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Thread: Arbitrary classification of pensioners while revising pension based on the 7th CPC

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    Senior Member Gopal Krishan is on a distinguished road
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    Default Arbitrary classification of pensioners while revising pension based on the 7th CPC

    The OM NO.38/37/2016-P&PW(A) Dated, the 12th May, 2017 issued by the DPPW about Implementation of Government's decision on the recommendations of the Seventh Central Pay Commission -Revision of pension of pre-2016 pensioners/family pensioners, etc. inter-alia provided that the revised pension/family pension w.e.f. 01.01.2016 in respect of all Central civil pensioners/family pensioners, who retired/died prior to 01.01.2016, may be revised by notionally fixing their pay in the pay matrix recommended by the CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulae approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension w.e.f. 1.1.2016 as per the first Formulation. The pension/family pension so worked out shall be treated as 'Basic Pension' with effect from 01.01.2016. The existing instructions regarding regulation of dearness relief to employed/re-employed pensioners/family pensioners, as contained in Department of Pension & Pensioners Welfare O.M. No. 45/73/97-P&PW(G) dated 02.07.1999, as amended from time to time, shall continue to apply. Since the consolidated pension will be inclusive of commuted portion of pension, if any, the commuted portion will be deducted from the said amount while making monthly disbursements.
    2, No arrears, However, on account of revision of Pension/Family pension on notional fixation of pay will be admissible for the period prior to 1.1.2016. The arrears on account of revision of pension/family pension in terms of these orders would be admissible with effect from 01.01.2016. For calculation of arrears becoming due on the revision of pension/ family pension on the basis of this O.M., the arrears of pension and the revised pension/family pension already paid on revision of pension/family pension in accordance with the instructions contained in this Department's OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 shall be adjusted.
    3. These orders shall apply to all pensioners/family pensioners who were drawing pension/family pension before 1.1.2016 under the Central Civil Services (Pension) Rules, 1972. A pensioner/family pensioner who became entitled to pension/family pension with effect from 01.01.2016 consequent on retirement/death of Government servant on 31.12.2015, would also be covered by these orders.
    4. In other words the Government fixed a cut of date for the purpose of paying actual pension. i.e. with effect from the Ist January, 2016 only. This has been held to be discriminatory, illegal and violative of Article 14 of the constitution vide Supreme Court judgement dated the 11th July, 2019, brief of which is reproduced below:

    IN A LAND MARK JUDGMENT DATED JULY 11, 2019 IN Civil Appeal No. 10857/2016 IN THE MATTER OF All Manipur Pensioners Association vrs The state of Manipur and others, THE SUPREME COURT REITERATED IN FAVOUR OF PENSIONERS THAT
    "... THE STATE CANNOT ARBITRARILY PICK AND CHOOSE FROM AMONGST SIMILARLY SITUATED PERSONS, A CUT-OFF DATE FOR EXTENSION OF BENEFITS ESPECIALLY PENSIONARY BENEFITS...." THE SUPREME COURT HAS HELD THAT THE CLASSIFICATION OF PENSIONERS INTO TWO CATEGORIES BY PROVIDING CUT-OFF DATE FOR THE PURPOSE OF GRANT OF REVISED PENSION IS UNCONSTITUTIONAL.."
    ."....All the pensioners form a single class and therefore such a classification is unreasonable , arbitrary, discriminatory and violative of Article 14 of the Constitution of India. The state can not arbitrarily pick and choose from amongst similarly situated persons, a cut-of date for extension of benefits especially pensionary benefits.
    There has to be a classification founded on some rational principle when similarly situated class is differentiated for grant of any benefit. "
    5. Earlier, based on the recommendation of the 6th CPC linkage of pension with 33 years of qualifying service was dispensed with. For that purpose a cut off date was fixed as 2nd September, 2008. However, as the same was treated as discriminatory that decision was modified to make all the pensioners in the homogenous group eligible for the same.
    6. It is obvious that whatever the Government has done is against the land mark judgement of the Supreme Court in relation to D.S Nakara case.
    7. According to the law as laid down by the Supreme Court earlier, judgments of the courts should be applied to similarly placed other cases, without their having to go to courts of law. As such the law laid down by the judgment dated the 11th July, 2019 is applicable to pre-2006 pensoners and all should get arrears by fixing their pay not on notional basis but on actual basis with reference to 4th/5th/6th CPC and arrears paid upto December, 2015. Not doing so is discriminatory, arbitrary and violative of Article 14 of the Constitution.
    8. As such there is a case for all the sufferers to join hands and represent to the Government for justice. Not extending the benefit may amount to contempt of Supreme Court.
    Last edited by Gopal Krishan; 15-01-2020 at 05:06 PM.

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