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Revision of pension of pre-2006 pensioners- Payment of Arrears from 01.01.2006: DoPPW Order

Revision of pension of pre-2006 pensioners- DPPW order dated 30th July 2015

"Accordingly, in compliance with the above judicial pronouncements, it has been decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of24.9.2012. Further, this benefit has already been granted to the Applicants in OA No. 655/2010 vide OM of even No. dated 26/08/2014 read with OM dated 19/09/2015 following dismissal of SLP (C) No.23055/2013 by the Hon’ble Supreme Court."

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 prerevised pay 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 the minimum 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, New Delhi inter alia claiming that the revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No.l/1/2008-IC dated 30th August, 2008. Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.201lin OA No.655/2010 and three other connected OAs directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006 based on the Resolution dated 29.8.2008 of the Department of Pension & Pensioners’ Welfare and in the light of the observations of Hon’ble CAT in that order.

3. The above order was challenged by the Government by filing Writ Petition No.1535/2012 in respect of OA No. 655/2010 and WP No.2348-50/12 in respect of the three other connected OAs in the High Court of Delhi. The Hon’ble High Court in Its common Order dated 29.4.2013 noted that the DoP&PW had, in the meanwhile, issued an OM No.38/37/08-P&PW (A) dated 28.1.2013 which provided for stepping up of pension of pre2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner had retired. Hon’ble High Court observed that the only issue which survived was, with reference to Paragraph 9 of OM dated 28.1.2013 which makes it applicable w.e.f. 24.9.2012 instead of 1.1.2006. Hon’ble High Court of Delhi dismissed the Writ Petition No.1535/20 12 along with three other Writ Petitions vide its order dated 29.4.2013. Special Leave Petitions (No.23055/2013 and No.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 been decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of24.9.2012. Further, this benefit has already been granted to the Applicants in OA No. 655/2010 vide OM of even No. dated 26/08/2014 read with OM dated 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/2011Vol.1I dated 24.7.2015.

9. Hindi version will follow.

Sd/-
(Harjit Singh)
Deputy Secretary to the Government of India


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COMMENTS

BLOGGER: 33
  1. This is the victory against the injustice done to pensioners/family pensioners of pre 2006.Any how God is Great,The Hon'ble Supreme court on 17.3.2015 by his order dismissing all SLP's filed by UOI given great relief to poor/old aged pensioners/family pensioners living in different parts of INdia and they are not able to get this order by their own.Thanks to S-29 pensioners,Bharat pension Samaj,RSCWS and other pensioner associations for getting positive orders from Apex Court.In this case we have seen so many up and downs in these years.After dismissal of SLP, Curative and Revision ,UOI filed three more SLP's to avoid arrears from 1.1.2006 and even after legal advice implemented in REM only applicants of S-29 petition not in Personna i.e. applicable to all pre 2006 pensioners but God is Great,the Hon'ble Apex Court confirmed the CAT order upheld by Hon'ble HC-Delhi and given some enlightment to our Bureaucrates appointed in DOPT for their whimsicul/shameful acts.

    ReplyDelete
  2. The OM dated 30-07-2015 is still NOT proper. The issue of Qualifying Service is not clarified in the said OM. There is a non-application of mind. The Hon'able Courts have clearly held that those pre-2006 pensioners having QS more than 20 years of service and less than 33 years of service are also entitled full pension. Formula of proportionate reduction is NOT applicable simply because the same has already applied while fixing the pension of all pre-2006 retirees as per 5th CPC formula. The principle of QS can not be applied again and again while fixing the pension. OM dated 3.10.2008 and 14.10.2008 has already been quashed and set aside by the Hn'able Court in OA 655/2010 and in other 3OAs, as pronounced in their Judgment dated 01-11-2011. It is submitted please carefully read the judgment and order dated 01-11-2011 in OA 655/2010 etc. and issue the appropriate orders. Hope the concerned Officials of DOP&PW will follow the Judicial pronouncement. Regards. Dr. D. K. Jain

    ReplyDelete
  3. After so many appeals ,Special Leave Petitions,Review Petition and CURATIVE Petition,finally pre-2006
    retirees succeeded .after SEVEN years.This should have been rectified in 2008 itself.But rectified in 2015.Thanks to the Department of pension &pensioners welfare.All the pre-2006retirees should give our sincere thanks to Shri.S.C.Maheshwari,Secretary-General ,Bharat Pensioners Samaj,NewDelhi for his continued efforts in getting this arrear.All must contribute their donations liberally and join as Members in the BPS. By Thandavakrishnan, a pre-2006 retiree.

