Points For Remedial Actions Thru Other Sources-pre2006pensioners By Vnatarajan

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 S32/31/30/29/& 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 postretirement 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 prerevised 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 prerevised 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. .

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