ILLOGICAL STAND OF GOVERNMENT OF INDIA ON PRE-2006 PENSIONERS!!

ILLOGICAL STAND OF GOVERNMENT OF INDIA ON PRE-2006 PENSIONERS!!

REVISION OF PENSION OF PRE-2006 PENSIONERS

APPLICABLE ONLY TO 

SAG (S-29) PENSIONERS’ ASSOCIATION

Department of Pension and Pensioners’ Welfare has issued Office Memorandum No.38/37/08-P&PW(A) dated 26.08.2014 addressed to Railway Board and copy marked to Ministry of Finance D/o Expenditue, conveying its decision to implement Revision of Pension of Pre-2006 Pensioners based on Fitment Table w.e.f 1.1.2006 as per order dated 1.11.2011 of Hon’ble CAT, Principal Bench in OA No.655/2010 (after the appeals / review Petition against the said order dated 1.11.2011 were dismissed by Hon’ble High Court of Delhi and Hon’ble Supreme Court) only to members of Central Government SAG (S-29) (i.e. Pre-6^th CPC Pay Scale S-29) Pensioners’ Association.

It is pertinent to note here that even as per Para 2 of Office Memorandum No.38/37/08-P&PW(A) dated 26.08.2014 given below (which was issued to implement revision of pension only to SAG (S-29) Pensioners’ Association ) Hon’ble CAT Delhi had directed to re-fix the pension not only to petitioners but also to all pre-2006 retirees w.e.f 1.1.2006. But the present order of the Government creating a new wedge between the pre-2006 retirees as belonging to S-29 scale and belonging to other pay scales! Earlier it was indicated by the Government that the Court Order will be implemented only to petitioner organisation membership but now it has ordered for all pre-2006 retirees who retired in S-29 Pay Scale! The Government is taking stances peculiarly and without any logic as well as against the Court Orders repeatedly.

Now, a simple logical question props up in the minds of all Pre-2006 Pensioners, while Department of Pension decides to implement CAT’s order dated 1.11.2011 w.e.f 1.1.2006, had directed to re-fix the pension not only to petitioners but also to all pre-2006 retirees w.e.f 1.1.2006, how the same could be made applicable only to Petitioners when order of CAT dated 1.11.2011 attained finality ? Does the Government expects each and every Pre-2006 Pensioner in this Country to exhaust all the Legal Courses right from CAT to Supreme Court to get revision of Pension with effect from 01.01.2006 ?

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

Dated the 26th August 2014

Office Memorandum

Sub: Implementation of Government’s decision in pursuance to CAT, Principal Bench, New Delhi order dated 15.05.2014 – Revision of Pension of Members of Central Government SAG (S-29) Pensioner’s Association – Reg.

The undersigned is directed to say that as per Para 4.2 of the 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 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 minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay in pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale. It was also clarified that the pension will be reduced pro-rata where the pensioner had less than the maximum required service for full pension as per Rule 49 of the CCS (Pension) Rules, 1972, as applicable before 1.1.2006 and in no case it will be less than Rs. 3500/- p.m.

2. Central Government SAG (S-29) Pensioners’ Association along with Shri. Satish Verma, Retd. Chief Engineer, Central Water Commission, Ministry of Water Resources had filed OA No.655/2010 in the Hon’ble 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 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. Three other OAs were also filed by some pre-2006 pensioners in CAT, Principal Bench on the same issue. CAT Principal Bench New Delhi vide its order dated 1.11.2011 decided all the four OAs and directed to re-fix the pension of all pre-2006 retirees w.e.f 1.1.2006 based on the resolution dated 29.08.2008.

