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Friday, January 15, 2010
SPECIMEN INDIVIDUAL PETITION FOR REVISION OF PENSION FROM 1.1.1996 - SGTs/EQUIVALENTs AND BELOW RANKs : IN THE LIGHT OF CWP NO.6223/07)
Due to Revised Scales of Pay/Groups Merger w.e.f. 10.10.1997, the rates of pensions too undergone a further upward revision from 10.10.1997, to some afffected trades/groups.
Similarly, with Merger of 50% of DP in Pension w.e.f. 1.4.2004, these rates again get changed.
The PCDA(P), in their official website, UNFORTUNATELY AND WRONGLY added the DP element, while revising the pensions w.e.f. 1.1.2006, quoting - Authority:G.O.I. letter no 14(3)/2004-D(Pen/Sers)/Vol.III dated 01/02/2006 and 02/05/2006.
The 6th CPC pension rates came into force as per MOD PENSION ORDERS OF 11.11.2008 (and the PDAs have simply applied Annexure III rates) as per Para 4 o the order, w.e.f. 1.1.2006. The beneficial FIXATION OF PENSION AS PER PARA 5 IS NOT DONE BY THE PDAs.
Further it was re-iterated for Modified Parity of pension vide MOD ORDER DATED 18.11.08 AND MOD ORDER DATED 2.2.2009, to revise the MORE BENEFICIAL PENSION to the lowest three ranks of Sgts and below equivalents, which was not done.
The PDAs were also supposed to have made available a copy of ANNEXURE -IV to the pensioner for his verification. The Govt had recently given a PUBLIC NOTICE TOO on this issue
TO : 1)THE DEFENCE MINISTER,
GOI, MINISTRY OF DEFENCE,
2)THE SECRETARY (ESW),
DEPTT OF EXSM WELFARE,
5 - A, SOUTH BLOCK,
MINISTRY OF DEFENCE, GOI,
NEW DELHI 110011
3)THE DIRECTOR (PENSION/POLICY),
213, A WING, SENA BHAVAN,
MINISTRY OF DEFENCE, GOI,
NEW DELHI 110011
4)THE DIRECTOR, INTEGRATED HQ (AIR FORCE),
SOUTH HUTMENTS, KASHMIR HOUSE,
RAJAJI MARG, MINISTRY OF DEFENCE, GOI,
NEW DELHI 110011
5)AIR HEADQUARTERS (VAYU BHAVAN)
DTE OF PAY PENSION AND REGS.
NEW DELHI 110011
SUBJECT - REVISION OF SERVICE PENSION FROM 1.1.1996 ONWARDS - REGARDING
REF :- 1) GOI MOD LTR NO.1(2)98/D(PEN/SER) DATED 3/2/98 AND 14/7/98.
2) GOI MOD LTR NO. 1(1)99/D(PEN/SER) DATED 7/6/99.
3) GOI MOD LTR NO. 14(3)/2004-D(PEN/SER)/VOL.III DATED 1.2.06.
4) PCDA(P) ALLAHABAD CIRCULAR 350 DATED 19.5.06
5) GOI MOD LTR NO.17(4)/2008(1)/D(PEN/POLICY) DATED 11.11.08.
6) PCDA(P) ALLAHABAD CIR ULAR NO.397 DATED 18.11.08.
7) PANJAB &HARYANA HC JUDGEMENT (CWP NO.6223/2007 DATED 26.5.2008)
1. I have the honour to state that I was sanctioned a Service Pension of Rs.----------P.M. w.e.f.------------------ vide Pension Payment Order No. ------------------------------------- on my discharge from the IAF. My pension was revised to Rs.--------------PM- w.e.f.1.1.96 as per V CPC formula (Exiting pension +148%DA+IR-1+IR-2+40% fitment on EP = RP. i.e. Rs............+.........+50+60+..........=Rs...............). My revised pension rates fixed on various dates are as stated below-
The Revised Consolidated Penssion (RCP) and Revised Pension(RP) payable to the Pensioner
for ---------years of qualifying service is :-
RCP Rs.--------/- wef 1.1.96 Table No............. annexed to GOI MOD ltr No.1(2)/98(Pen/Ser) d/d 14/7/98 (V CPC recommendations).
