Delhi High Court
Late Assistant Commissioner M K … vs Principal Chief Controller Account … on 25 March, 2026
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Manmeet Pritam Singh Arora
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on: 12.03.2026
Judgment delivered on: 25.03.2026
Judgment uploaded on: As per Digital Signature~
+ W.P.(C) 6749/2025 & CM APPL. 74865/2025, CM APPL.
14873/2026
LATE ASSISTANT COMMANDANT M.K. BHATNAGAR
(EMERGENCY COMMISSIONED OFFICER) THROUGH
HIS WIDOW NEELIMA BHATNAGAR .....Petitioner
versus
PRINCIPAL CHIEF CONTROLLER ACCOUNT
MINISTRY OF HOME AFFAIRS & ORS. .....Respondents
Advocates who appeared in this case
For the Petitioner : Mr. Abhas Kumar, Mr. Umesh Kumar
Singh, Advs.
For the Respondents : Mr. Jagdish Chandra CGSC, Ms. Maanya
Saxena, Mr Sujeet Chaudhary, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
V. KAMESWAR RAO, J.
1. This petition has been filed by the petitioner with the following
prayers:-
“A. Issue a writ in nature of mandamus or issuance of any
other appropriate writ, order or direction, directing
Respondents to fix and revise extraordinary family pension ofSignature Not Verified
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the petitioners with effect from 01.01.2016 under 7 th Central
Pay Commission and based on National Pay Fixation on 3
increments to the minimum of corresponding Pay Level 10,
56100-177500 Pay Matrix under 7th CPC.
B. Directing the Respondents to revise the pay of the Petitioner
by notionally fixing his pay in the pay matrix (as per 7 th CPC)
in the level corresponding to his pay in the Pay Scale/Pay Band
and Grade Pay at which he retired/died. Notional Pay fixation
shall be done under each intervening Pay Commission strictly
based on the pay fixation formula approved for the purpose.
C. Directing the Respondents to make correction in pay fixation
of Late Shri M.K. Bhatnagar as Pay Fixation Rules 2008
applicable w.e.f. 01.01.2016D. Any other appropriate writ, order or direction which this
Hon’ble Court may deem fit and proper in the peculiar facts
and circumstances of the present case may also be issued.
E. Cost of the petition make kindly be awarded favour of the
petitioner.”
2. In effect, the case of the petitioner is that the respondents should fix
and revise the Extraordinary Family Pension (EFP) payable to her with
effect from 01.01.2016 under the 7th Central Pay Commission (CPC) by
taking three increments into consideration, to the minimum of corresponding
Pay Level-10 (i.e. Rs.56100-177500 pay matrix under the 7th CPC) and pay
the same.
3. The facts of the case are that the late husband of the petitioner was
appointed as Assistant Commandant in the BSF on 01.06.1969. He expired
while on duty in Srinagar on 01.06.1972. The pay that was last drawn by late
husband of the petitioner was Rs.710+120+40+30, in the pay scale of Rs.
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630-10-950 from 22.06.1966.
4. Pursuant to the death of the husband, the petitioner, namely, Neelima
Bhatnagar was being paid the EFP from time to time. The case of the
petitioner is that the EFP was fixed by the Account Officer, PAD, BSF at
Rs.33,6660/- with effect from 01.01.2016 being 60% of minimum of
corresponding pay scale of Assistant Commandant Rs.56100- 177500/- at
Pay Level-10. It is her case that, she should be paid revised pension by
adding three increments to the minimum of the corresponding Pay Level-10,
i.e. Rs.56100-177500, pay matrix under the 7th CPC i.e and fix the pay at Rs.
63,100/- w.e.f. 01.01.2016. This according to her is because of the fact that
her husband while in service was granted three increments on 01.06.1970,
01.06.1971 and 01.06.1972, respectively.