3. The above order was challenged by the Government by filing Writ Petition No. 1535/2012 and WP No. 2348-50/12 in the High Court of Delhi. The High Court noticed that the DoP&PW had in the meanwhile issued OM No.38/37/08-P&PW(A) dated 28.01.2013 which provided for stepping up of pension of pre-2006 pensioners w.e.f 24.09.2012 to 50% of the minimum of pay in pay band and grade pay corresponding to pre-revised pay scale from which pensioner had retired. The High Court also noted the contents of Para 5 of the OM dated 28.01.2013 according to which the pension will be reduced pro-rata where the pensioner had less than the maximum required service as per Rule 49 of the CCS (Pension) Rules 1972 as applicable before 1.1.2006 and in no case it will be less than Rs. 3500/- p.m. Hon’ble High Court observed that the only issued which survives i.e with reference to paragraph 9 of the OM dated 28.01.2013 which makes it applicable w.e.f 24.09.2012, and thereby denying arrears to be paid to the pensioners with effect from 01.01.2006. The writ petition No. 1535/2012 along with 3 other writ petitions was dismissed by the Hon’ble High Court of Delhi on 29.04.2013.

4. An SLP No. 23055/2013 filed against the order dated 29.04.2013 of Delhi High Court in WP (C) No. 1535/2012 was dismissed by Hon’ble Supreme Court on 29.07.2013. The Review Petition and Curative Petition filed by Government against the dismissal of SLP No. 23055/2013 have also been dismissed.

5. As a Civil Appeal No. 8875-76/2011 on the similar issue filed by Ministry of Defence was pending in the Supreme Court, Union of India filed an SLP (CC) No. 18339-41/2013 (converted in to SLP (C) No.36148-50/2013. In it order dated 19.11.2013, Hon’ble Supreme Court was pleased to issue Notice on this SLP and directed to list the SLP along with Civil Appeal No. 8875-76/2011. Hon’ble Supreme Court also took on record the following statement of Respondent Pensioners in the order dated 19.11.2013:

“During the pendency of these Petitions, respondent-writ Petitioner shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal”

6. The Contempt Petition No.158/2012, filed in OA No.655/2010 came up for hearing before the Hon’ble CAT, Principal Bench New Delhi in its order dated 15.05.2014 noted the submission by Govt. Counsel that the Ministry of Law has advised the Department to implement the order dated 1.11.2011 of Hon’ble CAT, Principal Bench in OA No. 655/2010 qua the petitioners. In view of this, Hon’ble CAT disposed of the Contempt Petition with direction to respondents to implement the directions of the Tribunal expeditiously preferably within three months.

7. In Implementation of the order dated 1.11.2011 of Hon’ble CAT, Principal Bench in OA No.655/2010 and order dated 15.05.2014 of the Hon’ble CAT in CP No. 158/2012, it has been decided that the revised pension of members of Central Government SAG (S-29) Pensioners Association (as given in the enclosed list) will not be less than the 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 they had retired as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008 of Ministry of Finance (Department of Expenditure)

8. The normal family pension in respect of Central Government SAG (s-29) Pensioners Association (as given in the enclosed list) as revised w.e.f 1.1.2006 in terms of Para 4.1 or Para 4.2 of the OM dated 1.9.2008 would also be further stepped up to 30% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had retired as arrived at with reference to the fitment tables annexed to the Ministry of Finance of Department of Expenditure OM No.1/1/2008-IC dated 30th August 2008 of Ministry of Finance (Department of Expenditure).

9. In case the consolidated pension/family pension calculated as per Para 4.1 of OM no 38/37/08-P&PW (A) dated 1.9.2008 in respect of member of Central Government SAG 9S-29) pensioners Association (as per enclosed list) is higher than the Pension/family pension calculated in the manner indicated above the same (higher consolidated Pension /family pension) will continue to be treated as basic pension/family pension.

10. All other conditions as given in OM No.38/37/08-P&PW(A) dated 1.9.2008, as amended from timed to time shall remain unchanged in the case of pensioners as given in the list.

(Tripti Ghosh)

Director

Chairman

Ministry of Railways

(Railway Board)

Rail Bhawan

New Delhi