Principal Bench of CAT’s Judgement in favour of Pre-2006 Pensioners


   The Principal Bench of CAT New Delhi, has in a remarkable judgement has quashed the clarifications issued in the Office Memorandum dated 3.10.2008 and 14.10.2008 (No: 38/37/08-P&PW(A) .Pt.1) regarding the fixation of revised pension in respect of pre-2006 pensioners. As we all know, pre-2006 Pensioners have been not treated at par with Post 2006 pensioners as far as revised pension fixation is concerned.
   The resolution dated 29.08.2008 by which Government accepted the recommendations of Sixth Pay Commission report as well as the clause in para 4.2 of the Office Memorandum dated 01.09.2008, define the minimum revised pension as " revised pension, in no case, shall 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".
   However, it could be seen that in the O.M. No: 38/37/08-P&PW(A) .Pt.1 dated 14.10.2008, Department of Pension and Pension welfare has formulated a fitment table by misinterpreting the Government decision on fixation of pension for pre-2006, Pre-1996 and Pre-1986 Pensioners.
   It is apparent that pensioners retired before 2006, are in the loosing side as their minimum pay is pegged at only 50% of minimum of pay band (and 50% of grade pay) corresponding to pre-revised pay scale in which the employee had retired. On plain reading it may look what was done by the Government is correct. But it is gross misinterpretation of 6CPC recommendations and acceptance of 6cpc recommendations in the resolution by way of formulating a wrong fitment table that has caused a huge financial loss to pre-2006 pensioners.
Illustration:
Following pre-revised pay scales have been bunched and revised to a single pay band after 6cpc.
Pre-revised scale Pre-revised Pay band Revised Pay Band and GP
S-9 Rs.5000-150-8000 PB-2 Rs.9300-34800 + GP Rs.4200
S-10 Rs.5500-175-9000
S-11 Rs.6500-200
S-12 Rs.6500-200-10500
S-13 Rs.7450-225-11500 PB-2 Rs.9300-34800 + GP Rs.4600
S-14 Rs.7500-250-12000 PB-2 Rs.9300-34800 + GP Rs.4800
S-15 Rs.8000-275-13500 PB-2 Rs.9300-34800 + GP Rs.5400
   
   The OM dated 14.10.2008, has advocated that the minimum pension of employees fall under pre-revised scales from S-9 to S-15 will not be less than 50% of Rs.9300 plus 50% of the grade pay corresponding to the pre-revised pay scale. So an employee who retired prior to 2006 when he was receiving a basic pay of Rs.13225 in the pre-revised pay scale of S-15 (Rs.8000-275-13500) will receive a minimum pension of only Rs.4650 + Rs. 2700 (50% of Rs.9300 and Rs.5400), if the revised pension is less than the minimum pension.
   Principal Bench of Central Administrative Tribunal (CAT) has come to the rescue of pre-2006 pensioners in this aspect by pronouncing judgement to the effect that O.M dated 14.10.2008 is quashed and revised pension fixation has to be done to the Pre-2006 pensioners on the basis of as per the resolution dated 29.08.2008.
   It is also indicated by CAT that in the garb of clarification, respondents misinterpreted minimum of pay in the pay band as minimum of the pay band and that this interpretation is apparently erroneous.

Principal Bench of CAT’s Judgement in favour of Pre-2006 Pensioners Principal Bench of CAT’s Judgement in favour of Pre-2006 Pensioners Reviewed by Jagadheesan Sadasivam on 4:09 PM Rating: 5

52 comments:

  1. a great news for pre-2006 civil pensioners.you may post the calculation sheet in your columns

    ReplyDelete
  2. Thank you for your comment sir, Soon we will update sir.

