Pre-2006 Pensioners - Re-revision - Modified Parity

DPPW -  OM dated 28 January 2013 - revision of Pension for Pre-2006 pensioners , effective from 24-9-2012 (and not wef 1-1-2006). 
DPPW - OM dated 30 July, 2015 - Revises the effective date to 1-1-2006.

Pre-2006 Pensioners to get revised Pension from 1st January 2006 instead of 24.09.2012- Orders issued by Department of Pension and Pensioners’ welfare.

Following Hon’ble Supreme Court’s Decision, Department of Pension orders for Revision Pension of Pre-2006 Pensioners from 01.01.2006 as per revised concordance Table in OM dated 28.01.2013.  Consequently, Pre-2006 Pensioners will get revised Pension from 1st January 2006 instead of 24.09.2012.

This is the order for which Pre-2006 Pensioners were battling since 2008. On implementation of 6th PayCommission report, Pension of Pre-2006 Pensioners was revised as per Office Memorandum F.No.38/37/08-P&PW(A) 01.09.2008 and F.No.38/37/08-P&PW(A).Pt.1 dated 03.10.2008. As per Concordance Table in these OMs many Pre-revised pay Scales were bunched and fitted into a single 6th CPC Pay Band and pension all Pensioners retired in these pre-revised pay scales were fixed in the minimum of revised 6th CPC Pay band, which caused huge anomaly in Pension of Pre-2006 Pensioners. For instance Pre-revised Pay Scale S-9 (5000-8000) to S-15 (8000-13500) were fitted in to PB-2 (9300-34800). So, a Pensioner who retired at the highest level in S-15 received same pension fixed for a Pensioner whose last drawn pay was at the minimum of pre-revised pay scale S-9.

Many of the pensioners filed case against these OMs before Administrative Tribunal and were granted favourable orders. However, Department filed appeals before Hon’ble High Courts.

A thread relating to this issue started in 07.10.2008 by Senior Member of GConnect discussion boardMr.V.Natarajan which has more than 1500 replies and 2.40 lakh views as on date, would reveal entire facts of legal recourse right from Central Administrative Tribunal to Apex Court.

This is the link of the related GConnect discussion Board thread on this issue:

(http://www.gconnect.in/forums/showthread.php?213-Injustice-to-pre-2006-pensioners-in-old-s-29-amp-30-scales(18400-22400-amp-22400-24500)

While Pre-2006 Pensioners got favourable Verdict in all Forums, Department filed appeals in the next higher forums which got dismissed subsequently.

At last Govt issued Office Memorandum No.38/37/08-P&PW(A) dated 28.1.2013, in which Pension of Pre-2006 Pensioners was revised with effect from 24.09.2012 as per revised concordance table annexed in OM dated 28.01.2013 which was based on fitment table used for Central Government Empolyees in Office Memorandum No. 1/1/2008-IC dated 30.08.2008.

However, the demand of pre-2006 pensioners that they are entitled to revision of Pension as per revisedconcordance table with effect from 1st January 2006 since 6th CPC was implemented from the said date was not fulfilled in the said order. Hence, Pre-2006 Pensioners persisted with legal recourse which was finally decided in favour of Pensioners by Hon’ble Supreme Court by providing 4 months time for implementation of CAT’s decision for all Pre-2006 Pensioners with effect from 1st January 2006.

Now, in compliance of Apex Court’s decision, Department of Pension and Pensioners’ welfare has issued OM dated 30.07.2015 for revision of Pension of Pre-2006 Pensioners as per revised concordance table annexed to OM dated 28.01.2013, with effect from 01.01.2006.

The full text of Office Memorandum No.38/37/08-P&PW(A) dated 30.07.2015 is as follows

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

Dated the 30th July, 2015

Office Memorandum

Sub:- Revision of pension of pre-2006 pensioners – reg.

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 prerevised 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 becalculated 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 1.11.201lin 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 pre2006 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 instead of24.9.2012. Further, this benefit has already been granted to the Applicants in OA No. 655/2010 vide OM of even No. dated 26/08/2014 read with OM dated 19/09/2015 following dismissal of SLP (C) No.23055/2013 by the Hon’ble Supreme Court.

5. 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.

6. All other conditions-as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from time to time shall remain unchanged.

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 on a top priority basis. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

8. This issues with the approval of Ministry of Finance ID Note No. 1(9)/EV/2011Vol.1I dated 24.7.2015.

9. Hindi version will follow.

(Harjit Singh)

Deputy Secretary to the Government of India

{  Taken from gconnect.in )