RP Rs.------------ wef 1.4.04 Table No.------ annexed to O/o the PCDA(P) Allahabad circular No.350 d/d 19/5/06 (with 50% DP merged).
RP Rs.---------- wef 1.1.06 ---------------------do ---------------------- (without merger of 50%DP)
RP Rs.--------/- wef 1.1.06 ---------------------do---------------------------(with 50% DP merged)
RP Rs.---------/- wef 1.1.06 vide GOI MOD ltr No.17(4)/2008(1)/D(Pen/policy) daated 11.11.08 and O/o PCDA(P) Allahabad Circular No.397 d/d 18/11/08 (VI CPC recommendations) (BUT the my PDA ------------Bank,------------------------------------Dt.--------------- had fixed Rs.-----------/- as my basic pension wef 1.1.2006 and being paid as on date.)
(THESE REVISED PENSION RATES ARE INCORRECT WITH REFERENCE TO
(1) REVISION OF EFFECTIVE DATE - 1.1.1996.
(2) CALCULATION OF EMOULMENTS FOR PENSION FIXATION PURPOSE ON SCALE OF PAY OF RANK/GP (IN NO CASE SHALL BE LESS THAN 50% OF THE MAXIMUM OF THE REVISED SCALE OF PAY INTRODUCED WEF 1.1.1996 FOR THE RANK/GROUP LAST HELD.
2. HENCE, THIS APPEAL TO YOU TO KINDLY INTERVENE AND ISSUE ORDERS TO SET RIGHT THE ISSUE URGENTLY - AS PER THE FOLLOWING SUBMISSIONS:-
(A) REVISION OF EFFECTIVE DATE 1.1.1996:- The Panjab and Haryana High Court Judgement CMP No.6223/2007 dated 26.5.2008, had quashed the effective date 1.1.06 vide Para 9 of MOD circular dated 1.2.2006, (we allow the present writ petition and quash the cut off date 01.01.2006 and clause (9) of circular dated 1.2.2006 and direct the respondents to grant revised pensionary benefits to all the petitioners and similarly situated PBOR within a period of six months from today.) and directed the GOI to grant revised pensionary benefits to all the petitioners and similarly situated PBORs, W.E.F. 01.01.1996. The relevant Paras 8, 11, 15 and 16 (discussed on the issue) of the Judgement are furnished below:-
"8. Pay Commissions are constituted by the Government of India regarding revision of pay scales and pensionary benefits to the employees of the Central Govt including armed forces. While accepting the
recommendations of 5th Pay Commission, no pensionary benefit accrued to PBOR which is apparent from circular dated 07.06.1999 which is reproduced above. It would be totally unfair and illogical that while other employees of the Central Government got the benefit of recommendations of 5th Pay Commission but the lowest ranks of the Armed Forces were deprived of any increase in pensionary benefits. Though it is the stand of the Government of India that a Group of Ministers was constituted to examine the demands of ex-servicemen for one rank one pension but the fact remains that the Group of Ministers found an anomaly in respect of pensionary benefits payable to PBOR. The recommendation of the Group of Ministers was that the pension of pre 01.01.1996 retiree PBOR is to be revised with
reference to maximum of post 01.01.1996 pay scales meaning thereby that pension was to be revised in terms of the maximum of post 01.01.1996 pay scales. Once in respect of pre 01.01.1996, pension was required to be redetermined with respect to maximum scale of the post w.e.f. 01.01.1996, the cut off dated 01.01.2006 loses its reasonableness. There is no explanation to pick up date 01.01.2006 for the grant of revised pensionary benefits to PBOR except that date has been fixed keeping in view the
financial condition of the Government but the fact that it was an anomaly in the pensionary benefits payable to PBOR could not be disputed. Once there was anomaly in respect of pensionary benefits, pensionary benefits are payable from the date of creation of anomaly and that interpretation will alone serve the purpose and the object of removing anomaly.
