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Thursday, April 7, 2016

Biggest news of 2016 for Central Government pensioners

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.  

Jai Hind. 

38 comments:

digvijay said...

This is fine for the 6th cpc but what happens to the OROP TABLE , which is based on length of service without weightage

pradeep sharma said...

The MOD has a role and responsibility of looking after the Defence Services which includes Morale.
My observation has been that rather than look after and supporting the forces they tend to block and bully genuine issues!!
Should they co0ntinue to do so I feel it may compel the services to break the shackles by moving courts.
Additionally, compare MOD & MHA; the MHA does things for the forces/police , gets more funding and actaully fights for them while the MOD does the opposite!
Some one needs to inform them that they exist because the Defence services exist and should be more supportive of us as without us they would not have a job!!

Zahl Tantra said...

Thank You Navdeep once again for getting this important news through to people like me . I've used this input to SMS all veterans in our AOR . Thanks once again !

Balasubramanian Ranga Iyer said...

Thank you. well done so far so good.Post by Col R B
alasubramanian

Balwant Sharma said...

MOD will continue to file cases, even they may not stand in court of law, as it is committed to support some Advocates on Government list, else they will become unemployed. Who cares for poor Fauzis?

iitmsriram said...

The assertion that those who retired before 1.1.2006 will get "full" pension irrespective of length of service is wrong. The DoPT OM does not provide any such relief. The only relief that is provided is that the minimum pension is fixed irrespective of length of service (without prorating). If the prorated pension is more the minimum pension, prorating will continue, such retirees will not get "full" pension. In fact, the OM has no effect on such pensioners at all.

karunakaran a ex havildar said...

Thank u major sahib,

very lucidly you have explained the gain for those who have opted for PMR there is a silver lining between OROP that is based on the in service personnel component , this pre 2006 arrears is separate one

thank you sir once again

Wg Cdr MC Channappa said...

Major Navdeep Singh,
Thank you for the good news. It is truly a gift during this Ugadi Celebrations. Await implementation of the same.
Regards,
Wg Cdr MC Channappa

Babu Ram said...

A big thanks to Sir Maj Navdeep Singh and his able team who continue to fight the cases of EXSM's welfare & benefits, and keeping all the personnel informed and updated through the blog.

Col Sudarshan Suri, MD said...

Dear friends,
While the issues regarding pay & pensions have been addressed, though partially, through our OROP STRUGGLE, it appears that grant of Gratuity, which forms a major portion of our PPO's, has been totally ignored.
For example, when I retired on 31 Jan, 1993 I got only Rs.100000.00 as gratuity after 32 years of meritorious service. The total pension less the commutation element was approx 170000.00.Whereas those who retired with similar rank in 1996 & beyond, got a hefty 10 times more gratuity. The civilian bank employees who opted for VRS had a hearty laugh at our superannuation vis a vis their VRS!
I dare say this is a very important aspect of OROP, which seems to have been ignored by one & all.
Why should the govt be 10 times more greatful to the post 1996 pensioners, vis a vis pre 1996 retirees?
Any takers?

Manohar AM said...

Dear friend,

The following four factors will confuse the veterans for some time and none will be clear about their entitlements. In confusion everyone will accept all that is offered by the PCDA (P) from time to time.

1. 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.
2. One Rank One Pension (OROP) applicable with effect from 2014. But it requires corrections expected by the veterans.
3. 7 CPC Scales will come into force from Jan 2016 once the anomalies are cleared n favour of the military.
4. 6 CPC pending cases require to be settled.

It is better to simplify the pension scales for each rank/QS in a matrix easily understandable. The Army HQ must initiate a specialised section (ombudsman) to examine the OROP declared by the government for its correctness with the actual figures (of 2013) pensions obtained from DESW/PCDA (P). Is there a better solution?

Sathye said...

Dear brother, your service to the well being of the fraternity is unparalleled. May consider reintroducing the chat facility.

Trilochan said...

Universal application of the removal of pro rata clause is definitely the biggest positive development. Going by past experience, this was least expected. May be Good days are ahead with the efforts put in by you Navdeep.

R k MENON said...

SIR,
I AM A SUBEDAR RETIRED ON 31-12-93 AS CAT "B".COMPULSORY RETIREMENT WITH OUT ANY DISABILITY PENSION.AS PER CDA CiR 430 PENSION IS INCREASED FROM 01-07-09. (11120)NO ARREARS FROM 01-01-06 IS GIVEN.AS PER CIR 501 NO INCREASE IN BASIC PENSION SANCTIONED.AS CIR 555 PENSION INCREASED FROM 11120 TO 11615.AS PER CIR 547 BASIC PENSION AS ON 01-01-2006 INCRESED FROM 8603 TO 8723.iS THER NO PROVISION TO GET ARREARS FROM 01-01-06 TO 31-6-2009.WHAT IS THE EXPECTED PENSIO AS PER 7TH CPC.
SIR, PLEASE CLARIFY.

