RBE No. 82/2009: Pension – Retired After 01.01.2006

No. F(E)III/2008/PN1/13, dated 18.05.2009

PC-VI-104

Sub: Implementation of Governments decision on the recommendation of the 6th Central Pay Commission – Representations regarding.

A copy of Department of Pension and Pensioners’ Welfare (DOP&PW)’s OM No.38/37/08-P&PW(A), dated 12^th May, 2009 on the above subject is enclosed for information. DOP&PW’s OMs dated 02.09.2008 and 11.12.2008, referred to in the enclosed OM were adopted/ circulated on the Railways vide this office letters of even number dated 15.09.2008 (RBE No. 112/2008) and 17.12.2008 (RBE No. 200/2008) respectively.

Ministry of Personnel, Public Grievances & Pensions,

Department of Pension and Pensioners’ Welfare

OM F.No.38/37/08-P&PW(A), dated 12^th May, 2009

OFFICE MEMORANDUM

Sub: Representations regarding.

1.     The undersigned is directed to say that in accordance with the instructions contained in this Department’s OM No.38/37/08-P&PW(A), dated 02.09.2008 as clarified vide OM dated 11.12.2008, those Government servants, who retired during 01.01.2006 to 01.09.2008 after completion of 33 years of qualifying service, will be eligible for full pension (i.e. 50% of the emoluments (pay last drawn) or 50% of average emoluments received during the last 10 months, whichever is more beneficial to the retiring employees) and the pension of those Government servants who retired before 02.09.2008 with qualifying service of less than 33 years, will continue to be proportionate to the full pension based on their actual qualifying service.

2.     A large number of representations/ references are being received in this Department mentioning that the above provisions are not in accordance with the law laid down by the Apex Court and are in violation of Article 14 of the Constitution. It has been suggested in these representations that the provision regarding payment of full pension on completion of 20 years’ qualifying service may be made applicable to the Government employees who retired before 02.09.2008 also.

3.     These representations/ references have been examined in consultation with Ministry of Finance and Ministry of Law. The instructions/ Clarifications issued in this regard are in consonance with the decision of the Government on the recommendations of the Sixth Central Pay Commission. The Government by accepting various recommendations of the Sixth Pay Commission took a policy decision to implement them from different dates. The Government decided to implement the above recommendations regarding pension from 02.09.2008 without dividing a single homogenous class of pensioners into two groups and subjecting them to different treatment. In view of the above and also in the light of the various diseases of the Hon’ble Supreme Court allowing the employer to fix a cutoff date for introducing any new pension/ retirement scheme or for discontinuance of any existing scheme, the decision of the Government in para 1 above is in accordance with the law laid down by the Apex Court and there is no violation of Article 14 of the Constitution.

4.     In view of the above, no change is required to be made in the instructions already issued in this regard.

5.     All references/ representations received in this Department on the above issue in stand disposed of accordingly.

Download Railway Board Circular RBE No. 82/2009

Forward reference ⇒ RBE No.