1)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) 01.09.2008and 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.
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.
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2) ATLAST A GREAT, GRAND ,SOLID VICTORY, THANX TO SUPREME ,SUPREME COURT JUDGEMENT,WITH A DEADLINE.WE HAIL DEPT OF PENSION & PENSIONERS' WELFARE , UOI, DECISION & CIRCULAR.WHAT ALL IS STATED THERE LOOKS TO BE A REPLICA OF INSURANCE PENSIONERS KURUKSHETRA LEGAL BATTLE,BEING WAGED FROM 6676/1998 CWP,RAJASTHAN HIGH COURT. "While Pensioners got favourable Verdict in all Forums, Department filed appeals in the next higher forums which got dismissed subsequently."
3)ATLEAST NOW AN ACCEPTANCE ,WILL IT BE A REPENTANCE,RIGID GOVTS OUT TO OUTSMART SENSIBLE, MODEST, LEGITIMATE DEMANDS & GRIEVANCES OF EVEN SENIOR CITIZENS, ELDERS, PENSIONERS FEDERATIONS ,THAT TOO AFTER A SERIES OF VICTORIES IN VARIOUS COURTS & FAVOURABLE OBSERVATIONS FROM SC BENCH, RECOGNISE & ADHERE TO JUDICIAL WISDOM & PRONOUNCEMENTS, WITH DUE RESPECT & not DISDAIN. 23 9 2015 MUST BE AN EYE-OPENER TO LIC & UOI NOT TO CROSS LAXMAN REKHA, NOT TO IGNORE & THROW AWAY FUNDAMENTAL RIGHTS ENSHRINED IN OUR CONSTITUTION,WITH MORE THAN 15,000 PENSIONERS HAVING DIED, NONE TO WIPE THE TEARS OF THE WIDOW & FAMILY.
4)THIS COUPLED WITH LATEST 1st JULY, 2015 VERDICT, HON'BLE Supreme Court of India observed that it is the duty of the State Government to avoid unwarranted litigations and not to encourage any litigation for the sake of litigation. The Apex Court made these observations in the judgment delivered by the Division Bench consisting of Justices Dipak Misra and Abhay Manohar Sapre.
The Court delivered its judgment in a Civil Appeal No. 1123 OF 2015 (State of Rajasthan and Ors. vs. Mahendra Nath Sharma) in which two State Governments had denied pension benefits to Lecturers, Librarians and PTIs, who retired prior to 1.1.2006.
The State then preferred an appeal before the Supreme Court, wherein the Apex Court also ruled in favour of the respondents. It also said, "It is a well known principle that pension is not a bounty. The benefit is conferred upon an employee for his unblemished career." The Court relied on observations made in D.S. Nakara vs. Union of India and emphasized that the parts reproduced from D.S. Nakara form fundamental concept in service jurisprudence.
The Court accordingly ruled in favour of retired persons and gave the states three months to pay back the amount, failing which interest at 9 per cent per annum would be levied on the amount, until the date of realization.
5) WHAT AUSPICIOUS, BEFITTING, POINTERS TO IMPENDING FINALS IN SUPREME COURT BENCH ON THAT CRUCIAL DAY OF RECKONING ,WEDNESDAY, 23 SEPTEMBER, 2015 WITH SAME HON JUDGE DIPAK MISRA & ANOTHER,TO ANNEX THE PRINCIPLED TWIN BENEFITS OF FULL DR TO PRE-8/1997 PENSIONERS & PENSION UPGRADATION WTH EVERY WAGE REVISION FOR ALL GROUPS OF PENSIONERS,MARKING A HISTORIC TRIUMPH OF GOOD OVER EVIL, OF BONAFIDE OVER MALAFIDE,OF PRINCIPLES OVER POLITICS, OF JUSTICE OVER INJUSTICE. WITH FERVENT FAITH & INTENSE PRAYERS FOR A SUCCESSFUL CULMINATION TO BLESS ENTIRE PENSIONERS FRATERNITY IN THE TWILIGHT OF THEIR LIVES FOR A DECENT LIVING AS A DIGNIFIED HUMAN BEING .
Greetings,
R.B.KISHORE,
VP, AIRIEF
