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Reasons for Difference in Method of Revison of Pre-2006 Pension between Commissioned Officers and PBORs

Reasons for Difference in Method of Revison of Pre-2006 Pension between Commissioned Officers and PBORs – Indianmilitary.info blog has come up with a detailed study on method of revision of Pension of Pre-2006 Armed forces Commissioned Officers and PBORs

Ministry of Defence recently issued following two Orders / Circulars for revision of pension of pre-2006 Commissioned Officers pensioners and also Pre-2006 PBOR (JCOs/ORs) Pensioners with effect from 1st January 2006 in line with Department of Pension Office Memorandum dated 30.07.2015 for revision of pre-2006 Pension for retired Central Government Employees.

MOD order dated 03.09.2015 – Commissioned Officer Defence Pensioners to get revised pension with effect from 1st January 2006

MOD order dated 03.09.2015 – Pre-2006 PBOR Defence Pensioners to get revised pension from 1st January 2006

In fact, all these developments are based on Hon’ble Supreme Court decisions in the cases filed by Pre-2006 Armed Forces Pensioners and Central Government pensioners for rectifying Pension anomaly while fixing the pension as per 6th CPC implementation.

Check this link for detailed information on pre-2006 Pensioners’ case for revision of Pension.

As far as Orders dated 03.09.2015 issued by Ministry of Defence is concerned, there was an apparent difference between the method of revision of pension for Commissioned officers and that of PBORs with respect to date of effect. While Revision of Pension of Commissioned officers which was earlier give effect from 24.09.2012, was revised to 1st January 2006.

However, in respect of Revision of Pension of Pre-2006 Armed Forces PBORs (JCOs and ORs), effect of revision of pre-2006 Pension based on rank as per the minimum pension table given in order dated 03.09.2015, was applicable from 1st January 2006 to 31st Jun 2009 since Armed Forces pensioners other than commissioned officers were already granted revised pension with effect from 1st July 2009 on the basis of highest pay of 5th CPC scale.

As a result of this revision, the minimum pension ensured for pensioners as well as family pensioners is in all cases higher than than the minimum pension / family pension ensured as per the minimum pension table given in latest revision of pension order dated 03.09.2015.

Indianmilitary.info has provided the reasons for difference in the method of revision of pension of Armed Forces Commissioned Officers and PBORs (JCO/ORs). For clarity in this issue we have given the same below

Irresponsible Chain Mails on pensions of Jawans and JCOs: IndianMilitary.info
Though the instant post was not ideally required, but I feel compelled to throw light on a subject, which, since the last few days has led to a massive disinformation campaign fuelled by irresponsible chain-mails regarding pensionary benefits of ranks other than Commissioned Officers.
As was brought out in the last post on this blog, the Government has issued the sanction order implementing the Supreme Court decision on removal of a pensionary anomaly with effect from 01 Jan 2006, that is, the date of implementation of the 6th Central Pay Commission (6th CPC) recommendations. There have been mails floating around and queries raised that the benefit as granted to Commissioned Officers and Civilians on 24 Sept 2012 has now been applied from 01 Jan 2006 but similar benefit has not been extended to ranks other than Commissioned Officers. Some mails have been nauseatingly abusive towards the Government and some have raised needless irresponsible conspiracy theories.
Let me attempt to clarify this issue for the benefit of readers.
When the 6th CPC recommendations were implemented, the pensions of pre-2006 retirees were fixed at 50% of the minimum of the applicable pay band with effect from 01 Jan 2006 rather than the pay within the pay band for each rank according to fitment tables. This was implemented for all Central Govt pensioners, irrespective of rank or service. This was objected to by pensioners and led to massive litigation since as per pensioners, the pensions were to be based on minimum of pay within the pay band for each rank/grade and not the minimum of the pay band itself.
While this controversy was simmering, the Government introduced a new system of pension calculation for ranks other than Commissioned Officers wherein they scrapped the system of minimum of the pay band but initiated a system of calculation by taking the maximum of the 5th CPC scales fitted notionally into the new 6th CPC pay bands and alongwith enhanced weightages. This new system came into force on 01 July 2009. The weightages were further enhanced with effect from 24 Sept 2012. Hence, the controversy of minimum of pay band vis-a-vis minimum of pay for each rank/grade within the pay band became redundant for ranks other than Commissioned Officers with effect from 01 July 2009 but the said anomaly continued to hold field for Commissioned Officers and Civilians. Ranks other than Commissioned Officers who were now fixed on notional top of the 5th CPC scales w.e.f 01 June 2009 were however hit by the minimum of pay band vis-a-vis minimum of pay within the pay band anomaly from 01 Jan 2006 till 30 June 2009.
On the other hand, in the case of Commissioned Officers and Civilian retirees, the pension continued to be based on minimum of pay of the pay band itself and later the Government itself rectified the anomaly with effect from 24 Sept 2012 and provided that from Sept 2012 onwards the pension would be based on minimum of pay for each rank/grade within the pay band. The letter was issued in Jan 2013 with retrospective effect from Sept 2012. Various Tribunals and more importantly the Delhi High Court however ruled that the removal of the anomaly would have to be effectuated from 01 Jan 2006 rather than the future artificial cut-off date of 24 Sept 2012, and the said decision was ultimately affirmed by the Supreme Court.
In implementation of the decision of the Delhi High Court affirmed by the Supreme Court, the Government has issued the implementation instructions under question. For ranks other than Commissioned Officers, the instructions would apply from 01 Jan 2006 till 30 June 2009 since from 01 July 2009 onwards the anomaly stood removed and rendered redundant since all such personnel were as it is fixed on notional top of scales. For Commissioned Officers and Civilian pensioners, the instructions would apply from 01 Jan 2006 till 23 Sept 2012 since the anomaly was only removed on 23 Sept 2012.
Those who are cursing the Government and Commissioned Officers and Civilian pensioners must realize the contours of the controversy before jumping the gun based on half-baked information. It is for the information of all, that pre-2006 retiree ranks other than Commissioned Officers are granted pensions based on notional maximum while Commissioned Officers and Civilians are granted pensions based on notional minimum within the pay band. The Government letter rather protects the enhanced pensions of Jawans and JCOs from 01 July 2009/24 Sept 2012 and this should have brought joy to such pensioners, even if the arrears are not that massive, rather than disaffection.
Please do not go by chain-mails being circulated based on half baked information of self styled experts since reliance on such information leads to needless frustration based on non-existent controversies.

Source: Militaryinfo

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