There are some factual errors in the write-up of Nirmal Upadhyay uploaded on this blog.
The interim relief of 40% was ordered by Supreme Court as per Para 3A only for pre-August 1997 retirees and not for all retirees/ pensioners of the post July 1997 retirement periods under the wage revisions upto 1/8/2012.The IR was not ordered on account of the differential DR structure, but on account of the DR rate being with 100% neutralisation after 1/8/1997 against less than 100% neutralisation before 1/8/1997.
The AICPI as at 1/8/2017 was 6352 and not 6325 as basis for merger of DA with Basic Pay for wage revision.
Ex gratia pensioners are drawing DR on their basic ex gratia pension at the rate of 0.67% , the same as for the retirees of the period upto 31/7/1992 on the basic pension corresponding to their basic pay pegged at AICPI of 600.
As regards enhancement of rate of family pension to 30% of last pay, it does not involve upgradation of pension. This increase was to bring the rate on par with family pensioners of RBI and Public Sector Banks.After this enhancement also they are in a similar position like retirees and they can get upgradation only when retirees get pension upgradation when they can get a uniform rate of DR at the latest rate.
Delhi High Court has overlooked many points meriting upgradation while delivering its judgment on 27/4/2017.
C H Mahadevan
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