Revision of pension and family pension in favour of the pensioners who were receipt of compulsory retirement pension and compassionate allowance: Agenda Item 47th NC(JCM) Meeting


Revision of pension and family pension in favour of the pensioners who were receipt of compulsory retirement pension and compassionate allowance: Agenda Item 47th NC(JCM) Meeting
[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.5 D/o Pension & Pensioners Welfare & D/o Financial Services:
6.5.4 Item No.25/19/NC-47 - Arbitrary orders denying revision of pension and family pension in favour of the pensioners who were receipt of compulsory retirement pension and compassionate allowance under Rule 40 and 41 of the Central Civil Services (Pension) Rules, 1972. 

Staff Side stated that in terms of rule 40 & 41 of Central Civil Services (Pension) Rules, 1972, compulsory retirement pension and compassionate allowance are sanctioned and are revised at par with other pension. DoP&PW O.M. No. 38/37/08 - P&PW(A) dated 03.10.2008 has stated that there should not be any revision on the Compulsory Retirement Pension and Compassionate Allowance. Tills order will adversely affect the living standard of such retired employees.
Staff Side said that the order of the DOPT cited in the agenda amounts to imposition of further penalty on a person who has already been punished once. This apart, they said that in all the past revision of pensions effected by the successive Pay Commissions, such revisions had been granted to those compulsorily retired personnel. They added that it was for the Government to take a view in the matter whether the compulsorily retired personnel must be given the benefit of minimum pension revision or not.

Reply of the Official Side :

As per the orders issued after 5th and the 6th CPC, the pension of past pensioners was revised by consolidating the pre-revised pension, dearness pension, dearness relief, interim relief and fitment benefit. These orders further provided an alternate method according to which the revised pension will not be less than 50% of the minimum pay in the revised pay-scale.

Sanctity of the penalty of reduced pension in such cases would be lost if the benefit of modified parity was also extended to the pensioners drawing compulsory retirement pension/ compassionate allowance.
Hon'ble Kerala High Court, in its order dated 31.07 .2015 in OP(CAT) No. 108/2016, directed to grant pension based on the minimum pay in the revised pay- scale (modified parity). However, on the advice of the Department of Pensions, the Department of Posts filed SLP No. 6726/2017. After discussion on the issue, the Chairman asked the official side to re-look into the matter in the light of the submission of the Staff Side .
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Previous Agenda Item of 47th NC(JCM) Meeting
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