Writ petition dismissed. Bench held that under Rule 49(2-A) of CCS (Pension) Rules, 1972, additional pension of 20% is payable only after completion of 80 years of age, not merely upon entering the 80th year.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 16575/2023
B.L. Sharma S/o Shri Phusa Ramji Sharma, Aged About 91 Years, By Caste Brahman, R/o H.no. 5-D-1, Duplex Colony, Bikaner - 334003 (Raj.) (Office Address - Retired From Service On 28-02.1991 As Superintendent Of Post Offices).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. S. P. Singh For Respondent(s) : Mr. Mukesh Rajpurohit, Dy.SG
HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
18/10/2023
The present writ petition has been filed against the order dated 24.08.2023 passed by Central Administrative Tribunal, Jodhpur Bench (hereinafter referred to as ‘the Tribunal’ in Original Application No.290/00049/2022), whereby, the Original
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Application preferred by the applicant-petitioner has been dismissed.
Briefly, the facts required to be noted in the present case are that the petitioner was appointed as a Postal Assistant in the respondent–Department on 01.04.1956 and was thereafter promoted on the post of Inspector on 12.05.1966. Petitioner was promoted to the post of Superintendent of Post Offices as Grade B Officer. The petitioner ultimately superannuated from the services on 28.02.1991. The date of the birth of the petitioner is 01.03.1933.
The respondents introduced a provision in Central Civil Service (Pension) Rules, 1972 (for short ‘the Rule’) for grant of additional pension to the old pensioners from 01.01.2006. The Rule prescribed that quantum of pension to the old pensioners shall be enhanced 20% of basic pension after a person has attained the age of 80 years and further 30% from 85 years, 40% from 90 years and 50% from 95 years and 100% from 100 years and more.
Since the petitioner entered into 80th year of his life, considering himself eligible for enhancement of 20% of pension, approached the respondents and when the same was denied, an Original Application was filed before the Tribunal. The Tribunal after hearing the counsel for the parties, dismissed the Original Application vide order impugned dated 24.08.2023. Hence, the present writ petition has been filed.
Learned counsel for the petitioner vehemently submitted that since the petitioner has entered into 80th year of his life, he is
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entitled for grant of enhancement of 20% of the basic pension granted to him by the respondents. The learned counsel has tried to implore the Court that in the Table appended under Rule 49 of CCS (Pension) Rules, 1972, it is very categorically written that from 80 years, a person is entitled for 20% enhancement of additional pension, therefore, once the petitioner has entered into 80th year of his life, he is entitled to get enhancement of 20% of basic pension.
The learned counsel further submitted that the Tribunal has committed an error while rejecting the Original Application. He submitted that in a similar situation, the Gauhati High Court in the case of Virendra Dutt Gyani vs. Union of India (D.B. Civil Writ Petition No.4224/2016) decided on 15.03.2018 granted relief to the petitioner in that case and therefore, on the same ground, the petitioner is also entitled to get the enhancement of his pension by 20% from the age when he has entered into 80th Year of his life.
Learned counsel for the petitioner has further relied upon an Office Memorandum issued by the Government of India on 03.10.2008, whereby in Table No. 4.5, it has been mentioned that a person will be entitled to enhancement of 20% of the revised basic pension from 80 years to less than 85 years and therefore, the petitioner is entitled to get enhancement of his pension from the date he has entered into 80th year of his life.
We have considered the submissions made at the bar and have gone through relevant record of the case including the judgment dated 24.08.2023.
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The provisions holding the field for grant of enhancement of pension clearly show that a person is entitled for enhancement of 20% of his basic pension, after he has completed 80 years of age. Rule 49 (2-A) of the CCS (Pension) Rules, 1972, as amended on 08.06.2011 reads as under :-
(2-A). In addition to pension admissible in accordance with sub-rule(2), after completion of eighty years of age or above, additional pension shall be payable to the retired Government servant in the following manner :-
| Age of Pensioner | Additionalpension |
|---|---|
| From 80 years to less than 85years |
20% of basic pension |
| From 85 years to less than 90years |
30% of basic pension |
| From 90 years to less than 95years |
40% of basic pension |
| From 95 years to less than 100years |
50% of basic pension |
| 100years or more | 100% of basicpension |
Rule 49 (2-A) of the Rule is very clear and unambiguous. As per Rule 49 (2-A) of the Rule, a person is entitled to get enhancement of 20% of basic pension after he has completed 80 years of age. This will have to be read harmoniously alongwith the Table provided under Rule 49 (2-A) of the Rule and on harmonious construction of the provisions, we are clearly of the view that the enhancement of pension to a person will be after he has completed 80 years of age.
The Tribunal has rightly construed the provision and has correctly come to the conclusion that the intention of the legislature was to give enhancement of 20% of pension to those persons who have completed 80 years of age and therefore, the
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word “from” shown in the Table will have to be harmoniously construed alongwith the word “after” mentioned in Rule 49 (2-A) of the Rules of 1972.
As far as the judgment relied upon by learned counsel for the petitioner in the case of Virendra Dutt Gyani’s (supra) is concerned, the same is clearly distinguishable as it was based on the provisions of High Court and Supreme Court Judges (Salaries & Condition of Service) Act, 1954 and therefore, it is having no application in the present set of facts.
In view of the discussions made above, we are in complete agreement with the view taken by the Tribunal.
The writ petition lacks merit and the same is, therefore, dismissed.
(VINIT KUMAR MATHUR),J
(AUGUSTINE GEORGE MASIH),CJ
49-Anil Arora/-
2 issues framed by the court
Whether the petitioner entitled to 20% additional pension upon entering the 80th year of age as per Rule 49(2-A) CCS (Pension) Rules, 1972.
Whether the Central Administrative Tribunal correctly held that the enhancement of pension is due only after completing 80 years of age.
Colour shows how this judgement treated each authority
Virendra Dutt Gyani vs. Union of IndiaDistinguished¶45
Virendra Dutt Gyani vs. Union of India (D.B. Civil Writ Petition No.4224/2016)
B.L. Sharma
Union Of India
Augustine George Masih
Vinit Kumar Mathur
As recorded by the court registry
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