Pre-2006 pensioners, who retired from the scale of pay of Rs. 6500-10500 are entitled to a minimum pension of Rs. 9230/- w.e.f. 01-01-2006 - CAT ERNAKULAM BENCH JUDGEMENT
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CGPA - Letter - Revision of pension w.e.f. 01-01-2006 of pre-2006 pensioners who retired from the 5th CPC Scale of Rs. 6500-10500

CGPA/KL/GL/2019/1                                                   07-01-2019

To

Sri. K. V. Eapen

Secretary to Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of 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 5^th CPC Scale of Rs. 6500-10500

Ref: 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 4^th January 2019

 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 5^th 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 29^th 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 circumstances,  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 4^th 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 5^th 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 the earliest.

A line in reply is solicited.

Thanking you,           

yours faithfully

T.I. Sudhakaran, General Secretary

Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5 th CPC scale of Rs. 6500-10500/-.

Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500/- 
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