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
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-110 003
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. 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.
sd/-
(Seema Gupta)
Deputy Secretary to the Government of India
Authority: www.pensionersportal.gov.in