7th Pay commission and Awareness from Central Government Pensioners.
The order on Pre-2006 pensioners (OM No: 38/37/08) that was released on 30/07/2015 has effectively solved the problems of the pensioners and has brought them some relief. Through this order, it has been ordered to give pension to all pensioners. This has made the pre-2006 pensioners happy.
At this time, for the attention of all those who are about to become pre-2016 pensioners and those who are going to retire, we have provided details of the problems that arose in multiplication factor (1.86), weightage and fitment table in pre-2006 pension. We have to be careful about these issues in the forthcoming 7th Pay Commission. With this intent, we present this article to you.
Disparity in fixation of pension, between pre 2006 Retirees and past 2006 retirees.
As per judgement in Nagara case, there should not be any disparity in fixation of pension for pre and post retirees, with any cut of date. But, unfortunately bureaucracy are changing original OM with their own views, by issue of clarificatory order which has resulted in disadvantages to the most of the retirees. That was the case in respect of pension fixation done for pre 2006, retirees based on unnecessary clarificatory order dated 03.10.2009 and 14.10.2009. No authority can issue clarification against original OM which was got by President approval. But OM dt. 03.10.2009 and 14.10.2009 have been issued in contravention of original OM fixation was done by multiplying old pension with 1.86 plus 40% weightage for fixating the pension as per the CCS RP para 4.1.
2) An another rule is there 4.2 by indicating that pension should be fixed in the minimum of the pay in Pay Band with Grade Pay, corresponding to the pre revised scale of the government servant, before his retirement. For example, for those who were drawing 6500 – 10500 (Higher Selection Grade- I) they are entitled to get their pension in the minimum of the pay in the Pay band which is corresponding to the old scale of 6500-200-10500 (fitment table for S-13). But pension is fixed 8249. There is a difference of Rs.651 + DR at the rate applicable then and there.
3) Since the difference was more for S-29 pensioners, they filed case by OA No: 655/2010 in principal CAT New Delhi. They got favorable judgement but, the government made an appeal with high court New Delhi, in which they failed. Then government field SLP at Delhi against CAT and High Court orders but, Supreme Court finally upholded CAT and High Court Judgements.
4) Even after, the Government came ready to revise the pension with effect from 24.09.2012 but, S-29 case pensioners approached supreme court against the revision of the pension 24.09.2012 instead of w.e.f 01.01.2006. Issued in contravention at original OM 01.09.2008.
Now, order has been issued to revise pension for the affected pensioners with effect from 01.01.2006, by order dated 30.07.2015
This is the great victory and pride goes to S-29 pensioners, who had conducted a legal battle to acheive then goal.
Therefore, all pensioners, as well as present employees should be very careful to check their pay fixation and pension fixation on the implementation of 7th CPC which is going to effected on 01.01.2016. This is for kind information.