Most
readers would be aware that the orders regarding calculation of pension of
pre-2006 retirees based on minimum of pay within the pay band for each separate
grade/rank and not on minimum of the pay band itself, with arrears from
01-01-2006 rather than 24-09-2012, were issued for Central Government
pensioners in July 2015 by the Government as per the decision of the Delhi High
Court, which essentially followed a decision of the Punjab & Haryana High
Court, and then upheld by the Supreme Court. The High Court had held that the
anomaly (though later removed by the Government itself from 24-09-2012) had to
be removed from the date of the inception of the anomaly, that is, 01-01-2006.
Similar orders were later issued by the Ministry of Defence.
On
a similar analogy, many decisions by various Benches of the Central
Administrative Tribunal (and then upheld by the High Courts) were rendered
de-linking the service requirement of 33 years for grant of full pension for
pre-2006 retirees at par with post-2006 retirees for whom there is no such
requirement. Some Special Leave Petitions preferred by the Government against
such orders were also dismissed, though not by way of detailed decisions. The
Punjab Haryana High Court had also passed a detailed verdict on the same
subject for pensioners of the Central Armed Police Forces. Till date, the
pensions of pre-2006 pensioners with less than 33 years of service (including
weightage) were being calculated by way of proportionate reduction.
Through
this earlier post dated 22-01-2016, in view of multiple queries in this regard,
I had informed by way of general information that the matter of issuance of
orders on this subject for similarly placed retirees was being examined by the
Department of Pensions & Pensioners’ Welfare, Ministry of Law & Justice
and Ministry of Finance.
The
Department of Pensions and Pensioners’ Welfare has now issued universal orders
giving effect to the judicial decisions of the High Courts and has removed the
requirement of 33 years service for full pension. Now, irrespective of length
of service, all pre-2006 pensioners shall be eligible for full pension as is
admissible to those pre-2006 pensioners who had rendered 33 years or more
service including weightage. Full arrears are also admissible with effect from
01-01-2006. The biggest gainers would be voluntary retirees and those released
from service on medical grounds or before completing full service. The orders
can be downloaded by clicking here. Similar orders should now be issued for
defence pensioners also by the Ministry of Defence.
A
word of caution- This change would not affect the concept of One Rank One
Pension (OROP) applicable with effect from 2014 since while this development is
based on 50% of minimum emoluments introduced by the 6th Central Pay Commission
for each grade, the concept of OROP is based on live data of actual pension
based on real time emoluments as per length of service of in-service personnel.
Readers are hence requested not to mix up the two dispensations which operate
by way of separate dynamics.
We
must again place on record extreme gratitude to the Department of Pensions and
Pensioners’ Welfare functioning under Ministry of Personnel, Public Grievances
& Pensions which has once again taken a stand for all Central Government
pensioners and ensured issuance of universal directions just on simple
dismissal of a Special Leave Petition by the Supreme Court even without a
detailed order. One cannot also help but compare this with the attitude of the
Ministry of Defence which continues to file appeals against its pensioners and
disabled pensioners based on artificial distinctions even when the law has been
fully settled by the Supreme Court in a plethora of detailed landmark decisions
and which also militates against the grain of the opinion expressed by the
highest of political executive, including the Prime Minister. I however
maintain and retain full hope that the current Raksha Mantri would be able to
rein in the unruly horses.
Source: www.indianmilitary.info