YOURS FAITH FULLY
RK MENON

NS GILL said...

Sub RK Menon. I will help you in getting arrears from 01.01.2006 to 30 Jun 2009. Please email your service & personal details on my email majornsgill3025@gmail.com and contact me on 09876188868.Thanks Major NS Gill ex SRO

RK Murthy said...

Respected Nav Deep ji, 50 percent pension order, what will be the basic pension of Nb Sub Gp 'Y' 21.5 years service.

mskmoorthy46 said...

Ex JWO MS Krishna Moorthy

Sir,
It is better late than never. The Govt must have done this at the first instant itself when it was recommended by 6th CPC, instead they did not make it for Pre 2006 and kept two categories of pensioners, Pre 2006 and Post 2006 and they were dilly dallying with notional maximum etc., Lot of court cases must have been avoided. Even before some months, the govt did not open their eyes if it so PCDA circular 547 should not have come instead this OM should have been out in that time. Anyway, still the good sense prevailed. Major Sir, I do not know that you also may be sometime a reason for releasing the OM because you are a member in the advisory committee to the Govt to avoid further litigation. Thank You.

Taaza Khabar said...

Just curious. Why should PCDA (P) issue any circular if this does not apply to OROP and if all are now on equal pension post 2014?

ANIL SINHA said...

Pradeep Ji your Concepts of MOD DIKATs are rightly established & logical. HSC & AFT verdicts justify your statement.
Time they amend their approach.

Madabushi Krishnan said...

It means that all Pre - 2006 retirees will get the same pension irrespective of the Qualifying Service (QS) they had rendered upto the time the OROP scheme got implemented.
The full Pension for various Ranks of Pre-2006 Vintage under 6 CPC pd ( PCDA (P) Circular Number 500) is as under :-

Rank 2 Lt/Lt Capt Major Lt Col (TS) Lt Col(S) Colonel Brig Maj Lt Gen
Gen
FULL 15465 16145 18205 26265 26265 27795 29145 30350 36500
Biggest beneficiary are the PMR

Jogen Lekharu said...

Will not this judgement again leave room for alteration of pension for a single rank wrt orop n de-linking of 33 yrs of service 4full pension one is contradictory 2 d other?

madhu said...

Thank you sir for this good news.

madhukar said...

Perhaps we must thank profusely those who relentlessly pursued the cases of anomalies and injustices and got favorable judgments from the courts, fact that justice is prevailing despite odds is a hope for better future,perhaps the MOD takes cognizance of futile litigation and becomes reasonable enough for early settlement of anomalies. Maj Navdeep deserves to be congratulated for pursuance and showing empathy towards personnel of armed forces, though a silent educated illiterate, I do feel servicemen & ex-servicemen are willful ignorant of their rights and in the name of obedience, perhaps show timidity !

COL.AKREDDY said...

AS PER OROP NOTIFICATION REVISION EVERY FIVE YEARS .
i.e NEXT REVISION FOR PENSIONERS 2019 ?
will there be 7 th pay commission revision for EXSM ?
@ COL Sudarshan SURI.
IT will be unending demands.
7 th pay commission has recommended gratuity subject to a maximum of Rs 20 lakhs.
Gratuity RULES - at the rate of 1/2 month pay(inclusive of DA) FOR EACH COMPLETED year of service
subject to a maximum of 16 1/2 times.( 33 years of service)
5TH PAY COMMISSION RS 3.2 LAKHS - MAXIMUM
6TH PAY COMMISSION Rs 10 lakhs maximum.
BAD LUCK FOR SOME GOOD LUCK FOR SOME

Natarajan V said...

I FEEL THE ORDERS ON DELINKING OF 33 YEARS FOR FULL PENSION APPEARS TO HAVE SOME SCOPE FOR (MIS)APPLICATION / IN SOME DEVIOUS MANNERS. IN BRIEF IT ORDERS FULL PENSION ISNSTEAD OF PRO-RATED PENSION DRAWN BY THE PENSIONER "AT THE TIME OF RETIREMENT".....WHAT TYPE OF RETIREMENT? NORMAL/ VALUNTARY/ DISABLED- MEDICAL/ COMPULSORY RETIREMENT / ON TECH RESIGNATION TO JOIN PSUs AS ABSORBEES?...WILL NORMAL SUPERANNUATION RETIREES BE THE SCAPEGOAT , FOR NOT HAVING RETIRED FEW OR UP TO 5 YEARS EARLIER TO GET ALL BENEFITS INCLUDING ONE-TIME RETIREMENT BENEFITS, ENJOY AGAIN FULL PENSION WITHOUT RECOVERIES?......V NATARAJAN

P.Vigneshwar Raju said...