    ReplyDelete
  3. November 12,2011.
    I retired on l.3.2002.0n 10 months basis my pay was warked at Rs.9820/-accordingly my basic pension was fixed at Rs.4910/- Under 6th pay commission it is fixed at Rs.11097/-.Now according
    to recent CAT decision what be my revised pension

    ReplyDelete
  4. In view of the Principal Bench of CAT’s Judgement (Thursday, 10 November 2011) in favour of Pre-2006 Pensioners, all those people in the CPO office, intentionally misinterpreting, issuing repeatedly wrongly circulars, and not just applying common sense, should be charge sheeted, suspended and punished for cheating old persons and depriving their legitimate pension.

    ReplyDelete
  5. It is applicable for Ex-Servicemen also those who retired upto 31 Dec 2005 and getting less pension who retired on 31 Jan 2006 and thereafter?

    ReplyDelete
  6. what will be the effect of these orders for civilian pensioners who availed prorata pension and therafter joined some other corporations/banks

    ReplyDelete
  7. DONT ENJOY ALL PRE-2006 PENSIONERS. THIS WILL BENEFIT ONLY FEW OF THEM, NOT ALL. THE PERSONS WHOSE PAY SCALE WAS REVISED TO 9300-34800 WITH GRADE PAY OF 4200 AND DRAWING PRE-REVISED PENSION OF 2986 OR LESS WILL BENEFIT. FOR ANY CLARIFICATION MAIL TO nirvandas@rediffmail.com.

    ReplyDelete
  8. just try and calculate your 5th cpc basic pension x 1.86 + 50% of grade pay of your scale/rank (+50% 0f MSP,if you are ESM),if your pension is less than this calculation ,than only you you will be benefited.

    ReplyDelete
  9. Grade pay for revised scale corresponding to 6500-10500 has been revised to 4600, will it be applicable to all pre 2006 pensioners who were in the prerevised scale of 6500-10500 ?

    ReplyDelete
  10. As per CATs judgement can anybody calculate my pension and let me know? I retired on December 1998. My last basic pay was Rs. 4600/- in the scale of (Rs. 4000 - 100 -6000)

    ReplyDelete
  11. Has the Government of India given any reaction to the Judgement? Every Body is keen to know the compliance of the Judgement.

    ReplyDelete
  12. retired on 31-3-2001 with basic pay 7500 in grade pre-revised 6500-10500 and got fixed consolidated pension as Rs 8385/-.Basic pension is 3710/-.what
    increase will result as per CAT ruling.

    ReplyDelete
  13. I retired on 28/02/2005. My pension was fixed at 8794. I was in the pay scale of S13. 7450-11500.
    My pension was revised to Rs.13260 after 2006.
    Can I expect any benefit in view of the judgement?

    ReplyDelete
  14. Pre revised basic pay of Rs5450 in the scale of Rs4500-5300 (retirement on 30-4-1995)has to be refixed. The present pay scale falls under PB4..

    ReplyDelete
  15. Sir,
    I, J. Brahmanandam, Retgired S.A.O. of Indian Navy would like to submit that I have retired on 30 Jun 2002 in the pre- rivesed scale of Rs.10,000 to 15,000/. May Average pay at the time of retirement as per the existing instruction was Rs.10,000/. My pension was fixed at Rs.5000/- p[.m by CDA Allahaabad. While implementing the order as per 6th CPC my pension (Basic) was Rs.11,300/- p.m. While fixing this pension the Grade pay was not taken into consideration whereas the GP was taken into consideration for the pensioners retired afyer 1-1-2006 According to the latest judgement , delivered by the Principal Bench of CAT at New Delhi there is a scope & hope of some increase in my pension. Till todate no orders appear to have been published by Govt. I, therefore request you to kindly furnish the proforma as to how the revised pension as per judgment is to be calculated for which I shalol be grateful and thankful to you. My pay brand as per 6th CPC falls under category S.19

    J. Brahmanandam, Retd. S.A.O, Indian Navy, M of Defence. 091800 Dec. 2011
    Defence.

    ReplyDelete
  16. I took volutary retirement in July 1989 in the pay scale of Rs 1640/-. Will this judgement benefit me.

