F.No.38/37/08-P&PW(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
Lok Nayak Bhawan, New Delhi-110003
Dated the
10th December, 2009.
Sub: Implementation
of Government’s decision on the recommendations of the Sixth Central Pay
Commission regarding revision of pension of pensioners/family
pensioners etc. – Grant of full pension to Government servants who retired on
or after 1.1.2006
The
undersigned is directed to say that in pursuance of Government’s decision on
the recommendations of Sixth Central Pay Commission, orders were issued vide this
Department’s O.M. No. 38/37/08-P&PW(A) dated 2.9.2008 for introducing modifications in the rules regulating
pension, Retirement/Death/Service Gratuity/Family Pension/ disability pension
and ex-gratia lump-sum compensation. In accordance with para 5.2 and para 5.3 of that OM,
once a Government servant becomes entitled to pension on completion of 20
years/10 years of qualifying service, he shall be paid pension at 50% of the
emoluments or average emoluments received during the last 10 months, whichever
is more beneficial to him. In terms of para 5.4 of the OM, these revised
provisions have come into force w.e.f. 2.9.2008 and shall be applicable to
Government servants retiring on or after that date. Subsequently, it was clarified vide O.M. No.
38/37/08-P&PW(A) dated 11.12.2008
that pension of Government servant retiring on or after 1.1.2006 will also be
calculated based on the emoluments or average emoluments received during the
last 10 months, whichever is more beneficial to him but his pension would
continue to be proportionate to the pension on completion of 33 years of
qualifying service. Para 5.4 of this Department’s O.M. No. 38/37/08-P&PW(A) dated
2.9.2008 was modified to that extent.
2. This
matter has been reconsidered by the Government.
In partial modification of the instructions/order issued in this
respect, it has now been decided that linkage of full pension with 33 years of
qualifying service shall be dispensed with, with effect from 1.1.2006 instead of
2.9.2008. The revised provisions for
calculation of pension in para 5.2 and 5.3 of the OM No.38/37/08-P&PW(A) dated 2.9.2008 shall come into force with effect from
1.1.2006 and shall be applicable to the Government servants retired/retiring
after that date. Para 5.4 will further
stand modified to that extent.
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3. Consequent upon the above revised
provisions, in partial modification of para 7.1 of the OM
No.38/37/01-P&PW(A)-P&PW(A) dated 2.9.08, the extant benefit of adding
years of qualifying service for the purpose of computation of pension and
gratuity shall stand withdrawn with effect from 1.1.2006.
4.
The overall calculation may take into account revised gratuity and
revised pension, including arrears up to date of revision based on these
instructions. However, no recoveries would be made in the cases already
settled.
5. It is impressed upon all the
Ministries/Departments of the Government of India to keep in view the above
modifications/clarifications while disposing of the cases of revision of
pension. They are also advised to dispose of the representations received by
them from pensioners on the above issues without referring the same to this Department.
6. This issues with the concurrence of
Ministry of Finance (Department of Expenditure) vide their U.O. No.375/EV/2009
dated 19.11.2009.
7. In their application to the employees
of the Indian Audit and Accounts Departments, these orders issue in
consultation with the Comptroller & Auditor General of India.
8. Hindi version will follow.
(Raj Singh)
Director
To
1. All Ministries/Departments of
Government of India
2. All Pensioners’ Association
Please visit: http://pensionersportal.gov.in