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  • Saturday, 1 August 2015

    Pre-2006 pensioners having less than 33 years of service not affected by DOPPW circular dated 30/07/2017

     Sequence of events in pre-2006 pensioners case
    The First case OA 655/2010 was field in CAT PB by S-29( Railway officers who are having more than 33 years of service) association pleading for Modified parity to pre-2006 pensioners.
    Another three set of petitions were filed by others pleading for full parity with post 2006 pensioners including 50% pension to less than 33 years of service in CAT PB & cases numbered OA/3079/2009,OA 0306/2010,OA 0507/2010.
    The CAT PB clubbed all the three cases together & heard the argument. The judgement was also given together in all these four cases.
    The Govt filed appeal in DHC against the verdict of CAT PB & again all these four cases Numbered WP(C) 1535/2012(Modified parity only), 2348-2350/2012(Full parity & 50%) were clubbed & heard by DHC.The judgements were given together but under respective cases.
     Here Govt filed a curative petition in SC together & could not succeed.
    Here after the Govt splitted the cases & filed an SLP in SC numbered SLP (C) 23055/2013  only against WP(C) 1535 (OA 655/2010 for modified parity only)  & the SC dismissed the SLP. Consequently the Govt paid the amount to Members of the petitioners only.
     After this The Govt filed SLP in SC against the verdict of DHC in rest of the 3 cases 2348-2350/2012 & the cases numbered by SC as SLP(C) 36148-36150/2013(Full parity & 50%) were heard together & dismissed on 17/03/2015 & ordered to pay the arrears w.e.f.01/01/2006 with in 4 months .The deadline for compliance of this judgement has expired on 17/07/2015.The petitioners of SLP 36148-50 have to approach the SC for contempt of court for non-implementation of court order.The recent Circular dated 30/07/2015 issued by DOPPW is only extending the applicability of judgement in OA 655/2010 to applicants other than petitioners in the above case.Hence this Circular have no effect on the pre2006 pensioners who are having less than 33 years of service.
    Please click this link to refer Circular Dated 30/07/2015
    2) Please click this link to refer Circular dated 28/01/2013  
    IN THE HIGH COURT OF DELHI AT NEW DELHI
    W.P.(C)2348/2012,W.P.(C)2349/2012,W.P.(C)2350/2012
    Date of Decision: April 29, 2013
        PARA-26.of judgement
    It  is for the aforesaid reasons,we remark that there is no need to go into the legal nuances. Simple solution is to give effect to the resolution dated29.08.2008 whereby recommendations of the 6 th Central Pay Commission were accepted with certain modifications. We find force in the submission of learned counsel for the petitioners that subsequent OMs dated 03.10.2008 and 14.10.2008 were not in consonance with that resolution. Once we find that this resolution ensures that “the fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pee-revised pay scale from which the pensioner had retired”, this would clearly mean that the pay of the retiree i.e. who retired before 01.01.2006 is to be brought corresponding to the revised pay scale as per 6th Central Pay Commission and then it has to be ensured that pension fixed is such that it is not lower than 50% of the minimum of the pay in the band and the grade pay thereon. As a result, all these petitions succeed and mandamus is issued to the respondents to re-fix the pension of the petitioners accordingly within a period of two months and pay the arrears of pension within two months. In case, the arrears are not paid within a period of two months,it will also carry interest @ 9% w.e.f. 01.03.2013. There shall, however, be no order as to cost.

    28 comments :

    1. The pensioners having 33 years Qualifying service at their credit would get pension @ of basic pension *2.26 or minimum of their pay scale last held * 1.86 + gp whichever is higher.
      For example in pay scale of Rs. 7500 -250-12000 the pension in the initial or lower stages would be revised as follows vide DOPPW MEMO dtd. 30th July.
      Stage Pension Revised
      7500 8475 9375
      7750 8758 9375
      8000 9040 9375
      8250 9323 9375

      In all higher stages pension is already more than Rs.9375.In a few cases pensioners might had retired in above lower stages.Because after putting 33 years service in rare cases cg employees retire in initial stages of a 5th cpc pay scale. ( voluntary retiree).But they are getting prorata pension. Hence out side the scope of memo dated 28-1-13 or 30-7-15.So how much arears would have accumulated?

      ReplyDelete
      Replies
      1. Subject: Pre-2006 central pensioners
        Assumptions:
        1.Pre-2006 scale:7500-250-12000
        2.Post-2006 pay band: 9300-34800 + GP 4800
        3.Pre-2006 Basic Pension (BP), including DP, on 31-12-2005: 3500

        Computation of Post-2006 Pension:
        1.Post-2006 Pension, on 1-1-2006, as per OM No. 38/37/08-P&PW(A) dt.1-9-2008: 3500x2,26: 7910
        2.Re-fixed pension, as per OM No.38/37/08-P&PW(A)dt28-01-2013, Or New Basic Pension:[(7500 X 1.86) + 4800]/2=18,750/2=9375
        3. Difference in pension,due, as from 1-1-2006:9375 - 7910 = 1465
        4. Arrear,due from 1-1-2006 to 30-6-2015, as per para 4 of OM No. 38/37/08-P&PW(A)dt. 30-7-2015: 1465 X 168.6 = 2,46,999/-

