Thursday, November 3, 2011

CAT bridges pension gap of pre and post 2006 civilian retirees

Thursday, November 3, 2011
Congratulations to pre-2006 civil pensioners on Full Bench Judgement of CAT in their favour

The Full Bench of the Central Administrative Tribunal (CAT) has finally allowed the petition by pre-2006 pensioners seeking modified parity with post-2006 retirees. The CAT has inter alia held that the term ‘minimum of pay in the pay band’ would mean minimum of pay within the pay band corresponding to the scale held at the time of retirement and not minimum of the pay band itself as interpreted and implemented by the government through a clarification.

However, it is the following extract which specially merits mention on this blog being a subject much discussed by us here:
“On the basis of the recommendations made by VI CPC, which stood validly accepted by the Cabinet, it has been argued that principle for determining the pension has been completely altered under the garb of clarification. According to the learned counsel for the applicants on the basis of the aforesaid resolution/modified parity revised pension of the pre-2006 pensioners shall not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which the pensioner had retired.

Applicants in para-11 of the Additional-Affidavit have explained how the Note prepared by a junior functionary (at the level of an Under Secretary) in the Department of Pension & Pensioners Welfare in regard to para-4.2 of the OM dated 1.9.2008 has been given a go-by to the resolution dated 29/08/2008.
Posted by Navdeep / Maj Navdeep Singh
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