Pensioner retired from the scale of Rs.
6500-10500 is entitled to a minimum basic pension of Rs.9230/ w.e.f. 01-01-2006
– Reiterates Bangalore CAT – Relevant portion from Judgement CLICK HERE FOR THE JUDGEMENT
Personnel, Public Grievances and Pensions
Pension & Pensioners’ Welfare
Lok Nayak Bhavan,
Khan Market, New Delhi -110 003
Sub: Revision of pension w.e.f. 01-01-2006 of
pre-2006 pensioners who retired from the 5th CPC Scaleof Rs. 6500-10500
Government of India, Ministry of Personnel, Public Grievances and Pensions,
Department of Pension
and Pensioners’ Welfare OM F. No. 38/33/12-P&PW (A) dated 4th January
Kind reference is invited to the above OM,
wherein the minimum pension for the pre-2006 pensioners who retired from the
pay scale of Rs. 6500-10500 in the 5th CPC or equivalent pay scales
in the earlier Pay Commissions has
been enhanced to Rs. 8345 from 8145 with effect from 01-01-2006. Prima facie, the OM is unjust and illegal as it has been
issued in blatant violation of the earlier orders issued by GOI itself as well as a number of
court verdicts including that of the Apex Court.
As per Government of India, Ministry
of Finance, Department of Expenditure Gazette Notification dated 29th
August 2008, (Part-B, Section-1) the posts in the scale of Rs. 5000-8000 and
5500-9000 should be merged with the post in the scale of Rs. 6500-10500 w.e.f.
01-01-2006. Subsequently the Ministry of Finance OM No. 1/1/2008-IC dated 13-11-2009 had clearly
stipulated that the posts which were in the
pre-revised pay scale of Rs.
6500-10500 as on 01-01-2006 and which were granted the normal replacement pay
structure of Grade Pay of Rs. 4200/- would be granted grade pay of Rs. 4600/-
corresponding to the pre-revised scale of 7450-11500 w.e.f.
01-01-2006. The benefit of this up-gradation was allowed to those in service
with effect from 01-01-2006 and to those who retired after 01-0-2006. But the
benefit of this up-gradation was
not extended to the pre-2006 pensioners and so some of the aggrieved pensioners
approached various Courts of Law and attained verdicts in their favour. In the
Pensioners’ Associations have been requesting GOI for a long time to issue a
general order extending the benefit to similarly placed pensioners.
Though it was in these circumstances the
order referred to above has been issued, it neither complies with the VI CPC
orders nor with the verdicts of the Courts. Instead of allowing Rs. 9230/- As minimum pension
applicable to the scale of pay of Rs. 7450-11500, it allows Rs. 8345/- only as
minimum pension which has no relation with any of these scales introduced after
VI CPC. It is strange to note that in this controversial order, the Pension
Ministry introduces a ‘Sphinx’ scale which has the Band Pay of Rs.
6500-10500and the Grade Pay of Rs. 7450-11500. It is an undisputable fact that
the Ministry has no authority to introduce a new scale of pay or a new pay
fixation procedure disregarding VI CPC orders with an ulterior motive to
restrict or curtail the just and legitimate monetary benefit entitled to a
section of pensioners. CCS (RP) Rules, 2008 is a Rule notified under the
proviso to Rule 309 of the Constitution of India by the President of India and
hence it has a statutory status and Ministry has no powers to issue an
administrative order in violation of it.
As you are aware, as per VI CPC orders
the minimum pay in the Pay Band + Grade Pay for the pre-revised scale of Rs. 7450-11500 is Rs.
18460 (13860+4600). So the minimum pension should be Rs. 9230/- (50% of Rs. 18460/-). In the light
of the foregoing facts, this Association requests you to withdraw the above OM
dated 4th January 2019 forthwith and issue revised orders
sanctioning Rs. 9230/- as minimum
pension to those pensioners who retired from the pay scale of 6500-10500 in the
5th CPC or equivalent pay scales in earlier CPCs. Any failure or
delay in this regard will result in opening another Pandora’s Box of
litigations which, no doubt, can be avoided by issuance of a sensible order at