POINTS FOR ANY REMEDIAL ACTION THROUGH OTHER CHANNELS FOR JUSTICE

FOR THE ATTENTION OF PRE 2006 PENSIONERS

WHO HAVE SUFFERED “DISPARITIES”
IN PENSION

(VNatarajan, Pre-2006 Pensioner)

Ref: DOPPW’s OM Nos: 38/37/08-P&PW(A)Pt.1 dt 1.9.2008/3 & 14.10.2008; UO of even

no to DOE dtd 5.1.2009 (referring proposal on Para 4.2 Revision); earlier Gazette
Notification dtd 29th Aug 2008 on Pay Revision/ MoF’s OM F No 1/1/2008-(IC) dtd
30th August 2008 (on Revised Pay); MOF’s GSR No 527(E)dtd 16th July 2009 on HAG
Pay Scale revision; its Implementation OM No 1/1/2008-IC dtd 21st July 2009:
CoA,CPAO’s Do lr No. CPAO/Tech/6thCPC/Misc/1265 dtd 26.09.2008 old version (OV)
and of even no. & EVEN date new version(NV)-Edited at the source after months
(both seen in RREWA website)!

1.. The concept of Modified Parity (MP) arises out of the parent principle of
parity amongst same/homogenous class of pensioners, being a Constitutional
guarantee under Article 14. The Cabinet accepted/President sanctioned/ Gazette
notified recommendations of the SCPC under para 5.1.47 clearly ASSURES the same
for a Minimum Guaranteed Pension (MGP) for pre-2006 pensioners or for a Modified
Parity (MP) in pension in effect.

2. Resolution of the Govt. and the implementation orders issued vide DOPPW ‘s OM
dated 1.9.2008 under Para 4.2 (text slightly obliterated (purpose not clear) in
parts w.r.t 1 above) have therefore bestowed statutory status to the Modified
Parity between the past and new pensioners belonging to the same scales of pay and
equal length of service on either side of the date of revision.

3.However, while implementing the above directive, the Govt./ concerned

authorities have denied the MGP/ MP to the pre-2006 pensioners through
administrative instructions contained in the COA, CPAOs letter dated 26.9.2008
(two contradictory/ questionable versions of the same letter no 1265 –marked old
version & new version (both can be seen in RREWA website/ downloaded by many of us
– almost the core cause for the reduction in pensions), followed by DOPPW’s OMs
dated 3 and 14 .10.2008 (with Annexure I & II) which are totally arbitrary,
misconstrued , in violation of Art 309, and are liable to be struck down.

4..Such arbitrary actions/OMs have resulted in destructuring the “Homogenous Class

of pre-2006 pensioners of different scales” into several sub-classes which are
again unconstitutional/ violation of Article 14/ against principles-policies of
very SCPC who made a number of viable Recommendations to maintain the Homogeneity
at least at the minimum in the form of Modified Parity. Instead , many pensioners
have got reductions in Basic Pensions (with recurring losses in Dearness Relief
raises every six months/ erosion of Base for next CPC review /loss in Family
Pension eligibility) which is against every norm and Rule. Wide disparities in
pensions resulted within homogenous class of pensioners even at the MGP levels or
at Modified Parity. Examples among them are S29 and S30 scales with reductions to
the tune of Rs 3850 and Rs 7000 appx. p.m. in their Basic Pensions
alone.SEGMENTS OF ALL SCALES OF PRE-2006 PENSIONERS ARE AFFECTED (pl refere to
Tables/ Graphs of SHRI G RAMDAS)

5.Other undesirable precedences including successive merging of pay scales into

pay bands without maintaining the identity of even the “MINIMUM REVISED PAY” for
pension purposes will result in successive REDUCED PENSIONS in every revision.
Identity of the pre-revised scale will be totally lost. Two classes of pensioners
are being created ie “pre-2006” and “post 2006” for every scale of pensioner.
Within SCPC dispensation, there will be three CATEGRIES of pensioners whose
pensions will be fixed by different formulae- based on (i) 2.26 Multiplication
Factor (ii) Minimum of the Pay Band and (iii) Minimum of the REVISED Pay Scale.
For the first two categories, there are no applications of CCS (Revised Pay) Rules
2008 provisions or FITMENT TABLES issued by MOF vide Gazette/ OMs dtd
29/30.8.2008. No definition of “PAY” or “EMOLUMENTS” are furnished/ applied as in
the case of post-2006 pensioners. ALL THESE DEPARTURTES ARE LIABLE TO BE
CHALLENGED as they are discriminatory and have caused the DIAPARITIES between
pre-2006 and post 2006 pensions. RTI replies go to the extent of pointing out
that the pre-2006 pension revisions are based on “GOVT. DECISIONS” and appli
action of CCS(RP)Rules 2008 is for post 2006 pensioners only. Even DOPPW’s OM dtd
2nd Sept 2008 states this, which is discriminatory!

6..Passionate, well reasoned, clear appeals made by scores of affected segments

off pre-2006 pensioners have been disposed off en masse without answering any
issues rationally or convincingly vide OM of 11.2.2009. RTI questions are replied
vaguely by the DOPPW/ DOE /their Ministries, taking shelter under “Govt.
Decisions” “OMs issued” instead of answering the queries raised precisely to find
out the authority/ decisions which caused the “REDUCED/ NEGATIVE PARITY” instead
of the Govt Notified MAP/MP, as it had meant so.

