No. 38/37/08-P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3
rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-ll0 003.
Dated the 06
th 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. 1I112008-ICdated 30
th August, 2008. Hon’ble CAT, Principal
Bench, New Delhi vide its common order dated 1.11.2011 in OA No.65512010 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. 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.
5. In accordance with the order issued in implementation of the recommendation of
the 6
th 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 Shri.
M.O. Inasu, a pre-2006 pensioner, Hon’ble CAT, Emakulam 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 CATlHigh 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 prerevised
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 AccountslPay 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 officeslbanks 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.
I.
,..””t
(S~
Deputy Secretary to the Government of India
To
1. All MinistrieslDepartments of Government of India. (as per standard mailing
list).
2. All SCOV A Members
3. All identified Pensioners Association
Copy to (i) NIC Cell for uploading on the web site of the Department.
(ii) AD (OL), DoPPW for Hindi Version