Wednesday, March 18, 2015

Pay arrears of pension to all Pre-2006 retiree Central Govt pensioners from 01 January 2006 rather than 24 September 2012 : Supreme Court

As most readers would know, there were anomalies in the fixation of pension of pre-2006 central govt retirees with effect from 01 Jan 2006 and the question was whether pension was to be calculated based on the minimum of each grade/rank within the newly introduced pay-bands or on the minimum of the pay-band itself. The said anomaly was resolved by way of judgements of the Central Administrative Tribunal (CAT) as well as Armed Forces Tribunal (AFT) which inter alia ruled that pension would be calculated on the basis of minima of each rank/grade within the pay-band. The judgement of the CAT was challenged by the Govt before the Delhi High Court. In the meantime however, the Govt itself removed the anomaly but granted the benefits from 24 Sept 2012 rather than 01 Jan 2006 which was the date of the inception of the anomaly.


Hence the exact controversy now stood narrowed down to whether the benefits of the correct pension were to flow from 01 Jan 2006 which was the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 which was when the Govt had decided to remove the anomalies in the pension structure after the said Pay Commission.

The controversy was finally resolved by the Delhi High Court which directed that after removal of the anomaly, the pension arrears were to flow from 01 Jan 2006 and not from the future artificial date of 24 Sep 2012. Never to respect well-rounded judicial verdicts, the Govt challenged the decision of the High Court before the Supreme Court, however the Supreme Court was pleased to dismiss the SLP filed by the Govt in July 2013.The Govt then filed a review petition followed by a curative petition alleging ‘gross miscarriage of justice’ but a 5 Judge Bench dismissed the curative petition too.

The Govt however did not implement the decision across the board and kept filing SLPs and Civil Appeals across the board against decisions of judicial fora in favour of pensioners.

Ultimately, all these cases were clubbed together and were finally heard today by the Supreme Court.

The Supreme Court has today dismissed all appeals filed by the Union of India and upheld the decision of grant of arrears with effect from 01 January 2006 rather than 24 September 2012.

Another closure to another agony. 



The amount of basic pension which was made admissible from 24 September 2012 for each rank can be discerned from this Circular issued by the Principal Controller of Defence Accounts (Pensions). The said amount plus applicable DA/DR would now be admissible from 01 January 2006. 

29 comments:

  1. When the orders to Payment disbursing authorities will be issued. Will it be PCDAO Allahabad or CDAO pune for 50%

    ReplyDelete
  2. WHEN WILL THE NEW PPO BE RELEASED?

    ReplyDelete
  3. God only knows, we the pensioners are at the Mercy of Bureaucracy, please pray for good sense to prevail, nowadays the bureaucrats behave like Munshi of a Marwadi Business man.

    Lenity

    ReplyDelete
    Replies
    1. My Dad retired in the year 1983 from the post of Major. My mother is getting family pension from 3rd April 2002 onward. Is she entitled for the same?

      Delete
  4. WHEN WILL MOD WAKE UP AND ISSUE EXECUTIVE INSTRUCTION TO PCDA PENSIONS TO INTIMATE THE PDAs TO PAY ARREARS AS STIPULATED IN GOI PENSIONERS WELFARE DEPARTMENT LEYYER DATED 30/07/2015 GRANTING ARREARS WEF 1/1/2006 INSTEAD OF 24.9.2012

    ReplyDelete
  5. I do not know how it is till sep 2012 and at the @ of sep 2012. It should be 50% of minimum of pay in the pay band. I think it will benefit mostly to junior rank that's why no body is interested and make us fool.

    ReplyDelete
  6. I do not know how it is till sep 2012 and at the @ of sep 2012. It should be 50% of minimum of pay in the pay band. I think it will benefit mostly to junior rank that's why no body is interested and make us fool.

    ReplyDelete
  7. I do not know how it is till sep 2012 and at the @ of sep 2012. It should be 50% of minimum of pay in the pay band. I think it will benefit mostly to junior rank that's why no body is interested and make us fool.

    ReplyDelete
  8. I do not know how it is till sep 2012 and at the @ of sep 2012. It should be 50% of minimum of pay in the pay band. I think it will benefit mostly to junior rank that's why no body is interested and make us fool.

    ReplyDelete
  9. I wish PCDA orders are issued quickly to pay arrears as above to PBOR/family pensioners.Too much delay has already occurred.

    ReplyDelete
  10. Good to see PCDA circular c/144 dated 14 August15 authorising payment of arrears of pension to PBOR/ family pensioners wef 1.1.2006.

    ReplyDelete
  11. in few cases the pension was revised from 1 jul 2009 and thereafter in sep 2012 there was no change. now with the supreme court order this has to be from jan 2006 for all irrespective of the fact whether the pension revised from jul 2009 or sep 2012. what is the position.

