ups_00071 — Modified parity is to be adopted in fixing the pension to S-29 pensioners retired prior to 1-1-2006 in Sixth Pay Commission and no relief is warranted to S-30 pensioners retired prior to 1-1-2006 as their pension is to be kept at the initial pay of grade ₹ 67,000-79,000 as decided by Government already

UPS

Modified parity is to be adopted in fixing the pension to S-29 pensioners retired prior to 1-1-2006 in Sixth Pay Commission and no relief is warranted to S-30 pensioners retired prior to 1-1-2006 as their pension is to be kept at the initial pay of grade ₹ 67,000-79,000 as decided by Government already — The document discusses two Original Applications (OAs) numbered 937 and 2101 of 2010, both seeking to upgrade pensioners' pension in Sixth Pay Commission scales of pay. The applicants in OA 2101 were... — Facts: The O.As are disposed of by this judgment delivered by a Full Bench of Principal Bench as the prayers are same to upgrade their pension in Sixth Pay Commission scales of pay. There are 5 Applicants in O.A. No. 937 of 2010 and 3 Applicants in O.A. No. 2101 0f 2010. O.A. No. 2101 of 2010 was filed by Applicants who were in the scale of pay of ₹ 22,400-24,500 known as S-30 scales and ₹ 18,000 - 22,400 known as S-29 scales of pay in Fifth Pay Commission. Sixth Pay Commission came into force with effect from 1-1-2006. The Applicants in O.A. No. 937 of 2010 are pre-1-1-2006 retirees who are now in S-30 scales of pay of Sixth Pay Commission. The prayer in all these O.A.s are that, pre-2006 pensioners may be allowed a total parity with post-1-1-2006 pensioners by notionally revising their pay as on 1-1-2006 and then fixing pension at 50% of that notional pay. Full Bench of the Tribunal had already decided the pension fixation of S-29 pensioners by modified parity in the Sixth Pay Commission scales of pay. In the case of SAG (S-29) Pensioners' Association and another v. Union of India and another [ O.A. No. 655 of 2010 decided on 1-11- 2011 ] after taking into account the decision of D.S. Nakara v. Union of India [ 1983 (1) SCC 305 ]. The relief asked for by S-29 pensioners is for further increase than modified parity with employees of Government serving after 1-1-2006. The judgment referred by S-29 pensioners namely, S. P.S. Vains [ 2008 (9) SCC 125 ] relates to Army personnel based on one rank-one-pension formula". As regards S-30 pensioners who pray for fixing their pension to ₹ 75,500 at par with the pay scale of S-31, the same was rejected as those pensioners are not entitled to the said relief. It was further explained for rejection of the relief asked for by S-30 pensioners, the Tribunal listed out the scales of pay of S-30 and S-31 pensioners in Third, Fourth, Fifth and Sixth Pay Commission scales of pay. The pension for S-30 pensioners is ₹ 33,500 per month in the pay scale of ₹ 67,000-79,000 and S-31 pensioners is ₹ 37,750 in the pay scale of ₹ 75,500-80,000. From Third Pay Commission to Sixth Pay Commission, the pay scale of S-30 and S-31 pensioners were different. S-30 category were in the pay scale of ₹ 22,400-24,500 and S-31 were in the pay scale of ₹ 22,400- 26,000 in the Fifth Pay scale. Earlier, Sixth Pay Commission recommended the pay scales of ₹ 39,200-67,000 with grade pay of ₹ 11,000 for S-30 pensioners and grade pay of ₹ 13,000 for S-31 pensioners. However, the Central Government improved the scales of pay of S-30 and S-30 pensioners are put in ₹ 67,000- 79,000 scales for S-30 pensioners and thereby retired pensioners of S-30 were made eligible to get ₹ 33,500 as their pension with effect from 1-1-2006 and similarly, the pay scale of S-31 pensioners were fixed as ₹ 75,000-80,000 thus their pension was fixed as ₹ 37,750 p.m. with effect from 1-1-2006. The request of S-30 pensioners to be kept as S-31 pension was examined. CCS (Pension) Rules, 1972, in Rule 34 states that pension of retirees has to be fixed on the basis of average emoluments drawn by them at the time of retirement. S-31 pensioners were always carrying the scale of pay or pay higher than S-30 pensioners as noted in the Fifth Pay Commission indicated above. As the pension in terms of Rule 34 of the Pension Rules, the emoluments drawn by an employee is a relevant consideration to fix pension. S-30 and S-31 pensioners were in different pay scale in the Fifth Pay Commission. Accepting the recommendation of the Sixth Pay Commission which is an expert body, the different pay scales were fixed to S-30 and S-31 categories.