        Note:168.6 is the factor that represents the accumulated value of Dearness Relief (six-monthly sanctions of DR from 1-1-2006 to 30-6-2015)

        Delete
    2. Subject: Pre-2006 central pensioners
      Assumptions:
      1.Pre-2006 scale:7500-250-12000
      2.Post-2006 pay band: 9300-34800 + GP 4800
      3.Pre-2006 Basic Pension (BP), including DP, on 31-12-2005: 3500

      Computation of Post-2006 Pension:
      1.Post-2006 Pension, on 1-1-2006, as per OM No. 38/37/08-P&PW(A) dt.1-9-2008: 3500x2,26: 7910
      2.Re-fixed pension, as per OM No.38/37/08-P&PW(A)dt28-01-2013, Or New Basic Pension:[(7500 X 1.86) + 4800]/2=18,750/2=9375
      3. Difference in pension,due, as from 1-1-2006:9375 - 7910 = 1465
      4. Arrear,due from 1-1-2006 to 30-6-2015, as per para 4 of OM No. 38/37/08-P&PW(A)dt. 30-7-2015: 1465 X 168.6 = 2,46,999/-

      Note:168.6 is the factor that represents the accumulated value of Dearness Relief (six-monthly sanctions of DR from 1-1-2006 to 30-6-2015)

      ReplyDelete
    3. Retired on 4.3.89 with less than 33 years service i.e.29 years 6 months service.
      Pay on 4.3.89 Rs 6300/- in scale of pay 5900-200-6700.
      corresponding pay scale on 1.1.1996--S29-18400-500-22400
      corresponding pay scale on 1.1.2006--PB4-37400-67,000 + G.P. Rs.10,000/-
      What will be the pension as on 1.1.2006 as per DOP Circular dt. 31.7.2015.
      I presume that pro-rata reduction will not apply now.

      Your advice pl.

      Imayan

      ReplyDelete
      Replies
      1. As per simple calculation of your pension in the pay band of Rs.37000_67000+GP 100 00 your basic pension is:-
        47000÷2=23500 @50% of the minimum band pay.
        Prorata Pension
        Rs. 23500*30÷33= Rs.21364

        Delete
    4. Dear Aunomous,
      Your assumption of pension of Rs. 3500/- is not true.Pension for 33 years Q.S. can not be less than Rs.3750/- ie 50% of minimum of pay scale in the scale of Rs. 7500-250-12000. In the case you referred pension would be 3750 *2.26 =Rs. 8475/- after 1/1/06. Vide memo dated 1/9/08 and Rs. 9375 vide memo dated 28/1/2013
      D1 = Rs. 900.
      Arears 900 *168.6 = Rs.151740 only.
      In case of pensioners with less than 33 years Q.S. pension would be pro rata basis as under:-

      3750*31/33=3523
      As per memo dated 1/9/08
      3523*2.26=7962.
      As per memo.dated 28/1/13
      7500*1.86+4800=1875=9375
      9375*31/33=8707
      D1=8707-7962=Rs 745
      Arear=745*168.6=Rs. 125607 only
      .

      ReplyDelete
    5. Imayan ji.
      As of now your pension is subject to parata reduction.Because you have 29.5 years Q.S.It would be easy to me to calculate your correct pension if you mention your present as well as pre -2006 pension.Even if you are drawing more than Rs.23500 /-it is also on prorata basis and against the sprit of resolution dtd 29/08/2008 02 GOI.THANKS.

      ReplyDelete
    6. In continuation of my latest post I would like to apprise of as under:-
      Since minimum of corresponding band stand revised to Rs.37400/-
      Revised pension of s2 is as under :-18400*1.86+10000=54700
      Basic pension=27350
      Prorata pension =Rs..24864 pl correct.

      ReplyDelete
    7. I have retired from 1-9-2005, having 33 years service in pay scale 5000-150-8000, with basic pension of Rs.4437/- The revised pay band scale from 1.1.2006 is 9300 -34800 and my revised pension fixed as Rs.6750/- from 1.1.2006. At the time of my retirement my is Rs. 6050/- 10 months average pension is Rs. 4437 x 2=8874.Whether I am getting arrears under 2.26 fitment formula benefits. Please confirm

      ReplyDelete
    8. Thanks Labh Singh Ji. I thought pro-rata reduction will not apply in my case.

      ReplyDelete
    9. Here AFT order as mentioned by Major Navdeep Singh has not brought
      in.The question is whatever arrears on pension for pre 2006 pensioners
      has to be paid from 1.01.2006 instead of 24.9.2006.This is the main
      Point of issuing universal order on SC verdict.Kindly take up the case
      accordingly.

      ReplyDelete
      Replies
      1. For Prabhakar Puremella ji
        In response to your query it is intimated that your pension of Rs 6750 is correctly fixed.There fore no question of Arears arise.You may mention Basic pay without DP drawn by you during last 10 months of your service to reply me more authentically. I think you hAve got promotion during last 10 months of your service.

