GOI circular dated 28/01/2013 is nothing but an eye wash to misguide the aged pensioners. I t has not conferred full parity to pre2006 pensioners as compared to post 2006 pensioners. It provides only a name sake hike to certain pre-2006 pensioners.
Whereas the judgement in OA 655/2010 by cat PB has conferred full parity to all pre-2006 pensioners even though the petition was for modified parity & counsel has not demanded full parity. It was one of the lacuna of this petition. Once pull parity is accepted it becomes a precedent & on that basis pensioners have the bargaining power to demand full parity in future pay revisions. In the absence of such precedent, pensioners have to go to court after each& every pay revision for full parity.
The above petition has not been heard by Supreme Court but declined to interfere in the judgement of CATPB & DHC. The GOI is likely to approach the SC after contempt proceedings by CAT PB .If such eventuality arise the court is likely to hear the petition in full & it is doubtful whether full parity as per this petition can withstand the judicial scrutiny.
While this is the scenario It has come as a shot in the arm for pre2006 pensioners that another set of petition seeking full parity filed by a section of pensioners was rejected by CAT PB on the ground that similar relief had been granted in OA 655/2010.The pensioners approached DHC & got the petition referred back to CAT PB for hearing & separate judgement. The court is bound to grant full parity in this case also since full parity has been granted in OA 655/2010 even though it is not asked for.
Now coming to the implication of al the above, majority of the pensioners will not get any benefit if pension fixed as given in circular dated 28/01/2013 since the circular implies that the pre-revised scale should be equated to the minimum of the pay in the pay band in the revised scale& not the pay in the pay band of pre-revised scale to the pay in the pay band of revised scale as given in concordance table in F.NO.1/1/2008-1C DATED 30/08/2008(fitment table showing stage to stage fitment of 5th CPC pay in the pay band with 6CPC pay in the pay band) as applicable to post 2006 pensioners .This OM has given full parity (stage to stage fitment )to post 2006 pensioners.
The word MINIMUM plays a negative role in the fixation as per full parity to pre2006 pensioners. Here a pensioner of particular scale in 5th CPC having retired with maximum of the pay in the pay scale gets only minimum of the corresponding pay in the pay band as per 6thCPC instead of placing him in the maximum of the corresponding pay in the pay band as per 6th CPC.
It means a pre2006 employee retired in 5th CPC scale (S14)7500-250-12000 with a basic pay of 9500 will be placed in the minimum of the pay in the pay ban d (PB-2 ) 13950 +GP for calculation of pension as per 6thcpc .It is to be noted that his is the 8th stage of his increment & retired with a basic pay of 9500. His fitment in 8th stage of 6th CPC as per concordance table dated 30/09/2008 as applicable to post 2006 pensioners is 17670+GP. Whereas after applying the word MINIMUM instead of corresponding stage it becomes 13950+GP, the starting pay in the pay band PB2. Here you may note the difference in the total quantum of basic pension, the former case by applying modified parity formula ,a pre2006 pensioner is entitled to a pension of 13950+4800(GP)/2=9375.But in the latter case by applying full parity formula as given F.NO.1/1/2008-1C DATED 30/08/2008 a pre2006 pensioner is eligible to draw a basic pension of 17670+4800(GP)/2=11235.
This anomaly can be removed only through full parity method which provides for stage to stage fitment as granted to post 2006 pensioners as per F.NO.1/1/2008-1C DATED 30/08/2008.The above case is an example & it is applicable for all pre2006 pensioners except those who are retired in the minimum of the scale. This is the essence judgement given by CAT PB in OA 655/2010.
Another anomaly seen in the circular dated 28/01/2013 is the application of pro-rota condition to pre2006 pensioners having less than 33 years of service. Similarly Pre 2006 pay merger cases have not been taken in to consideration in the above circular.
We have to understand the effect of full parity method by which a pre2006 a pensioner irrespective of his retirement date will be able to draw a pension equivalent to one who retires today from the same post having equal length of service & equivalent basic .It takes in to account all the legitimate aspirations of pre2006 & post 2006 pensioners whether it belongs to past or future.