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

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 retirementThe DTNBWE formerly known as the Central Board for Workers Education CBWE is an autonomous body under the ministry of labour and employmentThe 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 2010The recent order will be a blessing for many senior retired officials from this boardThe applicantsMallikarjun 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 109100 Rs 101000 and Rs 112000 per month respectivelyAlso Read Mumbai Andheris housing society officebearers face action for charging extraAccording 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 instructionsThe casePanchal said ldquoThe 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 reliefrdquoOther sidePanchal added ldquoIn 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 benchs orderDeprived of rightful duesPanchal added that the CAT even cited other similar cases heard by tribunals and high courts in other states and stated ldquoTime 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 causerdquoldquoThe applicants are facing acute financial hardship due to nonreceipt of retiral benefits as per lawrdquo the tribunal stated in its orderldquoThis board has been constantly compelling retired employees to move the tribunal for their rightful duesrdquo Panchal concludedHarvinder Kaur Oberoi Member J CAT Mumbai in her ninepage order stated ldquoAs 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 monthsApplicant speaksMore said ldquoI 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 incomerdquoStating 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 arrears2020Year the three officials had retired