        Delete
    10. I retired from the Railway in Apr 2004 with 22 years of service. My last pay drawn was Rs 10200/- and average emoluments Rs 9998/-. My pension was fixed at Rs 3333/- and my pension has been increased to Rs 5022/- as per the 6th CPC. As per the CAT JUDGEMENT of 21 Apr 2015 I am entitled to receive Rs 6750/- pension from 1.1.2006 onwards thus arrears of pension (6750-5022) from 1.1.2006 onwards.Kindly clarify me if my contents are correct.

      ReplyDelete
    11. Dear Rajamanickam ji

      In case PB CAT NEW DELHI JUDGEMENT dated 21/04/2015 is implimented for all pensioners your pension will be revised to Rs.7684/-
      It is presumed that you were drawing last pay of Rs.6800+DP Rs3400=10200 .

      ReplyDelete

    12. what is the calculation of pre 2006 pensioners who retired from 1.4.2004 to 31-12-2005 under Para 4.1. of O.M 38/37/08 P&PW(A) dated 1-9-2008 .and 30-7-2015 Orders in respect of para 4.1

      ReplyDelete
    13. Shri Labh Singhji,
      I have requested specific or working details for eligibility of Rs 7684/-as I could not find any thing so far. Pleased be kind to enlighten me in this regard for which I shall be much grateful.

      ReplyDelete
    14. Shri Rajamanickam ji
      Answer to your query is in para 4.1 of DOP&PW Memo no.38/37/08-dop&pw dated. 1/9/2008.
      Formula for revision of pension as per 6cpc is :-

      1 Basic pension+ 86% DA as on 1/1/2006+40% fitment on basic pension .Simply it is equal to basic pension× 2.26.
      AS you were drawing Rs. 10200/-(Basic pay 6800+ DP 3400).So only basic pay of Rs 6800 were taken as Base for revision of pension.And Dr of Rs 3400 was consists of 50 %DA merged we 1/4/2004 and 36 % DA as on 1/1/2006.40% was fitment of 6cpc.Total worked out=1.26.
      So your pension is to be calculated 50% of Rd. 6800=3400.
      Revised pension as on 1/1/2006 is

      3400×2.26=7686.as per CAT NEW DELHI orders did. 22/11/2014.
      Contempt petition for implementation of same order is pending in pb cat New Delhi.

      ReplyDelete
    15. Shri Rajamanickamji.

      1.Your basic pay was 6800

      2. DP=3400.

      3 DA=36%.

      4.Revised Pension= 3400 2.26= Rs 7686 .
      Subject to implementation of CAT Order.

      ReplyDelete
      Replies
      1. Shri Labh Singhji,

        Thank you for your clarification in a very understanding manner. I sincerely hope that every thing will be in our favor.

        Delete
    16. Shri prabhakerhi.

      A.4.1 Basic pension×2.26.

      B.30/07/2015=50% of Minimum of payscale of 5cpc held by retiree increased by 1.86+ GP applicable to pay scale last held.

      ReplyDelete
    17. Prabhakerji-

      A 4.1 basic pension×2.26.-

      B 30/7/2015 50% of the sum of minimum pay in payband+gp applicable to the corresponding pay scale from which the pensioner had retired.
      E.g.I retire in the pay scale of 7500-250-12000
      My pay of 7500 increased by 86%=13950+gp 4800=18750/2=9350

      ReplyDelete
    18. I SOME HOW FORGOT TO MENTION THE YEAR OF V R S. I MAY ADD HERE THAT I TOOK V R S 0N 30.04.94 AFTER COMPLETING 26 Y 10 M 27 DAYS (QUALIFYING SERVICE).

      ReplyDelete
    19. order dt30-7-2015 covers that there will be no pro rata deduction is it correct ??.pl clarify.

      ReplyDelete
    20. Shri Labh Singhji,
      I once again thank you for better guidance. As government has agreed to implement CAT judgement now I am to work out arrears for 10 years. So I need your earnest help. As already stated I am eligible for pension of Rs 7686 as per CAT judgement or if I am given 50 percent I will be getting Rs 6750 from jan 2006. I shall very much thankful if you could give me as to a formula to calculate my arrears as I was getting Rs 5022 prorata pension. It is really a great achievement.

      ReplyDelete
    21. Shri Labh Singhji.
      I am anxiously anticipating your reply to my mail of 16 Feb 2016 since I consider your reply as authentic. Please be kind to guide me for I shall be very much thankful.
      K Rajamanickam
      21 Feb 2016.

      ReplyDelete
    22. K Rajamanickam27 July 2016 at 07:04

      Shri Labh Singhji,
      I have received revised PPO for monthly pension of 6750 however, it will be mere waste to discuss with the administration and I am anticipating clear CAT order for implementation of full pension then only I will get enhanced pension. Hope you will agree correct position.

      ReplyDelete
    23. I took VRS at 24 years service. When enquired, for full pension notional fixation they state that it shall not be granted .This is ,in spite of CAT judgement for grant of full pension to all who have completed 10/20years service, fixation has to be done afresh,since, pro rata re fixed pension is more than 50 % of minimum of pay band plus grade pay. What should I do?

      ReplyDelete