    Vijaya Gopal S.

    ReplyDelete
  17. Sir,
    I took voluntary retirement on 30th Sep'2005 after completing more than 33 years of service. I took retirement as Stores Supdt. in the pre Scale of 5500-175-9000, and drawing Basic Pay Rs. 6375/- at the time of retirement. Afet the 6 CPC, my Basic Pension was fixed to Rs. 7016/-. I hope it was not correct. How I know about my fixation.

    RajendrAN
    Cochin

    ReplyDelete
  18. I have retired on 31,5.2000. Then my pay scale was 12000-16500 and my last basic pay scale was 13126.00 and my basic pension was fixed at Rs 6563.00. Pl. let me know what will be my basic pension after the benefits to the pre-2006 retiring pensioners as per recent CAT's decision. Shall be grateful. Thanks

    ReplyDelete
  19. pre revised pay scale pre 2006 pensioner central govt employee on retirement on 31/01/2002

    ReplyDelete
  20. PENSION AS ON 1-1-1996----509/-CONSOLIDATED PENSION AS ON 1-1-1996----1568/- RETIRED VOLUNTERILY AFTER 21 YEAR SERVICE AS JUNIOR CLERK ON 30-4-1988.SOME ONE PLEASE OBLIGE ME LET ME INFORM CATS DECISION BENIFIT TO ME.

    ReplyDelete
  21. In view of the Principal Bench of CAT’s Judgement (Thursday, 10 November 2011) in favour of Pre-2006 Pensioners, all those people in the CPO office, intentionally misinterpreting, issuing repeatedly wrongly circulars, and not just applying common sense, should be charge sheeted, suspended and punished for cheating old persons and depriving their legitimate pension.

    ReplyDelete
  22. A CALCULATION SHEET MAY KINDLY BE FLASH IN REPLY TO ABOVE COMMENTS ATLEAST.

    ReplyDelete
  23. I got voluntary retirement after serving for 21.5 years in June, 1993. After 6th pay commission reports, people getting voluntary retirement after 20 years' of service are getting full pension. Whereas, pre-2006 cases are not covered in this rule and they are getting proportionately less pension depending on the years of their service. Why this descrimination in Basic Pension, when all other rules regrding Medical allowance and D.A. are same for all the pensioners.

    ReplyDelete
  24. When these new scale will be implemented, so far no ordered has been issued by the govt on the pension of pre-2006

    ReplyDelete
  25. Kindly let me know my revised pension as per the CAT order. I retired on 31.03.1992 with basic pay Rs.4500+200 CA as DyCE, in Sr.Scale Rs.3000-125-4500 (4rth CPC). This scale is S-19 in 5th CPC ie Rs. 10000--15200. & 6th CPC the Pay band is PB3.

    ReplyDelete
  26. Dea
    I retired voluntarily from rlysin 1994 can I have a work sheet as to how the revised pension is worked out .will i be eligible to benefitted revissed pension.

    ReplyDelete
  27. IS GOVT ACCEPTING THE VERDICT FOR COMPLIANCE OR PLANNING TO APPEAL IN THE SUPREME COURT? EITHER WAY TIME RUNNING SHORT.

    ReplyDelete
  28. I RETIRED ON 31-8-2004 IN THE PAY SCALE OF 10000-15300 AND MY LAST BASIC PAY WAS 13575/-. MY BASIC PENSION WAS FIXED ON 10108/-. PLEASE LET ME KNOW THAT WHAT WILL BE MY REVISED PENSION ACCORDING TO CAT'S DECISION.

