Pre-2006 PBOR Defence Pensioners to get revised pension from 1st January 2006 intead of 24.09.2012 as per Hon’ble Supreme Court Decision for revision of pre-2006 Defence and Civilian Pensioners on the basis of revised fitment Table
After implementation of 6th Pay Commission, Defence Pension in respect of Pre-2006 Defence Pensioners was fixed as per Ministry’s letter No. 17(4)/2008(1)/D (Pen/Pol) dated 11.11.2008 which ensured that revised pension shall in no case be lower than fifty percent and thirty percent respectively, of the minimum of the Pay in 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 and “X” group pay where applicable. Since, this fixation resulted in lot of pension anomaly, Defence Pensioners sought legal remedy. After, Defence Pensioners got favourable orders, 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 the revised fitment table given in this order in line with Civilian Pensioner who have also been granted similar revision of pension from 01.01.2006.
In case, the consolidated pension/family pension calculated as per Para 4.1 of this Ministry’s letter No. 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 is higher than the pension/family pension calculated in the fitment table given in this order dated 03.09.2015, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/ family pension
When revised pension in terms of GO, MOD letter No.PC-10(1)/2009-D(Pen/Pol) dated 08.03.2010 and No. 1(13)/2012/D(Pen/Policy) dated 17.01.2013 is higher than the rate indicated in this Order dated 03.09.2015, then the same will continue to be treated as basic pension/family pension from 1.07.2009 and 24.09.2012 respectively.
Defence pensioners retired in Commissioned Officers rank have also been issued with similar orders.
Revision of Pension of Pre-2006 Commissioned Officer Pensioners and Family Pensioners with effect from 1st January 2006
No 1(04)/2015(II)-D(Pen/Pol)
Government of India
Ministry of Defence
D(Pension/Policy)
New Delhi, Dated: 3rd September, 2015
To
The Chief of Army Staff
The Chief of Naval Staff
The Chief of Air Staff
Subject: – Revision of pension in r/o of Pre-2006 JCOs/ORs 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 for implementation of government decision on the recommendations of the Sixth CPC for revision of pension/family pension in respect of Pre-2006 Armed Forces pensioners/family pensioners. As per previsions 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 pensioners 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 in 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 and “X” group pay where applicable.
2. Now, after issue of GOI, Ministry of Personnel, PG & Pensioners, Department of Pension & Pensioners’ Welfare
OM No. 38/37/08-P & PW (A) dated 30.07.2015, it has been decided that with effect from 01.01.2006 pension/family pension of Pre-2006 JCOs/ORs Pensioners/family pensioners shall be determined as fifty and thirty percent respectively of the minimum of the fitment table for the Rank in the revised Pay Band as indicated under fitment tables annexed with 1/S/2008 as amended and equivalent instructions for Navy and Air Force, plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/invalided out/died including Military Service Pay and X group pay.
3. However, in case, the consolidated pension/family pension calculated as per Para 4.1 of this Ministry’s letter No. 17(4)/2008(1)/D(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. However, where revised pension in terms of GO, MOD letter No.PC-10(1)/2009-D(Pen/Pol) dated 08.03.2010 and
No. 1(13)/2012/D(Pen/Policy) dated 17.01.2013 is higher than the rate indicated in annexure attached with this letter then the same will continue to be treated as basic pension/family pension from 1.07.2009 and 24.09.2012 respectively.
4. Accordingly, revised tables indicating minimum guaranteed pension/ Ordinary Family Pension has been annexed as annexure-A ( Army pensioners), Annexure -B (Air Force pensioners), and Annexure-C (Navy pensioners) to this letter. Pension Disbursing Authorities are hereby authorized to step up the pension/family pension of the affected pre-2006 pensioners where the existing pension being paid to the pensioners in terms of this Ministry’s above letter dated 11.11.2008 as amended, is less than the rate of pension indicated in above said annexure. Necessary implementation instructions to all concerned shall be issued by Principal CDA (Pensions), Allahabad on receipt of these orders.
5. All other terms and conditions shall remain unchanged.
6. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be allowed from 01.01.2006 up to the date where revised pension/family pension in terms of 601, MOD letter No. PC 10(1)/2009-D (Pen/Pol) dated 08.03.2010 and
No. 1(13)/2012/D(Pen/Policy) dated 17.01.2013 is paid.
7. This issues with concurrence of FinanceDivision 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.
8. Hindi version will follow.
Yours faithfully
sd/-
(R. K. Arora)
Under Secretary to the Government of India
Download Ministry of Defence Order No 1(04)/2015(II)-D(Pen/Pol) 03.09.2015 for revision of pre-2006 defence pension in respect of PBOR
