Full Pension to Pre 2006 Pensioners with more than 20 years of service
RAILWAYS SENIOR CITIZENS WELFARE SOCIETY
Head Office: 32, Phase- 6, Mohali-160055
(Ph. 0172 2228306, 09316131598)
Email: [email protected]
No. RSCWS/ CHD/2015-5
Dated: 7-8-2015
Shri Narinder Modi,
Hon. Prime Minister of India &
Minister of Personnel, PG and Pensions,
Subject: Appeal for implementation of judgments of various Courts for Full Pension to Pre 2006 Pensioners with more than 20 years of service – at par with Post 2006 Pensioners
Reference:- i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-2008 ii) DOP&PW O.M. – F.No. 38/37/08-P&PW (A), dated 1st September, 2008
iii) DOP&PW O.M. – F.No. 38/37/08-P&PW pt.1 dated 3.10.2008
iv) Judgments of CAT New Delhi in OA 1165/2011, Dated 21-4-2015
v) Judgment of High Court New Delhi in W.P.(C) 8012/2013 dated 09-4-15 / 07-5-2015
vi) Judgment of Supreme Court in SLP CC No. 21044/2014 dated 20-2-2015
1. We invite your kind attention and urgent intervention towards the hardship and suffering of Central Government Pensioners for the last 7 years because of unjust mutilation of the accepted Recommendations of the Sixth Pay Commission and non implementation of judgements of various Courts thereon.
2. All Post 2006 Pensioners with more than 20 years of service are being paid Full Pension (i.e. 50% of their last pay drawn or 50% of 10 months average pay – whichever is higher). But the Pre 2006 Pensioners with less than 33 years of service but more than 20 years of service are being paid pro rata Pension reduced as per number of years of service falling short of 33 years. This is discriminatory.
This was due to an unjust amendment vide DOP&PW’s so called clarificatory OM dated 3-10-2008 (Ref iii above) in contravention to the Resolution of GOI dated 29-8-2008. This OM has been quashed in various judicial pronouncements as mentioned below.
3. Principal Bench of Central Administrative Tribunal (CAT) in OA 1165/2011 Dated 21- 4-2015 in Partap Narayan and others–vs-UOI, held as under:
“13. It is made clear that this parity of pension between pre and post-1.01.2006 pensioners (on the question of eligibility of minimum pensionable service of twenty years) would apply both as regards pension and family pension. The respondents are granted three months time from the date of receipt of this order for implementation of directions contained in this order.”
4. High Court New Delhi in W.P.(C) 8012/2013 dated 9-4-15/ 07-5-2015 S. A.Khan and Another –vs- UOI had passed the following orders:
“25. ______ Firstly that the policy decision of the Government in the Office Memorandum dated September 01, 2008 to fix pension for all category of pensioners did not classify post and pre January 01, 2006 retirees and all were entitled to pension as per a common formula. Under the garb of clarification the Office Memorandum of October 03, 2008 followed by the Office Memorandum dated October 14, 2008 and repeated in the Office Memorandum dated January 28, 2013 the cut-off date was inserted by an officer of the Government having no authority to cut down the beneficial policy decision notified on September 01, 2008. Secondly for the reason the cut-off date is arbitrary and fouls Article 14 of the Constitution of India.
“26. The writ petitions are allowed. The Office Memorandums – introducing the cut-off date and mandating that pre January 01, 2006 pensioners would have their pension fix by pro-rata reducing the same by such numbers of years they have rendered less service than 33 years – are quashed. It is declared that the writ petitioners would be
2 entitled to full pension post January 01, 2006 without any pro-rata cut therein. _____ the arrears paid within six weeks from today failing which the amount payable would bear simple interest @ 9% per annum reckoned six weeks hereinafter.
5. Supreme Court had also dismissed the SLP in CC No. 21044/2014 dated 20-2-2015 UOI-vs-M. O. Inasu – Arising out of impugned final judgment and order dated 07/01/2014 in CAT No. 8/2014 passed by the High Court of Kerala at Ernakulam – on the same issue.
