CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1St Floor, North Avenue PO Building, New Delhi – 110001
Dated – 16.11.2016
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioner’s Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi – 110003
Sub: – Revision of pension of pre-2006 pensioners – delinking of revised pension from qualifying service of 33 years – amendment requested.
Ref: – Your OM No. 38/37/08-P&PW(A) dated 06.04.2016.
Please refer to your OM No. referred above. In Para-6 of the OM reads as follows:
“It has now been decided that the revised consolidated pension of pre-2006 pensioners shall not be Iowerthan 50% of the minimum of the pay in the pay Band and Grade Pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service less than 33 years at the time of retirement.”
As per OM No. 38/86/03-P&PW (A) dated 29.08.2008 of Department of Pension and Pensioners welfare, in which the decision to implement the decision of the Govt. on 6th CPC recommendations was communicated, “pension should be paid at 50% of the average emoluments received during the last ten months, or the pay last drawn whichever is more beneficial to the retiring employee.”
The above clause of “50% of the last pay drawn” is missing in the OM No. dated 06.04.2016. when the benefit of this clause is extended to those pensioners who retired after 01.01.2006 (post 01.01.2006), it is not fair to deny the same benefit to pre-2006 pensioers, Moreover, the CAT, Principal Bench New Delhi, vide its common order on 01.11.2011, in OA 655/2010 and other 3 OAS, has directed to refix the pension of all pre-2006 retirees w.e.f 01.01.2006, based on the resolution dated 29.08.2008 of Department of pension & pensioner’s welfare. Though the above orders were challenged by the Govt, the SLP were dismissed in the Supreme Court.
The Resolution dated 29.08.2008 contains two decisions (1) delinking of the condition of 33 years and (2) calculation of pension as 50% of the last pay drawn or last ten months average pay whichever is more beneficial to the retiree. I request you to issue necessary modificatory orders to the OM dated 06.04.2016, so that the benefit of “50% of last pay drawn” will be extended to pre-2006 pensioners also.
Awaiting favourable orders.
Member JCM National Council