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 Pay Commission
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 board
Mr.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:
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 revised
concordance 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.
Checkout following link to read
entire information on revision of Pension of Pre-2006 Pensioners
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
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
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 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 1.11.201lin 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
Deputy Secretary to the Government of India
