SC: Pension can’t be less than 50% of pay-The Tribune news
R Sedhuraman Legal Correspondent-
New Delhi, March 17
In a bonanza to retired employees of the armed forces, the Supreme Court today directed the Centre to pay at least 50 per cent of the pay as pension to all of them as recommended by the 6th Central Pay Commission (CPC).
A Bench headed by Justice TS Thakur passed the order while dismissing about 50 appeals filed by the Centre challenging the rulings of various high courts and armed forces tribunals (AFTs). The HCs and AFTs had struck down the office memorandums (OMs) assessing the pension amount at less than 50 per cent for some categories of pensioners.
Appearing for the Centre, Additional Solicitor General Pinky Anand had pleaded that payment of pension at 50 per cent or more would place an additional burden of Rs 1,500 crore. But the Bench said the pensioners were entitled to the CPC recommendations which had been accepted by the government.
They could not be denied of their dues just because some officials, who did not even have the authority to issue the OMs, had misinterpreted the recommendations, the Bench explained.
“We have already affirmed the orders of the HCs and AFTs” in a couple of cases earlier and there was no need for the Centre to come to the SC in each and every such case, the Bench said.
Today’s order should be implemented within four months extending the benefit to all those who were entitled to pension, irrespective of the fact whether they had gone to the AFT/court or not, the Bench clarified.
In one such case, the Delhi High Court had delivered its verdict on April 29, 2013, directing the Centre to ensure that pension was re-fixed at not lower than 50 per cent of the minimum of the pay in the band and the grade pay thereon. Arrears should be paid within two months and any delay would entail 9 per cent interest, it had ruled while dismissing a batch of Centre’s petitions. The HC had said it was in complete agreement with the reasoning of the Punjab and Haryana HC in similar cases.
source-http://www.tribuneindia.com/news/nation/sc-pension-can-t-be-less-than-50-of-pay/55088.html
D.k.jash says
I am a civilian pensioner retiring in 2005.how i am impacted by theSC ruling?
SANJAY GOEL says
Sir, my father retired from CRPF during July 1991 and expired during Jan 2007. Now my mother is drawing family prnssion which is less than 50% of the revised pession of 6th pay commission.
Whether family pession also increased to 50% as per decision of SC.
Dinesh Kumar says
In all PSU, central Govt. employee should be given time bar promotion in CDA scale not in IDA scale.
PRP should be given to all employee of the company.
Pay protection rule be adopted strictly.
Today trere are doing unjustis with CDA employee in Govt. undertaking copmanies.
Therefore, CDA employee is being nurvous and harasment by the management.
Thomas Varghese says
Sir, I am pensioner from BSF. retired on 31 Oct 2000. After my retirement I filed a Writ Petition in the Hon’ble High Court of Kerala for my second fiancial upgradation under ACPS, as there was no move from my Departments side for a long period. As per the directions of the Hon’ble High Court my second financial upgraded scale was granted to me after obtaining proper instructions from the concerneed Ministry in the scale of 8000-275-13500/-, being the next hierarchical scale. The said Court Order was not challenged by the respondents and it became final and conclusive. But to my utter surprise my corresponding scale is shown in the Pay Band of 9300-34800 plus Grade Pay Rs.4200/-vide PAO BSF-5, New Delhi Diary No.W024955150101005 dated 31Jan 2015,which is my first upgraded scale, thus depriving me from my second upgradation under ACPS. Their interpretation with regard to second upgraded scale with only Rs.200/- as appointment pay is unwarrended and malicious.My PPO NO.is 240550043210. Kindly instruct me as to whom should I approach now.