CHANDIGARH, Aug 5: A bench of the Central Administrative Tribunal comprising administrate member S. C. Vaish and judicial member Jasbir S. Dhaliwal rejected the claim of Government Pensioners Association (Regd) filed through its president S. R. Maini, a retired IAS officer of Punjab cadre.Government of India, Ministry of Personnel and Administrative Reforms Pensions and Pensioners Welfare issued orders granting benefit to the members of Indian Administrative Service who retired after March 31, 1985, and January 1, 1986, whereby ceiling on pension was increased, gratuity was enhanced from Rs 30,000 to Rs 50,000 element of DA, ADA and ad-hoc DA upto 568 point of price index was allowed.The association representing retired IAS officers of Punjab and Haryana cadres pleaded that its members numbering around 400 who retired before March 31, 1985 were not granted the revised pensionary benefits.The case of the association was that the pensionary benefits should be the same irrespective of date of retirement and the rules denying such benefit on the basis of date of retirement should be struck down. Counsel for the applicants submitted that inequality in pension should be minimised as provided under Articles 38/39 of the Constitution of India whereas in their case the Ministry even declined to give them national benefit.The Bench observed that the plea of the association that all persons retired from similar posts irrespective of date of retirement should be entitled to the same pension is not acceptable as the pension has to be calculated on the basis of the actual emoluments received by the retiree during last 10 months. The claim of the association was rejected being devoid of merits.
