Monday, May 6, 2013

Pensioners rejoice-Delhi HC says those retired before 2006 will get pension according to Sixth Pay Commission

The Delhi High Court has held that all government employees who retired even before 2006 will get revised pension according to the Sixth Central Pay Commission.
Rejecting the government's plea that the pre-2006 employees would get the increased pension only from 2012, the court directed the authorities to give retired employees the increased pension from 2006 itself.
The sixth pay commission, which had raised the salaries of government employees by a significant amount, was implemented in 2006.
The landmark judgment would almost double the pension amount of the government employees, including both Central government and state government employees.
A bench of Justices Pradeep Nandrajog and V. Kameswar Rao gave strict directions to the government to give the arrear to the pensioners within two months. The court said if the government fails to do so, it will have to pay the pending amount to the retired employees at a whopping interest of 9 per cent.
The bench said, "Mandamus is issued to the respondents to refix the pension of the petitioners accordingly within a period of two months. In case, the arrears are not paid within a period of two months, it will also carry interest at 9 per cent with effect from 01.03.2013."
The court was hearing an appeal filed by the Central government challenging the Central Administrative Tribunal's (CAT) 2009 order which had said that government employees who retired before 2006 were also entitled to the benefits of the sixth pay commission.
The CAT had passed the order on a petition filed by the Central Government Pensioners Association. While ruling in favour of the employees, the high court bench pointed out that even the government has admitted that employees who retired prior to 2006 deserved revised pension as per the sixth pay commission.
The bench said, "The government of India has tacitly admitted that it was in the wrong and that the tribunal is correct. We conclude by noting that as regards the substance of the view taken by the Tribunal, even the Central Government accepts its correctness, but insists to make the same applicable prospectively."
The government proposed that those employees who retired before 2006 be given revised pension from 2012 but not 2006 as pleaded by the Central Government Pensioners Association. The court, however, ruled in favour of the employees.


  1. What about grant of pension to majors for Lt Col (TS) rank who retired with more than 13 years to 20 years 11 and half months commissioned service before 30 Nov 2004 plus their ranks service to count for pension benefits like me having 39 years 55 days(19 years six months 7 days commissioned service) service? Even with Rs.18205 pension, they are deprived of full major rank pension as it is for even one years major service pension.being minimum fixed for major.

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  2. Maj Nazar Sir, there are many of us sailing in same boat. I think RDOA is right platform to handle this issue. If you manage to get consent of RDOA dignitaries, we all shall join you and offer all desired services/support, as need be.

    Good luck and regards.

  3. Is it fair on the part of govt, that the pre-2006 employees would get the increased pension only from 2012 & serving people get from 2006. Similarly, After DA crosses 50 % of basic salary, the serving people get extra benefit in allowances But pensioners get no benefit ?. Is it right in the law? After High court ruling , still no response from govt .JAI GOVT , & JAI INDIA