5. The issue that falls for consideration is in a very narrow compass,
inasmuch, whether the instructions issued by the Government of India,
particularly Table No.32 (as relied by the petitioner) or Table No.31 (as
relied by the respondents) of the OM dated 06.07.2016, which shall govern
the pension of the petitioner. For the sake of clarity, we shall reproduce
Table No.31 :-
Table No.31
Scale of Pay/Pay in the Pay Band & Grade Pay at the time of retirementFrom 01.01.1986 to 31.2.1995 2200-75-2800-100-4000
From 01.01.1996 to 31.12.2005 8000-275-13500
From 01.01.2006 to 31.12.2015 15600-39100 GP 5400
Corresponding Level w.e.f. 01.01.2016 Level-10 (56100-177500)Basic Pay Basic Pay Basic Pay Pay Range for pensioners Notional Revised Pension Revised
From From from retired during 01.01.2006 Pay as on / Enhanced Family
01.01.1986 01.01.1996 to 01.01.2006 to 31.12.2015 01.01.2016 Family pension Pension
to 31.12.2005 to Minimum Maximum (if applicable) w.e.f.
31.12.1995 31.12.2015 w.e.f.01.01.2016 01.01.2016
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2200 8000 21000 - 21820 56100 28050 16830
2275 8000 21000 - 21820 56100 28050 16830
2350 8000 21000 - 21820 56100 28050 16830
2425 8275 21000 - 21820 56100 28050 16830
2500 8275 21000 - 21820 56100 28050 16830
2575 8275 21000 - 21820 56100 28050 16830
2650 8500 21310 - 21820 56100 28050 16830
xxx xxx xxx
6. We shall also reproduce Table No.32 on which reliance has been
placed by the petitioner :-
Table No.32
Scale of Pay/Pay in the Pay Band & Grade Pay at the time of retirementFrom 01.01.1986 to 31.2.1995 2630
From 01.01.1996 to 31.12.2005 9000
From 01.01.2006 to 31.12.2015 15600-39100 GP 5400
Corresponding Level w.e.f. 01.01.2016 Level-10 (56100-177500)Basic Pay Basic Pay Basic Pay Pay Range for pensioners Notional Revised Pension Revised
From From from retired during 01.01.2006 Pay as on / Enhanced Family
01.01.1986 01.01.1996 to 01.01.2006 to 31.12.2015 01.01.2016 Family pension Pension
to 31.12.2005 to Minimum Maximum (if applicable) w.e.f.
31.12.1995 31.12.2015 w.e.f.01.01.2016 01.01.2016
- 21820 56100 28050 16830
2630 9000 22140 21830 22490 57800 28900 17340
2350 8000 21000 22500 23150 59500 29750 17850
2425 8275 21000 23160 23850 61300 30650 18390
2500 8275 21000 23860 24550 63100 31550 18930
2575 8275 21000 24560 25290 65000 32500 19500
xxx xxx xxx
7. During the course of hearing, our attention has been drawn by the
learned counsel for the petitioner to „Nabhi‟s Compilation of Central Civil
Services Extraordinary Pension Rules along with Government of India
Decisions as per 7th Pay Commission Acceptance Orders‟, the relevant part
is reproduced as under:-
“(2) Special Benefits in cases of Death and Disability in
Service – Revision of Disability Pension/Family Pension underSignature Not Verified
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CCS (EOP) Rules of Pre-2016 Disability Pensioners/ Family
Pensioners in Implementation of Recommendations of 7th
Central Pay CommissionThe undersigned is directed to say that orders were
issued vide D/o. P&PW’s OM No. 38/37/2016-P&P&W(A)(ii),
dated 04.08.2016 (For text of these orders, refer Nabhi’s
COMPILATION OF 7TH PAY COMMISSION ACCEPTANCE
ORDERS FOR PENSIONERS.) for revision of pension/family
pension of pre-2016 pensioners/ family pensioners, including
those drawing pension/family pension under CCS (EOP) Rules.
In terms of the aforesaid OM, the revised disability
pension/family pension under CCS (EOP) w.e.f. 01.01.2016
was required to be determined by multiplying the disability
pension/ family pension, as had been fixed at the time of
implementation of the 6th Central Pay Commission
recommendations, by 2.57.
