Full Pension to Pre 2006 Pensioners with more than 20 years of service
After implementation of 6th CPC report, Pre 2006 Pensioners who did not
complete 33 years of Service are paid only pro-rata pension as against
Post 2006 Pensioners who are entitled for full pension after completion
of 20 years of Service
Appeal made to PM for Full Pension to Pre 2006 Pensioners with more than 20 years of service at par with Post 2006 Pensioners
Railway
Senior Citizens Welfare Society has put forward an appeal before Prime
Minister for implementation of judgements of various Courts for Full
Pension to Pre 2006 Pensioners with more than 20 years of service at par with Post 2006 Pensioners
RAILWAYS SENIOR CITIZENS WELFARE SOCIETY
Head Office: 32, Phase- 6, Mohali-160055 (Ph. 0172 2228306, 09316131598)
Email:rscws1991@gmail.com
No. RSCWS/ CHD/2015-5
Shri Narinder Modi,
Hon. Prime Minister of India &
Minister of Personnel, PG and Pensions,
Subject: Appeal
for implementation of judgements of various Courts for Full Pension to
Pre 2006 Pensioners with more than 20 years of service – at par with
Post 2006 Pensioners
Reference:-
i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-2008 ii)
DOP&PW O.M. – F.No. 38/37/08-P&PW (A), dated 1st September, 2008 iii) DOP&PW O.M. – F.No. 38/37/08-P&PW pt.1 dated 3.10.2008
iv) Judgements of CAT New Delhi in OA 1165/2011, Dated 21-4-2015
v) Judgement
of High Court New Delhi in W.P.(C) 8012/2013 dated 09-4-15 / 07-5-2015
vi) Judgement of Supreme Court in SLP CC No. 21044/2014 dated 20-2-2015
1.
We invite your kind attention and urgent intervention towards the
hardship and suffering of Central Government Pensioners for the
last 7 years because of unjust mutilation of the accepted
Recommendations
of the Sixth Pay Commission and non implementation of judgements of
various Courts thereon.
2. All Post 2006 Pensioners with more than 20 years of service are being
paid Full Pension (i.e. 50% of their last pay drawn or 50% of 10 months
average pay – whichever is
higher). But the Pre 2006 Pensioners with less than 33 years of service
but more than 20 years of service are being paid pro rata Pension
reduced as per number of years of service falling short of 33 years.
This is discriminatory.
This was due to an unjust amendment vide DOP&PW’s so called clarifactory OM dated 3-10-2008 (Ref iii above) in contravention to the Resolution of GOI dated 29-8-2008. This OM has been quashed in various judicial pronouncements as mentioned below.
3.
Principal Bench of Central Administrative Tribunal (CAT) in OA
1165/2011 Dated 21-4-2015 in Partap Narayan and others–vs-UOI, held as
under:
“13. It is made clear that this parity of pension between pre and post-1.01.2006 pensioners (on the question of eligibility
of minimum pensionable service of twenty years) would apply both as
regards pension and family pension. The respondents are granted
three months time from the date of receipt of this
order for implementation of directions contained in this order.”
4.
High Court New Delhi in W.P.(C) 8012/2013 dated 9-4-15/ 07-5-2015 S.
A.Khan and Another –vs- UOI had passed the following orders:
“25. Firstly that the policy decision of the Government in the Office Memorandum
dated September 01, 2008 to fix pension for all category of pensioners
did not classify post and pre January 01, 2006 retirees and
all were entitled to pension as per a common formula. Under the garb of clarification the Office Memorandum of October 03, 2008 followed by the Office Memorandum dated October 14, 2008 and repeated in the Office Memorandum
dated January 28, 2013 the cut-off date was inserted by an officer of
the Government having no authority to cut down the beneficial policy
decision notified on September 01, 2008. Secondly for the reason the
cut-off date is arbitrary and fouls Article 14 of the Constitution of
India.
“26.
The writ petitions are allowed. The Office Memorandums – introducing
the cut-off date and mandating that pre January 01, 2006 pensioners
would have their pension fix by pro-rata reducing the same by such
numbers of years they have rendered less service than 33 years – are
quashed. It is declared that the writ petitioners would be entitled to
full pension post January 01, 2006 without any pro-rata cut therein. The
arrears paid within six weeks from today failing which the amount
payable would bear simple interest @ 9% per annum reckoned six weeks
hereinafter.
5. Supreme Court had also
dismissed
the SLP in CC No. 21044/2014 dated 20-2-2015UOI-vs-M. O. Inasu –
Arising out of impugned final judgement and order dated 07/01/2014 inCAT
No. 8/2014 passed by the High Court of Kerala at Ernakulam – on the
same issue.
6.
It is deeply regretted that the periods prescribed in the said
judgements had expired long back but these judgements have not been
implemented forcing the poor old Pensioners to repeated litigation at
the fag end of their lives
7. It is, therefore, requested that:
A)
Orders of the DOP&PW dated 3-10-2008, 14-10-2008, 11-2-2009, Para 5
of OM Dated 28-1-2013 and OM dated 19.03.2010 cited above may please be
quashed/withdrawn – as held in the judgements of CAT New Delhi in
OA 655/2010 and OA 1165/2011; and those of the Supreme Court
& High Courts cited above;
B) All Pre 2006 Pensioners who had completed more than 20 years of qualifying service may please be granted Full Pension (instead of pro rata Pension) – as in the case of Post 2006 Pensioners.
With regards,
(Harchandan Singh)
Secretary General, RSCWS
