The Methodology & Modus operandi adopted by 7th CPC can not be Altered by OROP Revision instructions.
The existing uniform X Group Pay of Rs 1400 under the 6th CPC for X Group Technical trades has been enhanced by the 7th CPC and bifurcated into Rs 6200 and Rs 3600, based on AICTE equivalent diploma and non-AICTE respectively. This X Group Pay of Rs 6200, being eligible for the calculation of Basic Pension and Dearness Allowance for AICTE equivalent X Group trades, forms the basic structure of their Basic Pension, irrespective of the date of retirement. All pre-2016 (pre-7th CPC) AICTE equivalent X Group trade retirees have been issued revised Pension Payment Orders reflecting this revised eligibility.eligibility of Rs 6200 under 7thg CPC.
The Cabinet-approved version of the 7th Central Pay Commission (CPC) has uniformly applied the methodology for the calculation and conversion of basic pension and basic pay for Pre-2016 retirees. The first method, referred to as the Notional Method of Calculation, involves gathering data for each individual retiree from the 3rd CPC onwards, which is a time-consuming process. As a temporary measure, an alternative method, known as the Multiplication Factor Method, was introduced. This method uses a multiplication factor to adjust the existing basic pay, reckonable elements, and dearness relief until the benefits under the notional method are finalized.
Subsequently, the pension for all Pre-2016 retirees was recalculated on a notional basis. This process involved determining their basic pension or basic pay, starting from the 3rd th CPC to the 7th CPC pay matrix, and including reckonable elements under the 7th CPC, such as Military Service Pay (MSP) and X Group Pay, as applicable. This recalculation was in accordance with the Cabinet Resolution dated 05/09/2016 and PCDA Circular No. 585.
Following the notional revision of basic pension, pre-2016 retirees who were eligible for X Group Pay of Rs. 6,200 received their corrigendum EPPO’s showing their revised eligibility under 7th CPC. These orders reflected their revised basic pension under the 7th CPC pay matrix and separately mentioned their revised MSP as Rs. 5,200 and revised X Group Pay as Rs. 6,200, as applicable to X Group Technical Trades and based on eligibility, equivalent to an AICTE diploma, as notified in Air HQ Circular No. Air HQ/99141/1/AFPCC dated 08/05/2017.
While the effective date of implementation for the 7th CPC was 01/01/2016, the implementation of One Rank One Pension (OROP-2) was set from 01/07/2019. The basic pension under the 7th CPC, including all reckonable elements determined on a notional basis, forms a basic structure and integral part of the pension and serves as the basis for the calculation of OROP from 01/01/2016. The Provisions of OROP cannot be used to dispute or discriminate against a homogeneous group whose pension is legally fixed by the cabinet-approved 7th CPC including the reckonable elements of MSP and X Group Pay of Rs. 6,200, as shown in their revised EPPOs. These elements being an integral part of their pension and should be considered in any future revisions, including under OROP-2. It has has been observed by Apex courts in Many Judgement that the Recommendations of Pay Commissions which consists of technocrats & Experts drawn from relevant field can not interfered by courts.
In conclusion, any attempt to bifurcate or exclude the reckonable elements of pension already established under the 7th CPC for the purposes of OROP-2 would be arbitrary and discriminatory, as it violates the legal framework established by the Cabinet Resolution and the corresponding EPPOs. The legally mandated notional fixation of pension, with all its reckonable elements, must continue to be applied uniformly in future pension revisions, including all future revisions OROP.
