Letter dtd12.04.2016 to the DAP

To
​The Director of Accounts (Postal)

​& Pension Disbursing Authority

​Manoranjan Complex – Near) Nampally Rly.Stn.

​Hyderabad 500 001

Dear Sirs/Madam,

​​​Sub:- Revision of Pension of Pre-2006 Pensioners under the provisions 

                                  of CCS (RP) Rules 2008 – Fitment Tables vide OM dated 30-08-

                                  2008 – Regarding. 

            ​​      Ref:- Pen-Min. OM No. 38/37/08-P&PW (A) Dated the 06-04-2016

​​​​​​​-o-​​

A copy of the O.M. referred to above is enclosed for ready reference.

Though the subject matter of the OM deals with the delinking of 33 years of qualifying service, there are other issues of ERNAKULAM CAT / High Court Judgements on the principles of Notional Fixation of Pay with reference to Fitment Tables prescribed vide Min. Fin. OM dated 30-08-2008.  The following operations of existing Drop-in Pension and Family Pension of Pensioners may kindly be gauged against and redressed simultaneously.

1. Allowing 50 % of LPD for all the Pre 2006 Pensioners also as per Para 6 of the OM dated 6.4.2016.  The concept of Average Emoluments may be applicable only for a few pensioners who happen to officiate in a higher post before retirement and and gets reverted/demoted on the last day of retirement. Please avert drop in pension allowed so far.   

2. Review and Revise the Pension of all the Pre-1996 Pensioners with reference to O.M. dated 28.01.2013 using the present Fitment Tables of 6th CPC vide paraibid. And also Family Pensions on the Revised consolidated Pay in Pay Band with Grade Pay against last served post of the Pensioner.

3. All the Pensioners having 10 years of qualifying service before superannuation and 20 years of service before retirement are allowed vide para 6 ibid to get revised monthly pension at the rate of 50% of the Last Pay Drawn in the last vacated post. All such cases may be reviewed and arrears paid early. 

4. Revised PPOs may also be issued accordingly for the Information of Pensioners, Family Pensioners and their dependants.

5. The Revision once being made now should have a bearing for the next smooth revision due from 1.1.2016 when implemented with the accepted recommendations of the 7th CPC. 

Thanking you, With Regards,

Hyderabad​​​​​​​​​Yours sincerely,

Dt. 12.04.2016.

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-ll0 003.

Dated the 06 th 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 ofExpenditure OM No. 1I112008-IC dated 30 th 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 OAs 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 hasbeen delinked from qualifying service of 33 years. In OA No.715/2012 filed by Shri. M.O. Inasu, a pre-2006 pensioner, Hon'ble CAT, Emakulam Bench, vide its order dated16.8.2013 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'bleCAT / 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. Thearrears 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 andSubordinate 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.

I.

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(S~

Deputy Secretary to the Government of India

To

1. All MinistrieslDepartments of Government of India. (as per standard mailing list).

2. All SCOV A Members

3. All identified Pensioners Association

Copy to (i) NIC Cell for uploading on the website of the Department.

(ii) AD (OL), DoPPW for Hindi Version