ups_00476 — Provision relating to pension under the VII Pay Commission would be applicable also to those pensioners who are in receipt of compulsory retirement pension or compassionate allowance

Provision relating to pension under the VII Pay Commission would be applicable also to those pensioners who are in receipt of compulsory retirement pension or compassionate allowance — This chunk discusses the revision of pension and family pension for those who were sanctioned compulsory retirement pension or compassionate allowance, effective from January 1, 1996, January 1, 2006... — Facts: The Applicant, appointed in 1983 as Postal Assistant had been afforded the financial upgradations under TBOP and BCR Schemes. On disciplinary grounds, he was compulsorily retired on 1-9-2002 by which time, he had completed 19½ years of qualifying service. On his retirement, his pension was initially fixed on pro rata basis as ₹ 1,499 and the same was fixed at ₹ 3,500 in the wake of 6th CPC. Pension of pre-2006 retirees was revised by the Department of Pension and Pensioners' Welfare (for short “DoP&PW”) vide OM, dated 6-4-2016 effective from 1-1-2006, without linkage to the qualifying service of 33 years. Subsequently, yet another OM, dated 12-4-2016 afforded that revised consolidated pension of pre-2006 pensioners shall not be less than 50% of the minimum of the pay in the Pay Band and Grade Pay 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. The said benefit not having been extended to the Applicant despite representation, some similarly situated persons who are compulsorily retired like the Applicant filed O.A. No. 640 of 2014 before the Ernakulam Bench and the said O.A. No. 20/99 of 2020 was allowed by the Tribunal, which was also upheld by the Hon'ble High Court of Kerala and not interfered with by the Hon'ble Apex Court. The Applicant claims the same benefit and hence, seeks revision of pension as has been granted to pre-2006 pensioners in terms of Department of Expenditure, Government of India, OM, dated 12-4-2016. Respondents filed reply statement wherein they stated that the Applicant was sanctioned pension of ₹ 1,499 and all other retirement dues were paid. On implementation of the VI CPC recommendations, Government issued OM, dated 1-9-2008 and asper Para. 4.2 of the said OM, pension shall not be lower than 50% of the minimum of the pay corresponding to the pre-revised Pay Scale from which the pensioner had retired. They further state that the DoP&PW vide OM, dated 22-7-2011, clarified that Para. 4.2 of its earlier OM, dated 1-9-2008 will not be applicable for revision of pension / family pension in respect of the pensioners who were in receipt of compulsory retirement pension and compassionate allowance under Rules 40 and 41 of CCS (Pension) Rules, 1972. Similar clarification was also issued vide OM, dated 12-5-2017 while implementing VII CPC recommendations. The Respondents submit that, in view of the clarifications issued vide OMs, dated 22-7-2011 and 12-5-2017, the Applicant is not entitled for the relief. Held: During the course of hearing of the case, the learned Counsel for the Applicant produced Office Memorandum No. 38/46/2017-P&PW(A)(4879), dated 14-6-2022 issued by the DoP&PW and submitted that the earlier clarifications vide OMs, dated 25-3-2004, 22-7-2011 and 12-5-2017 in O.A. No. 20/99 of 2020, regarding revision of pension / family pension of those pensioners who were sanctioned compulsory retirement pension or compassionate allowance have been withdrawn. Relevant paras. of the OM, dated 14-6-2022 are extracted hereunder: “4. Based on representations received from some pensioners and also some court decisions in this regard, the matter has been re-considered in consultation with Department of Expenditure. It has now been decided that the provisions contained in this Department's OMs. No. 45/86/97-P&PW(A)-Part III, dated 10-2-1998 and No. 45/10/98-P&PW(A), dated 17-12-1998 regarding revision of pension/ family pension after 5th CPC, Para. 4.2 of this Department's O.M. No. 38/37/08-P&PW(A), dated 1-9-2008 (as amended / clarified from time to time) regarding revision of pension / family pension after 6th CPC and this Department's O.M. No. 38/37/2018-P&PW(A), dated 12-5-2017 regarding revision of pension / family pension after 7th CPC by notional fixation of pay, would also be applicable for revision of pension / family pension in respect of pensioners who were drawing compulsory retirement pension or compassionate allowance. Accordingly, pension / family pension of such pensioners / family pensioners shall be revised with effect from 1-1-1996, 1-1-2006 and 1-1-2016 in accordance with the aforesaid orders issued for revision of pension of the pre-1996, pre-2006 and pre-2016 pensioners / family pensioners, respectively. In cases where compulsory retirement pension or compassionate allowance was sanctioned at a rate which was less than full pension, the revised pension computed as per the aforesaid OMs would be proportionate to the reduced initial pension / compassionate allowance which was sanctioned on compulsory retirement / dismissal / removal. In other words, the revised pension / compassionate allowance computed as per the aforesaid OMs would be reduced by the same percentage by which the initial pension was reduced at the time of sanction of pension / compassionate allowance on compulsory retirement / dismissal / removal. In cases where the compulsory retirement pension was given in full without any reduction, the revised pension computed as per the aforesaid OMs would also be given in full without any reduction. There will be no reduction in the amount of family pension computed as per the aforesaid OMs in any case, including in cases where the amount of initial compulsory retirement pension / compassionate allowance was less than full pension. Accordingly, the clarification / instructions contained in this Department's OMs No. 45/86/97-P&PW(A), Pt. V, dated 25-3-2004, No. 38/37/08-P&PW (A), dated 22-7-2011 and Para. 11 of O.M. No. 38/37/2016- P&PW(A), dated 12-5-2017 stand withdrawn. All Ministries / Departments are requested to revise the pension / family pension with effect from 1-1-1996, 1-1-2006 and 1-1-2016 (as may be applicable) in respect of the pensioners who were sanctioned compulsory retirement pension or compassionate allowance accordingly.”