Allowed

Dr P P Krishna Pur v. M/O Defence

CAT1 Jul 2014O.A./738/2014

Case brief

AI extract

What is this about?

The Tribunal held that special pay granted to Scientists as corrective allowance represents emoluments for pension purposes under Rule 33. It directed a uniform grant of this benefit to all eligible Grade 'G' Scientists nationwide.

What did the court decide?

Allow OAs. Direct respondents to grant special pay benefits universally to all Grade 'G' Scientists and file a compliance report within 4 months.

Dr P P Krishna Pur vs M/O Defence — Pension and Retirement Benefits | CAT (2014)

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CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH

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ORIGINAL APPLICATION N0.738 AND 739/2014

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DATED THIS THE <51M...DAY OF JULY, 2014

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HON'BLE DR.K.B.SURESH, MEMBER (J)

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HON'BLE SHRI RUDHRA GANGADHARAN, MEMBER (A)

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1.Dr.P.P.Krishnapur,

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Son of Parjiduranga Rao,

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Aged about 60 years. Scientist 'G' (Retired),

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DEBEL, DRDO, Residing ai No.7, 'Sri Sameer', 8'" Cross, purandaradasa Road, Bendray N agar, BSK II Stage, Bangalore - 560 070

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2.Dr.K.Radliakrishna,

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Son of late K.Vasudeva Sharma, Aged aboijjt 60 years.

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Scientist 'G' (Retired),

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Defence Rood Research Laboratory, Residing at No.8, Block No.7, Shivashakthi Road, Shakthi Nagar, Mysore-570 029

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.Applicants

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(By Shri B.S.Venkatesh Kumar, Advocate)

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Vs.

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1 .Union of Ipdia represented by Secretary!,! Ministry of Defence, South Block, New Delhi - 110 011

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2.The Direc or General,

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Defence research and Development Organization, Ministry of Defence,

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DRDO Bfiavan,

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Rajaji Marg, New Delhi - 110 105

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Respondents

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(By Shri M.V.Rao, SCGSC)

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ORDER

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DR.K.B.SURESH. MEMBER r.n

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This is a set of OAs filed by Dr.P.P.Krishnapur and Another as indicated above. The facts, legal issues involved and the relief sought in all the OAs being similar and the learned Counsels for the parties having agreed , all these OAs were heard together and are being disposed of by this common order. In a similar case In O.A.NO.287/2011 N.H.Sathyaraja and 3 Others the same issue was dealt with and the foliowing portion from the common order in that OA is extracted below:

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2- Heard both the Counsel in great detail. It appears that the Government of India vide No.DRD/85101-AA/ CPC/MPD/D (R&D) Department of i Research and Development, New Delhi dated 3.2.99 vide sub clause (1) granted I special pay of Rs.2,000/- p.m. To Scientists in the pay scale of Rs. 18,400-22,400, in lieu of a separate higher pay scale, after peer review. It seems that as the I Government authorities have found it necessary to retain, attract and inspire and motivate tHe Scientists to give their best contribution, the pay needed correction. This, correction iwill have effect of going to the root of the matter and wili affect the Rule-33 positiveiy. Rule 33 defines 'emoluments to mean basic pay as defined in Rule 9(21) (a) (i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement. Explanation shows that Stagnation increment shall be treated as emoluments for calculation of retirement benefits. Even though it is

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calculated for the purpose of pension, special pay was granted in lieu of correction to be made in the basic pay of Scientists and that cannot be termed as personal to him but was available to all at that particular grade.

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This matter was considered by the government in DHRD/762P5/DRDS/C/M/01 Government of India, Ministry of Defence dated 22.10.2009, and Government clarified under that the benefit, granted to Scientists w.e.f. 1.1.1996 is to be counted for pension and pensionary benefits in respect of all Scientists 'G' of DRDO.

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The learned Counsel for the respondents submits that even though Government has made a clarification, it may again raise the barrier of fundamental rule 33 stipulating emoluments as only basic pay but then there cannot be any doubt in this matter as the Government circular dated 3.2.1999 stipulated that even though it is called special pay it is actually corrective allowance given to scientists in lieu of a separate higher pay scale after peer review. There is no doubt this matter, is covered under fundamental rule 33 and this special pay will also form part of emoluments as it Is actually a higher pay scale even though considered as special pay. 5- In fact, the Principal Bench of the Tribunal, vide order in O.A.1153/02 dated 14.5.03 had elaborately considered this matter and had granted the benefits to the applicants therein who were similarly situated. Hyderabad Bench of the Tribunal vide order in O.A.184/06 dated 29.3.2007 also followed the Principal Bench and extended similar benefits. This Tribunal in several cases and especially in

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O.A.298/10 dated 6.4.2011 has also followed the same line.

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Therefore OAs allowed. Under Article 14 and for the need to have I'. a parimateria effect, we direct the second respondent to take the case of all such other Scientists iof Grade 'G', who may not have been given this benefit and to take appropriate steps to remedy the lacunae and universally grant equal benefit and file compliance report within 4 months.

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The OAs are allowed to the above extent as common orders in all

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cases. No! order as to costs.

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II (RUDHRAjGANGADHARAN) MEMBER (A) pm

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(DR.K.B.SURESH) MEMBER (J)

Dr P P Krishna Pur v. M/O Defence

Case brief

What is this about?

What did the court decide?

Dr P P Krishna Pur v. M/O Defence

Case brief

What is this about?

What did the court decide?

What the court decided

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