11. Though financial constraint is a valid criteria for fixing cut off date for grant of benefits but in the present case, neither the respondents had given any data in respect of financial constraints nor such financial constraints can be relevant when anomaly in the pensionary benefit is sought to be removed. If all other retirees of Government of India have got the benefit of revised pension then why the lowest rank of Armed Forces have been deprived the benefit of revised pension. Since anomaly is sought to be removed in pursuance of the recommendations of the Group of Ministers, PBOR would be entitled to revised pension from the date other employees of the Central Govt have got the revised pensionary
benefits. The plea of financial constraints has been raised in respect of lowest paid employees of the Armed Forces, when all other categories of employees including services have been given the benefit. Such discriminatory treatment is wholly arbitrary.
15. ................. However, in the present case, it is not a new scheme which is being introduced but an anomaly which was noticed in the circular granting revised pensionary benefits alone which is sought to be removed by the recommendations of the Group of Ministers. Such recommendations have to be given effect from the date anomaly arises and not from any other date.
16. In view of the above, we allow the present writ petition and quash the cut off date 01.01.2006 and clause (9) of circular dated 1.2.2006 and direct the respondents to grant revised pensionary benefits to all the petitioners and similarly situated PBOR within a period of six months from today."
(B)CALCULATION OF EMOULMENTS FOR PENSION FIXATION PURPOSE ON SCALE OF PAY OF RANK/GP (IN NO CASE SHALL BE LESS THAN 50% O THE MAXIMUM OF THE REVISED SCALE OF PAY INTRODUCED WEF 1.1.1996 FOR THE RANK/GROUP LAST HELD. NOT LESS THAN 50% OF PAY SCALE:
GOI MOD ORDER D/D 3.2.98, prescribes, - I. The term reckonable emoluments shall mean:- (a) Officers:- xx xx xx xx xx (b) P BORs including N cs ( E):- Maximum of scale of pay of the rank and group in the pre-revised scales plus 50% of the highest classification pay appropriate to the pay group plus actual Dearness Allowance upto AICII 1436 and Interim Relief I & II. For calculation of gratuity and family pension, basic pay, Classification Pay actually drawn will be included in computing reckonable emoluments”. However, while issuing circular on 7-6-1999 in respect of implementation of Government's decision on the recommendations of 5th Pay Commission allowing pensionary benefits in respect of COMMISSIONED OFFICERS/PBORs, it was circulated as under:-
“ 2.1 Commissioned Officers-Post & Pre 1.1.96 cases- (a) Pension shall continue to be calculated at 50% of the average emoluments in all cases and shall be subject to a minimum of Rs.1275/- p.m and a maximum of upto 50% of the highest pay applicable to Armed Forces personnel but the full pension in no case shall be less than 50% of the minimum of the revised scale of pay introduced w.e.f. 1.1.96 for the rank last held by the Commissioned at the time of his/ her retirement. However, such pension shall be reduced pro rata, where the pensioner has less than the maximum required service for full pension.
(b) and ( c) xx xx
“2.2. PBOR- Post and pre 1.1.96 cases- The revision of service pension in terms of these modified orders in respect of PBOR retirees will not be beneficial except for the rank of JCOs granted Hony.
Commission of Lt. and Captain as the service pension is calculated at the maximum of the pay scale including 50% of highest classification allowance, if any of the rank and group in which paid.
In terms of clause 2.2 of the above circular, the revision in the service pension was not beneficial for PBOR retirees except for the rank of JCO granted honorary commission. It is the case of the petitioners that three lowest ranks of the Air Force, such as Sepoy, Naik and Havildar, were not getting any benefit of revision of pension as circulated by the Government of India itself. The Group of Ministers examined the demand of exservicemen claiming same pension for the same rank, found that there was justification in improving the pensionary benefits of PBOR, particularly three lowest ranks. While accepting the recommendations of the Group of Ministers on 01.02.2006, it was inter alia circulated as under:-
“ 2. Finally, GOM unanimously recommended that the pension of pre 1.1.1996 retiree PBOR may be revised with reference to the maximum of post 1.1.1996 pay scale. In addition, the weightage of Sepoy, Naik and Havildar ranks for past as well as future retirees be increased to 10/8/6 years respectively subject to a maximum qualifying service of 30 years. The benefit would be given only in respect of service pension. 3. The above recommendations of the GOM have been accepted by the Government. Sanction of the President is hereby accorded to the modifications to the extent specified in this letter in the relevant Rules/Regulations/Instructions concerning pensionary benefits of the PBOR. 4. xx xx xx xx
5. The following is added after Para 2.2 (a) of this Ministry's letter No. 1(1)/99/D/D(Pen/Services) dated 7.6.1999 relating to revision of pension of post and pre 1.1.1996:
“ With effect from 1.1.2006, pension of pre 1.1.1996 retirees in all ranks of PBOR in Army, Navy and Air Force for 33 years of qualifying service shall not be less than 50% of the maximum pay in the revised scales of pay introduced with effect from 1.1.1996 including 50% of highest classification allowance, if any, of the rank and group held continuously for 10 months preceding retirement subject to a minimum pension of Rs.1913/- p.m.
