The fifth CPC, in para-137.13 of their report, observed that while it is desirable to grant complete parity in pension to all past pensioners irrespective of the date of their retirement; this may not be feasible straight away as the financial implications would be considerable. The process of bridging the gap in pension of past pensioners has already been set in motion by the IV CPC when past pensioners were granted additional relief in addition to consolidation of. their pension. This process of attainment of reasonable parity needs to be continued so as to achieve complete parity over a period of time.
In para-137.14 of their report, as a follow up of the basic; objective of parity, the V CPC. recommended thai the pension of all the pre 1986 retirees may be, updated by notional fixation of their pay as on 1.1.1986 by adopting the same formula as for serving employees, treating that notional pay as average emolument as on 1.1.86 and determining the notional pension as on 1.1.86 to be consolidated by allowing the same fitment weightage as given to serving employees.
The Sixth Central Pay Commission , however did not recommend that pension of even pre-1996 may be updated by notional fixation of their pay as on 1.1.96 by adopting the same fomula as for serving employees. Though it was stated by them in Para 5.1.47 of their report that it will be necessary to allow the same fitment as is being recommended for existing Government employees,it recommended fitment benefit equal to 40 percent of the pension’ which was less than fifty percent of Grade Pay at 40 percent of maximum of pre revised pay scale.
The modified parity between present and future retirees recommended by Sixth CPC was denied by the Government, when instead of minimum of pay in the Pay Band corresponding to the pre revised pay scale from which the pensioner had retired.The minimum of the Pay Band corresponding to the minimum of the lowest pay scale of that Pay Band was taken into account to determine the amount of modified parity.
However, the Hon’ble Supreme Court in their judgment dated. 9.9.2008 (Union of India Vs SPS Vains (Retd.) CA No.5566/2008) have held that it would be arbitrary to allow officers who retired prior to 1.1.96 to get less pension than the other set of officers belonging to the same rank/cadre who retired after 1.1.96 to get higher amount of pension as they would be entitled to the benefit of revision of pay scale on/after 1.1.96. This position offends the provisions of Article 14 of the Constitution. The Apex Court had directed that the pay of all pensioners in the rank of Major General and its equivalent rank in two other wings of Defence Services be notionally fixed at the rate given to similar officers of the same rank after revision of pay scales with effect from 1 .1 .96 and thereafter to compute their pensionary benefits on such basis.
Since this is a judgement in -rem, we demand that the pay of all past pensioners (pre 1.1.2006 retirees) may first be fixed notionally as on 1.1 1996 and again as on 1.1.2006 as in the case of serving employees and on the basis of the notional pay as fixed on 1.1.2006 their pension may be determined in order to ensure that they get the same pension as granted to employees retiring from the same post on or after 1 1 2006
As.the Government of INDIA approved the same for implementation with effect from 1/1/2006 due to Supreme Court directives and One Rank One Pension is being implemented for all Defence personnel including those who retired earlier, the AIRRF demands One Post One pension for all Railway pensioners on the same analogy and reason elucidated by the judgments delivered on the issue as railway men too work in similar situations. Railways being the life line of the Nation, Justice HR .Khanna in his Safety Review Committee Report also observed that the working of the railway system is just like that of armed forces .
>The Government of INDIA should grant full parity in pension /family pension of pre2006 pensioners’ /family pensioners to post 2006 pensioners/family pensioners’ as has been allowed to armed forces personnel. The Government of India can not have one justice to one category and another to other category under its own authority ,One post One pension is the right of every pensioner and the Government can not ignore the demand.