Saturday, August 27, 2016

GOI lose another legal battle against Pensioners-First SLP of Govt DISMISSED by HSC Reg pro-rata Pension & for full Pension to Pre 2006 for less than 33 years & more than 20 years service

CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH in their order dated 16.08.2013 in Original Application No. 715 of 2012 w i t h Original Application No. 1051 of 2012  in concluding para 7 & 8  ruled:

7.    In the light of the above, the settled law is that in no case the pension of the pre-2006 pensioners shall be lower than fifty percent of the minimum of the pay in the Pay Band plus Grade Pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. It meas that pension of a pre-2006 retiree has to be first calculated taking into account the revised pay in the pay in the Pay Band plus Grade Pay corresponding to the pay scale from which he retired proportionate to the length of his service and then find what is 50% of the minimum of the Pay Band plus Grade Pay and fix higher of the two as his pension. Hence the applicants are eligible to get the minimum pension in the Pay Band plus Grade Pay of the Deputy Office Superintendent, the post from which they had retired, with effect from 01.01.2006. Accordingly, the O.As are allowed as under.

8.    The respondents are directed to issue revised Pension Payment Order (PPO) to the applicants specifying the pension on the basis of Para 4.2 of the O.M. dated 01.09.2008, i.e. 50% of the minimum of the pay in the Pay Band plus Grade Pay of the Deputy Office Superintendent and also corresponding family pension and grant all consequential benefits including arrears of pension within a period of 02 months from the date of receipt of a copy of this order. No costs.

                  (Dated, the 16th August, 2013)

  (K. GEORGE JOSEPH)                                   (Dr. K B S RAJAN)
ADMINISTRATIVE MEMBER                                  JUDICIAL MEMBER 

The Honorable  Kerala High Court at Ernakulum vide their orders 7th Jan 2o14 rejected the appeal of UOI against the CENTRAL ADMINISTRATIVE TRIBUNAL     ERNAKULAM BENCH in their order dated 16.08.2013 in  Original Application No. 715 of 2012  w i t h Original Application No. 1051 of 2012

(Source- Bharat Pensioners Samaj website)


  1. Life long the complaints never end over pay/pen benefits. Is this situation prevailing in any developing country like ours. If so a detailed coverup incase anybody prepare and informed through this site would be a sigh of rleif to all. Very delicated issue indeed.

    1. 1.The so called pay commission experts should give worked examples.without which this kind of things will continue to prevail.Our experts use the English very ambigously.
      Wht is doubt in the 6th CPC exerpts.Why it was not imlemented in toto after acceptance.
      2.It is the duty of the pension cell of the indivdual forces,or all the three should sit down together,interpret the report and put up the decided figure to be implementd to the PCDA for verification and auhentication.Our employers had fully disowned us after retirment.They do it for only the would be retirees not for the already pensioned people .For Example, you send a letter to record office ,now adays they act as mere post box-they send it to the PCDA without even going through it and recommending the facts.Whose fault is t anyway.


    1 The recommendation regarding payment of full pension on completion of 20 years of qualifying service will take effect only prospectively for all Government employees other than PBORs in Defence Forces from the date it is accepted by the Government (6.5.3.)
    For me it is recommend retrospectively-pensioners too covered antidated

    2 All past pensioners should be allowed fitment benefit equal to 40% of the pension excluding the effect of merger of 50% dearness allowance/dearness relief as pension (in respect of pensioners retiring on or after 1/4/2004) and dearness pension (for other pensioners) respectively. The increase will be allowed by subsuming the effect of conversion of 50% of dearness relief/dearness allowance as dearness pension/dearness pay. Consequently, dearness relief at the rate of 74% on pension (excluding the effect of merger) has been taken for the purposes of computing revised pension as on 1/1/2006. This is consistent with the fitment benefit being allowed in case of the existing employees. 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 sum of the minimum of the pay in the pay band and the grade pay thereon, corresponding to the pre- revised pay scale from which the pensioner had retired. (5.1.47)

    Accepted with the modification that fixation of pension shall be based on a multiplication factor of 1.86, i.e. basic pension + Dearness Pension(wherever applicable) + dearness relief of 24% as on 1.1.2006, instead of 1.74
    This accepted notification itself assures 50% of last pay drawn as pension without pro rata.