2. Subsequently, vide this Department’s OM No.
38/37/2016- P&PW(A), dated 12th May, 2017 it was decided
that the revised pension/family pension w.e.f. 01.01.2016 in
respect of all Central civil pensioners/family pensioners,
including CAPF’s who retired/ died prior to 01.01.2016 and
drawing pension/family pension under CCS (Pension) Rules
may be revised by notionally fixing their pay in the pay matrix
recommended by 7th CPC in the level corresponding to the pay
in the pay scale/pay band and grade pay at which they
retired/died. This will be done by notional pay fixation under
each intervening Pay Commission based on the Formula for
revision of pay. While fixing pay on notional basis, the pay
fixation formulae approved by the Government and other
relevant instructions on the subject in force at the relevant time
shall be strictly followed.”
(Emphasis supplied)
8. On the other hand, Mr. Jagdish Chandra, learned CGSC has referred
to the OMs dated 06.07.2017 and 12.10.2017, issued by the Ministry of
Personnel, P.G. and Pensions, Department of Pension & Pensioners’
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Welfare. That apart, he has also relied upon the OM dated 03.10.1997. He
has also referred to a note submitted by him which give details of the
fixation of pension of the petitioner from time to time, in the following
manner:-
“Sh. M K Bhatnagar, Assistant Commandant, (IRLA No. 1197), the
Late husband of Smt Neelima Bhatnagar was appointed in the BSF on
01.06.1969 and his pay was correctly fixed at Basic Pay of Rs. 450/-
in the pay scale of Assistant Commandant (325-25-600-35-670-EB-
35-950), after granting the benefit of five advance increments for his
completed commissioned service of five years from 09.02.1964 to
31.05.1969. As per the last Pay Certificate (LPC) dated 18.07.1972
issued by PAD BSF New Delhi. Shri Bhatnagar drawing a pay of Rs.
875/- per month as of 01.06.1972.
3. On 1st June‟ 1972, Sh. M K Bhatnagar, AC was detailed for
liaison duty with 151 Air Defence (AD) Regiment, at Srinagar
(Kashmir). While returning from the said duty, the Jeep in which he
was travelling, met with an accident and he sustained head injuries
and succumbed to the injuries on the same day.
4. His pay was fixed after giving three notional increment i.e.,
for the year 01.06.1970, 01.06.1971 and 01.06.1972 which comes to:-
Rs.450+25 =475/- as on 01.06.1970
Rs.475+25 =500/- as on 01.06.1971
Rs.500+25 =525/- as on 01.06.1972
Pay Fixation as on 01.01.1973 : as Per New Pay Scale According to 3rd CPC
Old pay scale : 325-25-600-35-EB-670-EB-35-950(950)
Old Pay as on 01.01.1973 : Rs.525/-+ special pay of Rs. 150/-
New scale on 01.01.1973 : 700-40-900-40-1100-50-1300
Pay Fixation as per 3rd CPC
i) Basic Pay : Rs.525/-
ii) Special Pay : Rs.150/-
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iii) DA on both i& ii : Rs. 120/-
iv) IR : Rs.60/-
v) 5% fitment of Basic : Rs.34/-
Pay + special pay
Total : Rs.889/-
Pay re-fixed as per 3rd CPC w.e.f. 01.01.1973 @Rs.900/- (being next
fitment in the scale 700-1300)
Pay Fixation as per 4th CPC – 01.01.1989 : (Pay scale
2200-75-2800-EB-100-4000) Pay fixed on 01.01.1989
(i) Basic Pay : Rs.900/-
(ii) DA : Rs.1342/-
(iii) IR(i&ii) : Rs.160/-
(iv) 20% of BasicPay : Rs.180/-
Total : Rs.2582/-
Pay re-fixed as per 4th w.e.f. 01.01.1986 @ Rs.2650/- (being next
fitment in the scale 2200-4000)
PENSION (EOP) revised as per 4th CPC w.e.f. 01.01.1986 :-
2650×60=Rs.1590/-
100
Pay fixation as per 5th CPC on 01.01.1996 – Rs.8000/- (Minimum
pay)
EOP admissible as on 01.01.1996 i.e 5th CPC in the pay scale of
Rs.8000-275-13,500 :-
In 5th CPC minimum Family pension fixed as per rule Rs 8000
8000×60=Rs.4800/-
100
th
Pay fixation as per 6 CPC on 01.01.2006 – Rs.15600 + 5400 –
