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Friday, September 12, 2014

PRE-2006 PENSIONERS - FIXATION CASE

1.      After reading our earlier website write up (Sl.2) on the above subject, some readers have sought the details of the case.
2.      The facts of the case briefly stated are as under:
         a)    The VI CPC in para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them “will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired”.
         b)    The Government of India in their Resolution No.38/37/08-P&PW(A) dated 29-8-2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure to the said Resolution).
         c)    In Department of Pension & Pensioners Welfare O.M No.38/37/08 P&PW dated 1-9-2008 same proviso has been incorporated at para 4.2 thereof.
         d)    The Department of Pension & Pensioners Welfare through their clarificatory O.M. No.38/37/08 - P&PW (A) pt. 1 dated 3-10-2008 however modified the para 4.2 of their OM dated 1-9-2008 as under:
                 The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay from which the pensioner is retired) plus grade pay corresponding to the prerevised pay scale.”
         e)    In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the pre revised pay scale from which the pensioner had retired.
         f)     This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A. No.655/2010). Hon’ble Tribunal in their order dated 1-11-2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3-10-2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1-1-2006 based on Government Resolution dates 29-8-2008.
         g)   Government of India challenged the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29-4-2013 upholding the decision of the Tribunal.
                Government of India then filed the following S.L. Ps etc.
                (i)    SLP (C) No.23055/2013 dismissed on 29-7-2013.
                (ii)   Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
                (iii)  Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
                Thus the CAT verdict dated 1-11-2011 attained legal finality.
                On 15-5-2014 the Hon’ble CAT Principal Bench New Delhi disposed of the contempt petition No.158/2012 directing the Union of India to implement the directions of the Tribunal expeditiously, preferably within three months”.

3.      The Department of Pension & Pensioners Welfare in their letter No.38/77-A/09-P&PW(A) dated 29-5-2014 written to the Secretary of Petitioner Associaiton (Central Govt. SAG (S-29) Pensioners Association) has stated that as per the directions of Hon’ble CAT their order dated 1-11-2011 is required to be implemented “only in respect of Petitioners in O.A. No.655/2010 and not in respect of all pre 2006 retirees as per the Tribunals order dated 1-11-2011.
         
          There is no such direction that it should be implemented only in respect of Petitioners. May be that Government Advocate had indicated that Government is willing to implement the judgment qua petitioners but the Tribunal had disposed of the contempt Petition by directing the Union of India to implement their directions dated 1-11-2011 expeditiously.

4.      It will not be out of place to mention here that in response to answer to Lok Sabha unstarred question No.3406 Govt. replied that  the above directions of the CAT Principal Bench had already been implemented in respect of all pre 2006 retirees but from an arbitrarily fixed date of 24-9-2012 (vide Department of Pension & Pensioners Welfare O.M. F.No.38/40/12 P&PW(A) dated 28-1-2013) This order was not restricted only to members of the Petitioners Association. Accordingly the direction to implement it wef 1-1-2006 issued by the CAT has to be implemented in respect of all pre 2006 retirees also.
M. Krishnan
                                                                                                               Secretary General
Confederation
Mob: 09447068125
            e-mail: mkrishnan6854@gmail.com

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