CAT - ['Cuttack']

General allegations of incorrect pension fixation fail absent specific evidence of procedural or mathematical errors.

CH AMMALU vs M/o Railways

CAT - ['Cuttack']JUDGMENT: April 15, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant is the widow of Late Ch. Mohan Rao, a Travelling Ticket Examiner (TTE) who was removed from service on 26.06.1997 for unauthorized absence

Source reference: p. 2

Upon challenge in O.A. No. 686 of 1997, the Tribunal modified the punishment to "Compulsory Retirement," a decision upheld by the Orissa High Court in 2003

Source reference: p. 2

Following Rao's death, the applicant was issued a Pension Payment Order (PPO).

Source reference: p. 3

The applicant alleged that her husband’s pension was erroneously fixed based on a pre-revised pay scale of Rs. 1200-2040 and a last pay drawn of Rs. 1440/-, rather than the revised 5th Central Pay Commission (CPC) scales effective from 01.01.1996

Source reference: p. 3

Although a previous O.A. (439/2007) directed the applicant to file a representation, the respondents closed the matter in 2010 claiming no representation was received

Source reference: p. 5-6

The applicant filed the present O.A. in 2019 seeking a revision of family pension

Source reference: p. 3
02

Issues

1. Whether the O.A. is barred by the law of limitation due to the nine-year delay since the closure of the previous proceedings in 2010

Source reference: p. 6

2. Whether the respondents committed an error in the calculation and fixation of the late employee's pay and subsequent pension/family pension under the 5th CPC recommendations

Source reference: p. 3, 7
03

Law Applied

The Tribunal applied the principles of the 5th Central Pay Commission (CPC) pay scales as adopted by the Railways

Source reference: p. 5

Railway Board Letter No. F(E)III/07/PN1/22 dated 05.11.1997 and Establishment Serial No. 158/97 dated 12.11.1997 (Para-10), which prescribe the methodology for calculating pension based on average emoluments and qualifying service at the time of retirement

Source reference: p. 5
04

Reasoning

The Tribunal first addressed the issue of delay; given the applicant’s status as a 72-year-old widow and the nature of the claim (pension), it condoned the limitation period

Source reference: p. 6

On the merits, the Tribunal found that the applicant’s claim was "evasive and general," failing to provide documentary evidence or pinpoint exactly how the pay fixation was incorrect

Source reference: p. 7

In contrast, the respondents provided detailed calculations demonstrating that the pension was fixed at Rs. 1,724/- with Dearness Relief, totaling Rs. 1,951/- w.e.f. 26.06.1997, based on a qualifying service of 31 years and 6 months

Source reference: p. 4-5

The Tribunal noted that the respondents had applied the 5th CPC scales to calculate both the pension and the Death-cum-Retirement Gratuity (DCRG) of Rs. 44,680/- paid in 2004

Source reference: p. 5

Since the applicant could not specifically dispute these statutory calculations, the Tribunal found no grounds to doubt the respondents' actions

Source reference: p. 7
05

Holding

The Tribunal dismissed the O.A., holding it to be devoid of merit

It concluded that the respondents had correctly fixed the pay and pension in accordance with the 5th CPC scales and relevant Railway Board rules

Source reference: p. 7

The prayer for revision of family pension was denied, and all pending miscellaneous applications were disposed of

Source reference: p. 8
CAT - ['Cuttack']

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CH AMMALUvsM/o Railways

CAT - ['Cuttack'] · April 15, 2026

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