(Minimum pay)
Pay structure i.e. pay band & grade pay as per 6th CPC
: 15,600-39, 100+ 5400 Grade Pay (GP)
Revised pay structure : 15,600-39, 100+ 5400 Grade Pay (GP)
EOP w.e.f. 01.01.2006 : (15,600+ 5400) = 21000X60% 12,600/-
100
EOP fixed w.e.f. 01.01.2006 @ Rs. 12,600/-
Pay structure as per 7th CPC i.e. corresponding Pay Level -10 (56,100-
1,77,500)
Pay fixation as per 7th CPC on 01.01.2016 - Rs. 56100/- (Minimum pay)
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EOP of the petitioner revised at minimum pay level 10 i.e. Rs.56,100/- @
60% Revised pay structure : Pay Level -10 (56,100- 1,77,500)
EOP fixed w.e.f. 01.01.2016: (56,100+ 1,77,500) = 56,100X60% =33,600/-
100
As per 7th CPC (EOP fixed w.e.f. 01.01.2016 @ Rs.33,600/-) in
accordance with DoP & PW OM dated 06th July‟ 2017 mentioned at
table no.31 i.e. 60% of minimum pay @ Rs.56,100/- which comes to
Rs.33,600/-”
(Emphasis supplied)
9. The only difference in the contentions of the petitioner and the
respondents is that, according to the petitioner her pension should be fixed at
Rs.61,300/-, whereas, as per the respondents, the computation of EFP is
correct i.e., Rs.56,100/-. We have already noted the submission made by Mr.
Chandra that the notional pay should be arrived at by taking the Table
No.31, into consideration, wherein, the notional pay as on 01.01.2016 is
Rs.56,100/-. Whereas, the case of the petitioner is that the notional pay as on
01.01.2016, in terms of Table No.32, should be Rs.61,300/-, after giving the
benefit of three increments.
10. On this, Mr. Chandra has relied upon the OM dated 03.10.1997,
wherein, under the 5th CPC, revised pay scales have been depicted at Serial
Nos.15 and 16 as under:-
“EXISTING SCALES OF PAY GRADES REVISED SCALE OF
PAY
15. 2200-75-2800-100-4000 S – 15 8000-275-13500
2300-100-2800
16. 2630/- FIXED S -16 9000/- fixed”
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11. At Serial No.16, the pre-revised pay was Rs.2630/- revised to Rs.
9000/-. Whereas, Serial No.15 of pre-revised scale was Rs.2200-4000,
which have been revised to Rs.8000-275-13500 in the 5th CPC. If the Tables
are seen in the above perspective, it becomes clear that, while granting the
pension to the petitioner under 5th CPC, and 6th CPC, the following pay
scales were considered to fix the pension :-
Table No.31
Scale of Pay/Pay in the Pay Band & Grade Pay at the time of retirementFrom 01.01.1996 to 31.12.2005 8000-275-13500
From 01.01.2006 to 31.12.2015 15600-39100 GP 5400
Corresponding Level w.e.f. 01.01.2016 Level-10 (56100-177500)
12. The notional pay being the minimum pay, the minimum pay scale in
7th CPC is Rs.56,100/-, which was considered to fix pension. But, the
position is different under Table No.32; it depicts the pay under the 5th CPC,
and 6th CPC as Rs.9000, and Rs.22140/- respectively.
13. Table No.32 has no applicability in the case in hand, as concedingly,
under the 5th CPC and even under the 6th CPC, the notional pay (minimum
of scale) arrived at is Rs.8000/- & Rs.15,600/-, respectively, which became
the basis for fixation of the petitioner’s pension. Hence, the notional pay
(minimum) under the 7th CPC is Rs.56,100 /- (as per Table-31). The notional
pay, in the case of the petitioner while granting EFP under 5th and 6th CPC
was never Rs.9000 and Rs.22140/-, and therefore, Table No. 32 is
inapplicable. The case of the respondents is that the notional pay as on
01.01.2016 being the minimum of pay scale Rs.56100-177500, the pension
was fixed at Rs.33,600 /-, in the following manner:-
56,100×60 = 33,600/-
100
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14. We find no illegality in the computation and payment of EFP to the
petitioner w.e.f. 01.01.2016.
