Feel free to contribute on burning issues concerning the armed forces. Contributions would be acknowledged - Use the 'Comments' tab or email navdeepsingh.india[at]gmail.com. No operational/business/commercial matters to be discussed please. Legal advice/litigation related issues would strictly NOT be published or discussed or entertained. Information on this blog is opinion based and is neither official nor in the form of an advice. This is a pro bono online journal in public service related to issues, policies and benefits, and the idea behind it is to educate and not to create controversy or to incite. Be soft in your language, respect Copyrights.

Friday, January 22, 2016

Pre-2006 pensioners with less than 33 years of service

As everybody is aware, the orders regarding calculation of pension of pre-2006 retirees based on minimum of pay within the pay band rather than minimum of the pay band itself, with arrears from 01-01-2006 rather than 24-09-2012, have already been issued for all Central Government pensioners.

On a similar analogy, many decisions by various Benches of the Central Administrative Tribunal (and then upheld by the High Courts) have been pronounced delinking 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 orders. Indeed, some of such appeals preferred by the Government remain pending before the Supreme Court as on date. 

The matter of issuance of orders in this regard for similarly placed retirees is currently being examined by the Department of Pensions & Pensioners Welfare, Ministry of Law & Justice and Ministry of Finance. The file is currently pending with the Law Ministry.

This is for general information in view of the multiple queries in this regard. 


P.Vigneshwar Raju said...

Dear Maj Navdeep Singh. being an Advocate of National stature you could not understand the above issue when I have commented earlier. You have replied by stating that PBOR pensions are based on with reference to maximum scale of pay. The maximum of pre-2006 scales was implemented only from 1.7.2009. The minimum pension is to be implemented from 1.1.2006. I think now you must have understood the clause clearly. Regards. P.Vigneshwar Raju

Unknown said...

How does this impact pre 2006 officers who took PMR ?? Because the PCDA has issued a table with qualifying service ( pro-rata basis) does it mean that all PMR officers having qualifying service more than 20 yrs will get pension entitled for 33 yrs?

Navdeep / Maj Navdeep Singh said...

Thank You PV Raju for giving me gyaan on the cases which I myself have argued and for appreciating that I have now, finally understood the matter :)

ASB said...

Maj Navdeep, ,does this mean that Pension calculated at the time of retirement , say in year 2000 would have to be re-calculated at 50% from year 2006; will CDAP issue fresh PPO.
Please be kind to apprise me for benefit of all members.
Col A S Bindra

major A K SETHI,11JSW said...


Ravi said...

My doubt is also about PMR. Please answer the comment of Madabushi Krishnan.

Anonymous said...

Sir, I am a disabled ex-serviceman (Hav, Qualification service 10.5 in gp-B)with 100% of disability (Amputation above knee on duty veh accident) and granted service element and disability pension (date of discharge 20.5.1993). My pension as on 1.1.2006 is Rs. 3500/-. from 1.7.2009 pension is Rs. 3774 and from 23.9.2012 onwards my service element pension is Rs. 4264/-. As per the latest circular 547,551 && 554 I have submit all documents to PCDA (in Dec 2015) for issue of Corr PPO for pension of arrears from 1.1.2006 onwards. However, the PCDA is stating that I have not authorized the same. Sir, As per your article, the orders regarding calculation of pension of pre-2006 retirees based on minimum of pay within the pay band rather than minimum of the pay band itself, with arrears from 01-01-2006 rather than 24-09-2012.

Sir, my question is if I am eligible the pension of Rs. 4264/- from 1.1.2006 onwards or not. Being a disabled soldier I humbly request you to consider my case humanitarian grounds and favourable reply please. My mail id - reshma_renjith@yahoo.co.in or 094425 77873. Radhakrishnan, Pondicherry.

Unknown said...

Dear Major,
THanks for laying out the tables for OROP.I need a clarification.clarification. Maj above 21 yrs of service in sub rank were given pension of Lt Col vide CDA Pension circular No 14 dt Feb 2013.

Would I be entitled for Lt Col pension for OROP OR NOT.
kindly let me know.

Maj KK Tiwari

Cdr (Retd) CSM RAJ said...

In view of the announcement of OROP by Government Pre 2006 pensioners pension should also come through to eliminate the difference in pension with respect to post 2006 retirees as per HSC directives by delinking to 33 years duration .Are we right in thinking so or do we need to seek the judicial intervention. Please give your opinion.

Unknown said...

Am writing this post to ascertain clarity . I am a substantive Major retired pre-maturely on 11 Dec 62 and have completed 20 yrs 7 months and 15 days pensionable service.(has 17 yr of commissioned service).

2. I have some doubts regarding the pension due to letters issued and messages in the social media as under:-

3. As per Momorandum of MOD letter No 1 (11) / 2012-D (pension Policy) dated 17 -1-13 , Note 3, which indicates that Post 1-1-96 but pre 1-1-2006 retires substantive Majors and equivalent ranks in Navy and Airforce are allowed minimum guaranteed pension/ family pension of the rank of Lt Col in terms of MOD letter NO 1 (13)2009/01(PENSION/POLICY) dated 24 -9 -2012, the minimum guaranteed pension/ family pension shall continued to be allowed as per rank of Lt Col.

Doubt 1. why this letter about pension is not allowed to those substantive Majors retired before 1996., Is it not discrimination violating article 14 of the Constitution.

4. Understand that AFT (PB) Delhi vide QA 138/2013 had granted all Majors / Lt Cdr/Sqn Ldr equivalents with more than 20 yrs but less than 21 yrs and retired / PMR in period from 01 Jan 96 and 14 Jan 2000 be granted LT Col / Cdr /Wg Cdr Pension. Supreme Court had dismissed a the appeal of the GOI.

Doubt 2. Why this ins not applicable to pre 1996 retires. is not discrimination

5. Would appreciate if some clarity could be given
Major MGC Nair (retd)

Unknown said...

Good Morning sir, like Major OF 21 YEARS given pension of higher rank, why all ORs can not be given pension of MINIMUM HAVILDARs pension, since no one comes out with less than this rank pension after 1996 / 2006 and rest all one rank higher pension at least
It will compensate for ACP / Calculating pension on maximum of the scales for QR / JCOs too