Ramkrishan Upadhyay
Chandigarh, February 18
In a significant judgment, the Chandigarh Bench of the Central Administrative Tribunal (CAT) has held that 20 per cent additional quantum of pension has to be extended to pensioners from the first day of the 80th year and not from the first day of the 81st year.
The CAT has pronounced the judgment in applications filed by 10 former HODs and professors of the PGI while setting aside the order of the institute dated December 8, 2021.
The Bench has directed the PGI and the Ministry of Health to pay 20 per cent additional quantum of pension to the applicants in terms of office memorandum dated May 12, 2017 from the first day of the 80th year within a period of eight weeks from the date of receipt of a copy of this order, along with arrears and interest payable on GPF rates.
Dr SM Bose (81), former Senior Professor and Head of Surgery and Emergency, Dr HS Chawla (77), former HoD, Oral Sciences, Dr VK Kak (83), former HoD, Neurosurgery, Dr Roma Uppal (84), former Professor of Pharmacology, Dr Ashok Utreja, former Professor of Oral Sciences, Dr SK Jindal, former HoD, Oral Sciences, Dr Bhushan Kumar, former HoD, Medicines, Dr Sarla Malhotra, former professor, Gynaecology, Dr PL Sharma, former HoD, Pharmacology, and Dr GK Khullar (78), former HoD, Biochemistry, approached the CAT through senior advocate Rajesh Garg and advocate Neha Matharoo.
In the applications filed under Section 19 of the Administrative Tribunals Act, 1985, they prayed for quashing and setting aside the notification dated December 8, 2021 issued by the PGI whereby the claim of the applicants with regard to 20 per cent increase in basic pension amount on entering the 80th year of age had been declined.
The applicants said they were retired faculty from the PGI. They said the PGI declined the claim of the applicants for the grant of 20 per cent increase in basic pension on entering 80th year of age and granting the same only on the completion of 80 years of age.
The PGI and the Secretary, Ministry of Health amp; Family Welfare, have filed a reply wherein they submitted that the additional quantum of pension was available on attaining the age of 80 years (from 80 years) and not on entering the 80th year.
Rajesh Garg, counsel for the applicants, submitted that the issue regarding entitlement of additional quantum of pension @ 20 per cent of basic pension had already been adjudicated in various judgments of superior courts.
After hearing the arguments, Ramesh Singh Thakur, Member (J), allowed the applications and quashed the order of the PGI dated December 8, 2021.
The Bench directed the respondents to pay 20 per cent additional quantum of pension to the applicants in terms of office memorandum dated May 12, 2017 from the first day of 80th year within a period of eight weeks from the date of receipt of a copy of this order, along with arrears and interest payable on GPF rates.
