Full Pension on 20 Years Service for Pre 2006 Pensioners – CAT Judgement
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH
OA 1165/2011 with
OA 2165/2011
And
OA 246/2012
New Delhi this the 21st day of April, 2015
Honble Mr. P.K. Basu, Member (A) Honble Mr. Raj Vir Sharma, Member (J) OA 1165/2011
1. Pratap Narayan, Executive Director (Retired). FICC, Min. of Fertilizers, R/o C-47, Friends Colony East
New Delhi-110065
AND Others
Versus
Union of India through
1. Secretary,
Ministry of Personnel, P.G. & Pensions, Deptt. of Pensions & Pensioners Welfare Lok Nayak Bhawan, New Delhi-110003
2. Secretary,
Deptt. of Expenditure Ministry of Finance,
Central Secretariat North Block, New Delhi-110001 Respondents
(Through Sh.Rajesh Katyal and Sh. D.S. Mahendru, Advocates)
Judgement of CAT PB New Delhi dated 21st day of April, 2015
OA 1165/2011 with OA 1165/2011 & OA 246/2012
Pratap Narayan & Others – Vs- Union of India
ORDER
Mr. P.K. Basu, Member (A)
1. OA 1165/2011, OA 2165/2011 and OA 247/2012, all deal with the same issue and, therefore, are being disposed off through this common order.
2. The prayer of the applicants arises from a clarification issued by the Department of Pension and PensionersWelfare dated 3.10.2008, in specific challenging the following provision:
“The pension will be reduced pro-rata, where the pensioner has less than the maximum required service for full pension as per rule 49 of the CCS (Pension) Rules, 1972 as applicable on 01.01.2006 and in no case it will be less than Rs.3500/- p.m.”
3. The background of the case is that after the VI Pay Commission submitted its report, the government issued OM dated 1.09.2008 relating to revision of pension of pre- 2006 pensioners/ family pensioners etc. Para 4.2 of the OM provides as follows:
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. In the case of HAG + and above scales, this will be fifty percent of the minimum of the revised pay scale.
4. Thereafter, the respondents issued the above mentioned OM dated 3.10.2008 in which the clarification was issued that pension will be reduced pro-rata where the pensioner had less than the maximum required service for full pension of 33 years. The Department of Pension and Pensioners Welfare vide resolution dated 29.08.2008 introduced the revised pension structure with effect from 1.01.2006. In this, the recommendation of the Pay Commission and the decision of the government were elaborated. The paragraphs relevant to this case are quoted below:
Read more at: Full Pension on 20 Years Service for Pre 2006 Pensioners – CAT Judgement