    ReplyDelete
  29. i retired in year 2001 in the scae 14300-18300
    and my pension fixed is 23059.my last basic was 15500.pl tell me my revised pension

    kale m m

    ReplyDelete
  30. Can anyone of the petitioners of the cat judgment calculate what would be the benefit for me wrt details given below:

    Last Pay drawn: 13,225 in the scale of 8000-275-13500.
    Date of retirement: 30.10.2004

    ReplyDelete
  31. I read several time the cat Judgement and think element of grade pay be calculated and now given,Let us hope to get

    ReplyDelete
  32. It was seen in Malayala Manorama news paper that refixation of pay of employees retired before 2006 will be done against 6th CPC.I , retired from NFRly as AEE/NBQ on 31-10=2000 in old scale S=14 and new scalePB2 9300-34800 . Can I get a possitive reply early regarding my refixation and benefits ?

    ReplyDelete
  33. Three months are over, as yet there is no action. Perhapes babus are thinking how not to implement.

    ReplyDelete
  34. February 8th, 2012

    Now both the appealing time and implementation time as per the CAT's verdict has elapsed and no progress in this regard is known. Can anybody elucidate that - I have retired from the Railway Service (Private Secretary, Grade Rs. 6500-10500) and my basic pay at the time of supperannuation was Rs.8300/- and my basic pension was fixed at Rs.5972/-. I was not able to complete the qualifying service of 33 years as I put in only 32 years and 1 month. Therefore, my pension was reduced on this account. Whereas the post 2006 employees are entitled to get 50% of basic pay and GP after compeltion of 20 years of service. My revised pension after implemention of the VI pay commission has been fixed at Rs. 8999/- as per PPO dated 26.10.2010 in scale 09300-34800-4600. Will any goodself look into my case(there can be number of similar such cases in Central Government Department) that if the Govt. implement the present CAT's decison, what more benefit I can avail ? Since the CAT has specifically cleared in their verdict pre & post 2006 pensioners should be kept at par, what will be benefit am I( or similar nature pensioners)are going to get ? Will the Govt. implement the CAT's dicision ? or appeal to the SC for which according to me appealing time is over unless Govt. sought for extension of appealing time. period. Please throw light on this subject.

    ReplyDelete
  35. It is seen that an OM dated 16th December 2011 was issued by Shri K.K. Mittal, Director (Phone 24624752)consequent upon a meeting chaired by Secretary(Pension) on 3.11.11 concerning revison of Pension Payment Orders (PPOs) in respect of pre-2006 Pensioners. Along with this OM a model advertisement to be published through web-site by respective Ministry/Department and also through leading news papers of Hindi & English in order to inculcuate awareness amongst the pensioners/family pensioners about the benefits of getting their PPOs revised. Whether this OM is issued on the basis of the CAT's verdict dated 1.11.2011 in favourof pre-2006 Pensioners/family pensioners ? Or it is concerned to the pensioners who have not got the re-fixation of pension immediately after the VI PC ? There was no mention of the recent CAT's judgement. If anbody has gone through it and understood in toto kindly make it clear for the information of all the pensioners of pre-2006. Thanks.

    ReplyDelete
  36. There have been many complaints but there is not seem to be any reply.can I expect a reply soon?

    ReplyDelete
  37. I would like know whether the Government is going to implement the CAT's verdict in favour of pre-2006 pensioners or Government has gone to appeal in Supreme Court. Can I expect a reply from anybody ?

    ReplyDelete
  38. THE AMOUNT IS TO BE PAID WITHIN FOUR MONTHS W.E.F 11 NOV,2012. SO FAR GOVT HAS NOT ISSUED IMPLEMENTATION LETTER & IMPLEMENTATION/CALCULATION SHEET.
    WILL GOVT PAY INTEREST FOR DELAYED PAYMENT.

    ReplyDelete
  39. Is there any updates / news about CAT ruling. Is Government is willing to implement or going for appeal?

    ReplyDelete
  40. Will any pre-2006 pensioners who knew about the implementation of the CAT's decision by the Govt. or Govt. is appealing against the decision to the Supreme Court, will comment on the present position ? Please do it, as it will help our colleagues a lot. Thanks.