    ReplyDelete
  12. on 24 sep 2012 I am getting 5416 and from 01jul 2009 I was getting 4955 and from jun 2006 I was getting 4132. Now will I get arrears and how to calculate.

    ReplyDelete
  13. How can I check this pension increase please anyone send me this website
    I can check my pension

    ReplyDelete
  14. I am retaired jul1999.i have not received any arrears on before giving deepavali festival 2015.

    ReplyDelete
  15. My father retired on 30 November 1993 as a Sub Major from DSC and now mother getting family pension of DSC only will she will be applicable for Pre-2006, and how much will be arrear ?

    ReplyDelete
  16. A good site worthy to read
    https://www.silenttearsofthetechnicalairmen.blogspot.com

    ReplyDelete
  17. sir PBOR SBI CPPC BBSR not gven arrears as per superm court order or PCDA CIRCULAR for pre 2006 ex-servicemen please see this metter

    ReplyDelete
  18. sub maj a'alagesan from eme not receved arears as per suprime court orders the exserviceman welfare letter it is clearly menstion that arears from 1/1/2006 to24 sep 2012 as per circular issued by cda allhabad the payment made by ccpo of sbi but still understand the circular made confusion to thebanks hence reguest pay the arears at earlist

    ReplyDelete
    Replies
    1. So for not recived the same

      Delete
    2. No reply recived so for12/4/2016 letter

      Delete
  19. Sir,
    I, Hony Capt Avtar Singh, retired from Army Corps of Signals on 01/09/2006 and my pension was fixed to Rs 13500/- pm which was later revised to Rs 15465/- pm wef 24/09/2012 after noticing some anomaly in 6th pay commission. As per The Honorable Supreme Court which ruled out that the anomaly noticed at the later stage to be implemented from 01/06/2006. The same has been implemented for pre 01/06/2006 and arrears for period from 01/06/2006 to 23/09/2012 have been paid to them and post 01/01/2006 have been kept in lurk as they have not been paid any arrears for the period from their date of retirement to 23/09/2012. I took this matter with PCDA Pension Allahabad. They first replied that these orders are for pre 2006 retirees only and later replied that they have not received any instructions for post 2006 retirees. May I, therefore, request you to kindly advise me to whom I have to approach to address this problem. Thanking you.

    ReplyDelete
  20. Sir, I am Ex-Cpl. Kishore Babu from Andhra Pradesh. i was discharged from the IAF wef 1.9.1989. May I know the consequential arrears of the the Hon'ble Apex Court judgement about pension from 1.1.2006 instead of 23.9.2012.

    ReplyDelete
  21. Air Force pensioners of pre 2006 to be issued revised PPO without any further delay. As same has not been done by AFRO nor JCDA subroto park despite of repeated reminders under intimation to PCDA Allahabad. Ex JWO YASHIN Khan

    ReplyDelete
  22. Sir
    My brother retired as T S NAIK ON 31/05/88 EITH 16 YRS 9 M 25 DAYS WITH BASIC PENSION RS 325. KINDLY SEND ME EETAILS OF ARREARS.

    ReplyDelete
  23. Iam Hareendran nair v, Sir, I was retired from DSC on 30 Nov 1997, please send me the details of the arreas.

    ReplyDelete
  24. Sir, Iam Hareendran Nair.v, retired from DSC on 30 NOv 1997 after 16 years and 5 months ,17 days. Kindly send me details of my arrears

    ReplyDelete
  25. I retireed from Army Corps of Signals on 01 Sep 2006 and my pension was fixed Rs 13500 pm from my date of retirement. The same was revised to Rs 15465 pm wef 24/09/2012 due to some anomaly noticed in 6th pay commission. However, Supreme Court in its verdict ruled that the anomaly notices at later date in 6th pay commission to be paid from 01 Jan 2006 on case filed by pre 01 Jan 2006. The same has been implemented for the pre 01 Jan 2006 and post 01 Jan 2006 retirees have been left in lurk. On approaching PCDA pension Allahabad they replied that they have received the instructions to pay the arrears to pre 01 Jan 2006 retirees and no instruction have been received for post 01 Jan 2006 which is an injustice to post 01 Jan 2006 retirees and now PCDA has issued 568 circular for delinking 33 year service for pre 01 Jan 2006 retirees according to which Hony Lt pension is to be fixed to Rs 15465 pm i.e. 50 percent of Rs 30930 fitment. Whereas post 01 Jan 2006 retirees Hony Lt pension was fixed to Rs 13500 pm 50 PERCENTAGEof Rs 27000. May I request you to confirm if post 01 Jan 2006 retiree Hony. Lt/Capt are entitled for revision of their pension from their date of retirement to 23/09/2016 or otherwise for our next course of action to get ratify this issue.

    ReplyDelete