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Thursday, 7 April 2016

OM ISSUED FOR 50% PENSION FOR LESS THAN 33 YEARS



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-ll0 003.
Dated the 06th April, 2016
OFFICE MEMORANDUM
Sub:- Revision of pension of pre-2006 pensioners – de inking 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 OMof 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-revisedscale 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. 1/1/2008-ICdated 30th 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 28.1.2013for 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 6th 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 Accounts 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 offices of banks 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.
(S~
Deputy Secretary to the Government of India
To
1. All Ministriesl Departments 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

16 comments :

  1. Is this order applied to defence pensioners, retired pre Jan,2006

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  2. Dear Mr.CHANDRAN MENON,
    Please inform whether the Basic pension calculation rule is same for 20 years Q.S PRE-2006 pensioners & 20 years Q.S POST-2006 pensioners now?.

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    Replies
    1. Just refer to your pension as per the PCDA (P) Circular 500/501, identify your scale of pension and the maximum in that rank corresponding. The difference added with the DR from 01-01-2006 till the day 30-06-2014, (day preceding the OROP implementation day 01-07-2014) will be your arrears. Sit down a do a bit of arithmetic calculations. All the best.

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    2. My father service no is6598453. Are they belong to A group or B group

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    3. GROUP CANNOT BE FINDOUT WITH SERVICE NO pl refer his ppo or dischargebook trade will be written withthat we can findout group

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  3. This comment has been removed by the author.

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  4. Sir,
    My father was an exserviceman sepoy D group 16y 1m sevice retired 1981. My mother is getting family pension . Is she elgible for the orders. Plz guide us sir. Thank you....

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    Replies
    1. Yes. The difference will be for the period 01-01-2006 to 30-06-2014. Add the DR to the difference.

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  5. The PCDA (P) has given orders to the PDAs on this subject through their Circular C-149 dated 08-04-2016.

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  6. Circular c-149is only for civilians employed paid from defence.we should have to waitnext CDA circular for def persons like circular no547&548.

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  7. I am retired from Indian Navy as MCAA I in X group after 20 years of service in 1994. May I know what will be the benefits I get.

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  8. Are the OROP Benfishrees eliziable for 7th paycommision revisions

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  9. Dear veterans (jcos&ors),pl.do not get confused.for your arrears and start day dreaming.circular 501 is based on maximum notional pension not on minimum of pay in pay band.only offrs stand to gain as circular 500 is based on minimum pay in pay band.poor ors already in very low minimum scales will hardly get peanuts if cunning MOD and pcda again apply circular 547 for jcos and ors.wait till a fresh circular issued by pcda
    Order issued clearly reads as 50% of the minimum pay in payband+ gradepay corresponding thereon.
    I sincerely hope that a better sense prevails this time on babu's of MOD and they issue circular taking circular 501 as base for jcos and ors as these neglected veterans hardly get 38 to 40% of their last pay

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  10. No arrear for pre2006 exservicemen. As pending list say none is eligible.

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  11. MINISTRY WISE NUMBER OF CASES TO BE REVISED UNDER OM 6 APRIL 2016 INCLUDING OM 30 JULY 2015 (PENDENCY as on 27-04-2016)
    S.No
    Min Dept
    To be revised
    1 ACCOUNTANT GENERAL (A &E) 1514
    2 ACCOUNTANT GENERAL (H C JUDGES) 28
    3 ACCOUNTANT GENERAL (STATES) 48
    4 AGRICULTURE 953
    5 ANDAMAN & NICOBAR ISLAND ADMN 212
    6 ATOMIC ENERGY 7661
    7 CHEMICAL & FERTILIZER 41
    8 CIVIL AVIATION 546
    9 COAL 419
    10 COMMERCE & TEXTILES 827
    11 CONSUMER AFFAIR FOOD & PUB DST 467
    12 CORPORATE AFFAIRS 182
    13 DADRA & NAGAR HAVELI 5
    14 DEFENCE (CIVIL) 163
    15 DELHI ADMINISTRATION 615
    16 EARTH SCIENCES 340
    17 ELECTION COMMISSION OF INDIA 340
    18 ENVIRONMENT 1
    19 ENVIRONMENT & FORESTS 229
    20 EXTERNAL AFFAIRS 327
    21 FINANCE 1558
    22 FINANCE – C.B.E.C 2354
    23 FINANCE – C.B.D.T 2027
    24 FOOD PROCESSING INDUSTRIES 19
    25 HEALTH & FAMILY WELFARE 1496
    26 HOME AFFAIRS 58629
    27 HUMAN RESOURCES DEVELOPMENT 372
    28 INDUSTRY 664
    29 INFORMATION AND BROADCASTING 1506
    30 INFORMATION AND TECHNOLOGY 139
    31 LABOUR 591
    32 LAKSHADWEEP ADMN. 3
    33 LAW, JUSTICE AND SCI 256
    34 LOK SABHA SECRETARIAT 9
    35 MINES 1040
    36 NEW AND RENEWABLE ENERGY 22
    37 PERSONNEL, PUBLIC GRIEVANCES 367
    38 PETROLEUM AND NATURAL GAS 16
    39 PLANG, STATS & PROG. IMPLMNTN 457
    40 POWER 389
    41 PRASAR BHARTI 883
    42 PRESIDENT’S SECRETARIAT 19
    43 RAJYA SABHA SECRETARIAT 20
    44 RURAL DEVELOPMENT 32
    45 SCIENCE & TECHNOLOGY 1333
    46 SHIPPING, ROAD TRANSPORT & HIGHWAYS 424
    47 SOCIAL JUSTICE AND EMPOWERMENT 37
    48 SPACE 1169
    49 STEEL 33
    50 SUPPLY 431
    51 TELECOMMUNICATION 13
    52 URBAN DEVELOPMENT 1582
    53 UT LAKSHADWEEP 1
    54 WATER RESOURCES 839

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