    ReplyDelete
  41. I retired from NPL,CSIR on Jan 2001 will the cat judgement on VI cpc be applicable to CSIR too. Not heard any thing yet officially.Thanks

    ReplyDelete
  42. IRETIRE ON 31 jAN 2002 AND MY LAST PAY WAS 8175 ACCORDINGLY MY PENSION WAS FIXED .cAN YOU SAY WHAT BENEFIT WILL i GET ON MY LAST BASIC PAY 8275

    ReplyDelete
  43. With all hue and cry on CAT's decision in favour of pre-06 retirees,can any anbody tell what is the fate of the decision even after three months? Jamanlal.

    ReplyDelete
  44. what is the current status with regard to implementation of CAT Judgement by the Govt, as the cut of date (three months) already over kindly reply

    ReplyDelete
  45. delaying execution Cats,order may not speak fairplay and justice fo senior citizens who remained servant of govt.ind.

    ReplyDelete
  46. As per informations Govt. gone to High court appealing against CATs decision.

    ReplyDelete
  47. Hat’s off to the judgment of Principal bench of CAT. The judgment stands with reason and also that the revisions are applicable to pre 2006 pensioners. To avoid multiple court cases and also that several pensioners cannot opt for court cases due to their prevailing health conditions and also that they may not survive till the cases lasts, the Principal bench might have asked the Govt to bring in concordance table basing on the periods the pensioners retired. This will do a great justice to all pensioners. However the following is submitted for the perusal of all pensioners.
    The Annexure – 1 of Govt of India. Ministry of Personnel, Public Grievances & Pensions, Dept of Pension & Pensioner’s Welfare letter no 38/37/08-P &PW(A).pt.1 dated 14 Oct 2008 indicates that a person in the scale of Rs.750-940 (wef 01.01.1986) to get a minimum pension of Rs.3500/-. Similarly a person in the scale of Rs.1400-2660 (wef 01.01.1986) to get a minimum pension of Rs.6750/-. If you take at the maximum pay scale Rs.9000/- (wef 01.01.1986) to get a pension of Rs.45000/-. Almost in all case the pension is 5 times the minimum of the basic.
    If you take similar analysis for the persons who retired while drawing pay as per pay scales of post 01.01.1996 and pre 01.01.2006, a person in the pay scale of Rs.2550-3200 (wef 01.01.1996) to get a minimum pension of Rs.3500/-. Similarly a person in the pay scale of Rs.16400-20900 (wef 01.01.1996) to get a minimum pension of Rs.23150/-. If you take at the maximum pay scale Rs.30000/- (wef 01.01.1996) will get a pension of Rs.45000/-. Almost in all case the pension is 1.5 times the minimum of basic.
    The bureaucracy of Govt of India may consider the plight of senior citizens and simplify the pension fixation rules. Simply, they may bring a multiplying factor for fixation of pension for all of them as per their basic salaries and the applicable CPC scales at their retirement (whether pre 1996 or pre 2006 etc) irrespective of number of years of service as full pension is being given for all the persons with 20 years of service.
    Request all Pensioners to comment please.

    ReplyDelete
  48. do the retired employees of central government get any special increment like working central government employees (from jan to june)

    ReplyDelete
  49. Thank you to bench,Iwas retaired on july 2005 as a group -d worker in postal department my pension is 6400 then what is the grade pay for me and when i recieve the excess amount to my pension please convay me .it is very urgent.

    ReplyDelete
  50. Thank you to bench,Iwas retaired on july 2005 as a group -d worker in postal department my pension is 6400 then what is the grade pay for me and when i recieve the excess amount to my pension please convay me .it is very urgent.