Sir, As per the Circular 547 all pre-2006 Armed Forces pensioners/family pensioners determine in terms of fitment formula laid down in Para 4.1 of above said letter dated 11.11.2008, shall in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay in pay band plus the Grade pay corresponding to the pre revised scale from which the pensioner had retired/discharged including Military Service Pay and ‘X’ Group Pay where applicable. Wheres. the following anomalies are not removed:
1. Tables were issued in contrary reducing the minimum pension prorata so arrived.
2. They have failed to stick on to the corresponding scales of post 2006 with that of pre-revised.
3.Group 'Z' has been merged with 'Y' in post 2006 but the table still shows Group'Z'.
4.In Air force table again they have differentiated 'Sgt X Group' and 'Sgt X (Dip)' whereas, there is such differentiation in post 2006 scales.
5. The minimum pension of each rank should be not be less than 50% of minimum of scale of rank but, they have given different 'minimum pensions' for every increase of 6 months service in each rank, which is contrary to the principle shown above.

Why the MOD officials are bent upon doing injustice to the lower ranks every time. Are they going to at least remove the anomalies now in the order to be issued in tune with DOPT order removing prorata reduction in minimum pension. It is understood that that the mod has already issued orders to PCDA in this regard and PCDA is likely to issue order within a week.

Maj RS Yadav said...

1. Sir, I am RC Officer and served in Ranks for 19 years and 2 months, and 12 years as an officer and retired as substantive Major on 31 Dec 2003. Total QS 31 years and two months.As per Para 11 of Circular 555 on OROP , Maj with 21 years are entitled pension of lt col. some bank have credited the pension of lt col.circular 557 is also not very clear on this matter.may I know the confirm direction on this matter , whether Majors with 21 Years QS will get pension of lt Col.

2. some cases have been filed in AFT/ High Courts for promotion of retired Majors to rank of Lt Col with some cut of date as per AVSC committee. may I know the legal implications of these cases and likely chances of winning these cases. In case somebody is promoted after retirement he will get all his dues from back date. It is also learnt that this promotion if applicable, will be only for officers retired after AVSC report . How it is not applicable for those retired in same rank with same length of service from same army.pl clarify.

vrumats said...

Similar orders should now be issued for defence pensioners also by the Ministry of Defence.
Has it happened?
vinod matkar

Kamesh Iyer said...

Dear Major,
Thanks for the clarifications.
A perusal of Circular issued by PCDA(P) (circular C-149 dated 08 Apr 2016) seems to apply only for Civilians paid from Defence Estimates and not for the regular Armed forces (Army/Navy/AF).
Would it be possible for you to reexmaine the issue and comment on it.
Thanks and regards
Lt Col K Kamesh (Retd)

RK Murthy said...

Sir,on removal of 33 years clause, what will be the pension of Nb sub gp Y with 21.5 years service

Kamesh Iyer said...

This amendment to Ministry of Personnel, PG & Pensions Department of Pension & Pensioners' Welfare Resolution No. 38/37/08-P&PW(A) dated 06 Apr 2016 and associated PCDA circular C-149 may not be applicable to Armed Forces personnel; an amendment to MoD, Dept of Ex-servicemen Welfare, letter No. 17(4)/2008(1)/D(Pen/Policy) Dated 11th November 2008 (and associated PCDA Circular 397 )may be called for. Thus PCDA or banks may not be acting on this amendment to provide arrears. Can you please check an advise. Thanks and regards.

colonel sahib said...

Thks maj Navdeep
Keep it up God bless you
What about disability pension wef 1 1 2016
Thks rgds

JAIPAL SHERGILL said...

Where as arrears of revised pension have been paid from 1.1.06, arrears of revised Diability Pension have still not been paid.By Who and when will this come about.

Najmul Ahasan said...

I retired on 01 Jan 2005. Does it mean that I shall be able to draw arrears of diff of pay between the scaled/weighted rates vs full pension. Will there be recalculation of gratuity and other applicable amounts?

VK Khurana said...

Sir, Despite all the time that may have been needed by DESW/PCDA/CGDA to work out the details to issue the notification do you still feel the delay is not intentional and can MOD Babus still play some games to delay the matter????

RK Murthy said...

Circular regarding de-linking of 33 years service rule was issued to civilians during April 2016. Even after lapse of three months no circular is issued in respect of ex-servicemen. Why this discrimination.?
?

ILAPUR said...

What is the present position on delinking 33 years service rule for Armed forces personnel. CDA(P) was prompt in issuing Circular 148 for defence civilians in Apr 2016 whereas they are silent on uniformed personnel. Who is the agency delaying issue of notification ?

jawahar singh said...

Navdeep sir,namaskar Iam from haryana. I want to meet you. May i have your address please or can you give your contect no.