Such pension shall be reduced pro rata where the pensioner has less than the maximum qualifying service for full pension that is 33 years. (the GOI MOD Order Dated 3.2.98 Prescribes a min.pension of Rs.1275/-).
3. TO CUT THE LONG STORY SHORT, I SUBMIT THAT, the Minimum and Maximum Service Pensions of Armed Forces personnel were increased by successive CPCs are furnished below for your ready reference:-
WEF 1.1.96=MIN(MAX) PEN OF IV/V CPC - INCREASE (MULTIPLIED)
(1) Rs.375-Rs.5000/-= Rs.1275-Rs.15000/- - 3.4/3 TIMES (CG EMPLOYEES)
(2) Rs.375/- ----- =Rs.1913/- -------- - 5.101/ TIMES (MOD ORDER 1.2.06.)
WEF 1.1.06=MIN(MAX)PEN OF V/VI CPC - INCREASE(MULTIPLIED)
(1)Rs.1275-15000/-= Rs.3500-45000/- -2.745/3 TIMES (CG EMPLOYEES)
(2)Rs.1913/- ---- = Rs.3500/- ----- -1.829/3 TIMES (AF PENSIONERS)
4. I bring to your kind notice that while upper level Pension rates are maintained at 3 times increase, the lower level Pension Rates have been decreased considerably from 3.4 TO 2.745(by .655 times) for CG Employees and from 5.101 to 1.829 times(by 3.272 times), paving way for a wide disparity. Equity, Justice and Fairplay demand that this Disparity/Decrease rates for lower ranks, at least, be maintained akin to IV to V CPC increase (3.4 times).HENCE YOUR PERSONAL INTERVENTION IS REQUESTED TO SET RIGHT THE MALADY.
5. In view of the applicability of this judgement in my pension case, and the MOD order 1.2.06, my correct Service Pension (for 18 years reckonable service) should have been fixed w.e.f. 1.1.96 at the rates as given below:- (the figures given as an example)
RCP - Rs.551/- X 5.101 = Rs.2810/- w.e.f. 1.1.96
RCP - Rs.2835/-(Rs.2810/-+25/- (50% of Classn allowance)wef 10.10.97
RP - Rs.4240/-(Rs.2810+1405=4215/-+25-) (with 50% merger of DP with basic pension WEF 1.1.04)
RCP - Rs.6690/- (2810 x 2.26=6350/-( VI CPC Formula) + Rs.100/-Classn.allowance+ Rs.240/- GCB 1,2,3 rates) w.e.f. 1.1.06 as per VI CPC Recommendations - (NOT BENEFICIAL),
HENCE-BENEFICIAL PENSION AS PER VI CPC FORMULA - (3.4 TIME INCREASE) :
RCP Rs.9900/-(2810 X 3.4=9554 R/O=9560)+ Rs.100/-Classn.allowance+ Rs.240/- GCB 1,2,3 rates)W.E.F.1.2.06. OR 9560 X 24 / 33=6952 R/O 6960 +100+240=7300)
3. You are requested to kindly pass orders so that my correct pension is revised by AFRO as stated above and issue a Corr.PPO at an early date.
4. Thanking you sir.
Encl : As stated Yours faithully,
Date :................... (x y z )Ex-sgt
1) CGDA, WEST BLOCK, RK PURAM, New Delhi- for kind information and necesssary action.
2) PCDA(PENSION),DRAUPADI GHAT, Allahabad(U.P.) - --do--
3) Jt.CDA(AF),C/O AFCAO,SUBROTO PARK, New Delhi-10 --do--
4) AFRO, SUBROTO PARK, New Delhi -110010 --do--