Mumbai: CAT ruling brings hope of full pensions to three officials

Petitioners alleged salaries considered for calculating their dues were lower than what they were drawing

In a major setback for the Central government, the Central Administrative Tribunal (CAT), Mumbai, has passed an order in favour of three retired officials of Dattopant Thengadi National Board for Workers Education and Development (DTNBWED) whose pensions were calculated based on amounts less than what they were actually drawing at the time of retirement.

The DTNBWE, formerly known as the Central Board for Workers Education (CBWE), is an autonomous body under the ministry of labour and employment.

The applicants' advocate Rajeshwar Panchal claimed that the board deliberately considered lower salaries for the calculation of pensions of the retired officials, a modus operandi in practice since 2010. 

The recent order will be a blessing for many senior retired officials from this board.

The applicants

Mallikarjun Mathapati, 62, a resident of Belgaum, retired on March 31, 2020, as regional director of the Mangalore centre; Shivalingappa Sandimani, 62, a resident of Vijayapura, Karnataka, retired on May 31, 2020, as education officer of the regional office in Bangalore; and Siddharth More, 62, a resident of Kalyan West, retired on May 31, 2020, as regional director, CBWE, Nashik Region. They were drawing a basic salary of Rs 1,09,100, Rs 1,01,000 and Rs 1,12,000 per month respectively.

Also Read: Mumbai: Andheri's housing society office-bearers face action for charging extra

According to them, they were entitled to pensions fixed on the basis of lay pay or the average of the past ten months' wages, whichever is more advantageous to them, as per the Pension Rules, 1972, and government instructions.

The case

Panchal said, “The three applicants approached me with grievances that their pension and other benefits were much below what they were entitled to according to the government rules. I then filed three cases before the CAT bench in Mumbai. The bench has recently allowed their cases, noting that similarly placed employees of the board have been already held entitled to similar relief.”

Other side

Panchal added, “In fact, the government and board had opposed the case during the argument before the CAT, citing an interim order of the Madhya Pradesh High Court staying an order of the Jabalpur bench of the tribunal, which in fact had followed a judgment in the case of S S Dangi vs Union of India that was handled by me before the Mumbai bench seven to eight years ago. Thankfully, the High Court of Madhya Pradesh on July 26, 2022, vacated the stay and dismissed the appeal of the government against the Jabalpur bench's order.

Deprived of rightful dues

Panchal added that the CAT even cited other similar cases heard by tribunals and high courts in other states, and stated, “Time and again, the tribunal has come to the rescue of the petitioners like the applicants. It is alleged, that as on date, all officers, serving in respondent board are enjoying the benefits of the revised pay scale and only the retired employees are being deprived thereof without any justifiable cause.”

“The applicants are facing acute financial hardship due to non-receipt of retiral benefits as per law,” the tribunal stated in its order.

“This board has been constantly compelling retired employees to move the tribunal for their rightful dues,” Panchal concluded.
Harvinder Kaur Oberoi, Member (J), CAT, Mumbai, in her nine-page order, stated, “As the said petition has now been decided finally, it would only be appropriate to direct respondents to release the pensionary benefits to the applicants within three months."

Applicant speaks

More said, “I am happy with the order. This order means a lot emotionally, as I am also responsible for the finances of the families of my two younger brothers, who are no more. Other than this pension, I have no other source of income.”

Stating that the CAT order has given the applicants a ray of hope, Sandimani said, "I am looking forward to the implementation of the same by the government as per the seventh pay commission. And as per the order, we are entitled to the arrears."

2020
Year the three officials had retired

"Exciting news! Mid-day is now on WhatsApp Channels Subscribe today by clicking the link and stay updated with the latest news!" Click here!