Revision of pension of pre-2006 pensioners - delinking of revised pension from qualifying service of 33 years

-
Revision of pension of pre-2006 pensioners - delinking of revised pension from qualifying service of 33 years
No. 38/37/08-P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners' Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-ll0 003.
Dated the 06th April, 2016
OFFICE MEMORANDUM

Sub:- Revision of pension of pre-2006 pensioners - delinking of revised pension from qualifying service of 33 years.

The undersigned is directed to say that as per Para 4.2 of this Department's OM of even number dated 1.9.2008 relating to revision of pension of pre-2006 pensioners w.e.f 1.1.2006, the revised pension w.e.f. 1.1.2006, in no case, shall be lower than 50% of the sum of the minimum of pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. A clarification was issued vide DoP&PW OM of even number dated 3.10.2008 that the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale.

2. Several petitions were filed in the Central Administrative Tribunal, Principal Bench, New Delhi inter alia claiming that the revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No. 1I112008-IC dated 30th August, 2008. Hon'ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.65512010 and three other connected OAs directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006 based on the Resolution dated 29.8.2008 of the Department of Pension & Pensioners' Welfare and in the light of the observations of Hon'ble CAT in that order.

3. Orders were issued vide this Department's OM of even number dated 28.1.2013 for stepping up of pension of pre-2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner retired. Para 5 of this OM provides that in case the consolidated pension/family pension calculated as per para 4.1 of O.M. No.38/37/08- P&PW (A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

4. Subsequently, in compliance of the order dated 1.11.2011 of the Hon'ble CAT, Principal Bench in OA No. 655/2010, order dated 29.4.2013 of Hon'ble High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon'ble Supreme Court in SLP (C) No. 36148/2013, order were issued vide this Department's OM of even number dated 30.7.2015 that the pension/family pension of all pre - 2006 pensioners/family pensioners may be revised in accordance with this Department's O.M. No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012.

5. In accordance with the order issued in implementation of the recommendation of the 6th CPC, the pension of Government servants retired/retiring on or after 1.1.2006 has been delinked from qualifying service of 33 years. In OA No. 715/2012 filed by Shri. M.O. Inasu, a pre-2006 pensioner, Hon'ble CAT, Ernakulam Bench, vide its order dated 16.8.2013 directed that the revised pension w.e.f. 1.1.2006 under para 4.2 of OM dated 1.9.2008 would not be reduced based on the qualifying service of less than 33 years. The appeals filed by Department of Revenue in the Hon'ble High Court of Kerala and in the Hon'ble Supreme Court have also been dismissed. Similar orders have been passed by Hon'ble CAT/High Court in several other cases also.

6. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It has now- been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre- revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Department's OM of even number dated 28.1.2013 would stand deleted. The arrears of revised pension would be payable with effect from 1.1.2006.

7. 'Ministry of Agriculture, etc. are requested to bring the contents of'these orders to the notice of Controller of Accounts Pay and Accounts Officers and Attached and Subordinate Offices under them for revising the pension of all those pre - 2006 pensioners who had rendered less than 33 years of qualifying service at the time of retirement in the manner as indicated above on top priority. Revised Pension Payment Orders in all these cases may also be issued immediately.

8. All pension disbursing offices/banks are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

9. This issues with the approval of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 2(9)/EV/2015, dated 15.3.2016.

10. Hindi version will follow.
Sd/-
(Seema Gupta)
Deputy Secretary to the Government of India

Comments

Post a Comment

Popular posts from this blog

7th Central Pay Commission will submit Report on 19.11.2015 at 19:30 hours: Official News

-
Image
In Media, the news spread about the Final Seventh Pay Commission Report Submission on 19th November, 2015 or 20th November, 2015. The Seventh Pay Commission has confirmed that the Final Report of the Seventh Pay Commission will be submitted on 19th November, 2015 at 19:30 hours. The Seventh Pay Commission has make latest updates as under: The Commission has completed its deliberations and will submit the report to the Government of India on 19.11.2015 at 19:30 hours  Earlier, Government of India has appointed the Seventh Central Pay Commission comprising Justice Shri Ashok Kumar Mathur as Chairman, Shri Vivek Rae as full time Member, Dr. Ratin Roy as part time Member and Smt. Meena Agarwal as Secretary, in a resolution dated 28th February, 2014.  The Commission is headquartered in Delhi and has been given 18 months from date of its constitution to make its recommendations. To this end the Commission will set up its team of Officers, Advisers, Institutiona...
Read More »

Seventh Pay Commission May Not Lower Retirement Age

-
New Delhi: The Seventh Pay Commission is not likely to take a major decision of the lowering of the retirement age for central government employees to 58 years old, two years earlier than what the present law requires. Since studies show that Indian people reaching the age of 50 years old tend to suffer from a decline of cognitive and physical abilities. That older employees also find it harder to adapt to modern technology, which is must required to develop the nation. The youth people in country have increased and so the pay panel may want to focus on Youth unemployment as, “More retirees would mean more job openings for the youth.”
Read More »

Armed forces agree to implement 7th pay commission

-
The forces argue that the anomalies lower the status and pay parity of forces vis-a-vis their counterparts in the police and civilian administration. New Delhi, September 15: After a week-long difference of opinion over the implement enhanced salaries under the 7th Central Pay Commission pay, the armed forces have heeded the advice of Defence Minister Manohar Parrikar. Chairman of the Chiefs of Staff Committee (CoSC) Air Chief Marshal Arup Raha has issued directions to all service headquarters asking them to issue orders for implementation of the 7th CPC. This means that the soldiers will receive their new salary in their pay for September, payable in October. Parrikar has assured the forces that their four-key demands will be met and issue will be sorted out but the decision of the government has to be implemented. Parrikar assured them that the "anomalies" they pointed out in the 7th CPC would be taken up at the "highest level". Their co...
Read More »