was not eligible to be promoted to the post of Chief Post Master, as he had not completed seven years of service in Group-B Post. It was further pointed out that the applicant had been promoted only on temporary and adhoc basis and therefore, the applicant was not entitled to claim pension on the basis of the last pay drawn by him. The Tribunal, however, negatived such contention and by referring to the said Office Memorandum, observed that since the applicant had been promoted, even though on adhoc basis and he was drawing the scale of pay applicable to the Chief Post Master-Group-A, he would be entitled to get pension as per the Office Memorandum referred to above. Accordingly, the Original Application was allowed. Such order is being questioned by the Union of India by filing this present Writ Petition.
3.Mr.V.Chokalingham, ACGSC for the Petitioner has reiterated the submissions, which had been made before the Tribunal. It is strenuously contended by him that since, the present 2nd Respondent was not eligible to be promoted as Chief Post Master, Group-A and since he was holding such post only on temporary and adhoc basis, his pension is required to be calculated on the basis of scale of pay applicable to him in his substantive capacity in Group-B.
4.We have already referred to the Office Memorandum and such Office Memorandum leaves no room for doubt that the pension is required to be paid on the basis of the last pay drawn by an Officer. In such Office Memorandum, it is nowhere indicated that such Memorandum is applicable only when a person is holding the post on substantive and regular basis and not on temporary and adhoc basis. The language of such Office Memorandum is being clear, we have no doubt in our mind that the order passed by the Tribunal, directing the payment of pension by taking into account the Office Memorandum dated 17.12.1998 to the effect that pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay with effect from 1.1.1996 of the post last held by the pensioner, would be applicable and therefore, the applicant/2nd Respondent herein would be entitled to the pension on that scale, notwithstanding the fact that he was holding the post only on temporary and adhoc basis. Therefore, this Writ Petition is dismissed. No costs. Consequently, the connected MP is closed. The order of the Tribunal shall be complied with within a period of ninety days from the date of receipt of a copy of this order.
Srcm
To:
The Registrar, Central Administrative Tribunal
Madras Bench,
Chennai 104
[ PRV / 16176 ]