15. But we must state that, though the petitioner in this petition has
sought refixation of EFP w.e.f. 01.01.2016, in the manner we have stated
above, but while arguing the case, the counsel for the petitioner has
contested the fixation of EFP w.e.f. 01.01.1996 and 01.01.2006 by
contending that, though it was fixed by considering the minimum pay of Rs.
8000 (w.e.f. 01.01.1996) but the same should have been Rs. 8550; and
similarly minimum pay w.e.f. 01.01.2006 should have been Rs. 21310/-.
This according to him is because, if the pay as fixed on 01.01.1986 is Rs.
2650/-, then necessarily the pay as on 01.01.1996 and 01.01.2006 shall be
Rs. 8550/- and Rs. 21310/-, respectively, as per Table 31. This submission is
appealing.
16. Admittedly when the minimum pay as per the respondents was fixed
at Rs. 2650/- as per the Table 31, the pay w.e.f. 01.01.1996 equivalent to Rs.
2650/- is Rs. 8550/- and Rs. 21310/- w.e.f. 01.01.2006, respectively.
The determination of EFP by considering Rs. 8550/- and Rs. 21310/- shall
have the effect of granting the benefit of three increments while
determining EFP. We may state here that the pay w.e.f. 01.01.2016
shall remain the same, as has been considered by the respondents while
fixing the EFP i.e., Rs. 56100/-. So in that sense, there should not be any
change/difference in EFP w.e.f. 01.01.2016. It follows, the petitioner shall
be entitled to the revised EFP w.e.f. 01.01.1996 and 01.01.2006 based on
calculations by treating the pay as Rs.8550/- (w.e.f. 01.01.1996) and
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Rs.21310/- (w.e.f.01.01.2006).
17. In this regard, we may refer to the judgment of the Supreme Court in
the case of Union of India through its Secretary & Ors. v. SGT Girish
Kumar and Ors. Etc., 2026 INSC 149 wherein the Supreme Court in
paragraphs 19 & 20 has held as under:-
“19. The order dated 18.04.2016 was a conscious
policy determination taken with full financial
concurrence. Thus, where the State itself, by a
conscious policy decision, has determined that arrears
of disability pension are payable from a specified cut
off date, it is not open to it to subsequently resile and
contend that such arrears ought to be confined to a
period of three years preceding the claim. To permit
such a course, would amount to acknowledging the
right in principle while denying its substantive content
in effect. Any such deprivation of accrued arrears
which has become due to ex-servicemen in view of
judicial determination as well as policy decision taken
by the Union of India itself, would constitute
deprivation of property and would amount to infraction
of Article 300A of the Constitution of India.
20. This Court has, in a consistent line of decisions,
K.J.S. Bhuttar v. Union of India & Anr., (supra);
Davinder Singh v. Union of India & Ors. (supra);
Madan Prasad Sinha v. Union of India & Ors.,
(supra); Piyush Bahuguna (Order dated 25.03.2022
passed in Diary No.10713/2021) and Bijender Singh v.
Union of India (supra), recognised that right to receive
disability pension is a valuable right and once found
due, the benefit of the same has to be given from the
date it became due. The same cannot be curtailed by
restricting the benefit to a period of three years
preceding the filing of the original application. In the
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absence of any compelling reason to take a different
view, we find no justification to depart from the view
consistently taken by this Court.”
(emphasis supplied)
18. Though a reference has been made by the learned counsel for the
petitioner on the judgment of a Coordinate Bench of this Court in the case of
Ram Phal v. Union Of India & Ors., 2016:DHC:5502-DB, we find the
issue that falls for consideration in this petition is not the same as decided by
the Coordinate Bench.
19. The arrears of difference of EFP w.e.f. 01.01.1996 and 01.01.2006
shall be paid to the petitioner with interest @ 6% per annum from the
respective years within twelve weeks from the date of receipt of copy of this
order. The petition is disposed of.
20. The pending applications are disposed of as infructuous.
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
MARCH 25, 2026
rk
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