Delinking of revised pension from qualifying service of 33 years for pre-2006 pensioners – Pension arrears from 1.1.2006
Revision of pension of pre-2006 pensioners — delinking of revised pension from qualifying service of 33 years
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated the 06th April, 2016
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. 1/1/2008-IC dated 30th August, 2008, Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010 and three other connected DAs 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 Ski. 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.
Deputy Secretary to the Government of India
Rajpal Singh Aswal says
Revision of pension and salary has been settled, but the main problem is of health related. The conditions of echs related to the defence forces is very very poor. There is very over crowded rush in the hospital and the quality of Doctors is poor. No well trained doctor is there.Much more is required to improve the conditions of ECHS.
[email protected] says
Only the courts are thinking justice for the nation.But the officials says they are not having money. Wonderful.
ALL INDIA DRDO TECH. OFFICERS' ASSN. (AIDTOA) says
A Great Victory to Pre-2006 Pensioners
After a long battle the pre-2006 pensioners got another issue sorted out with the Government conceding grant of full pension to pre-2006 pensioners with less than 33 years but with 20 years of service as recommended by 6th CPC! This comes after the Govt deciding to extend the judgment given out by Supreme Court in the case of Inasu from Kerala.
Now all those pre-2006 pensioners who got only proportionate pension for want of 33 years qualifying service, will get the refixation from 1.1.2006 and get arrears also.
AK JAYARAJAN says
What will be implecation of delinking the 33 years qualifying service for calculation of the pension entitlement pre 2006 pensioners. The letter indicate that separate letter will be issued for defence pensioners by Ministry of Defence separately. Pension of JCOs OR are fixed at the minimum of the pay band byadding fitment table +Grade pay+MSP and X group pay as applicable wef 1.1.2006.Pension got revised wef 1.7.2009 considering the highest maximum of the pre 2006 pay scale of each rank of the three services+grade pay+MSP and X group pay as applicable.Maximum pension is worked out for 33 years of qualifying service which is inclusive of wheitage admissible to each rank. Pension for the less qualifying service+ whietage will be reduced propotionally. On 1.1.2006 pension works out minimum in the pay band by adding fitment table where as on 1.7.2009 pension works out based on the highest maximum of pre 2006 pay scale but falls less than the half of the pay band of each rank. By issuing the present order will the JCOs OR become entitled for arrears of pension from 1.1.2006 to 30.6.2009 and from 1.7.2009 to 24.9.2012 is not clear as the above said letter is silent about the payment of arrears which will be admissible for JCOs OR from 1.1.2006 to 23.9.2012.