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 30th July, 2015
Office
Memorandum
Sub:- Revision
of pension of pre-2006 pensioners - reg.
The undersigned
is directed to say that as per Para 4.2 of this 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 the grade pay thereon corresponding to the
prerevisedpay 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 theminimum of pay
in the pay band plus grade pay would be calculated at the minimum of the pay in the pay
band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding
to the pre-revised pay scale.
2. Several
petitions were filed in Central Administrative Tribunal, Principal Bench, NewDelhi inter
alia claiming that the revised pension of the pre-2006 pensioners should not beless than 50%
of the minimum of the pay band + grade
pay, corresponding to the pre-revisedpay scale from
which pensioner had retired, as arrived at with reference to the fitment tablesannexed to
Ministry of Finance, Department of Expenditure OM No.l/1/2008-IC dated 30thAugust, 2008.
Hon'ble CAT, Principal Bench, New Delhi vide its common order dated1.11.201lin OA
No.655/2010 and three other connected OAs directed to re-fix the pension ofall pre-2006
retirees w.e.f. 1.1.2006 based on the Resolution dated 29.8.2008 of theDepartment of
Pension & Pensioners' Welfare and in the light of the observations of
Hon'bleCAT in that
order.
3. The above
order was challenged by the Government by filing Writ PetitionNo.153512012 in respect ofOA
No. 655/2010 and WP No.2348-50/12 in respect of the threeother connected
OAs in the High Court of Delhi. The Hon'ble High Court in Its commonOrder dated
29.4.2013 noted that the DoP&PW had, in the meanwhile, issued an OMNo.38/37/08-P&PW
(A) dated 28.1.2013 which provided for stepping up of pension of pre-2006 pensioners
w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and gradepay
corresponding to pre-revised pay scale from which the pensioner had retired.
Hon'bleHigh Court
observed that the only issue which survived was, with reference to Paragraph 9
ofOM dated
28.1.2013 which makes it applicable w.e.f. 24.9.2012 instead of 1.1.2006.
Hon'bleHigh Court of
Delhi dismissed the Writ Petition No.1535/20 12 along with three other WritPetitions vide
its order dated 29.4.2013. Special Leave Petitions (No.23055/2013 andNo.36148-50/2013)
filed
against the said order dated 29/412013 of the Hon'ble Delhi High Court have also
been dismissed by the Hon'ble Supreme Court.
4. Accordingly,
in compliance with the above judicial pronouncements, it has beendecided that
the pension/family pension of all pre-2006 pensioners/family pensioners may berevised in
accordance with this Department's OM No.38/37/08-P&PW(A) dated 28.1.2013with effect
from 1.1.2006 instead of24.9.2012. Further, this benefit has already been
grantedto the
Applicants in OA No. 655/2010 vide OM of even No. dated 26/08/2014 read with OMdated
19/09/2015 following dismissal of SLP (C) No.23055/2013 by the Hon'ble Supreme Court.
5 In case the
consolidated pension/family pension calculated as per para 4.1 of O.M.No.38/37/08-P&PW
(A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner
indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family
pension) will continue to be treated as basic pension/family pension.
6. All other
conditions-as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from
time to time shall remain unchanged.
7. Ministry of
Agriculture, etc. are requested to bring the contents of these orders to the notice of
Controller of Accounts/Pay and Accounts Officers and Attached and subordinate Offices under
them on a top priority basis. All pension disbursing offices are also advised
to prominently
display these orders on their notice boards for the benefit of pensioners.
8. This issues
with the approval of Ministry of Finance ID Note No. 1(9)/EV/2011-Vol.1I dated
24.7.2015.
9. Hindi
version will follow.
(Harjit Singh)
Deputy
Secretary to the Government of India
To
1. All
Ministries/Departments (as per standard mailing list)
2. All SCOV A
Members
3. All
identified Pensioners Associations
Copy to NIC for
uploading on the website of the Department
_____________________*__________________*___________________
Not part of Government letter
Information provided by some well wishers
Arrears Expected for Officers
from 1.1.2006
|
Maj Gen
|
Brig
|
Col
|
Lt Col
|
Maj
|
|
|
Pension
|
378299
|
310399
|
180845
|
58555
|
425435
|
|
Family Pension
|
226974
|
186242
|
108513
|
35147
|
255266
|
|
AMC/ADC
|
|||||
|
Pension
|
471574
|
407317
|
267398
|
135247
|
490228
|
|
Family Pension
|
282950
|
244382
|
160440
|
81139
|
294118
|
|
MNS
|
|||||
|
Pension
|
180845
|
0
|
0
|
425435
|
271523
|
|
Family Pension
|
108513
|
0
|
0
|
255266
|
162917
|
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