Revision of pension of pre-2006 pensioners — delinking of revised pension from qualifying service of 33 years
No. 38/37/08-P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003.
Dated the 06th April, 2016
OFFICE MEMORANDUM
Sub:- Revision of pension of pre-2006 pensioners — delinking of revised pension from qualifying service of 33 years.
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 pre-revised 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 the 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. 1/1/2008-IC dated 30th August, 2008, Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010 and three other connected DAs 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. Orders were issued vide this Department’s OM of even number dated 28.1.2013 for stepping up of pension of pre-2006 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 retired. Para 5 of this OM provides that 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.
4. Subsequently, in compliance of the order dated 1.11.2011 of the Hon’ble CAT, Principal Bench in OA No. 655/2010, order dated 29.4.2013 of Hon’ble High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon’ble Supreme Court in SLP (C) No. 36148/2013, order were issued vide this Department’s OM of even number dated 30.7.2015 that the pension/family pension of all pre — 2006 pensioners/family pensioners may be revised in accordance with this Department’s O.M. No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012.
5. In accordance with the order issued in implementation of the recommendation of the 6th CPC, the pension of Government servants retired/retiring on or after 1.1.2006 has been delinked from qualifying service of 33 years. In OA No. 715/2012 filed by Ski. M.O. Inasu, a pre-2006 pensioner, Hon’ble CAT, Ernakulam Bench, vide its order dated 16.8.2013 directed that the revised pension w.e.f. 1.1.2006 under para 4.2 of OM dated 1.9.2008 would not be reduced based on the qualifying service of less than 33 years. The appeals filed by Department of Revenue in the Hon’ble High Court of Kerala and in the Hon’ble Supreme Court have also been dismissed. Similar orders have been passed by Hon’ble CAT/High Court in several other cases also.
6. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It has-now been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Department’s OM of even number dated 28.1.2013 would stand deleted. The arrears of revised pension would be payable with effect from 1.1.2006.
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 for revising the pension of all those pre – 2006 pensioners who had rendered less than 33 years of qualifying service at the time of retirement in the manner as indicated above on top priority. Revised Pension Payment Orders in all these cases may also be issued immediately.
8. All pension disbursing offices/banks are also advised to prominently display these orders on their notice boards for the benefit of pensioners.
9. This issues with the approval of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 2(9)/EV/2015, dated 15.3.2016.
10. Hindi version will follow.
Sophie says
What about employees retired 2006 Jan 15 .with 20 years of service .I did get pension only for my 20 years of service.Can anyone give me an answer please
Umrao singh says
Sir,
We are sorry to say that pre 2006 order is not clear basic pay of 24/09/201 should be continue from 2006. and Arriers shuldbe earliest given.
Ex Hav Umrao Singh
Kalyanchoudhury says
I happy for at last mp delinking 33yr & relief large no of pensioner retier prior06.get their legitimate right & also think no ambuguity futher .Thanks
Vinod Kumar Mishra/Pandit Tol Tabhka- says
कार्मिक और प्रशिक्षण विभाग/पत्र No.38/37/08-पी एंड पीडब्लू (ए) दिनांक 06-04-2016 और 28-01-2013 के संबंध में : केवल दोषपूर्ण पैरा-(5) को नष्ट कर देना ही पर्याप्त नहीं है? “क्योंकि भविष्य में जिम्मेदारी की हेराफेरी के कुछ ऐसे ही परिदृश्य -(जैसाकि अधिकारियों/कर्मचारियों की आदत-सी बन चुकी है)- को दूर करने की भावना से” संबंधित व जिम्मेदार अधिकारी/कर्मचारी के विरुद्ध उपयुक्त-दण्ड से दंडित किये जाने की व्यवस्था करना भी समीचीन दिख रहा है? क्योंकि केवल इस पैरा (5) के कारण इस मामले को अंतिम रूप देने में तकरीबन 4-वित्तीय वर्ष की एक लंबी अवधि तक बिलम्ब होना और संबंधित पेंशनरों को मानसिक यातना सहन करने के लिए मजबूर भी किया जाना, साक्षात दिख रहा है?
Vinod Kumar Mishra/Pandit Tol Tabhka- says
In relation to DOPT/Letter No.38/37/08-P&PW(A) dated 06-04-2016 and 28-01-2013 : It is not sufficient only to delete defective para-(5) “but with a view to remove misappropriation of responsibility as is running in the mind of functionaries” the officer concerned & responsible officer/staff be punished suitably, because due to this para-(5) only the finalization of matter seems to have unreasonably been delayed for a long period of up to 4-financial years, and the respective pensioners have been compelled to bear mental torture?
kesho ram says
Kesho Ram ex mcpo indiannavy
Basic pay as on
May 1998 Rs 4050 upto jun 2008
July 2009 Rs 9153 upto jun 2009
As per table my basic to be 9440 as on jan 2006.
What will be arrears ps.
keshoram ex mcpo indian navy says
My basic pay as on
May 1998 was. 4050
July 2008 was. 9153
July 2009 was . 11970 as per table my basicpay tobe9440 as on jan 2006.
What will be arrears ps.
ALL INDIA DRDO TECH. OFFICERS' ASSN. (AIDTOA) says
A Great Victory to Pre-2006 Pensioners
After a long battle the pre-2006 pensioners got another issue sorted out with the Government conceding grant of full pension to pre-2006 pensioners with less than 33 years but with 20 years of service as recommended by 6th CPC! This comes after the Govt deciding to extend the judgment given out by Supreme Court in the case of Inasu from Kerala.
Now all those pre-2006 pensioners who got only proportionate pension for want of 33 years qualifying service, will get the refixation from 1.1.2006 and get arrears also.
Daya Shanker Lal Srivastava Ex MCPO II says
Will God Bless Indian Defence Personnel who are at the Mercy of Ministry of Defence?
Happy God Blessed Civil needy wounded and medically pensioned as well as (died on duty) family pensioners getting meagre pension at the end of their life.
God is JURY !
Judge is God !
Daya Shanker Lal Srivastava Ex MCPO II, Mumbai (7738115388).
V K Sarma says
I had taken absorption in a PSU after 16 years central service from October 1987 to September 2003 and am drawing pro rata pension. Presume the above order on delinking of qualifying service would cover my case also. Regards and Thanks
Ashpal Singh Teotia says
I have received Rs.16640.00 as monthly pensionfor the month of March2016 whereas as per OROP table my basic pension should be Rs.8778.00 and with 119% DA it comes to Rs.19224.00.And Ist instalment of OROP comes to be Rs.21232.00,whereas I am paid only Rs.8632.00.Request to give solution for this problem.Thanks.And I have not yet received Pre-2006 arears.