7. A well-reasoned/ non-controversial proposal submitted by the DOPPW to MOF/DOE

in Oct 2008/ reminded in Jan 2009 read as follows: “:"THE REVISED PENSION IN NO
CASE SHALL BE LOWER THAN FIFTY PERCENT OF THE SUM OF THE REVISED PAY IN THE
RUNNING PAY BAND AND THE GRADE PAY THEREON CORRESPONDING TO THE MINIMUM BASIC PAY
IN THE PRE-REVISED PAY SCALES FROM WHICH THE PENSIONER HAD RETIRED, AND ARRIVED AT
IN ACCORDANCE WITH THE FITMENT TABLES GIVEN IN ANNEXURE I OF THE CENTRAL CIVIL
SERVICES (REVISED PAY) RULES 2008". This proposal had been rejected by DOE (at a
Director’s level) in mid Jan 2009 due to adverse “FINANCIALIMPLICATIONS”. Courts
have also rejected any such “financial” excuses for pension provisions. Pensioners
are not convinced of the grounds of rejection, as the SCPC itself has covered the
aspect of full financial provisions for pensions also based on at least Modified
Parity.

(THERE IS REASON TO BELIEVE THAT THIS PROPOSAL HAS NOT BEEN PUT UP TO HIGHER
AUTHORITIES LIKE Minister Of State/ Finance Minister/ PMO as THE LAST HAD REFERRED
THIS ISSUE OF “DISPARITIES” to the MOP(S) / DOPPW for a scrutiny in Oct/Nov 2008
itself).

8. Recently, based on the well-considered recommendation of the Committee of

Secretaries (under Cabinet Secretary’s Chairmanship), Govt. has created the new
HAG scale 67000-79000 (MOF’s OM dt 16. 7. 2009; its application to pre-2006
pensioners vide DOPPW’s Revised Pension Order for S30 dt 21. 7.2009; CPAO’s Lr dt
28. 8.2009) to reduce the DISPARITY in pensions between the pre-2006 and post 2006
S30 Scale Pensioners. This right step has brought relief to the old pre-2006 S30
Pensioners. For example an anlyses of PB4 showsI that originally the SCPC had
recommended PB 4 to contain pre-revised pay scales of HAG/SAG levels of S-
32/31/30/29/& 28. Out of these now only, the SAG levels S29/28 remain, but with
JAG levels in the current PB4. A similar consideration/ action for S29/28 will do
justice to the SAG level pensioners and remove their current “NOTIONAL post-
retirement REDUCTION in BASIC PENSION” (against Pension Rules) which almost
amounts to “post-retirement demotions”. Similar analsys of other Pay Bands will
bring out the effect of discriminatory treatments. Common causes that resulted in
all wide DISPARITIES in case of S30 and all scale pensioners , have already been
presented in earlier paragraphs.
9.In view of the above grievances, all pre-2006 pensioners expect REMEDIAL ACTIONS
by the GOVT. to reduce disparities. All aggrieved Pensioners/ Pensioners’
Associations/ FEDERATIONS/ other Bodies may take up the issue on DIAPRITY REMEDY
which will certainly the GROSS anomalies of pre-2006 pensioners.

10.SOLUTIONS SOUGHT COULD BE TO:

(i) Declare null and void the distortions/ ambiguities introduced in the revision
of pensions for pre-2006 pensioners, through DOPPW’s OMs dt 3 & 14.10.2008 and
the infirmities of OMdt 11. 2.2009 and the root causative “original version” of
LETTER NO 1265 DT 26.09.2008 of the COA, CPAO..

(I) Order similar relief as in the case of S30 pre-2006 pensioners to S29 and ALL
OTHER aggrieved segments of pre-2006 Pensioners as necessary to REDUCE THE
DISPARITIES that had resulted due to same reasons of MERGER of several PRE-REVISED
SCALES into SINGLE PAY BANDS without identifying the ‘MINIMUM’ for each pre-
revised pay scale within the respective pay band/ independent of pay bands, by
providing:

(a) either NEW REVISED PAY SCALES as in the case of S30 for S29 / other pre-
revised pay scales also OR

(b)recognition to the respective pay scales within the corresponding pay bands and
identifying the REVISED PAY minimum for each pay scale as per the FIXATION TABLES
provided with the CCS(RP)Rules 2008. for e.g. S29 pre-revised pension has to be
fixed at a MINIMUM of Rs 27350 in the least, at par with the minimum/least
pension, applicable to the post under the correct SCPC dispensation and in
accordance with the accepted policy of Modified Parity. The “Proposal” made by
the DOPPW in Oct 2008/ submitted to the DOE in this regard (cited earlier) may be
REVIEWED by proper authorities on its MERITs in this regard..

AN APPEAL TO THE AUTHORITIES:

A sympathetic consideration by the Govt. followed by its fair directions to the

authorities concerned to correct the gross injustice and inequity , will
certainly help the old, helpless, humiliated pre-2006 pensioners to get solace
and justice and eliminate the demoralizing discrimination and necessity of going
to the altars of court and litigation for JUSTICE. .

----------------------------------------------------------------------------------
---------------------------