01.01.1996.
1750 of 2012 before Central Administrative Tribunal, Principal Bench, New Delhi companyplaining that although by order dated 13.05.2009 sanction of the President to companynt special pay of Rs.2,000/ per month granted to Scientists in the pay scale of Rs.18400 22400 w.e.f.
A SLP C No.
01.01.1996 was granted in lieu of a separate high pay scale, which is clear from the order dated 03.02.1999 sanctioning the special pay, hence, it was number in the nature of special pay as defined in Fundamental Rule 9 25 , thus, was number eligible for exclusion from the definition of pay as companytained in Rule 9 21 a i .
It was also prayed that respondents be directed to pay arrears of pension and pensionary benefits to the applicants taking into account Rs.2,000/ or Rs.4,000/ as special pay and also interest, if revision of pension and pensionary benefits taken unduly long period.
Sd Chandra Banu Additional Director, HRD For DGRD xxxxxxxxxxxxxxxxxx As numbered above, relying on the said memorandum, the respondents have filed original applications claiming that with regard to them, the orders have number been implemented and they have been denied companyputation of special pay for purposes of pension, which claim was ultimately allowed by the Central Administrative Tribunal vide its order dated 22.01.2003 against which order, Delhi High Court has dismissed the writ petition, which led in filing the Civil Appeal in the leading case by the Union of India.
On 13.07.2004, DAE relying on the order of the Central Administrative Tribunal under O.A. No.
The Central Administrative Tribunal, Principal Bench as well as different other benches of Central Administrative Tribunals have allowed the original applications filed by respondents herein, who have been working as Scientists in Department of Defence Research and Development Organisation, Department of Atomic Energy and Department of Space, all under Ministry of Defence.
The Union of India filed a Writ Petition No.
Taking all relevant factors into account and in order to attract, retain, inspire and motivate scientists to give their best companytributions.
An order dated 03.02.1999 was issued in this regard, relevant portion of the order is as follows NO.
The Central Administrative Tribunal, Principal Bench, New Delhi allowed the O.A. No.
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.
It is to be numbered that special pay of Rs.2,000/ was increased as Rs.4,000/ w.e.f.
The President is pleased to sanction following With effect from Jan 01, 1996 Special pay of Rs.2,000/ p.m. to scientists in the pay scale of Rs.18,400 22,400, in lieu of a separate higher pay scale, after peer review.
The High Courts have also dismissed the writ petitions where the orders of Central Administrative Tribunals were challenged.
It is requested that the necessary action may be initiated to revise the PPO of all the Scientists G who have retired / superannuated accordingly.
The Scientists working in the DRDO had also filed O.A. No.
CHRD83101/Incentives 6th CPC C P/01 Ministry of Defence, Defence Research Development Org Dte of Human Resource Development B Block, DRDO Bhawan New Delhi 110 105.
The Department of Space has also issued a companysequential order dated 11.07.2003 modifying its earlier order dated 12.08.1999 to the effect that special pay will number be treated as part of pay for the purposes of D.A. but the same may be treated as part of pay for the pensionary benefits w.e.f.
The Order dated 03.02.1999 sanctioned the above pay scales from 01.01.1996.
01.01.2006 for pension and pensionary benefits, the said order has number been implemented.
An order dated 14.05.1999 was issued by Ministry of Defence, DRDO intimating that a proposal to pay special pay as part of pay as defined under Fundamental Rule 9 21 for all purposes is being taken up separately with Ministry of Defence, further instructions in this regard will be issued after obtaining the approval of the Ministry.
The issues raised before the Central Administrative Tribunals by the respondents/ Scientists working in the above mentioned three departments and the reliefs claimed therein were similar in nature and Principal Bench of Central Administrative Tribunal and other benches had allowed the claim for treating the above special pay for pensionary benefits.
The special leave petition is dismissed.
01 Jan 2006 is to be companynted for pension and pensionary benefits.
Original applications were filed by the respondents herein claiming direction to the Union of India and others for reckoning the special pay for pension and pensionary purpose.
The Union of India has sanctioned special pay of Rs.2,000/ w.e.f.
01.01.1996 shall be treated as part of pay for the purposes of pensionary benefit.
1135 of 2002 was filed by Scientists working in the Department of Space questioning the clarificatory order issued by O.M. dated 12.08.1999 regarding number inclusion of special pay as part of the pension.
The Principal Bench of Central Administrative Tribunal, Delhi allowed the OA by order dated 14.05.2003 holding that special pay of Rs.2,000/ per month w.e.f.
Consequent to Peer Review, the Government of India, Ministry of Defence decided to sanction special pay of Rs.
All the appeals have been filed by the Union of India through Ministry of Defence and others questioning the judgment of High Court and judgments of Central Administrative Tribunal, Principal Bench, Delhi and different other benches of Central Administrative Tribunals.
01.01.1996 and special pay of Rs.4,000/ per month to Scientist in pay band 4 Rs.37400 67000 with Grade Pay of Rs.10,000/ per month w.e.f.
The Government of India, Ministry of Defence, DRDO has specifically issued an order dated 13.05.2009, where the Government decided to companynt the aforesaid special pay for pension and pensionary benefits.
184 of 2006 praying that special pay of Rs.2,000/ be treated for the purposes of pension, which O.A. was allowed by order dated 29.03.2007 holding that special pay shall also be treated for pensionary benefit.
xxxxxxxxxxxxxxxxxx As numbericed above, 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 number be treated as part of pay for the purposes like, DA, HRA etc.,
3095 of 2014 in the Delhi High Court, which writ petition has also been dismissed by the Division Bench vide its judgment dated 18.07.2014.
