UNION OF INDIA & ORS. versus DR. O. P. NIJHAWAN & ORS.

Citation: [2019] 1 S.C.R. 281 · Decided: 03-01-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed

Judgment (excerpt)

A
B
C
D
E
F
G
H
281
281
[2019] 1 S.C.R. 281
UNION OF INDIA & ORS.
v.
DR. O. P. NIJHAWAN & ORS.
(Civil Appeal No. 12040 of 2018)
JANUARY 03, 2019
[ASHOK BHUSHAN AND L. NAGESWARA RAO, JJ.]
Service Law – Pension – Computation of – Special pay of Rs.
2,000/- and Rs. 4000/- given to scientists working in the Department
of Defence Research and Development Organisation (DRDO),
Department of Atomic Energy (DAE) and Department of Space
(DOS) under Ministry of Defence – Inclusion of the special pay for
computation of pension – Permissibility of – Held: Special pay of
Rs.2,000/- or Rs.4,000/- sanctioned to the Scientists in Departments
of DRDO, DAE and DOS w.e.f. 01.01.1996/01.01.2006 respectively
has to be included in the definition of pay as contained in r.
9(21)(a)(i) for the purposes of computation of pensionary benefit
under 1972 Rules – Grant of special pay of Rs.2,000/- was in lieu
of a separate higher pay scale, which does not fit in the nature of
special pay as contemplated by r. 9(25) – Addition of benefit of
Rs.2,000/- w.e.f. 01.01.1996 styled as special pay has to be included
in the definition of pay given u/r. 9(21)(a)(i) looking to the true
nature and character of the benefit, which was extended to Scientists
on the basis of peer review – Tribunals or High Courts rightly held
that the amount of special pay of Rs.2,000/- w.e.f. 01.01.1996 and
Rs.4,000/- w.e.f. 01.01.2006 to be treated as part of pay for the
basis of computation of pension – SLPs on the same issue having
been dismissed in limine, the appellants are not precluded from
raising the issues on question of law, which was earlier left open by
this Court – Furthermore, the appellant has implemented the earlier
orders passed by the Tribunals and the High Courts and issued
order for including special pay in the pay for the purpose of
computation of pension, the appellant is not precluded to raise the
issues again, the principle of res judicata/estoppel not attracted –
Fundamental Rules – rr. 9(21)(a)(i) and 9(25) – Central Civil
Services Pension Rules, 1972 – r. 33.
A
B
C
D
E
F
G
H
282
SUPREME COURT REPORTS
[2019] 1 S.C.R.
Dismissing the appeals, the Court
HELD: 1.1 Under Fourth Central Pay Commission,
Scientists ‘G’ were receiving pay scale of Rs.5900-6700 and
Scientists ‘H’ were getting pay scale of Rs. 5900-7300. On
implementation of Fifth Central Pay Commission, both the above
pay scales were merged into a single pay scale of Rs.18400-22400
and were designated as Scientific Officer ‘H’. On peer review,
recommendation was made to sanction of special pay of Rs.2,000/
- w.e.f. 01.01.1996. An order dated 03.02.1999 was issued in this
regard. There were certain clarifications issued by different office
memorandum for example, office memorandum dated 12.08.1999
issued by Government of India, Department of Space that special
pay will not be treated as part of pay for the purposes like, DA,
HRA etc., which led filing of original applications in the Tribunal
questioning the clarificatory order issued by the Government of
India and Tribunal had allowed the claim of Scientists to reckon
the special pay for the purpose of pension. The Government of
India, Ministry of Defence, DRDO has specifically issued an order
dated 13.05.2009, where the Government decided to count the
said special pay for pension and pensionary benefits. [Paras 19,
20][293-C-D; 294-C-D]
1.2 The original applications filed by Scientists similarly
situated was allowed by Central Administrative Tribunal against
which few of the writ petitions were also dismissed by the High
Court and against the judgment of the High Court or the Central
Administrative Tribunals, matter was carried by Union of India
in this Court where SLPs were dismissed. However, the question
of law was left open.” There were few other SLPs filed by the
Union of India, which were dismissed in limine. SLPs having been
dismissed in limine, the appellants are not precluded from raising
the issues, which have been sought to be raised in these appeals
in this Court. This was also the consequences of the question of
law being left open by this Court. Thus, this Court is not persuaded
to accept the submission that Union of India is precluded from
raising the issues on question of law, which was earlier left open
by this Court. Thus, the question of law as raised by the appellants
are to be decided. [Para 22][295-F-H; 296-A-B]
1.3 The order dated 13.05.2009 of Government of India,
A
B
C
D
E
F
G
H
283
had directed for counting of special pa

Excerpt shown. Read the full judgment & AI analysis in Lexace.