Retired Sainik School Teacher’s ₹4,800 Grade-Pay Claim Fails; J&K HC Upholds ₹4,600 Fix Under Pre-2006 Pension Orders

In brief

The question

Whether a pre-2006 Sainik School retiree drawing the Fifth CPC scale of ₹6,500–10,500 was entitled to pension refixation using grade pay of ₹4,800, rather than the grade pay specified for pre-2006 pensioners under the applicable Government of India orders

The court held

The Court held that the petitioner was not entitled to pension refixation using grade pay of ₹4,800; his pension was to be revised under the orders applicable to pre-2006 pensioners, including the 2019 memorandum’s grade pay of ₹4,600

It also directed

It further noted that full pension had already been sanctioned

Finding no merit in the petition, the Court dismissed it

01Facts

The petitioner retired on resignation on 30 September 2003 as an Assistant Master, TGT (Senior Scale), while drawing the Fifth Central Pay Commission (CPC) scale of ₹6,500–10,500

¶ 2

He sought refixation of his pension, contending that the corresponding Sixth CPC grade pay should be ₹4,800 rather than the ₹4,200 initially used, and that his pension should not be reduced pro rata because he had fewer than 33 years’ qualifying service

¶ 3–4

The respondents stated that the applicable revision for pre-2006 retirees was subsequently amended to use grade pay of ₹4,600 and that the petitioner had also been sanctioned full pension

¶ 5–6

After his representation was rejected on 4 November 2022, he filed the present writ petition

¶ 1

02Issues

i.Whether a pre-2006 Sainik School retiree drawing the Fifth CPC scale of ₹6,500–10,500 was entitled to pension refixation using grade pay of ₹4,800, rather than the grade pay specified for pre-2006 pensioners under the applicable Government of India orders

¶ 8–10

ii.Whether the petitioner was entitled to full pension without pro-rata reduction for qualifying service of less than 33 years, and whether the relevant Government of India orders applied to Sainik School pensioners

¶ 4, 8, 11–13

03Law Applied

The Court applied the Government of India Office Memoranda governing revision of pre-2006 pensions: the 1 September 2008 memorandum extended Sixth CPC pension benefits to pre-2006 pensioners; the 28 January 2013 memorandum prescribed revision in accordance with its annexure, including grade pay of ₹4,200 for the relevant Fifth CPC scale; and the 9 July 2019 memorandum amended that treatment to use grade pay of ₹4,600 for pre-2006 retirees in the ₹6,500–10,500 scale

¶ 5, 10

The Court also considered the 6 April 2016 memorandum on full pension and held that pre-2006 retirees’ pensions must be revised under the specific orders governing that class, rather than by applying the scale applicable to employees who retired after Sixth CPC implementation

¶ 4, 9–10

Because the Sainik Schools Society adopted the Sixth CPC on the same pattern as Central Government employees, the relevant Government of India instructions applied to its employees and pensioners

¶ 11–12

04Reasoning

The petitioner retired in 2003, before the Sixth CPC took effect for Sainik Schools, and therefore could not claim the grade pay applicable to employees retiring after its implementation.

¶ 9–10

His pension was governed instead by the specific orders for pre-2006 pensioners: although the 2013 memorandum initially used grade pay of ₹4,200, the 2019 memorandum revised the applicable figure to ₹4,600—not the ₹4,800 claimed by the petitioner

¶ 9–10

The Court rejected the argument that the Government of India memoranda did not apply to Sainik Schools, since the Society’s adoption communication provided for the same pattern as for Central Government employees

¶ 11–12

As to pro-rata reduction, the respondents confirmed that full pension had already been sanctioned following the applicable memorandum, so that grievance no longer warranted relief

¶ 6, 13