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Pre-2006 Pensioners to get arrears from 1.1.2006 – Hon’ble Supreme Court dismissed Government’s SLP for disallowing benefits allowed by Delhi High Court on Revised Pension fixation in respect of Pre-2006 Pensioners
It may be recalled that 6CPC revised Pension was fixed for Pre-2006 Pensioners and family pensioners based on the minimum of revised pay scale corresponding to Pre-revised Scale in which the pre-2006 pensioner / deceased employee was drawing pay. This method of revised pension fixation as per 6CPC implenation orders of Government caused anomaly in pension as Employees who had retired in the higher pre-revised pay scales had to settle with the same revised pension as that of revised pension fixed for employees who retired in the lower pre-revised pay scales.
However, after a long legal battle pre-2006 pensioners could get the legal remedy in the form of a verdict by Hon’ble Delhi High Court for revision of pension. Consequently government came up Office Memorandum F.No.38/37/08-P&PW(A) dated 28.01.2013. As per this OM dated 28.01.2013, the concordance table which was used in the earlier Office Memorandum No: OM No.38/37/08-P&PW(A) dated 01.9.2008 has been revised and the pension of pre-2006 pensioners has been enhanced based on fitment table as per Ministry of Finance, Department of Expenditure OM No.l/l/2008-IC dated 30th August, 2008, which was issued for fixation of revised pay of Central Government Employees. Similarly, the family pension of Central Government family pensioners has also been enhanced based onrevised concordance Table.
To illustrate, a pensioner who retired from the pre-1996 (w.e.f 1986) pay scale of Rs.3700-125-4950-150-5700 (S-23) was fixed with post-2006 revised pension of Rs.11,600 as per OM dated 01.09.2008. Now, as per revised concordance Table in OM dated 28.01.2013, the same pensioner would be fixed with arevised enhanced pension of Rs.14,960. The differential enhanced pension in this case would Rs.3360.
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However it was ordered by Government that no arrears of pension will be paid based on this revision of Pension, as the order for enhanced pension would take effect only from 23.09.2012.
Further in this issue, Confederation of Central Government Employees and workers has now released the following information. Pre-2006 Pensioners and family pensioners have all reasons to cheer now.
The Supreme Court has dismissed the SLP (Civil) 23055/2013 filed by Union of India against Delhi High Court judgement in pre-2006 pensioners casein WP 1535/2012 upholding the CAT PB judgement and Delhi High Court judgement. The above SLP came up for hearing on 29/7/2013 and the apex court dismissed the SLP on the same day.
Pensioners will now get arrears w.e.f. 1/1/2006 if their revised pension was fixed at less than 50% percent of the minimum of the pay in the pay band including grade pay thereon in the revised scale corresponding to the pre-revised pay scale from which the pensioner has retired.
UPON hearing counsel the Court made the following order :
“We are not inclined to interfere with the order passed by the High Court. Consequently, the special leave petitions are dismissed. However, the petitioners are at liberty to raise all points before the Tribunal as and when the appeal”.
More details in this issue would be updated soon