| PDF Title | Pension Litigation Case Study – Revision of Pension on Upgradation of Posts/Pay Scales after Retirement |
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| Posted By | Admin |
| Posted On | Aug 18, 2025 |
Pension Litigation Case Study – Revision of Pension on Upgradation of Posts/Pay Scales after Retirement
6. Pensioners seeking benefit of revision of pension on the basis of up gradation of posts/pay scales which happened subsequent to their retirement.
6.1 Brief: Pre-2006 retirees are seeking benefit of revision of pension on the basis of up gradation of posts/pay scales which happened subsequent to their retirement against the instructions dated 11.02.2009 of DoPPW which stipulates that the benefit of upgradation of posts subsequent to their retirement would not be admissible to the pre-2006 pensioners.
6.2 The Hon’ble HC Delhi vide judgment dated 03.08.2016 in case of Ram Phal Vs UOI allowed the benefit of upgradation of post subsequent to retirement for the purpose of fixation of Pension (now pending before the Hon’ble Supreme Court in SLP No. 29383/2018 wherein operation stayed on 29.10.2018) and relying on this, the Hon’ble HC Delhi pronounced the judgment dated 14.09.2017 in Rajendra case in Writ Petition (C) No. 8113 of 2016. At present, Special Leave Petition 16321/2018 filed by UOI (against the Final Impugned Judgment and Order dated 14.09.2017 passed by the Hon’ble High Court of Delhi in Writ Petition (C) No. 8113 of 2016) is pending before Hon’ble SC.
6.3 Further, Ld. CAT PB, Delhi, in its order dated 6.11.2017 in the matter of Amrendra Nath Mishra & Ors Vs UoI & Ors in O.A. No. 1586/2010 has observed that the pension of pre-2006 pensioners is to be revised w.e.f. 1.1.2006 in terms of this Department’s OM dated 28.1.2013 read with OM dated 30.7.2015 (which was issued in implementation of the Ld. CAT’s order dated 1.11.2011 in O.A. No. 655/2010). Since the upgraded pay scale of Rs. 80,000/- fixed is applicable to those officers who came to occupy the post of Members of CBDT and CBEC on selection, Shri Mishra cannot be given the benefit of this scale for fixation of pension. The Ld. CAT, accordingly, dismissed the OA filed by Shri Amrendra Nath Mishra and some other similarly placed retired officers of CBDT/CBEC.