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. 2Upon 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. 2Following Rao's death, the applicant was issued a Pension Payment Order (PPO).
Source reference: p. 3The 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. 3Although 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. 5-6The applicant filed the present O.A. in 2019 seeking a revision of family pension
Source reference: p. 3Issues
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. 62. 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, 7Law Applied
The Tribunal applied the principles of the 5th Central Pay Commission (CPC) pay scales as adopted by the Railways
Source reference: p. 5Railway 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. 5Reasoning
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. 6On 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. 7In 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. 4-5The 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. 5Since the applicant could not specifically dispute these statutory calculations, the Tribunal found no grounds to doubt the respondents' actions
Source reference: p. 7Holding
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. 7The prayer for revision of family pension was denied, and all pending miscellaneous applications were disposed of
Source reference: p. 8Original Court PDF
CH AMMALUvsM/o Railways
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