PRE-2006 PENSIONERS - FIXATION CASE
1.
After reading our earlier website write up (Sl.2) on the above subject, some
readers have sought the details of the case.
2.
The facts of the case briefly stated are as under:
a) The VI CPC in para 5.1.47 of their report recommended that
the fixation of revised pension as per the table given by them “will be subject
to the provision that the revised pension, in no case, shall be lower than
fifty percent of sum of the minimum of the pay in the pay band and the grade
pay thereon corresponding to the prerevised pay scale from which the pensioner
had retired”.
b) The Government of India in their Resolution
No.38/37/08-P&PW(A) dated 29-8-2008 accepted the above proviso by
reproducing it per verbatim at item 12 of the statement showing the relevant
recommendations and decision of the Government thereon (vide Annexure to the
said Resolution).
c) In Department of Pension & Pensioners Welfare O.M
No.38/37/08 P&PW dated 1-9-2008 same proviso has been incorporated at para
4.2 thereof.
d) The Department of Pension & Pensioners
Welfare through their clarificatory O.M. No.38/37/08 - P&PW (A) pt. 1 dated
3-10-2008 however modified the para 4.2 of their OM dated 1-9-2008 as under:
The pension calculated at 50% of the
minimum of pay in the pay band plus grade pay would be calculated (i) at the
minimum pay in the pay band (irrespective of the prerevised scale of pay from
which the pensioner is retired) plus grade pay corresponding to the prerevised
pay scale.”
e) In other words in all cases it would be minimum pay of the
pay band which would be taken and not the minimum pay in the pay band
corresponding to the pre revised pay scale from which the pensioner had
retired.
f) This clarification was challenged by the Central
Government SAG (S-29) Pensioners Association in Principal Bench of the Central
Administrative Tribunal (vide O.A. No.655/2010). Hon’ble Tribunal in their
order dated 1-11-2011 quashed the above clarificatory order of Department of
Pension & Pensioners Welfare dated 3-10-2008 and directed the respondents
refix the pension of all pre 2006 retirees with effect from 1-1-2006 based on
Government Resolution dates 29-8-2008.
g) Government of India challenged the above decision of the said
Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed
by the High Court vide their order dated 29-4-2013 upholding the decision of
the Tribunal.
Government of India then filed the following S.L. Ps etc.
(i) SLP (C) No.23055/2013 dismissed on 29-7-2013.
(ii) Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
(iii) Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
Thus the CAT verdict dated 1-11-2011 attained legal finality.
On 15-5-2014 the Hon’ble CAT Principal Bench New Delhi disposed of the contempt
petition No.158/2012 directing the Union of India to implement the directions
of the Tribunal expeditiously, preferably within three months”.
3.
The Department of Pension & Pensioners Welfare in their letter
No.38/77-A/09-P&PW(A) dated 29-5-2014 written to the Secretary of
Petitioner Associaiton (Central Govt. SAG (S-29) Pensioners Association) has
stated that as per the directions of Hon’ble CAT their order dated 1-11-2011 is
required to be implemented “only in respect of Petitioners in O.A. No.655/2010
and not in respect of all pre 2006 retirees as per the Tribunals order dated
1-11-2011.
There
is no such direction that it should be implemented only in respect of
Petitioners. May be that Government Advocate had indicated that Government is
willing to implement the judgment qua petitioners but the Tribunal had disposed
of the contempt Petition by directing the Union of India to implement their
directions dated 1-11-2011 expeditiously.
4.
It will not be out of place to mention here that in response to answer to Lok
Sabha unstarred question No.3406 Govt. replied that the above directions
of the CAT Principal Bench had already been implemented in respect of all pre
2006 retirees but from an arbitrarily fixed date of 24-9-2012 (vide Department
of Pension & Pensioners Welfare O.M. F.No.38/40/12 P&PW(A) dated
28-1-2013) This order was not restricted only to members of the Petitioners
Association. Accordingly the direction to implement it wef 1-1-2006 issued by
the CAT has to be implemented in respect of all pre 2006 retirees also.
M.
Krishnan
Secretary
General
Confederation
Mob:
09447068125
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