CH. SUNDARAN, HYDERABAD. V. THE UNION OF INDIA, REVENUE DEPT.,NEWDELHI-01,AND 5 OTRS.

WP/5218/2011

AI Insights

The case involves Ch. Sundaran, a retired Assistant Commissioner of Income Tax, who filed a writ petition challenging the order of the Central Administrative Tribunal, Hyderabad. The Tribunal had dismissed his application seeking re-fixation of his pension based on 100% grade pay following the Revision of Pay Scales-2005. The petitioner argued that his pension should be recalculated considering the full grade pay, but the respondents adhered to the 50% grade pay as per the rules applicable to his retirement date. The High Court, after hearing the arguments, upheld the Tribunal's decision, stating that the pension was fixed in accordance with the applicable rules and clarifications at the time of his retirement.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 674583 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 23-09-2022
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: ANJALI AGARWAL; B SARMA
• Assessee Lawyers: K R K V PRASAD
• Keywords: Central Administrative Tribunal; Superannuation; Pension fixation; Grade pay; Revision of pay scales
• Section: 19

Judgement Text

"[ 3308 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 5218 OF 2011 Between: Ch. Sundaran, S/o. C. Narayanan Nair, Assistant Commissioner of lncome Tax (Retd.) R/o. 6-97, Pochamma Bagh, Saroor Nagar, Hyderabad. ,..PETITIONER AND 1. The Union of lndia,., Reptd. by the Secretary Government of lndia, Ministry of Finance, Dept. of Revenue, Central Board of Direct Taxes, North Block, New Delhi - 110 001. 2. The Secretary, Ministry of Personnel Public Grievances and Pensions. Dept. of Pension and Pensioner's Welfare, Lok Nayak Bhavan, New Delhi - 1 10 003. 3. The Principal Chiei Controller of Accounts, Centra: Board of Direct Taxes North Block, New Delhi - 'l 10 001. 4. The Director of lncome Tax (Exemptions), Ayakar Bhavan, lll Floor, Basheer Bagh, Hyderabad - 500 004. 5. The Zonal Accounts Officer, Central Board of Direct Taxes Zonal Accounts Office, V Floor, Ayakar Bhavan, Basheerbagh, Hyderabad - 500 004: 6. The Registrar, Central Administrative Tribunal Hyderabad Bench, Hyderabad. ...RESPONDENTS Petition Under Article 226 of the Constitution cf lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more partrcularly one in the nature of Certiorari by calling for the order dated 08-12-2010 in O.A.No.19 of 2010 on the file of the Central Administrative Tribunal, Hyderabad Bench and declare the same as illegal, unconstitutional, and is in violation cf the Rules Governing the subject and set aside the same by directing the oir'r;ial responcients to fix the I I provisional pension of the applicant as Rs. 13,2001- p m. w.e.f. 01-01-2006 with all consequential benefits including interest @ 109t p.a. on the arrears of the difference in pension which would be worked till the date of payment of the arrears. Counsel for the Petitioner : SRI.K.R.K.V.PRASAD Counsel forthe Respondent No.1 : SMT.ANJALI AGARWAL Counsel for the Respondent Nos.2 to 5 : SRI.B.NARASIMHA SARMA Counsel for the Respondent No.6 : -- The Court made the following ORDER HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE K.SARATII W.P.No.5 218 0F 201',t ORDER: (Pe r Hon'blc Sri Justice Abhinand Kumar Shavili) Aggrieved by the order dated 08.L2.2A10 passed in O.ANo.19 of 2010 by the Crntral Administrative Tribunal, Hlderabad, the present writ petition has been filed. Heard Sri K.RK.V.Pmsad, Ieamed cotursel appearing for the petitioner and Smt Anjali Agarwal, Ieamed Standing Counsel for Crntral Govemment appearing for the 1\" respondent, and Sri B.Narasimha Sarma, leamed counsel appearing for responden* 2 to 5. It is the case of the petitioner that he retired from service on attaining the age of superannuation on 30.06.2004 as fusistant Commissioner of Income Tax. But, his pension was not properly fixed consequent upon Revision of Pay Scales-2005. Hence, he filed O.ANo.19 of 2010 before the Central Administrative Tribunal, Hyderabad, stating that 2 pension ha^s to be fixed taking into account 100o/o grade pay, but the respondents have fixed only50% grade pay.lX/ithout appreciatrng any of the contentions raised by the petitioner, the Tribunal uide order date 08.12.2010 dismissed the said O.A FIence, the present writ petition. Learned counsel appearing for the petitioner had contended that appropriate orders be passed in the writ petition by setting aside the order dated C8.12.2010 passed by the Tribunal in O.ANo.l9 of 20t0 and further dtecting the respondcnts to re-fix the pension of the pensioner by Leamed counsel appearing for the respondents had contended that the $sue was clarified vide Office Memorandum dated 1+.t0.2008, whereunder the petitioner s/as not entitled for fixation of 100o/o grade pay and since the petitioner has retired from service prior to 2006, his pay sras fixed based upon the clarificatorymemo dated 14.10.2008. taking into account 100o/o grade pay of. the petitioner. Therefore, the Tribunal was justified in disrnissing the O.A I There are no merits in the writ petition and the same is liable to be dismissed. Flaving considered the rival submissions made by the leamed counsel on either side, this C-ourt is of the view that the respondents have fixed the pension of the petitioner in terms of the clarificatory memo dated 14.10.2008 and since petitioner has retired prior to 2006,he is not entitled to the relief as praled by him. The Tribunal was justified in dismissing the O.A. Hence, 7e are not inclined to interfere order passed bythe Tribunal. Accordingly, Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed. SD/.I.NAGALAKSHMI DEP REGISTRAR //TRUE COPY// SECT OFFICER To S.A. 1. One CC to SRI.K.R.K.V.PRASAD' Advocate IOPUCI z. ine Centraf Adimnistrative Tribunal Hydeabad Bench Hy-d-erabad i One cC to SRI.B.NARASIMHA SARMA' Advocate [ofUC] a. One CC to SMT.ANJALI AGARWAL, Advocate [OPUC] 5. Two CD Copies 6. One spare coPY bs I HIGH COURT DATED:2310912022 ORDER WP.No.5218 of 2011 DISMISSING THE W.P WITHOUT COSTS. .i .i 2 1 i'.r[ ?$I2 15V I I .Q I "