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Pension Arrears from 01.01.2006 as per Court Order: Govt reply in Parliament

The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide this Department’s OM No.38/37/08-P&PW (A) dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008. 
The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees. 
A Writ Petition was filed in the Hon’ble High Court of Delhi challenging the above mentioned order. In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India. 

This SLP came up for hearing recently on 29.7.2013 before the Hon. Supreme Court and has been dismissed. [click here to see]
The above information submitted by Min of Personnel, Public Grievances & Pensions in reply of undermentioned Lok Sabha Question:-
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
ANSWERED ON   07.08.2013

DELAY IN PAYMENT OF ARREARS TO PENSIONERS

670 . Shri VILAS BABURAO MUTTEMWAR
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) the reasons for inordinate delay in implementation of Hon`ble High Court`s order to give effect to the payment of arrears w.e.f. 01.01.2006 to pensioners retired before 2006; 
(b) whether the Government have received representations from employees organizations and other bodies in this regard; and 
(c) if so, the details thereof and the reaction of the Government on the representations?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY) 
(a) to (c): *** see above ***

Source: Lok Sabha Q&A

lok+sabha+unstarred+question+670

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COMMENTS

WORDPRESS: 13
  • HONY CAPT AVTARSINGH 7 years ago

    Sir, I retired from Army on 01/09/2006 as Hony Lt in active service and my pension was fixed Rs 13500/- pm from my date of retirement. The same was revised to Rs 15465/- pm wef 24/09/2012 due to anomaly noticed in 6th PC. However, SC in its verdict ruled that the anomaly notices at later date in 6th PC to be paid from 01/01/2006 on case filed by pre 01/01/2006 retirees. The same has been implemented for the pre 01/01/2006 and post 01/01/2006 retirees have been left in lurk. On approaching PCDA pension Allahabad they replied that they have not received the instr to pay the arrears to post 01/01/2006 retirees and which is an injustice to post 01/01/2006 retirees and now created an anomaly for them. Post 01/01/2006 retirees are also entitled for revision of their pension from their date of retirement to 23/09/2016 as per SC verdict. Govt should pay attention to resolve this problem to avoid rushing the post 01/01/2006 retirees to The Court to get justice done to them.

  • Ramesh Sharma 7 years ago

    Science=reason to believe.Hence we believe things that are reasonable and scientific in the present era.
    Ramesh

  • The Minister Reply is again a marry go round. They are replaying the old tricks of minimum of pay band .
    Why not exact as per new pay scale uniformly applicable to all pensioners irrespective of date of retirement considering the group or trade , rank last held & length of service.They are again upto playing dirty tricks.

  • Anonymous 10 years ago

    Sir, I retired as Sub Maj & Hony Lt on 31-10-2008(AN) from ASC Recordes(South) and receiving my basic pension of Rs 15465/- wef 24-09-2012. As per latest Supereme Court verdict that arrears of revised pension is to paid wef 01-01-2006 and not wef 24-09-2012. I would like to know that can I eligible to get this benefit of Supereme Court verdict wef 01-11-2008 (ie date of my retirement). Kindly confirm and clarify at an early date. Thanking you in anticipation. Yours Sincerely, Sub Maj & Hony Capt KL Saini, Panchkula

  • Anonymous 10 years ago

    Sir, I have received corrigendum PPO increasing my basic pension Rs 15465/- p.m. w.e.f. 24-09-2012. As per latest Supereme Court Verdict, that arrears is to be paid wef 01-01-2006 to all pensioners also. I retired on 31-10-2008 of the rank of Sub Maj & Hony Lt and PCDA(P) has fixed my pension wef 24-09-2012. I would like to know that can I am eligible to get the benefit of Supereme Court verdict wef 01-11-2008 ie from the date of my retirement and not wef 24-09-2012. Kindly clarify and early response is requested. Thanks a lot. With best regards. Yours Sincerely, Sub Maj & Hony Capt KL Saini, Panchkula

  • Anonymous 10 years ago

    As per Supreme court verdict, that arrears to be paid wef 01-01-2006 to all the pensioners. The banks need DOP&T/ Govt instructions in this regards to fix pension wef 1.1.2006 and to give arrears of their pension from the date of their retirement before 2006. Kindly expedite DOP&T and get the letter issued to all concerned for fixation and release of pension to pensioners. This will be a great financial help to pensioners.
    With best regards.
    Pensioner

  • Anonymous 10 years ago

    Since CDA(P) Allahabad has issued corrigendum PPO of the post 2006 retirees pensioners also for the pension increased wef 24-09-2012. We would like to know that as per latest Supereme court verdict, that arrears to be paid wef 01-01-2006 to all the pensioners. Are are post 2006 pensioners eligible to get the arrears of their pension from the date of their retirement after 01-01-2006. Kindly clarify.

  • What action the Government of India has taken to pay the arrears to the pre-2006 pensioners after the the Special Leave Petition by the Government of India was dismissed by the Honourable Supreme Courts on July 29, 2013 ? What is the justification by referring an OM No. 38/37/08-P&PW(A) dated September 01, 2008.
    The verdict to implement the benefit of Pension to pre-2006 pensioners according to the 6th Pay commission was issued by the Central Administrative Tribunal on November 01, 2011.A Special Leave Petition was filed by the Government of India in the Honourable Supreme Courts and . But it was dismissed July 29, 2013.

    Accordingly the Government is bound to issue fresh Orders with clear instructions without using the English words with double meaning immediately, to benefit the Lakhs of Pensioners who are spending their end period of their lives. Let the Government not to make tactics to delay the benefits by giving vague reply to straight questions in the Parliament.

    Hope Mr. Narayanaswamy will come to senses and do the needful.

    Jai Hind

    With best regards

    Damodaraan Sasidharan

    slp cam up for hearing

  • in mp n.o. got 1800 gred pay which is not good comprision to dearness and hard work.so l think minimum gred pay for n.o. woud be 2800.

  • Anonymous 11 years ago

    ALL PENSIONERS MUST KNOW THAT THEIR IS A BLUE BOOKS IN ALL PENSIONERS OFFICE.BANK CANNOT GIVE PENSION IN THEIR OWN DIRECTION IF GOVT.CANNOT SEND PAY ORDERS THROUGH THEIR OFFICE TO THE BANK WHETHER THE PENSIONERS ARE LIVING OR DEAD.

  • Sir, the GOD is in our favour.The government is being put to losses due to pensioner's pension being refused. If the government hurt them by Rs.10/= it is put to loss at least by a lac times.The painful suffering of Pre= 1986 wounded and Family Pensioners cannot be tolerated by any soul what to speak of ALMIGHTY. It is in action but not being realised by the AUTHORITIES. It is very painful and not worth mentioning. GOD may look after Prnsioners/ Family Pensioners. Regards. Daya Shanker Lal Srivastava Ex MCPO II, Mumbai. (09869657053).

  • Anonymous 11 years ago

    The reply given DOES NOT give any information asto the IMPLEMENTATION OF SC ORDER
    I think the Hon Member could be advised to raise this matter by giving a notice under Rule 115 of Parliamentary Procedures of LOK SABHA to seek further clarifications
    Also a contempt Petition may be filed in HON SC
    DPKHANDELWAL
    ADVOCATE,Former Officer of LOK SABHA SECTT & a MUNICIPAL MAGISTRATE DELHI

  • Anonymous 11 years ago

    in Bihar LDC got 1900 gred pay which is not good comprision to dearness and hard work.so l think minimum gred pay for LDC woud be 2800.