33-year service norm for full pension ‘bad in law’: CAT

Srinagar, May 2: Observing that the requirement of 33 years of qualifying service for a full pension is “bad in law”, the Central Administrative Tribunal (CAT) in Srinagar has directed the government to grant an additional increment and revise the pension of a retired college principal.

A bench of Ritu Tagore, Member Judicial, passed the direction while allowing an application by Prof Mushtaq Ahmad Wani, a former Principal of a Government Degree College, who had retired on December 31, 2006, after rendering 28 years and seven months service. Wani had been initially appointed as a Lecturer in the Higher Education Department on May 24, 1978 and was elevated to the post of principal after earning promotions from time to time. 

The Tribunal directed the authorities to extend the benefit of one additional increment under SRO-222 dated July 10, 2012 and quashed a 2013 communication issued by the Financial Advisor, Higher Education Department that had denied its applicability to college teachers.

The authorities had effectively admitted the principal’s entitlement but failed to grant the benefit without valid reasons, the Tribunal said.

On the issue of pension, the Tribunal ruled that the applicant was entitled to 50% of his last notional pay as pension, irrespective of the earlier requirement of 33 years of qualifying service. It noted that the matter had already been settled by the Supreme Court, which held such a condition to be arbitrary.

The Tribunal further emphasised that employees completing 20 years of qualifying service are eligible for a full pension, in line with government orders issued in 2016. It also underscored the principle of parity, directing that the applicant be treated at par with similarly situated pensioners.

“As regard the Claim No (b) -of grant of release of pension to the applicant at 50% of the last Notional pay drawn and pay scale is concerned, this Tribunal notes that issue involved is no larger res-integra and stands settled by Hon’ble Supreme Court …, observing that the provision providing 33 years of qualifying service for grant of full pension is bad in law,” the Tribunal said after hearing counsel for the principal, Faizan Majid Bhat and counsel for the respondents.

“Consequently, the Government Orders dated 06.04.2016 issued in this regard, clarifying that once an employee renders 20 years of service, pensionable service should be paid at 50% of average emoluments as pension”

Allowing the application, the Tribunal ordered the authorities to complete the entire exercise regarding the release of pension in favour of the principal at 50 % of the last notional pay drawn within six weeks from receipt of the certified copy of the order.