Proposal of the Staff Side to record disagreement of the unsettled
6th CPC anomalies and to refer the same to Arbitrator.
F. No. 11/1/2015-JCA
Government of India
Ministry of Personnel, PG
and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 13th April, 2018
To
Shri S. G. Mishra
Secretary, Staff Side
National Council
Staff Side (JCM),
13-C, Ferozshah Road, New Delhi - 110 001
Subject:
Proposal of the Staff Side to record disagreement of the
unsettled 6th CPC anomalies and to refer the same to Arbitrator.
Sir,
I
am directed to refer to your letter no. NC-JCM-2008/6th CPC dated
14.08.2017 on the subject cited above and to say that the comments
received from Department of Pension & PW vide OM No.
42/21/2009-P&PW(G)33199 dated 09/04/2018 regarding Parity/Modified
Parity in pension/revised pension/family pension of all pre-1996
retirees with those who retired on or after 01.01.2006 is enclosed.
2. It is requested that comments on the aforesaid item if any, may
please be forwarded to this Department.
Encl.: As
above.
Yours sincerely
(Raju Saraswat)
Under Secretary (JCA)
Tele:
23092110
No. 42/21/2009-P&PW(G)/33199
Government of India
Ministry of
Personnel, PG and Pensions
Department of Pension & Pensioners
Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Date:-
09th April, 2018
OFFICE MEMORANDUM
Subject:-
Proposal
of the Staff Side to record disagreement of unsettled 6th CPC anomalies
and to refer the same to Arbitrator-Comments of DoPPW
The
undersigned is directed to refer to DoPT's DO No. 11/1/2015-JCA dated
26.03.2018 on the subject cited above and to say that the comments of
this Department in respect of Item No 15,16,17 & 21 are enclosed
(Annex-A).
2. This issues with the approval of competent
authority.
Encl: Annex-A
(Charanjit Taneja)
Under Secretary to the Govt. of India
Shri
D.K.Sengupta
Deputy Secretary (J CA)
Department of Personnel and
Training
North Block, New Delhi
Annex-A
Item
no. 15,16,17&21:- Parity/ Modified Parity in pension/revised
pension/family pension of all pre-1996 retirees with those who retired
on or after 01.01.2006 .
In accordance with an Office Memorandum
dated 01.09.2008, for revision of the pension of the pre-2006
pensioners, the pension/family pension of existing pre-2006
pensioners/family pensioners was to be consolidated with effect from
01.01.2006 by adding together (i) The existing pension/family pension
(ii) Dearness Pension, where applicable (iii) Dearness relief upto AICPI
(IW) average index 536 (Base year 19823100) i.e. @ 24% of Basic
Pension/Basic family pension plus dearness pension as admissible and
(iv) fitment weightage @ 40% of the existing pension/family pension.
Para 4.2 of the Office Memorandum dated 01.09.2008 provided that the
fixation of pension will be subject to the provision that the revised
pension, in no case, shall be lower than fifty per cent of the minimum
of the pay in the Pay Band plus the Grade Pay corresponding to the
pre-revised Pay Scale from which the pensioner had retired and in the
case of HAG+ and above scales, this will be fifty per cent of the
minimum of the revised Pay Scale.
2. Clarification on various
provisions of the OM dated 1.9.2008 were issued vide Department of
Pension and PW OM No.38/37/08-P&PW(A) pt. 1 dated 3.10.2008. In
regard to Para 4.2 of the OM dated 1.9.2008 the following clarification
was issued:-
"The pension calculated at 50% of the minimum
of
pay in the pay band plus grade pay would be calculated at the minimum of
the pay in the pay band (irrespective of the pre-revised scale of pay)
plus the grade pay corresponding to the pre-revised pay scale. For
example, if a pensioner had retired in the pro-revised scale of pay of
Rs.18400-22400, the corresponding pay band being Rs. 37400-67000 and the
corresponding grade pay being Rs. 10,000/- p.m., his minimum guaranteed
pension would be 50% of Rs. 37,4001 Rs. 10,000 (i.e. Rs. 23,700).
The
pension will be reduced pro-rata, where the pensioner had less than the
required service for full pension as per rule 49 of the CCS(Pension)
Rules, 1972 as applicable on 01.01.2006 and in no case it will be less
than Rs. 3500/- p.m.
In case the pension consolidated as per
para 4.1 of OM.No.38/37/08-P&PW(A) dated 1.9.2008 is higher than the
pension calculated in the manner indicated above, the same (higher
consolidated pension) will be treated as Basic Pension."
3. In
the Agenda item, the JCM (Staff side) claimed that the revised
pension/family pension of all pic-2006 pensioners/family pensioners
would not be less than 50% of the minimum of the pay band l grade pay,
corresponding to the pre-revised pay scale from which pensioner had
retired, as arrived at with reference to the fitment tables annexed to
Ministry of Finance, Department of Expenditure's O.M. No. l/l/2008-IC
dated 30.8.2008.
4. In the last meeting of the Anomaly Committee
the staff side argued that a reading of the recommendation of the Sixth
Pay Commission on the matter indicated that the intent of the Pay
Commission was to grant modified parity to pro-01.01.2006 pensioners by
allowing the same fitment benefit as is being recommended to the
existing Government employees subject to the provision that revised
pension shall not be lower than 50% of the minimum of the pay in the pay
band prescribed for the grade pay and the sum of the grade pay with
reference to the minimum of the pay band plus the grade pay which is not
consistent with the recommendation of the Sixth CPC. Officer of
Department of Expenditure stated that this was not the intent of me
recommendation of the Pay Commission. After some discussion, the Staff
Side request the Official Side to examine the matter once again.
5. After the above meeting of the Anomaly Committee, the following
decisions have been taken by the Government:
(i)
Orders were issued vide this Department's OM of even number dated
28.1.2013 for stepping up of pension of pre-2006 pensioners w.e.f.
24.9.2012 to 50% of the minimum of pay in the pay band and grade pay
corresponding to pre-revised pay scale from which the pensioner retired.
Para 5 of this OM provides that in case the consolidated pension/family
pension calculated as per para 4.1 of OM. No.38/37/08-P&PW (A)
dated 192008 is higher than the pension/family pension calculated in the
manner indicated in the OM. dated 28.1.2013, the same (higher
consolidated pension/family pension) will continue to be treated as
basic pension/family pension.
(ii) Subsequently, in compliance
of an order dated 1.11.2oll of the Hon'ble CAT, Principal Bench in OA
No. 655/2010, order dated 29.4.2013 of Hon'ble, High Court of Delhi in
WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon'ble Supreme Court
in SLP (C) No. 36148/2013, order were issued vide this Department's 4
O.M. No.38/37/O8-P&PW(A) dated 30.7.2015 that the pension/family
pension of all pre ~ 2006 pensioners/family pensioners may be revised in
accordance with this Department's O.M. No.38/3 7/08-P&PW(A) dated
28.1.2013 with effect from 1.1.2006 instead of24.9.2012.
(iii)
Vide OM. No.38/37/08-P&PW(A) dated 6.4.2016, it was decided that the
revised consolidated pension of pre-2006 pensioners shall not be lower
than 50% of the minimum of the pay in the Pay Band and the grade pay
(wherever applicable) corresponding to the pre-revised pay scale as per
fitment table without pro-rata reduction of pension even if they had
qualifying service of less than 33 years at the time of retirement.
6.
With the issue of the aforesaid orders, the demand of the staff side in
regard to modified parity to pre-2006 pensioners has been accepted and
implemented.
Source :
Confederation
