Excelsior Correspondent
SRINAGAR, May 4: The Central Administrative Tribunal (CAT) ruled that the condition of 33 years for full pension is not in tune with norms and law and held the condition as put by the authorities is “bad in law”.
The CAT Srinagar bench while quashing the communication of Financial Advisor to Higher Education Department wherein the applicant teachers were denied the benefit of one additional increment to college teachers.
The bench of Ritu Tagore passed the direction while allowing an application moved by one Prof Mushtaq Ahmad Wani, a former Principal of a Government Degree College, who had retired on December 31, 2006, after rendering 28 years and seven months service.
He was appointed as a Lecturer in the Higher Education Department on May 24, 1978 and was promoted to the post of Principal after earning promotions from time to time. The Tribunal directed the authorities to extend the benefit of one additional increment under SRO-222 dated July 10, 2012 to him.
The authorities had effectively admitted the Principal’s entitlement but failed to grant the benefit without valid reasons. On the issue of pension, the Tribunal ruled that the applicant was entitled to 50 percent of his last notional pay as pension.
The bench observed that the requirement of 33 years of qualifying service for a full pension is “bad in law” and directed to grant an additional increment and revise the pension of a retired college principal.
The bench added that his entitlement of 50 percent was irrespective of the earlier requirement of 33 years of qualifying service and noted that such a condition is arbitrary and against the apex court ruling.
“The employees completing 20 years of qualifying service are eligible for a full pension, in line with Government orders issued in the year 2016. Underscoring the principle of parity, the applicant be treated at par with similarly situated pensioners”, read the judgment.
“Consequently, the Government Orders dated 06.04.2016 issued in this regard, clarifying that once an employee renders 20 years of service, pensionable service should be paid at 50% of average emoluments as pension”, the bench said.
The CAT directed the authorities to complete the entire exercise regarding the release of pension in favour of the principal at 50 % of the last notional pay drawn within six weeks from receipt of the certified copy of the order.
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