GOVERDHAN BARDHAR, J. - (1.) This appeal is directed against the judgement of the learned Single Judge dated 1.12.2017, by which the writ petition filed by the respondent was allowed with direction to the appellant to calculate the pension of the respondent strictly in terms of para 12 of the notification as amended on 15.06.2007 and release the amount of pension accordingly together with interest @ 9% per annum within a period of three months.
(2.) Shri R.B. Mathur, learned counsel appearing for the appellant submitted that as per para 12 of the Employees Pension Scheme, 1995, the pension of the respondent was correctly calculated by the petitioners. Para 12 of the Scheme aforesaid for ready reference reads thus: "12 Monthly Member's Pension (1) A member shall be entitled to:- (a) superannuation pension if he had rendered eligible service of 10 years or more and retires on attaining the age of 58 years; (b) early pension, if he has rendered eligible service of 10 years or more and retires or otherwise ceases to be in the employment before attaining the age of 58 years. (2) In the case of a new entrant, the amount of monthly superannuation pension or early pension, as the case may be, shall be computed in accordance with the following factors, namely:- Monthly member's pension =Pensionable salary X Pensionable service (3) In the case of an existing member in respect of whom the date of commencement of pension is after the 16th November, 2005, (i) superannuation or early pension shall be equal to the aggregate of:- (a) pension as determined under sub- paragraph (2) for the period of pensionable service rendered from the 16th November, 1995 or Rs.635/- per month whichever is more (b) past service pension shall be as given below:- The past service pension payable on completion of 58 years of age on the 16th November, 1995 The past service pension payable on completion of 58 years of age on the 16th November, 1995 S. No. Years of past Salary upto Salary service Rs. 2500/- more than per month Rs. 2500/- per month 1 2 3 but upto 15 years (iii) More than 15 years 120 135 but less than 20 yeas (iv) Beyond 20 years 150 170 The amount under column (2) or column (3) above, as the case may be, shall be multiplied by the factor given in Table 'B' corresponding to the period between the 16th November, 1995 and the date of exit to arrive at past service pension payable. (ii) The aggregate of (a) and (b) calculated as above shall be subject to a minimum of Rs.800/- per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years, the pension as computed above shall be reduced proportionately subject to a minimum of Rs.450/- per month. (4) In the case of an existing member and in respect of whom the date of commencement of pension is between the 16th November, 2000 and the 16th November, 2005, (i) superannuation or early pension shall be equal to the aggregate of:- (a) pension as determined under sub- paragraph (2) for the period of service rendered from the 16th November, 1995 or Rs.438/- per month whichever is more; (b) past service pension as provided in sub- paragraph (3) (ii) The aggregate of (a) and (b) calculated as above shall be subject to a minimum of Rs.600/- per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years the pension shall be proportionately less subject to the minimum of Rs.325/- per month. (5) In the case of an existing member and in respect of whom the date of commencement of pension is before the 16th November, 2000, (i) The superannuation or early pension shall be equal to the aggregate of:- (a) pension as determined under sub-paragraph (2) for the period of service rendered from the 16th November, 1995 or Rs.335/- per month whichever is more. (b) past service pension as provided in sub- paragraph (3). (ii) The aggregate of (a) and (b) calculated as above shall be subject the minimum of Rs.500/- per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years the pension shall be proportionately lesser but subject to the minimum of Rs.265/- per month. (6) Except as otherwise expressly provided hereinafter, the monthly member's pension under sub-paragraphs (2) to (5) mentioned hereinabove, as the case may be, shall be payable from a date immediately following the date of completion of 58 years of age notwithstanding that the member has retired or ceased to be in the employment before that date. (7) A member, if he so desires, may be allowed to draw an early pension from a date earlier than 58 years of age but not earlier than 50 years of age. In such cases, the amount of pension shall be reduced at the rate of three per cent, for every year the age falls short of 58 years."
(3.) It is not in dispute that the respondent retired on 31.07.2002. Sub-para (2) of para 12 of the said scheme provided that in the case of a new entrant, the amount of monthly superannuation pension or early pension, as the case may be, shall be computed in accordance with the following factors, namely:- Monthly member's pension = Pensionable salary X Pensionary service Applying the aforesaid formula, the pension of the respondent was computed in the following manner: "Past service upto 19.11.95 24 years Age as on 19.11.95 51 years Salary on 15.11.95 above Rs.2500/- Pension calculated under para 12 sub para 3(B) 170x1.850 =Rs. 316/- Pensionable Service benefit calculated as per para 12 sub para 2 upto 31.7.2002 Formula Pensionable salary x Pensionary services Total Pensionable services = 7 years. 6500x7 Rs. 650/-" ;