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Tuesday, 4 October 2016

Appeal to delink the condition of 33 years

The Joint Secretary
Department of Ex servicemen Welfare
Ministry of Defence
New Delhi                                                                                          Date – 04/10/2016

Sir,

Appeal to delink the condition of 33 years on the pro rata pension sanctioned to Pre- 2006 defence pensioners, on or after 01.01.2006

The department of Ex servicemen welfare, Ministry of defence has finally issued the letter dated 30.09.2016, delinking the condition of 33 years on the minimum guaranteed pension wef  01.01.2006, to the pre 2006 defence pensioners. This has been done in pursuance of DOPT OM dated 06.04.2016 and on the basis of the judgement of CAT Ernakulam in the petition of M O Inasu & other vs UOI.

Kindly note that this notification does only a partial justice to us since the delinking has been done only on MGP and not on the actual pro rata pension sanctioned to us on after 01.01.2006, revised with effect from 1.7.2009 & further improved from 24.09.2012. We are therefore denied full advantage of delinking of 33 years for full pension.

It may be mentioned here that the 6 CPC in its report recommended for delinking 33 years to post 2006 pensioners only and therefore the pre 2006 knocked at the doors of courts for extending the same benefit to them as well. They have mainly relied on the well considered pronouncements of the Hon'ble Supreme Court of India in the case of  D S Nakara vs UOI, that the state cannot create classes within the group by resorting to artificial specified dates. The CAT, Ernakulam while upholding this principle, gave only partial relief to the extent of delinking 33 years service on MGP. This tantamount to continuation of 33 years condition on the pro rata pension sanctioned to them on  01.01.2006 and revised wef 01.07.2009 and improved from 24.09.2012 thereby contradicting the decision of the HSC in the above case which is violative of Art 14 of the Indian Constitution.

The relevant portion of the said judgement is reproduced below for your kind reference:

".........by introducing an arbitrary eligibility criteria: 'being in service and retiring subsequent to the specified date' for being eligible for the liberalised pension scheme and thereby dividing a homogeneous class, the classification being not based on any discernible rational principle and having been found wholly unrelated to the objects sought to be achieved by grant of liberalised pension and the eligibility criteria devised being thoroughly arbitrary, we are of the view that the eligibility for liberalised pension scheme of being in service on the specified date and retiring subsequent to that date' in impugned memoranda, Exhibits P-I and P-2, violates Art. 14 and is unconstitutional and is struck down...."

It may also be appropriate to mention that the PBORs are historically sanctioned pension on the maximum of the pay scale from which they retired except for a small duration from 01.01.2006 to 30.06.2009 which was also subsequently restored effective from 01.07.2009. This was done in order to compensate their early retirement and truncated career. Hence delinking 33 years should apply in their cases on notional maximum of the pre 2006 scale.

In view of the foregoing we request you kindly examine the issue and consider delinking 33 years of service on actual pro rata pension sanctioned to us effective from 01.01.2006 and revised on the basis of notional maximum wef 1.7.2009 and further improved wef 24.09.2012 and issue appropriate orders at the earliest.

Thanking you

Yours faithfully 

(M. Prabhakaran)
General Secretary
AFVAl

(G.S.Sidhu)
Chairman
AFVAI
 


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