Presentation on theme: "Pre-2006 retiree Lt Col.s (and Equivalent ranks in the Air Force and Navy) retired with less than 26 years of service (28 years in case of T.S.), may please."— Presentation transcript:
Pre-2006 retiree Lt Col.s (and Equivalent ranks in the Air Force and Navy) retired with less than 26 years of service (28 years in case of T.S.), may please note.
Their pension has been fixed wrongly! Those who retired at 20 – are the biggest losers (approximate loss = Rs. 4,670/- p.m.) Those who retired at 25.5 – lose approx. Rs. 400/- p.m. only in the basic. And, of course, of the corresponding arrears since 1/1/2006. (The loss is even more for the T.S. colleagues)
Please refer to Letters No. 17(4)/2008(1)/D(Pen/Policy), Government of India, Ministry of Defence, Department of Ex- Servicemen Welfare, New Delhi-110011, dated 11.11.2008 and dated 21.5.2009
Also please refer to para 5.1.47 of the VI CPC recommendations, relevant extracts whereof are following: “ 5.1.47 ……. The fixation as per this table will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. To this extent, a change would need to be allowed from the fitment shown in the fitment table. …..” MARK THE WORDS `IN NO CASE’
Please note That Para 5.1.47, protects the revised pension (final) of a pre-2006 retiree. –To a prescribed minimum –Without discriminating within a particular rank, based on the number of years of service put in before retirement, or at all.
The govt. letters, ironically, give pension (to those who put in less than 26 years) after pro-rata reduction of the minimum grantable pension; making their final pension less than Rs 25,700/-and as such, bringing it down to that of the lower grade (PB-III) …….. ……against the express protection given by para 5.1.47.
………. This is a gross violation of Para 5.1.47 that prohibits fixation of the pension of a pre-2006 retiree lower than `fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired’.
Look at Para 5.1.47 again The reference is to the `final pension’ Mandate is for all (of a particular rank), irrespective of the no. of years of service put in before retirement (subject to the minimum of 20), Emphasis is ` IN NO CASE’, and The rule is `appropriate change in the fitment tables’.
The issue, therefore, is Non-compliance of Para 5.1.47 Whereby the final pension of the pre-2006 retiree Lt Col.s (and equivalent) having service lesser than 26 years (28 years in case of T.S.), has been fixed lesser than the prescribed minimum i.e. Rs 25,700/-.
The issue is not to be mixed with the following Already, the maximum pension of the pre-2006 retiree Lt Col.s (and equivalent) (Rs 25, 700/- p.m. basic) is as low as 81% of the minimum of what a Lt Col. (and equivalent) would get as on today (Rs 31,350/- p.m. basic). Newly introduced `20 years-full pension policy’, has no retrospective application. `One rank one pension’ has not been recommended The above disadvantages fall in a different category, requiring one to challenge the VI CPC itself.....
Present focus is on the issue regarding correct implementation of the VI CPC as per para 5.1.47.
Do apply your minds, share inputs, ask doubts if any.
Best Regards Wg Cdr (Retd.) A.K.Aggarwal Advocate-on-Record Supreme Court of India Cell: 9871102287