    ReplyDelete
  4. Dr.jain raised a pertinent point. Various CAT benches have given their judgements to grant full pension as per the figment table to all those pre-2006 pensioners with 20 yrs.Q.S. The present OM dated 30th. Is silent about this important class of pensioners again making an artificial class within the class. Even the verdict of the apex court is seems to be neglected driving all of us to courts. Gafoor khan, Kollam

    ReplyDelete
    Replies
    1. All Veterans are invited to look into the GOI MOD Order dt.30.9.2016 on de-linking of 33 years Qualifying Service for Pension and the pension is to be paid even if the Q.S. is less than 33 yrs without any pro-rata reduction in pension w.e.f.1.1.2006 (R)1.1.2006.

      Under OROP Orders which is effective only from 1.7.2014 is also to be revised as per the above orders of GOI MOD dt.30.9.2016 without any pro-rata reduction in pension in respect of those retired/discharged/Invalided out personnel before arriving at the basic pension as per 7th CPC orders. I request that the DOPPW/Secy.ESW will look into this aspect and issue suitable orders. I also request all the Pensionrs' Associations to co-ordinate with GOI MOD in this regard.

      Delete
  5. Thanks each person connected with this achievement.

    ReplyDelete
  6. lato ke bhut baato se nahi mante!!! Hon SC gave strict order dismissing all SLPs of UOI. and with no alternate, OM is issued. Dudh ka dudh , pani ka pani akhir ho gaya!!!

    ReplyDelete
  7. with ref to the pensioners welfare department letter dated 30/7/2015 the following points need clarification
    1 does the letter cover this category of defence pensioners also.
    2 have the pdas been given executive instructions in this regard?
    3 will the prorata calculation for pensioners with more than 20 yrs of service but less than 33 yrs to continue? the apex court have also struck down the system and has directed the government to pay full pension to all those who have completed more than 20 yrs of recon able service
    The PDAs have categorically stated that with regard to defense pensioners unless the receive a specific circular in this regard from PCDA-pensions they will take no action.There seems to be no action by either the M O D or the PCDA pension to address the issue even after 10 days of issuance of directive from Govt of India. will some one move.

    ReplyDelete
  8. I have retired pre-2006 (i.e 1984) thanks to Govt.(BJP) and every person connected with this programe.

    ReplyDelete
  9. However, ambiguity persists. As per the 6 CPC report, 20 years is the qualifying service for full pension. In other words, such of those pre-2006 pensioners who have put in service between 20 and 33 years are entitled to full pension. This aspect has been disregarded by the Government vide Para 5 of OM.F No.38/37/08-P&PW(A)dt.28-01-2013 which still speaks of pro-rata pension. This is an anomaly, considering the fact that the qualifying service of 33 years for full pension is no longer relevant, and further that one is now entitled to full pension after reaching the critical mass of 20 years. The anomaly needs redress. This point of reference should be made applicable to all pre-2006 retirees.

    ReplyDelete
  10. Please take up the matter with MOD and PCDA why they are not issued any instructions for payment of arrears wef 1-1-2006 to 23-09-2012 to the effected personnel.

    ReplyDelete
  11. they might be busy in finalising or linking it with OROP issue

    ReplyDelete
  12. PLEASE take up a case for exservicemen also .They have still not issued ant letter.PCDA AND MOD MAY PLEASE BE ASKED TO EXPEDITE.

