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.153512012 in respect ofOA 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 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 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/2011- Vol.1I dated 24.7.2015. 9. Hindi version will follow.
Harjit Singh Deputy Secretary to the Government of India
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