Commissioned Officer Defence Pensioners to get revised pension with effect from 1st January 2006 as per Apex Court Decision for fixing the pension as per revised Concordance Table as in the case of Civilian Pensioners
While 6th CPC Pension was fixed in 2008, it was ordered that Pre-2006 Defence Pension was fixed at the minimum of the pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired. After Defence Pensioners fought their case citing anomaly in Pension before Tribunal, High Court and as well as Hon’ble Supreme Court, Govt revised the Pension by taking minimum of fitment table for the Rank in the revised pay band and grade pay with effect from 24.09.2012. However, Defence Pensoners approached Hon’ble Suprement Court for revising their Pre-2006 Pension with effect from 1st January 2006.
Hon’ble Supreme Court considered the plea in favour of pre-2006 Defence pensioners and dismissed Department’s appeal. Now All Defence Pensioners retired in the rank of Commissioned officers will be entitled for revision of Penion with effect from 1st January 2006, as per fitment table given in MOD order dated 17.01.2013, in line with Civilian Pensioner who have also been granted similar revision of pension from 01.01.2006
Defence pensioners retired in PBOR have also been issued with similar orders.
No 1(04)/2015(l)-D(Pen/Pol)Government of IndiaMinistry of DefenceD(Pension/Policy)New Delhi, Dated: 3rd September, 2015
The Chief of Army Staff
The Chief of Naval Staff
The Chief of Air Staff
Subject-Revision of pension of pre-2006 Commissioned Officer pensioners/ family pensioners.The undersigned is directed to refer to this Ministry’s letter No, 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended, issued in implementation of government decision on the recommendations of the Sixth CPC for revision of pension/ family pension in respect of Pre-2006 Armed Forces pensioner/family pensioners. As per provisions contained in Para 5 therein, with effect from 01.01.2006 revised pension and revised ordinary family pension of all pre-2006 Armed Forces pensioners/ family pensions determined in terms of fitment formula laid down in Para 4.1 above said letter dated 11.11.2008, shall in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged/ invalided out/died including Military Service Pay where applicable.2. The above minimum guaranteed pension was revised,vide GOI, MOD letter No.1(11) 2012-D(Pen/ Policy) dated 17.01.2013 with effect from 24,09,2012, at the rate of minimum of fitment table for the Rank in the revised pay band as indicated under fitment table annexed with SAI 2/S/2008 and SA]. 4/S/2008 as amended, plus Grade pay corresponding to the pre-revised scale from which the pensioner had retired / discharged/ invalided out/died including Military Service Pay.3. Now, after issue of GOI, Ministry of Personnel. PG & Pensioners, Department of Pension & Pension Welfare OM No. 38/37/08-P & PW (A) dated 30.07.2015, it has been decided that the pension/family pension of all pre.2006 pensioners/family pensioners may be revised in accordance with Para 2 with effect from 01.01.2006 instead of 24.09.2012.4. In case the consolidated pension/family pension calculated as per Para 4.1 of this Ministry’s letter No. 17(4)/2008(1)/O(Pen/Pol) dated 11.11.2008 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.5. Accordingly, revised tables indicating minimum guaranteed pension ordinary family pension for Indian Commissioned Officers which is annexed with GOI, MOD letter No.1(11) 2012-D(Pen/ Policy) dated 17.01.2013, shall be effective with effect from 01.01.2006 instead of 24.09.2012. Pension Disbursing Authorities are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners/ family pensioners with effect from 01.01.2006 instead of 24.09.2012 and arrear of pension/ family pension will be paid.6. All other terms and conditions shall remain unchanged.7. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be allowed from 01.01.2006 to 23.09.2012.8. This issues with concurrence of Finance Division of this Ministry vide their ID No. 22(5)/2015/Fin/Pen dated 25.08.2015 and Ministry of. Finance, Department of expenditure vide their ID No. 1(12)/EV/2015 dated 2.9.2015.9. Hindi version will follow.R. K. AroraUnder Secretary to the Government of India