UPS

Modified parity is to be adopted in fixing the pension to S-29 pensioners retired prior to 1-1-2006 in Sixth Pay Commission and no relief is warranted to S-30 pensioners retired prior to 1-1-2006 as their pension is to be kept at the initial pay of grade ₹ 67,000-79,000 as decided by Government already — The document discusses two Original Applications (OAs) numbered 937 and 2101 of 2010, both seeking to upgrade pensioners' pension in Sixth Pay Commission scales of pay. The applicants in OA 2101 were... — Facts: The O.As are disposed of by this judgment delivered by a Full Bench of Principal Bench as the prayers are same to upgrade their pension in Sixth Pay Commission scales of pay. There are 5 Applicants in O.A. No. 937 of 2010 and 3 Applicants in O.A. No. 2101 0f 2010. O.A. No. 2101 of 2010 was filed by Applicants who were in the scale of pay of ₹ 22,400-24,500 known as S-30 scales and ₹ 18,000 - 22,400 known as S-29 scales of pay in Fifth Pay Commission. Sixth Pay Commission came into force with effect from 1-1-2006. The Applicants in O.A. No. 937 of 2010 are pre-1-1-2006 retirees who are now in S-30 scales of pay of Sixth Pay Commission. The prayer in all these O.A.s are that, pre-2006 pensioners may be allowed a total parity with post-1-1-2006 pensioners by notionally revising their pay as on 1-1-2006 and then fixing pension at 50% of that notional pay. Full Bench of the Tribunal had already decided the pension fixation of S-29 pensioners by modified parity in the Sixth Pay Commission scales of pay. In the case of SAG (S-29) Pensioners' Association and another v. Union of India and another [ O.A. No. 655 of 2010 decided on 1-11- 2011 ] after taking into account the decision of D.S. Nakara v. Union of India [ 1983 (1) SCC 305 ]. The relief asked for by S-29 pensioners is for further increase than modified parity with employees of Government serving after 1-1-2006. The judgment referred by S-29 pensioners namely, S. P.S. Vains [ 2008 (9) SCC 125 ] relates to Army personnel based on one rank-one-pension formula". As regards S-30 pensioners who pray for fixing their pension to ₹ 75,500 at par with the pay scale of S-31, the same was rejected as those pensioners are not entitled to the said relief. It was further explained for rejection of the relief asked for by S-30 pensioners, the Tribunal listed out the scales of pay of S-30 and S-31 pensioners in Third, Fourth, Fifth and Sixth Pay Commission scales of pay. The pension for S-30 pensioners is ₹ 33,500 per month in the pay scale of ₹ 67,000-79,000 and S-31 pensioners is ₹ 37,750 in the pay scale of ₹ 75,500-80,000. From Third Pay Commission to Sixth Pay Commission, the pay scale of S-30 and S-31 pensioners were different. S-30 category were in the pay scale of ₹ 22,400-24,500 and S-31 were in the pay scale of ₹ 22,400- 26,000 in the Fifth Pay scale. Earlier, Sixth Pay Commission recommended the pay scales of ₹ 39,200-67,000 with grade pay of ₹ 11,000 for S-30 pensioners and grade pay of ₹ 13,000 for S-31 pensioners. However, the Central Government improved the scales of pay of S-30 and S-30 pensioners are put in ₹ 67,000- 79,000 scales for S-30 pensioners and thereby retired pensioners of S-30 were made eligible to get ₹ 33,500 as their pension with effect from 1-1-2006 and similarly, the pay scale of S-31 pensioners were fixed as ₹ 75,000-80,000 thus their pension was fixed as ₹ 37,750 p.m. with effect from 1-1-2006. The request of S-30 pensioners to be kept as S-31 pension was examined. CCS (Pension) Rules, 1972, in Rule 34 states that pension of retirees has to be fixed on the basis of average emoluments drawn by them at the time of retirement. S-31 pensioners were always carrying the scale of pay or pay higher than S-30 pensioners as noted in the Fifth Pay Commission indicated above. As the pension in terms of Rule 34 of the Pension Rules, the emoluments drawn by an employee is a relevant consideration to fix pension. S-30 and S-31 pensioners were in different pay scale in the Fifth Pay Commission. Accepting the recommendation of the Sixth Pay Commission which is an expert body, the different pay scales were fixed to S-30 and S-31 categories.

Original Rule Text

Original Rule Text