    ReplyDelete
  13. Hope that the CPAO will issue instructions to all pension drawing Authorities to draw the arrears to the eligible pre-2006 retirees,as was done by the PDCA vide circular dated 14-8-2015 without any more delay

    ReplyDelete
  14. GP Karan : Still , anomalies are existing . As per the 6 CPC report, 20 years is the qualifying service for full pension. In other words, such of those pre-2006 pensioners who have put in service between 20 and 33 years are entitled to full pension. This aspect seems to be over looked by the Government vide Para 5 of OM.F No.38/37/08-P&PW(A)dt.28-01-2013 which still speaks of pro-rata pension. This is an anomaly, considering the fact that the qualifying service of 33 years for full pension is no longer relevant, and further that one is now entitled to full pension after reaching the critical mass of 20 years. The anomaly needs redress. This point of reference should be made applicable to all pre-2006 retirees.
    Pro-rate pension granted retiree's 50% pension when they retired has also not been accounted for in the arrears calculated sheet published by the Government. These anomalies need rectification and accordingly the arrears calculated and paid. It may also please be elucidated when the arrears be paid.

    ReplyDelete
  15. Instrucions can be passed over night if there is willing ness to address the greavances. COMPUTERISATION serves the purpose at the tinckle of command to a software to calculate it with in seconds. Various heads of of software companies world over are Indians.

    ReplyDelete
  16. As per scale+grade pay.pb3 15000_ 39000.
    What should be my pension for 15 yr service.

    ReplyDelete
  17. I am ch.artificer from Navy. Pre 1973.
    X gr .presently getting 6977/-- basic.
    Grade pay 6600
    Scale as per 2013 15000_ 39500.

    ReplyDelete
  18. As per scale+grade pay.pb3 15000_ 39000.
    What should be my pension for 15 yr service.

    ReplyDelete
  19. Many many thanks to all for there efforts in getting benefits to allof us needy people .......cheers !!

    ReplyDelete
  20. V.VENKATAKRISHNAN - CHENNAI-44
    November 12 2015
    God is great. Revision of pension for pre-2006 retirees is really encouraging in my old age . But my own doubt is whether the payment of arrears will be done in my life time. Beacause the the court judgement is in july 2015. It is more than 3 months, the benefit has not reached the pensioner. The work is being done at very low pace. concerned govt department should think of the mental agony experienced by the old pensioners. Let them feel pity for the oldest pensioners group and render their service to them at the earliest.

    ReplyDelete
  21. V.VENKATAKRISHNAN - CHENNAI-44
    November 12 2015
    God is great. Revision of pension for pre-2006 retirees is really encouraging in my old age . But my own doubt is whether the payment of arrears will be done in my life time. Beacause the the court judgement is in july 2015. It is more than 3 months, the benefit has not reached the pensioner. The work is being done at very low pace. concerned govt department should think of the mental agony experienced by the old pensioners. Let them feel pity for the oldest pensioners group and render their service to them at the earliest.

    ReplyDelete
    Replies
    1. The correct revision of pension of pre-2006 pension was never priority of DOPPW since long.This is confirmed by the number of occasions it ordered revision of pension of pre-2006 pensioners. (1/9/08.,3/10/08,14/10/08,28/01/13.30/07/16 and 6/04/16)
      All above orders were issued with intension to eat pensioners interest on delayed pension areas.
      On the part of ppo's issuing authorities they are least interested in complying with orders of DOPPW orders.Consequently a large number of cases of pre-2006 pensioners have been revised on the unrevised pensions.
      There for the message apprehensions of Venkata Krishnan seems true.

      Delete
  22. When OROP Table to be publish? If at all published then please inform.

    ReplyDelete
  23. supreme court dvara aadeshit hone k bad bhi arriar dene mai deri kyo

    ReplyDelete
  24. There s a confusion on pbor (navy) getting t arrears for revision of pension pre -2006.The concernrd authorities should publish t amount of arrears rankwise & based on t length of service. Because there r different news on t amount of arrears pensioners r getting at different banks.

    ReplyDelete
  25. There s a confusion on pbor (navy) getting t arrears for revision of pension pre -2006.The concernrd authorities should publish t amount of arrears rankwise & based on t length of service. Because there r different news on t amount of arrears pensioners r getting at different banks.