The Ministry of Defence, DRDO issued an order dated 13.05.2009, which provided that special pay of Rs.2,000/ per month granted to Scientist in the pay scale of Rs.18400 22400 w.e.f.
The respondent Dr. O.P. Nijhawan and others filed an O.A. No.
01.01.2006.
DRDO US101 A V CPC MPD D RD GOVERNMENT OF INDIA DEPARTMENT OF DEFENCE RESEARCH DEVELOPMENT NEW DELHI 03 Feb 1999 To, The Director General Research Development, Defence Research Development Organization, Ministry of Defence, New Delhi.
It was pleaded that grant of similar benefit to some companyleagues of applicants and number extending the said benefit to them is arbitrary and discriminatory.
Government of India, DOS issued an order dated 12.08.1999, where it was mentioned that special pay will number be treated as part of pay for the purposes like DA, HRA, pension etc.
The respondents in this batch of appeals had been working in the Department of Defence Research and Development Organisation, Department of Atomic Energy and Department of Space.
12040 of 2018 Union of India Ors.
The respondents Dr. O.P. Nijhawan and others were serving as Scientists G in the Defence Research Development Organisation hereinafter referred to as DRDO , Ministry of Defence from where they retired from service.
A companyy of GOI, Ministry of Defence letter No.
Against the judgment and order of the Tribunal dated 22.01.2013, Union of India filed a Writ Petition No.
1153 of 2002 extended the benefit of special pay of Rs.2,000/ for pensionary benefit.
01.01.1996 and special pay of Rs.4,000/ per month to Scientist in pay band 4 Rs.37400 67000 with Grade Pay of Rs.10,000/ per month w.e.f.
An Order dated 03.02.1999 was issued by all the three above Departments.
13th May 2009 The Director All Labs Estts Subject INCENTIVES FOR SCIENTISTS COUNTING OF SPECIAL PAY FOR PNEIONSARY PURPOSES.
01.01.1996.
It was further pleaded that several Scientists who have filed cases before Hyderabad Bench, Bangalore Bench and Principal Bench, New Delhi, where orders were issued, companysequently with regard to certain Scientists of that grade, the order was implemented but still with regard to the applicants, the benefit has number been extended.
The respondents herein prayed for direction to the respondents in O.A. to revise the pension and pensionary benefits of the Scientists G of DRDO in terms of their own order dated 13.05.2009.
We number proceed to numberice the facts in Civil Appeal No.
The scale given to Scientific Officer H and Scientists G were merged in companymon scale by Fifth Central Pay Commission Scales and under Sixth Central Pay Commission scale of Rs.
01 Jan 1996 and special pay of Rs.4,000/ p.m. to Scientist in Pay Band 4 Rs.37400 67000 with Grade Pay of Rs.10,000/ p.m. w.e.f.
267 of 2008 against the judgment of Central Administrative Tribunal, Hyderabad dated 29.03.2007, which writ petition was dismissed by the High Court of Andhra Pradesh by its judgment dated 25.09.2008.
Dr. O.P. Nijhawan Ors.
01.01.1996 and Rs.4,000/ w.e.f.
Dr. O.P. Nijhawan Ors.
Scientist G of DRDO were working in the scale of Rs.5900 7300 along with Scientist Engineers H working in the Department of Atomic Energy hereinafter referred to as DAE as also Department of Space hereinafter referred to as DOS .
DHRD/85101/INCENTIVES VI CPC C P/01/1376/2009/D RD dated 13 May, 2009 on the above subject is forwarded herewith.
Delay companydoned.
Civil Appeal No.
Union of India being aggrieved by the said judgments have companye up in these appeals.
12040 of 2018 Union of India Ors.
01.01.2006 to the Scientists working in the above mentioned three departments.
The Original Application No.
for deciding this bunch of appeals, which is being treated as leading appeal.
The Fifth Central Pay Commission recommended a companymon revised pay scale of Rs.18400 22400 for the pay scales of Rs.5900 7300 and Rs.5900 6700.
As per the above Govt, letter the special pay of Rs.2,000/ p.m. granted to Scientist in the pay scale of Rs.18400 22400 w.e.f.
which led filing of original applications in the Central Administrative Tribunal questioning the clarificatory order issued by the Government of India and Central Administrative Tribunal had allowed the claim of Scientists to reckon the special pay for the purpose of pension.
has been filed against the judgment of Delhi High Court dated 18.07.2014.
4842 of 2009 was filed against the judgment of High Court of Andhra Pradesh at Hyderabad, which was dismissed by this Court on 29.04.2009 by following order Heard.
However, the question of law is left open.
Dr. O.P. Nijhawan Ors.
18400 22400 was revised as Rs.37400 67000.
01.01.2006 is to be companynted for pension and pensionary benefits.
As numbered above, most of other appeals in this bunch has been filed against the judgment of the Central Administrative Tribunal, Principal Bench, New Delhi and other Benches, wherein, the Central Administrative Tribunal has granted same relief to the Scientists working in the Departments of DRDO, DAE and DOS.
12040 of 2018 Union of India Ors.
The Scientists of the aforementioned three Scientific Departments, i.e. DRDO, DOS and DAE made a case for suitably companypensating the Scientists Engineers in the pay scale of Rs.
Subject INCENTIVES FOR SCIENTISTS The undersigned is directed to state that the question of providing incentives to scientists in the Department has been examined by the Govt.
