Consolidation of
Pension
Sir,
Against the faulty
implementation of Central Govt pension
liberalisation formula/scheme introduced during
1981-82 providing 50% pension on first 1000, 45%
on next 500 and 40% on the remaining portion, if
any, of one months average pay emoluments
extending benefits of the ibid scheme to pre date
retirees and denial thereof to the post date
retirees on a WP No. 5939-41/82 titled DS Nakara
and others V/s Union of India the Hon'ble Supreme
Court in a land mark judgement/Ruling dated
17-12-1982 held that all pensioners irrespective
of their date of retirement from -A-Class to get
the revised pensionery benefit. Thus
controversial issue of pre and post date of
retirement stands eliminated/solved by the
Hon'ble Supreme Court ibid Ruling published in
law journal as (AIR 1983 SC-130) also refers for
reference and guidance.
The J&K State
Govt also introduced ibid scheme in the State to
benefit State pensionery/family pensioners vide
SRO 586 dated 23.10.1979 operative from 1-4-1979
to 31-3-1987. However in implementing the said
scheme/formula the same controversy of pre and
post date of retirement erupted. The aggrieved
State pensioners also filed WP No. 934-35/1984
titled Avtar Krishan Mengi & others V/s
J&K State which was accepted by the single
bench of Hon'ble High Court Jammu on 13-9-1984
with reference to the ibid Ruling of the Hon'ble
Supreme Court dated 17.12.1982 holding all
pensioners irrespective of their date of
retirement as one class to get revised pensionery
benefits. The ibid Judgement was upheld by the
Hon'ble Division Bench on 18.12.84 dismissing
State LPA No. 37-38. The said Judgement was
further/finally upheld by the Hon'ble Supreme
Court with dismissal of State special level
petition No. 958-59 on 15.3.1985. The above
verdict of the Hon'ble J&K State High Court
and Supreme Court Ruling 15.3.85 and earlier
Rulings of the Hon'ble Supreme Court New Delhi
"AIR-1983-SC-130" was Rubicon to the
State Govt not to issue any such discriminatory
order, but order No. 93-F dated 1-4-1988
effective from 1.4.87 relating to the
consolidation of pension/family pensions of
retirees pre 1.4.87 No. Rev (B) 255 of 1987 dated
17.8.1987 and order No. 218-GR(EP) of 1990 dated
22.11-1990 relating to upgradation of existing 14
posts of Supdts in 14 Dy. Commissioners offices
in the State and Field Inspectors of EP Deptt
from 600-925 to 1550-2250 and Govt order No.
275-F dt. 14.10.98 which provides reconstitution
of pension in term of para 2 (V) of ibid order in
disadvantage of pensioners as pensions already
stand consolidated in term of para (3) of Govt
order No. 46-F dated 19.1.98 w.e.f. 1.1.96
instead of inclusion being added to 50% pension
worked on National pay basis in the pension
already consolidated on the analogy of para 4 @5
of Govt order 275-F dated 14.10.98 relating to
family pension which are in utter violation of
Hon'ble Supreme Court ibid Ruling in dividing the
one class pensioners into two in paying them
revised pensionery benefits.
It appears that
pension have been fixed earlier either on the
basis of old State system or with the difference
of pre & post date of retirement. It further
reveals, that, Finance Department has not
apprised the Accountant General's office of the
Ruling of the Hon'ble Supreme Court New Delhi and
verdict of the Hon'ble State High Court Jammu as
mentioned above. However, after the Ruling of
Hon'ble Supreme Court and High Court Jammu
pensions of retirees on or after 31.3.1985 to
1986 were to be fixed in strict conformity of
prov. of SRO-586 dt. 23.10.1979 on the basis of
one months average pay emoluments of Rs.
1446/-for 30 years qualifying service. But
pension fixed by the Acct. General's office is
much less.
The proper
procedure for consolidation of pension of
retirees on or after 31.3.85 to 1986 was as laid
down in Sub-para (C-i) C-ii) and (c-iii) of para
C and para (e) of Govt order No. 93-F dated
1.4.88 effective from 1.4.1987 with addition of
5% ADA as addl. relief on all categories of
pension in term of para (C) of Govt order No.
47-GR/F dated 21.4.1986.
We, therefore,
requested the Government to look into the matter.
Yours etc...
Brij Lal
General Secretary
350 Dalpatian
Pirmitha Jammu
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