    ReplyDelete
  26. Abdul Aleem Qidwai pre 2006 pensioner86 year old Arrears have not been credited in my account nor my full pension has been fixed despite my petitions to grievience cell and SBi regional head effice chandni chowk De lhi They do not reply please expedite bothissues thanks

    ReplyDelete
  27. hirdsyash Kumar
    . I am retired from Indian navy as POME and drawing pension of leading seamen my basic pension is rs.5154 . how can I calculate my revised pension. kindly reply
    my email I'd hirdeshk46@gmail.com

    ReplyDelete
  28. Will the state govt employees also get this benifite of revised pension ????

    ReplyDelete
  29. The result obtained is due to relentless effort by our exservicemen league specially under maj gen Satbir singh.Many thanks to him and his team of exservicemen who lent their hands.
    It shows you have to make yourself heard by various means and methods which thus far men in uniform were a disciplined lot and they dare NOT do so to raise their voice for their rightful rights.However I thank and congratulate all for the achievements!

    ReplyDelete
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Scheme,1,Post Graduate Allowance,3,post office,259,Postal Assistant,5,Postman,5,PPF,16,PPF Scheme,10,PPO,75,Pragati,5,Pre-1996,7,Pre-2006,59,Pre-2016 Pensioners,114,pre-retirement counselling,19,Presenting Officer,1,Principal CAT,2,Printing Press,1,PRIS,22,probation,11,Professional Update Allowance,1,Project Allowance,1,Project Dantak Bhutan,3,Promotions,210,Provisional Pension,11,public grievances,8,Public Provident Fund,9,punctuality,1,Qualification Pay,5,qualifying service,41,Railway Concession Form,3,Railway Servants (Pass) Rules,31,Railways,1098,Railways Training Centre,7,Rajbhasha,40,Rajya Sabha QA,38,Rank Pay,23,Ration Money Allowance,8,RBI Circular,18,Re-employed ex-serviceman,60,Receipt Payment Rules,15,Recovery,16,Recruitment,215,Recruitment rules,181,Refreshment Rates,1,RELHS,18,Rent Free Accommodation Allowance,1,Reply to 7th CPC,12,requisition to SSC,3,Research Pay Matrix,3,reservation,162,Reservist Pension,1,residency period,5,Resignation,9,Rest Allowance,1,Restricted Leave,3,Retired Employee,52,Retired officers as Consultant,35,Retirement Adviser,1,retirement age,91,Retirement Road Map,75,review of records,2,revised pay rules,76,Right to Information Act 2012,4,Right to Information Act 2017,2,Right to Public Service Act,1,Risk Allowance,26,roster,3,Rotational Transfer Policy,17,Rounding Off,2,RTI,70,RTI Call Centre,4,rti online certificate course,2,Rule 10,1,Rule 16(3),1,running staff,44,Safai Karamcharies,1,Safety Cadre,2,Sainik School,3,Salary Disbursement,31,Sankalp,27,Sanskriti Schools,3,SAS Examination,8,Saving Bank Allowance,2,sc,29,scholarship Scheme,5,Schools,8,Scientific and Technical Posts,18,Scouts-Guides,4,SCOVA,69,Secretarial Assistance,1,Security Allowance,1,Self attestation,7,Self-certification,7,Senior Citizens,26,Seniority,18,Sensitive Posts,3,Service Book,17,Service Verification,6,Seventh Pay Commission,2020,Seventh Pay Commission Report,355,Sexual Harassment,27,Shramev Jayate,1,shunting duty allowance,3,Siachen Allowance,1,Sitting 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Central Government Employee News and Tools: Revision of pension of pre-2006 pensioners- Payment of Arrears from 01.01.2006: DoPPW Order
Revision of pension of pre-2006 pensioners- Payment of Arrears from 01.01.2006: DoPPW Order
Accordingly, in compliance with the above judicial pronouncements, it has been decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of24.9.2012.
Central Government Employee News and Tools
http://www.staffnews.in/2015/07/revision-of-pension-of-pre-2006.html
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