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Thursday, 17 September 2015

MYTH OF ARREARS FROM 01/01/2006

1:2200000 RATIO"-ARREARS FROM 01.01.2006
After the issue of DOPT orders dated 30.07.2015 and the PCDA circulars 547 & 548 regarding arrears payable to pre - 2006 pensioners effective from 1.1.2006, there are lots of discussion going on about fitment tables, among XSM veterans.
Some say that  you will be eligible for arrears only  up to the period in which your pension was less than 50% of the fitment table calculated on the minimum of the pre - 2006 pay scales and for the period(s) in which  the fitment table was calculated on the notional maximum of the pre- 2006 scale you are not eligible for arrears.
These are not the opinions of any lay men but of prominent advocates and officials as well.
Interestingly I do not think that  the Delhi High Court in it's order stipulated either of the above conditions. It only stipulates that "the pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables with effect from 1.1.2006". There are no other conditin(s) attached to it.
Whether the fitment table was calculated on maximum or minimum is immaterial here. As the pension of the POTOs are computed on the maximum/ notional maximum of the scale in terms of Rule 27 of pension regulation of the Army-2008, their fitment table will obviously be calculated on the maximum of the scale.
Please note that the original stand of GOI that the pension of pre-2006 pensioners will not be less than the minimum of the pay band plus GP, MSP etc. was made applicable for POTO pensioners also in addition to officers and civilian pensioners, from 1.1.2006.
Subsequently, on the recommendations of COS the fitment table was revised on the notional maximum of the pre- 2006 scale  effective from 1.7.2009. Again on 24.09.2012, the COS enhanced the pension of pre-2006 pensioners by  increasing the weightage of POTOs by 2 years up to the rank of Havildar and equivalent of Navy and Air Force.
In the meanwhile the MOD vide its letter dated 18.08.2010, revised the fitment table of post 2006 POTOs on the basis of the maximum of the pre-2006 scale effective from 1.1.2006. PCDA after a gap of little over13 months issued circular 471 dated  30.09.2011on the basis of the above MOD letter with a fitment table appended to it.
Since this fitment table was  retrospectively applicable wef 1.1.2006 to the post - 2006 POTOs, the same should have been automatically applied in the case of pre-2006 POTO pensioners as well from 1.1.2006. In fact that is the only valid fitment table applicable to POTOs .
The same should have been used for calculation of pro rata pension for different years of QS under circular 547.
In view of the foregoing, the pre-2006 POTO pensioners are eligible for arrears from 1.1.2006 to 24.09.2012 as per the fitment table of POTOs appended to PCDA Circular No. 471. The table appended to Circular No 547 is therefore not the correct one.
In other words  we are eligible for arrears for the above period as per the rates of pension paid from 24.09.2012.
But how are we going to convince the GOI? A million dollar question indeed.
Don't we feel that the ratio of 1:2200000 has a role in all these interpretations and confusions?
Sgt MP Karan
PRESIDENT
AFVAI
KARNATAKA CHAPTER

1 comment:

  1. I Rajeev L (Ex-Por(tac) retired Navy Pre 2006 (31 Jul 2005) would like to know that as of now as OROP is finally approved and as i am re-employed in the bank in the year 2010, will my pay be protected as per pre 2006 pay structure elements ( basic,dearness pay,da, gcb) or the bank has to take and do the re-fixation as per the DoPT letter dt 05 Apr 2010 where it clearly states that notionally pre-2006 has to be considered as if they have retired under the new pay structure elements of 2006( Basic pay, Grade Pay,GCB and Classification Pay, MSP).So, can i ask bank to do Re-fixation of my salary.

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