Most readers would be aware that
the orders regarding calculation of pension of pre-2006 retirees based on
minimum of pay within the pay band for each separate grade/rank and not on
minimum of the pay band itself, with arrears from 01-01-2006 rather than 24-09-2012,
were issued for Central Government pensioners in July 2015 by the Government as
per the decision of the Delhi High Court, which essentially followed a decision
of the Punjab & Haryana High Court, and then upheld by the Supreme Court.
The High Court had held that the anomaly (though later removed by the
Government itself from 24-09-2012) had to be removed from the date of the
inception of the anomaly, that is, 01-01-2006. Similar orders were later issued
by the Ministry of Defence.
On a similar analogy, many
decisions by various Benches of the Central Administrative Tribunal (and then
upheld by the High Courts) were rendered de-linking the service requirement of
33 years for grant of full pension for pre-2006 retirees at par with post-2006
retirees for whom there is no such requirement. Some Special Leave Petitions
preferred by the Government against such orders were also dismissed, though not
by way of detailed decisions. The Punjab Haryana High Court had also passed a
detailed verdict on the same subject for pensioners of the Central Armed Police
Forces. Till date, the pensions of pre-2006 pensioners with less than 33 years
of service (including weightage) were being calculated by way of proportionate
reduction.
Through this earlier post dated 22-01-2016,
in view of multiple queries in this regard, I had informed by way of general
information that the matter of issuance of orders on this subject for similarly
placed retirees was being examined by the Department of Pensions &
Pensioners’ Welfare, Ministry of Law & Justice and Ministry of Finance.
The Department of Pensions and
Pensioners’ Welfare has now issued universal orders giving effect to the
judicial decisions of the High Courts and has removed the requirement of 33
years service for full pension. Now, irrespective of length of service, all
pre-2006 pensioners shall be eligible for full pension as is admissible to
those pre-2006 pensioners who had rendered 33 years or more service including
weightage. Full arrears are also admissible with effect from 01-01-2006. The
biggest gainers would be voluntary retirees and those released from service on
medical grounds or before completing full service. The orders can be downloaded
by clicking here. Similar orders should now be issued for defence pensioners
also by the Ministry of Defence.
A word of caution- This change
would not affect the concept of One Rank One Pension (OROP) applicable with
effect from 2014 since while this development is based on 50% of minimum
emoluments introduced by the 6th Central Pay Commission for each grade, the
concept of OROP is based on live data of actual pension based on real time
emoluments as per length of service of in-service personnel. Readers are hence
requested not to mix up the two dispensations which operate by way of separate
dynamics.
We must again place on record
extreme gratitude to the Department of Pensions and Pensioners’ Welfare
functioning under Ministry of Personnel, Public Grievances & Pensions which
has once again taken a stand for all Central Government pensioners and ensured
issuance of universal directions just on simple dismissal of a Special Leave
Petition by the Supreme Court even without a detailed order. One cannot also
help but compare this with the attitude of the Ministry of Defence which
continues to file appeals against its pensioners and disabled pensioners based
on artificial distinctions even when the law has been fully settled by the
Supreme Court in a plethora of detailed landmark decisions and which also
militates against the grain of the opinion expressed by the highest of
political executive, including the Prime Minister. I however maintain and
retain full hope that the current Raksha Mantri would be able to rein in the
unruly horses.
Source: www.indianmilitary.info
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