DR.S.M.BOSE & OTHERS VS. UNION OF INDIA & OTHERS
The bench of Hon’ble Justice S.D.Anand and Shri Kushiram , of Central Admn. Tribunal, Chandigarh bench , have accepted the application of former faculty members of PGI, Chandigarh challenging the orders of Ministry of health of 11.02.2009 and 14.07.2009 by which they had stopped paying NPA to the faculty members who had retired before 2006 following the publication of VI Pay Commission report. This had led to gross discrepancy in the pension amount that is being paid to the faculty members retiring before and after 2006.
On 6.1.2011, the applicants had submitted a detailed representation to Hon’ble Minister of Health and Family Welfare, Nirman Bhawan, New Delhi requesting for removal of the anomaly in as much as it was appealed that the Hon’ble Courts have already held that there cannot be any discrimination between pre and post-2006 pensioners and hence the said decision in view of office order dated 14.7.2009 is totally illegal. Secondly, it was prayed that by an office order, a benefit conferred upon by an order passed by the Hon’ble High Court cannot be taken away by the Department. This would amount to contempt and over-reaching the orders assed by the Hon’ble High Court.
In the case of applicants by virtue of the orders passed by the Hon’ble High Court, they are entitled for inclusion of NPA while calculating pensionary benefits and hence no order contrary to the order passed by the Hon’ble High Court can be passed, but the Ministry of Health did not take any action to rectify their mistake. Mr. D.S.Patwalia , the learned Counsel appearing for Dr.S.M.Bose and 42 other faculty members, including former Directors, Deans and Professors , argued that this discrepancy in the pension amounts amongst the people of the same class was discriminatory, illogical and illegal. The competent authorities had not applied their mind in issuing this order.
The order also requires invalidation on the basis of the views obtained by Punjab and Haryana High Court in their decisions in similar cases in 2003 and Delhi High Court in 2002. The government orders have been stayed and interim relief have been granted to the applicants, The case has been listed for next hearing on 05.01.2012.