Central Administrative Tribunal Delhi K S Dhingra vs M/O Defence on 27 September, 2019 CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL NEW DELHI O.A. NO.4705 of 2018 Orders reserved on : 24.09.2019 Orders pronounced on : 27.09.2019 Hon'ble Ms. Nita Chowdhury, Member (A) K.S. Dhingra S/o S. Santokh Singh Dhingra Aged about 69 years Resident of A17 (Second Floor), Swaran Singh, Delhi110033 Dy. Director (Retd.) .... Applicant (Applicant in person) VERSUS 1. Union of India through Secretary, Ministry of Defence, South Block, New Delhi110011. 2. Secretary, Ministry of Power, Shram Shakti Bhawan, Rafi Marg, New Delhi110001. 3. Secretary, Department of Pension and Pensioner‟s Welfare Lok Nayak Bhawan, Khan Market, New Delhi110003. 4. Joint Secretary & Chief Administrative Officer, Ministry of Defence, E Block Hutments, Dara Shikoh Marg, New Delhi110011. 5. Chief Manager, State Bank of India, Centralised Pension Processing Centre, 2nd Floor, Chandni Chowk, Delhi110006. ..... Respondents (By Advocate : Shri Piyush Gaur) 2 ORDER Heard the applicant, who appeared in person and Shri Piyush Gaur, learned counsel for the respondents. 2. By filing this OA, the applicant is seeking the following reliefs: "(a) set aside the impugned order dated 10.12.2018 (Annexure A1) being perverse and untenable in law. (b) hold that the applicant‟s pension was correctly fixed under PPO No.C/MISC/180150 dated 09.09.2005 (Annexure A2) after taking into account his basic pay of Rs.19900/ in the pay scale of Rs.1840050022400, and revised vide Corrigendum PPO No.C/Corr/6th CPC/056137/ 2015 dated 26.08.2015 (Annexure A3). (c) direct the respondents to revise the applicant‟s pension based on the Seventh Pay Commission, as accepted by the Central Government, taking the details of basic pay etc. as per PPO No.C/MISC/18105/2005 dated 9.9.2005 (Annexure A2) as the basis. (d) award the cost of the proceedings in favour of the applicant. (e) pass such other order or direction as this Hon‟ble Tribunal may consider appropriate in the facts and circumstances of the case." 3. The applicant in this case has challenged the order dated 10.12.2018 by which the respondents have written to Chief Manager, State Bank of India informing them that pension of the applicant has been downgraded w.e.f.11.10.2018 and that necessary action in pursuance of 3 revised corrigendum dated 06.12.2018 with regard to PPO No.CCORRMISC001692018 should be taken by them. 4. The applicant, who was working as Civilian Officer Staff with Ministry of Defence, had applied to go on deputation basis with Central Electricity Regulatory Commission and was selected and duly appointed as Chief (Legal) under proper selection process in the year 1999. His period of deputation was extended from time to time and the last extension being upto 07.06.2004. Subsequently the applicant was permanently absorbed on the post of Chief (Legal) in the Central Electricity Regulatory Commission, New Delhi on 07.06.2004. The applicant opted for receiving pension from the Central Commission for entire service rendered by him under the Central Government and Central Commission on pro rata retirement benefits of the service rendered by him with the Central Government. 4.1 The applicant‟s pension was fixed by PPO No. C/MISC/18105/2005 09.09.2005 taking his basic pay as Rs.19900/ in the pay scale of Rs.1840050022400/. This PPO was revised vide corrigendum dated 26.08.2015 based on the 6th Pay Commission with reference to pay scale of Rs.1840050022400/. The applicant on implementation of recommendation of the 7th Pay Commission had been receiving basic pension of Rs.70290/ since 01.01.2016. 4 However, vide impugned order dated 10.12.2018, the respondents have illegally and arbitrarily downgraded his pension without assigning any reasons by way of any communication or show cause notice although he has submitted his representations through letters dated 12.11.2018 and 8.12.2018 as well as email dated 8.12.2018 to the respondents. 4.2 According to the app