No full pension on completion of 20 years - who retired before 2.9.2008

No full pension on completion of 20 years - who retired before 2.9.2008

F.No.38/37/08-P&PW(A)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners' Welfare

Lok Nayak Bhavan, New Delhi-110003

3rd Floor, Lok Nayak Bhawan Khan Market, New Delhi - 110003

12th May,2009

OFFICE MEMORANDUM


Subject:- Representations regarding.
The undersingned is directed to say that in accordance with the instructions contained in this Department'sO.M.38/37/08-P&PW(A) dated 2.9.2008, as clarified vide O.M. dated 11.12.2008, those Government servants who retired during 1.1.2006 to 1.9.2008 after completion of 33 years of qulifying service, will be eligible for fullpension (i.e. 50% of the emoluments pay last drawn) or 50% of average emoluments received duringthe last 10 months, whichever is more beneficial to the retiring employee) and the pension of those Government servants, who retired before 2.9.2008 with qualifying service of less than 33 years, will continue to be proprotionate to the fullpension based on their actual qualifying service.

2. A large number of representations/references are being received in this Department mentioning that the above provisions are not in accordance with the law laid down by the Apex Court and are in violation of Article14 of the Constitution. It has been suggested in these representations that the provision regarding payment of full pension on completion of 20 years qualifying service may be made applicable to the Government employees who retired before 2.9.2008 also.

3. These representations/references have been examined in consultation with Ministry of Finance and Ministry of Law.The instructions/clarifications issued in this regard are in consonance with the decision of the Government on therecommendations of the Sixth Pay Commission. The Government by accepting various recommendations of the SixthPay Commission took a policy decision to implement them from different dates. The Government decided to implement the above recommendations regarding pension from 2.9.2008 without dividing a single homogenous class of pensionersin to two groups and subjecting them to diffrent treatment. In view of the above and also in the light of the various decisions of the Hon'ble Supreme Court allowing the employer to fix a cut off date for introducing any newpension/retirement schemeor for discontinuance of any existing sheme, the decision of the Government in para 1 above is in accordance with the lawlaid down by the Apex Court and there in no violation of Article 14 of the Constitution.

4. In view of the above, no change is required to be made in the instructions already issued in this regard.

5. All references/representations received in this Department on the abve issue stand disposed off accordingly.

(M.P.Singh)
Director (PP)


Revision of pension of pre-2006 pensioners
F.No.38/37/08-P&PW(A)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension & Pensioners'Welfare)

Lok Nayak Bhawan,New Delhi-110003
dated the 14th July, 2009

OFFICE MEMORANDUM

Sub:Implementation of Government's decision on the recommendations of the Sixth Central Pay Commission - Revision of pension of pre-2006 pensioners.


The undersigned is directed to say that in accordance with para 4.2 of this Department's O.M.No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008), the revised pension of pre-2006 pensioners shall, in no case, be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG+ and above scales, this will be fifty percent of the minimum of the revised pay scale. Clarifications have been sought by Ministries/Departments as to whether Non Practicing Allowance (NPA) is to be added to the minimum of the revised pay band plus the grade pay / revised pay scale while considering stepping up consolidated pension on 1.1.2006. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure).

2.On implementation of the recommendations of Fifth Central Pay Commission, NPA was not added to the minimum of the revised scale of pay as on 1.1.1996 in cases where consolidated pension / family pension was to be stepped up to 50% / 30% respectively. Hon'ble Supreme Court, in its judgement dated 10.10.2006 in Transfer Cases (civil) 72 of 2004 - Col. (Retd.) B.J.Akkara vs. UOI & others, upheld the validity of OM dated 11.9.2001 of Ministry of Defence not allowing the benefit of NPA in the case of retired medical officers of Armed Forces to be added to theminimum of revised scale as on 1.1.1996.

3. NPA granted to medical officers does not form part of the Pay Bands / scales of pay. It is a separate element, although it is taken into account for the purpose of computation ofpension. It is, therefore, clarified, that in the case of pre-2006 pensioners NPA is not to be added to the minimum of the revised pay band+Grade pay/revised pay scale in cases where consolidated pension/family pension as on 1.1.2006 is to be stepped up to 50% / 30% respectively, in terms of para 4.2 of Department' of pension & PW's O.M.No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008).

4. It is impressed upon all the Ministries/Departments of the Government of Inida to keep in view the above clarifications while disposing of the cases of revision ofpension/family pension . They are also advised to dispose the representations received by them from pensioners on the above issues whithout referring them to thisDepartment.

5. This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their U.O.No.264/EV/2009 dated 9.7.2009.


Grant of full pension to Government servants who retired on or after 01-01-2006.


F.No.38/37/08-jP&PW(A)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi Dated the 10th December, 2009

OFFICE MEMORANDUM


Subject:- Implementation of Government's decision on the recommendations of the Sixth Central Pay Commission regarding revision of pension of pensioners/family pensioners etc. - Grant of full pension to Government servants who retired on or after 01-01-2006.




The undersigned is directed to say that in pursuance of Government's decision on the recommendations of Sixth Central Pay Commission, orders were issued vide this Department's O.M. No.38/37/08-P&PW(A) dated 2.9.2008 for introducing modifications in the rules regulating pension, Retirement/Death/Service Gratuity/Family Pension/ disability pension and ex-gratia lump-sum compensation. In accordance with para 5.2 and 5.3 of that OM, once a government servant becomes entitled to pension on completion of 20 years /10 years of qualifying service, he shall be paid pension at 50% of the emoluments received during the last 10 months, which ever is more beneficial to him. In terms of para 5.4 of the OM, these revised provisions have come into force w.e.f. 2.9.2008 and shall be applicable to Government servants retiring on or after that date. Subsequently, it was clarified vide O.M. No. 38/37/08-P&PW(A) dated 11.12.2008 that pension of Government servant retiring on or after 1.1.2006 will also be calculated based on the emoluments or average emoluments received during the last 10 months, whichever is more beneficial to him but his pension would continue to be proportionate to the pension on completion of 33 years of qualifying service. Para 5.4 of thisDepartment's O.M. No.38/37/08-P&PW(A) dated 2.9.2008 was modified to that extent.

This matter has been reconsidered by the Government. In partial modification of the instructions/order issued in this respect, it has now been decided that linkage of full pension with 33 years of qualifying service shall be dispensed with, with effect from 1.1.2006 instead of 2.9.2008. Therevised provisions for calculation of pension in para 5.2 and 5.3 of the OM No.38/37/08-P&PW(A) dated 2.9.2008 shall come into force with effect from 1.1.2006 and shall be applicable tothe Government Servants retired/retiring after that date. Para 5.4 will further stand modified to that extent.

Consequent upon the above revised provisions, in partial modification of para 7.1 of the OM No.38/37/01-P&PW(A) dated 2.9.08, the extant benefit of adding years of qualifying service for the purpose of computation of pension and gratuity shall stand withdrawn with effect from 1.1.2006.

The overall calculation may take into account revised gratuity and revised pension, including arrears up to date of revision based on these instructions. However, no recoveries would be made in the cases already settled.

It is impressed upon all the Ministries/Departments of the Government of India to keep in view the above modifications/clarifications while disposing of the cases of revision of pension. They are also advised to dispose of the representations received by them from pensioners on the above issues without referring the same to thisDepartment.

This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their U.O.No.375/EV/2009 dated 19.11.2009.

In their application to the employees of the Indian Audit and Accounts Departments, these orders issue in consultation with the Comptroller & Auditor General of India.