Public Notice for addressing anomalies on One Rank One Pension

F. No. 12(39)/2015/D(Pen/Pol)(Part-V)

Ministry of Defence

Department of Ex-servicemen Welfare

D(Pension/Policy)

New Delhi, Dated 13.04.2016

Public Notice for addressing anomalies on One Rank One Pension (OROP)

Government of India, Ministry of Defence, Department of Ex-Servicemen Welfare vide notification No. 12(1)/2014/D(Pen/Pol)/Part-II dated 07.11.2015 issued orders for implementation of One Rank One Pension (OROP) scheme for Defence pensioners. Detailed implementation orders of OROP with 101 tables containing revised pensions of different ranks and categories have also been issued by MoD, DESW vide order No. 12(1)/2014/D(Pen/Policy)-Part-II dated 03.02.2016 and uploaded on the website of DESW at www.desw.gov.in. The Pension Disbursing Agencies (PDAs) have been authorized to carry out revision of pension of pre 1.7.2014 pensioners drawing pension as on 1.7.2014 in terms of MoD order dated 3.2.2016 with applicable rates of Dearness relief without calling for any applications from the pensioners and without any further authorization from the Pension Sanctioning Authorities concerned.

2. All affected Defence Forces pensioners of various categories, Pensioners’ Association and all concerned authorities are requested to take note of these orders for their information and further necessary action.

3. In order to take cognizance of anomalies that may arise in implementation of OROP orders, its implication on service matters including inter-services issues, Government has appointed a one-member Judicial committee headed by Justice L. Narasimha Reddy, retired Chief Justice of Patna High Court vide MoD notification No. 12(01)/2014-D (pen/Pol)-Part¬II dated 14th December, 2015.

4. Defence Forces pensioners/family pensioners, Defence Pensioners’ Associations can submit their representation, suggestions/views on the revised pension as notified under above orders, to the MoD, DESW through post or by email at addresses mentioned below by 29th April 2016

Postal Address: Under Secretary/D(Pension/Policy)

Room No. 220A, B’ Wing

Sena Bhawan, New Delhi-110011

Email ID:us-pen-pol@desw.gov.in

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