PENSION - PREMATURE RETIREES

Good news PMR Cases.
Pb and H High Court quashed proportional pension Rule for pre 2006 PMRs. Judgement Case No,
CWP-3423-2014 and other connected cases -19- 

Extract: Rules where the pensioner had less than the maximum service of 33 years required for full pension are quashed. It is directed that
the pay of the petitioners who have retired before 01.01.2006 be brought corresponding to the revised

pay scale as per the 6th Central Pay Commission and then it be ensured that pension fixed is such that it is not lower than 50% of the minimum of the pay in the pay band and the grade pay thereon. The respondents are directed to refix the pension of the petitioners accordingly and pay the arrears of pension within a period of two months.
December 18, 2015 (HARINDER SINGH SIDHU)
Atul JUDGE

JUDGEMENT PB & HARYANA HIGH COURT QUASHING  THE  PMR CASE PROPORTIONATE RULE -  CLICK TO READ

DEFENCE PENSION GUIDE 2007_COMPLETE   -   CLICK TO READ 

PMR

The judgment of hon'ble High Court of Punjab & Haryana, I presume follows the judgment of hon'ble Supreme Court in MO Inasu Vs Union of India delivered in 2015.

     I am told the Secretary, Ministry of Personnel, Pensions and Public Grievances has recommended to implement judgment of apex court as it is not going to get any benefit to the Govt.

    He, I heard has recommended to abolish rule of 33 years for all pre - 2006 retirees. This will benefit immensely Sepoys to Hav and PMR Officers.

Shri MO Inasu, an Ex-Servicemen on his discharge got re-employed in Central Govt and retired as Deputy Office Superintendent. He retired from Central Govt too. He filed a case in CAT, Ernakulam stating all benefits given to post - 2006 retirees be given to pre- 2006 retirees. So rule of 33 years abrogated for post - 2006 retirees be abrogated for pre - 33 year retirees. CAT Ernakulam gave judgment uphold contention of Shri MO Inasu. There after the Central Govt challenged it in hon'ble Supreme court which dismissed the review petetion of Govt of India. So the rule of 33 years is not applicable to pre - 2006 retirees.

     Following this judgment of hon'ble Supreme Court few pre - 2006 CAPF officers challenged imposition of 33 year rule. Their plea was upheld by hon'ble Punjab & Haryana High Court few days back.

    Implication. The implication is extremely beneficial to Sepoys to Havildars and JCOs & OR who seek Premature retirement. For example a pre - 2006 Sepoy of Y group with 15 years service as on today gets pension with 33 year rule as under:-

       50% of minimum of fitment table for the rank for 33 years service with rank weightage of 10 years as on Jan 2006.

      The minimum pay of fitment table for Sepoy of Y Gp with 15 years service as per SAI 1/S/2008 is Rs 10,250.  

       50% of Rs 10250 is Rs 5125 for 33 years' service

       For 15 year service with 10 years ran weightage (enhanced to 12 years w.e.f 24 Sep 2012)   = 5125 x (15+10)/33 = Rs 3,883. This is what is shown in Circular 547 of PCDA (Pensions) Allahabad.

      With abolition of 33 year rule the pension of Sepoy of Y gp with 15 years service comes = Rs 10250/2 = 5125.

     The gain = Rs 5125-3883 = Rs 1242 pm + DR from Jan 2006 to Dec 2015.

      I am attaching an MS Excel sheet showing the arrears Sepoy of Y Gp with 15 years will get. 

   

  Same is the case with Officers who took PMR.

      

WE need to  file a case in AFT Delhi (PB) if there are sufficient number of   litigants from all ranks i.e.from Sepoy to Lt Gen. (generally officers of rank of Col and above who would have served for pensionable service including rank weightage totalling 33 years  will not be benefitted).

   

I have been requested by an Officer who came from ranks for getting his fractional service counted for getting higher pension.

Rule position of Fractional service is as under:-

(a)        All those retired prior to 28 Jun 1983. Only full years to be counted .

(b)       All those retired post 28 Jun 1983. Service beyond three months to be counted as half a year. Auth:  Government of India, Ministry of Defence letter No.B/38076 /AG/ PS4(a) /2190/A/ (Pension/Service) dated 6.8.1984 with effect from 28th June,1983.

This was challenged by Hav KP Nandakumar and Nk CA Joshep in AFT Kochi in 2012. They demanded those who retired prior to 28 Jun 1983 aslo be given the benefit of counting fractional service in qualifying service. Their plea was upheld.

Prior to that AFT Chennai in Capt VCN Kutty Vs Union of India in OA No 37 of 2011 ruled that fractional service benefit be given to all pre – 28 Jun 1983 pensioners too.

As you know getting even six months benefit in qualifying service will result in higher pension. So if any of you who are pre – 28 Jun1983 pensioners affected by this fractional service rule to kindly give me your particulars to me so that TSEWA can take up a case with our legal counsel 

The officer mentioned above approached an advocate in AFT Mumbai who is demanding Rs 25,000. I advised him to wait for some time to get more litigants and do not pay Rs 25,000 for such a simple case. 

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REVISION OF SPECIAL/ LIBERALISED FAMILY PENSION, DEPENDANT PENSION 

PENSION - PREMATURE RETIREES 

PENSION ISSUES & RELATED ORDERS 

FAMILY PENSION - DETAILED BRIEF 

PENSION - JCOs & ORs (ARREARS)