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Wednesday, August 12, 2015

Success story of GOI Pre 2006 Pensioners


Pre 2006 pensioners, who were getting their revised pension w.e.f. 01-01-2006 less than 50% of the minimum of the pay band + grade pay corresponding to pre revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to MOF, DOE : OM No.I/1/ 2008- IC dated 30th August, 2008, had filed petitions in Central Administrative Tribunal ( CAT), New Delhi. The CAT upheld their demand. GOI challenged the CAT order in the HC and also in the SC. After losing the protracted legal battles, the Government, in its wisdom, issued order to make the CAT order effective from a prospective date viz.24-09-2012, instead of from 01-01-2006, the date of revision of pay and pension of GOI employees and pensioners as per 6th CPC.  The aggrieved pre 2006 pensioners were once again obliged to go to the SC for redressal. GOI filed  several SLPs and also curative petition. The Supreme Court dismissed all the petitions and ordered to implement its judgement w.e.f. 01-01-2006.
The Ministry of Personnel, PG & Pensions, GOI has since issued the order : Office Memorandum No.38/37/08- P&PW(A) dated 30-07- 2015. The extracts of the OM are reproduced below. The contents are self explicit.
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"...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 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.l/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 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. The above order was challenged by the Government by filing Writ Petition No.1535/2012 in respect of OA No. 655/2010 and WP No.2348-50/12 in respect of the three other connected OAs in the High Court of Delhi. The Hon’ble High Court in Its common Order dated 29.4.2013 noted that the DoP&PW had, in the meanwhile, issued an OM No.38/37/08-P&PW (A) dated 28.1.2013 which provided 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 had retired. Hon’ble High Court observed that the only issue which survived was, with reference to Paragraph 9 of OM dated 28.1.2013 which makes it applicable w.e.f. 24.9.2012 instead of 1.1.2006. Hon’ble High Court of Delhi dismissed the Writ Petition No.1535/20 12 along with three other Writ Petitions vide its order dated 29.4.2013. Special Leave Petitions (No.23055/2013 and No.36148-50/2013) filed against the said order dated 29/412013 of the Hon’ble Delhi High Court have also been dismissed by the Hon’ble Supreme Court.
4. Accordingly, in compliance with the above judicial pronouncements, it has been decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1-1-2006."
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It may be added for information that the sum of the minimum pay and grade pay in the pay scale as per " the fitment tables" annexed to letter dated 30th August 2008, in 24 out of 34 scales (S- 1 to S- 34) is more. An example : Scale-10  - Band Pay : Rs.9300 - 34800 ; Grade Pay - Rs.4200. Fifty percent of Rs.9300 + Rs.4200 = Rs.13500 comes to Rs.6750. The sum of the minimum pay and grade pay for Scale- 10 as per the "fitment table" is Rs.14430. Hence, the minimum entitlement of pension for Scale - 10 pre 2006 retiree is more at Rs.7215 (i.e. 50% of Rs.14430). 
The pensioners and family pensioners who got less than 50% and 30% respectively of the minimum of the revised pay as aforesaid, would get arrears from 01-01-2006 to 23-09-2012.

SN ( a 1992 pensioner )