Delinking of qualifying service of 33 years for pre 2006 Pensioners for Revising Pension

Delinking of qualifying service of 33 years for pre 2006 Pensioners for Revising Pension

The revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay even if they had qualifying service of less than 33 years at the time of retirement

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-110 003.
Dated the 06th April, 2016

OFFICE MEMORANDUM

Sub:- Revision of pension of pre-2006 pensioners — delinking of revised pension from qualifying service of 33 years.

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 pre-revised 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 the 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. 1/1/2008-IC dated 30th August, 2008, Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010 and three other connected DAs 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. Orders were issued vide this Department’s OM of even number dated 28.1.2013 for stepping up of pension of pre-2006 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 retired. Para 5 of this OM provides that 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.

4. Subsequently, in compliance of the order dated 1.11.2011 of the Hon’ble CAT, Principal Bench in OA No. 655/2010, order dated 29.4.2013 of Hon’ble High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon’ble Supreme Court in SLP (C) No. 36148/2013, order were issued vide this Department’s OM of even number dated 30.7.2015 that the pension/family pension of all pre — 2006 pensioners/family pensioners may be revised in accordance with this Department’s O.M. No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012.

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5. In accordance with the order issued in implementation of the recommendation of the 6th CPC, the pension of Government servants retired/retiring on or after 1.1.2006 has been delinked from qualifying service of 33 years. In OA No. 715/2012 filed by Ski. M.O. Inasu, a pre-2006 pensioner, Hon’ble CAT, Ernakulam Bench, vide its order dated 16.8.2013 directed that the revised pension w.e.f. 1.1.2006 under para 4.2 of OM dated 1.9.2008 would not be reduced based on the qualifying service of less than 33 years. The appeals filed by Department of Revenue in the Hon’ble High Court of Kerala and in the Hon’ble Supreme Court have also been dismissed. Similar orders have been passed by Hon’ble CAT/High Court in several other cases also.

6. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It has-now been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Department’s OM of even number dated 28.1.2013 would stand deleted. The arrears of revised pension would be payable with effect from 1.1.2006.

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 for revising the pension of all those pre – 2006 pensioners who had rendered less than 33 years of qualifying service at the time of retirement in the manner as indicated above on top priority. Revised Pension Payment Orders in all these cases may also be issued immediately.

8. All pension disbursing offices/banks are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

9. This issues with the approval of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 2(9)/EV/2015, dated 15.3.2016.

10. Hindi version will follow.

SEE THE DoPPW OFFICE MEMORANDUM 

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17 thoughts on “Delinking of qualifying service of 33 years for pre 2006 Pensioners for Revising Pension”

  1. kalyanchoudhury

    a historic judgement pronounce & final pp&w order dt 6/4/16 will cover all pensioner .with link dt 28/1/13 table showing minimum pay band not pensioner last basic pay .large no of pensioner not get this benefit. only high GP benefit .

  2. Raghavendran Raghunathan

    I retired on VRS on 31/05/2002 with 26 years and two months of service.My doubt is whether I will fixed at the minimum of scale or will I be given credit for my extra 6 years service than 20 years,I retired on scale of 6500-200-10500.My last pay basic drawn was at Rs.7700/-.Will any one clarify at what amount of Pension I will be fixed from 01/01/2006.
    With kind regards,

  3. P Chandrasekaran

    Thanks to the Government of India for. Granting full pension whose service is less than 33 years that is also w.e.f 01-01-2006.

  4. Asim Kumar Das

    My question is that whether this amendment will be applicable for enhancing the pension for those whose revised pension has been fixed as par fitment table , which is less than 50% of the minimum corresponding pay band+grade pay in respect of his retiring scale of pay. Whetherall the pre-2006 pensioners will be benefitted whose qualifing service period is less than 33 yrs but above 20 yrs.

  5. Asim Kumar Das

    My doubt is that whether one pre-2006 pensioner will be benefitted by this revised order , whose Q_service is less than 33 yrs but whose pro rata pension has been fitted in the fitment table is higher than 50% of the minimum of the revised scale pay plus grade pay during fixation of pension as on 1.1.2006.

  6. V.jayalakshmi

    Very very good news for the VRS penrioners for eligibility of full pension of ee years. Thanks to central govt. Pensioner Association for their hardwork and thnks to NDA govt. For its approval and grant.

  7. i have taken VRS from space department in 2004 APRIL. i got pension at the rate of 33% . i did service of 20years 3months +weaitage of 5 years. can i get benifit of pre 2006 pensioner. (50% instead of 33%)

  8. mangal sain sethi

    Thanks to govt for issuing such happy news, but there is some doubt whether pre-2006 pro- rata pensioners who have drawn 100% commuatation and absorbed in CAB will also befited of full pension
    wef 1/1/2006. Any one can help in giving reply. thanks

  9. mangal sain sethi

    Thanks to govt for issuing such happy news, but there is some doubt whether pro-m rata pensioners who have drawn 100% commuatation
    are also eligible and absorbed in CAB in pre-2006

  10. Mr Aurobindo Bo Your query reg eligibility of this order to your mother. This is a case relating to Pensioners only not Family Pensioner. The rules regarding family pension has no bearing with qualifying service. Hence she is not entitled.

  11. m narsimhareddy

    pensioners are happy that the the central government and bureaucracy had finally accepted the reasoning of pensioners associations and various tribunals and court judjements and issued orders to re fix pension of pre 2006 retirees by granting 50%of the minimum of the pay in the pay band and grade pay even they had qualifying service of less than 33 years at the time of retirement.

  12. Madhavan Nair

    It is very fortunate if it is implemented by defenc ministry too as early as possible.

  13. ALL INDIA DRDO TECH. OFFICERS' ASSN. (AIDTOA)

    A Great Victory to Pre-2006 Pensioners

    After a long battle the pre-2006 pensioners got another issue sorted out with the Government conceding grant of full pension to pre-2006 pensioners with less than 33 years but with 20 years of service as recommended by 6th CPC! This comes after the Govt deciding to extend the judgment given out by Supreme Court in the case of Inasu from Kerala.

    Now all those pre-2006 pensioners who got only proportionate pension for want of 33 years qualifying service, will get the refixation from 1.1.2006 and get arrears also.

  14. aurobinda bose

    my mother is a railway family pensioners.my father expired in july 2000.can my mother get benefit of latest order regarding Delinking of qualifying service of 33 years for pre 2006 Pensioners for Revising Pension?if any one knows something please reply.

  15. JAGJEET/ SUDARSHAN AHLUWALIA

    O M dated 6th April 2006 allowing full pension to less than 33 years service has to cover central universities like Delhi University. This be sent to Chairman University Commission , all Vice chancellors of central universities with the advise to revise pension of university teachers immediately.

  16. ROYAL BENJAMIN

    Best gift to pre-2006 Pensioners on auspicious day of Hindu New Year celebrations by NDA Govt,
    which is pragmatic & practical. Thanks a lot on behalf of lakhs of
    PENSIONERS.

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