6. It is deeply regretted that the periods prescribed in the said judgments had expired long back but these judgments have not been implemented forcing the poor old Pensioners to repeated litigation at the fag end of their lives
7. It is, therefore, requested that:
A) Orders of the DOP&PW dated 3-10-2008, 14-10-2008, 11-2-2009, Para 5 of OM Dated 28-1- 2013 and OM dated 19.03.2010 cited above may please be quashed/withdrawn – as held in the judgments of CAT New Delhi in OA 655/2010 and OA 1165/2011; and those of the Supreme Court & High Courts cited above;
B) All Pre 2006 Pensioners who had completed more than 20 years of qualifying service may please be granted Full Pension (instead of pro rata Pension) – as in the case of Post 2006 Pensioners.
With regards,
(Harchandan Singh)
Secretary General, RSCWS
Source-http://rscws.com/
S C MALHOTRA says
Government did not fulfill its assurance
Full Pension 2 pre 2006 pensioners with less than 33yrs service.No orders by Govt inspite of commitment. Next date of hearing 31.3.16 #Mygov
r.bheeman. cpl. says
orop is not one rank one psnsion bbut it is one pension for full service from 15 years to 28 years. what is it.how it can be orop.one eye butter one eye chunna.
S N Mehta says
The govt. Is not interested to do justice with pre-2006, pensioners having 20 years or more service. Govt. Have th
virendra says
I was retired in 2001 from the post of Rly guard running staff with 22yrs service.with pay Rs 6625/_my pen. fixed 9215 prorata ,as per above should i get full pen. Without prorata cut,if yes fitment table for running staff would be issue such table is still not awailable in Drms office .
Dr. N.S.Virdi says
In general scientists in Research organisations do not have 33years of service since they join after Ph.D or other higher degrees. Thus full pension after 20 years is really necessary. I wonder whwn will the Govt. impement this. Already our pension was wrogly fixed as minimumof the band and the arrears are being paid after nine years, only bacause of misinterpretation of the Pay commission Report by the Great Indian BABU sitting in posh office of the DOPT. God may save us from these self styled Khalifas.
S Vijaya Gopal says
I am retired on 31st July 1989 after completion of 20 years and 7 months. I am also eligible for full pension
K rehman says
I retired on 31.8.2005. My qs was 19 years. I am getting pro rata as 19/33. Now that gi allowed full pension to pre2006 pensioners who had 20 yrs or more service. What will be my fate whether i will get full pensio or pro rata of 20 yrs or i will continue to be governed by pro rata of 33 yrs. Please confirm
Vasuki Sharma says
I am a retired bank employee in the year 2004 November. Served SBI for 21 years. I am being paid pension on pro rata.Am I aiso eligible for this new pension revision.Pl.advise me.
S.Ranganath says
Please i have taken pre – mature retirement in 1999 from Indian Navy, after completing 15years of contract agreement. Am i eligible for Pre-2006 arrears.
K rehman says
I have 19 years service. What will my pention? Will it be proportionate to 20 yrs or remain the same to 33 yrs?
g r k rao says
my father is on railway.and he retired on 2003.and expired on 2005.can my mother get full pension.
SS SINGH says
Rule 49 of CCS pension rules 1972 makes the minimum pension applicable to pensioners above 10 years service. Any body, thought of bringing these provisions to the knowledge of courts/Govt.
K. C. Nirmal, ex AEC says
Does this order required to be routed through CDA to enable the pension disbursing Banks to credit the arrears of pension to ex-servicemen ? How much time will be taken to release the arrears ?
K Nagswara reddy says
This Govt nothing do it . Don’t expect carriers.
ashokraj says
What about armed forces arrears news? are they making it or what? can you throw some light on that?
Gangaram Tikare Ex-Servicemen jwo of IAF says
I am retired in 1986 after 20 years this order applicable to e Ex-Servicemen also