Sunday, December 04, 2016

Senior Citizens are a treasure to our society. They have worked hard all these years for the development of the nation as well as the community. They possess a vast experience in different walks of life. The youth of today can gain from the experience of the senior citizens in taking the nation to greater heights. At this age of their life, they need to be taken care of and made to feel special. Indian Government provides several benefits through its schemes in various sectors of development.( Pensioners Portal, Govt. of India)”.
At page No.223 of the VI Pay Commission Report, it is reported as follows:
        The Government merged 50% of the DA with basic pay w.e.f. 1.4.04 and the dearness allowance continued to be calculated with reference to the AICPI (IW) average as on 1st January 1996 of 306.33 without changing the base consequent to the merger. Accordingly, DA at following rates was sanctioned by the Government from 1.7.04 till 1.7.07:-
As on Rates of DA (%) As on  Rates of DA(%) As on   Rates of DA(%) 1.7.04   14                     1.1.06  24                        1.7.07 41.       1.05 17 1.7.06 29
        1.7.05 21 1.1.07 35
As a consequence, salaries of Government employees are being neutralized more than hundred per cent“.
On page 330 CPC records:
          From 1/1/1996, full neutralization of dearness relief has been allowed to all pensioners. This was in conformity with the recommendations made by the Fifth CPC extending 100% neutralization of the increase in the price index to all the serving Central Government employees”.
On page 332 & 333, it recommends:
The Commission, however, is of the view that older pensioners require a better deal because their needs, especially those relating to health, increase with age. Accordingly, the Commission recommends that quantum of pension available to the old pensioners should be increased as follows:-
On attaining age of Additional quantum of pension
80 years - 20% of basic pension
85 years - 30% of basic pension
90 years - 40% of basic pension
95 years - 50% of basic pension
100 years - 100% of basic pension

On page 338 it recommends:

Commission, accordingly, recommends that all past pensioners should be allowed fitment benefit equal to 40% of the pension excluding the effect of merger of 50% dearness allowance/ 339 dearness relief as pension (in respect of pensioners retiring on or after 1/4/2004) and dearness pension (for other pensioners) respectively. The increase will be allowed by subsuming the effect of conversion of 50% of dearness relief/ dearness allowance as dearness pension/dearness pay. Consequently, dearness relief at the rate of 74% on pension (excluding the effect of merger) has been taken for the purposes of computing revised pension as on 1/1/2006. This is consistent with the fitment benefit being allowed in case of the existing employees. A table (Annex 5.1.1) showing fixation of the pension of the existing pensioners in the revised dispensation consequent to implementation of the recommendations of this Commission has been prepared and should be used for fixing the revised pension of the existing pensioners. The fixation as per this table will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired. To this extent, a change would need to be allowed from the fitment shown in the fitment table”.
Would the presentation of the arguments for the purpose of para 3A as per the CPC would help in explaining the need for revision of pension without which the anomaly cannot be avoided and will continue to be litigious, inasmuch as the Govt. themselves have accepted the recommendations. I again repeat we have a very strong case to win.