Facts
The applicants, retired employees aged 60, filed an application under Section 19 of the Administrative Tribunals Act, 1985, seeking the re-fixation of their pensionary benefits
Source reference: p. 2They contended that their pension should be calculated based on the Last Pay Drawn Certificate (LPC) prepared by the Geology and Mining Department (Respondent No. 2), which included benefits under SRO-149 of 1973
Source reference: p. 2The applicants further sought a stay on any potential recoveries of payments already made, citing established Supreme Court precedents, and challenged the application of S.O. No. 129 dated 28.03.2022 to their pension fixation
Source reference: p. 2The respondent department had already forwarded the revised LPC to the Accountant General (AG) for processing
Source reference: p. 3Issues
1. Whether the applicants are entitled to the re-fixation of pensionary benefits including the benefits of SRO-149 of 1973 in light of recent judicial precedents?
Source reference: p. 2-32. Whether the respondents are prohibited from effecting recoveries from the applicants' pensionary dues?
Source reference: p. 2Law Applied
Judgment of the Hon’ble High Court in Provincial Power Employees Union of India v. State of Jammu and Kashmir and Ors. (08.05.2017), which was subsequently upheld by the Hon'ble Supreme Court in The State of J&K and Ors. v. Provincial Power Employees Union and Ors., Civil Appeal No. 7992 of 2022, decided on 04.02.2026
Source reference: p. 3Principles laid down in Thomas Daniel v. State of Kerala and Ors. (2022) and State of Punjab and Ors. v. Rafiq Masih (White Washer) (2014), which restrict recovery from retired employees or those nearing retirement
Source reference: p. 2Reasoning
The Tribunal noted that the legal controversy regarding the inclusion of SRO-149 benefits had been conclusively settled by the Supreme Court in its order dated 04.02.2026
Source reference: p. 3It observed that since the Geology and Mining Department had already revised the applicants' LPC to include SRO-149 benefits and forwarded the same to the Accountant General's office, the applicants were entitled to the relief sought
Source reference: p. 3The Tribunal emphasized that the AG Office is obligated to process the pension revision in alignment with the apex court's decision and the issued LPC
Source reference: p. 3By directing the respondents to finalize the process through a speaking order, the Tribunal ensured that the administrative action conformed to the established judicial mandate
Source reference: p. 3-4Holding
The Tribunal disposed of the Original Application with a direction to the Accountant General to revise the applicants' pensionary benefits in accordance with the revised LPC
The respondents were further directed to transmit the relevant service books and pay fixation details to the AG Office within six weeks to complete the exercise
Source reference: p. 3-4The final decision regarding the applicants' case must be communicated via a reasoned and speaking order within the same timeframe
Source reference: p. 4No costs were awarded
Source reference: p. 4Original Court PDF
Satish KumarvsGEOLOGY AND MINING DEPARTMENT
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in