    ReplyDelete
  51. Union of India (&Ors) has gone against the orders of DOP and PW's orders as also in appeal against CAT's landmark judgement through appeal by filing “ EXTRAORDINARY WRIT JURISDICTION” i.e. W.P. (C) No. 1535 of 2012 in February 2012 in High Court of Delhi at New Delhi against Central Govt. SAG & Ors, through Advocate Mr. RUCHIR MISHRA, H-1337, LGF, LAGPAT NAGAR, NEW DELHI–110024. It was felt that those of pensioners who had retired in year 1970 or later would be benefited since even after getting additional pension as per their age when > 80, yet their pension is paltry. How then 6th pc's following recommendation gets implemented in letter and spirit is not being understood by me.
    “4.2 The fixation of pension will be subject to the provision that the revised pension, in no case, shall 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.”
    The Union of India has not thrown any light on the fate of pensioners who retired during IInd CPC, IIIrd CPC, IVth CPC and Vth CPC which had even not bothered to think on these lines, then and as to how the pensioners will survive, as their needs increases with growing age. Even disabilities set in some cases. Disability allowances are also merely placed on records. Never applied in practice, even in cases when pensioners are bed-ridden for many years. Can someone throw some light. Please feel free to write to me and let me know how to go about it on email navaneeth_s1953@yahoo.com

    ReplyDelete
  52. YOUR CONCERN IS RIGHT.GENERALLY A PAY COMMISSION TAKE BASIS OF CURRENT PAY COMMISSION [SAY 5TH] AS A BASE AND THEN NEXT PAY COMMISSION[SAY 6TH] IS MADE TAKING INTO VARIOUS CHANGES PREVAILING.PLEASE NOT IT IS ASSUMED THAT PREVIOUS PAY COMMISSION [SAY 4TH EXTRA HAS ALREADY BEEN TAKEN CARE OF IN 5TH CPC]
    YOUR PROBLEM IS THAT ANOMALY OF YOUR TIME WAS TIMELY NOT ADDRESSED & THUS WAS NOT TAKEN INTO ACCOUNT.A PAY COMMISSION CANNOT TAKE INTO ACCOUNT ALL PREVIOUS COMMISSIONS AS IT IS A UN MANAGEABLE TASK, SO PREVIOUS PAY COMMISSION IS TAKEN INTO ACCOUNT
    2. UNFORTUNATELY ANOMALIES OF 6 TH PAY COMMISSION HAVE ALSO BEEN NOT CORRECTED YET & FEW HAVE NOT EVEN STARTED
    A] 50 % DA MERGER AS DP WAS IN 5 TH CPC BUT 6TH CPC INCREASED ALL OTHER ALLOWANCE BY 25 % ONCE DA CROSSED 50 %. DA IS MOTHER OF ALL ALLOWANCES BUT 6TH CPC FORGET TO MERGE IT AS DP FOR SERVING & RETIRED .TILL NOW NO CASE HAS STARTED TO RECTIFY THIS ANOMALY .EVEN NOW NO WILL TO RECTIFY.
    B]4 TH CPC HAS STANDARD DEDUCTION ON SALARY/PENSION INCOME. FORGOTTEN IN 5TH CPC NOT TAKEN INTO ACCOUNT IN 6 TH CPC.EVEN NOW NO WILL TO RECTIFY.
    C] DA IS GIVEN TO FIGHT INFLATION SO IT WAS NOT TAXED TILL 3 CPC .FORGOTTEN IN 4TH CPC NOT TAKEN INTO ACCOUNT IN 5TH CPC & 6TH CPC. EVEN NOW NO WILL TO RECTIFY.
    D]CURRENT ANOMALY 50% SUM xxxxx. GOVERNMENT GONE TO APPEAL AGAINST CAT JUDGEMENT
    3.MINISTERS PAY IS REVISED IN HALF HOUR .EMPLOYEES ANOMALY MAY NOT EVEN BE CORRECTED IN DECADES

    BEST OF LUCK

    ReplyDelete

Feel free to drop your comments and suggestions

Powered by Blogger.