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-6th
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
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