1. ENHANCEMENT OF PENSION
PRE- 2006, 14 MAJ GENS’ CASE
FOR
ENHANCEMENT OF PENSION
BASED ON
INCREMENTS EARNED
IN 5TH CPC

2. Their case is similar to our OA – 34/2016
AFT Delhi went by judgment of AFT Chandigarh in OA 100/2000 Maj Gen SPS Vains Vs UOI
Since Judgment is given by AFT Delhi, we can hope similar judgment will be given to Petitioners of OA – 34/2016 as Cause is Same i.e. Pension be fixed based on Increments earned at the time of retirement in 5th CPC
Govt Sanction given by ADG PS to Maj Gens.
PCDA (O) Pune gave LPC fixing Notional Pay in Jan 2006 for Maj Gens

3. SALIENT FEATURES
OAs Filed By 12 Maj Gens, 1 R Adm, 1 AVM in
AFT Delhi:-
444/2016
687/2016
701/2016
746/2016
925/2016
Date of Filing Apr 2016
Date of Judgment- 16 Feb 2017

4. SALIENT FEATURES OF JUDGMENT OF AFT DELHI
DELIVERED ON 12 APR 2017
The respondents are directed to grant to them (Petitioners) the same pay fixation on "notional basis" and consequently the same  rate of pension, as has been granted to the post retirees Major Generals (and equivalents of Navy and Air Force thereto) with effect from , thereby ensuring that there is no disparity in the grant of pension between pre and post-2006 retirees.
   We further direct that the above fixation and payment to the petitioners be carried out within a period of three months from the date of this order with 9% per annum be paid on the arrears from the date of filing this petition ie,

5. How is Notional Pay of Pre – 2006 Pensioners be Fixed from Jan 2006 to Jun 2014?

6. Pension in 5th CPC is dependent upon Last Pay Drawn in the scale of Pay of Maj Gen i.e. Rs – 500 – 22400
Maj Gens with More Number of Increments will Get Higher Pension because their Last Pay Drawn is Higher
But this Benefit is only Till End of 5th CPC i.e. Jan 1996 to Dec 2005
On 1st Jan 2006, in 6th CPC Benefit of Increments ceases
All Maj Gens are Treated as if they Earned No Increments

7. ILLUSTRATIONS

8. No of Increments
Last Pay Drawn
In 5th CPC
Rs –
Pension from Jan 1996 to Dec 2005
18,400
18400 x 0.50 = Rs 9,200 2
(2 x 500)
Rs 9,700 4
(4 x 500)
Rs 10,200 6
(6 x500)
Rs 10,700 8
(8 x500) Stagnation
Rs 11,200 10
(7 x 500)
Rs 11,450

9. See how Much is the Loss Suffered by these Maj Gens in Jan 2006
Policy of Govt of India is fair and logical.
Higher the Increments, higher is the Last Pay Drawn and Higher is the pension
But this Benefit is nullified in next CPC i.e. 6th CPC when all are Treated as if they have not Earned any Increment
See how Much is the Loss Suffered by these Maj Gens in Jan 2006
This is totally Illogical, Discriminatory and Unjust policy
AFTs and Courts of Law intervene to give Justice When Approached

10. No of Increments / Last Pay Drawn Loss Suffered by Pre – 2006 Maj Gen
Post – 2006 Maj Gen in Jan 2006
Loss Suffered by Pre – 2006 Maj Gen
Dec 2005
Jan 2006
0 / Rs 18,400
9,200
30,350
0 + DR
2 / 19,400
9,700
31,025
675 + DR
4 / 20,400
10,200
31,720
1,370 + DR
6 / 21,400
10,700
32,435
2,085 + DR
8 / 22,400
11,200
33,925
3,575 + DR
10 / 22,900
11,450
34,705
4,355 + DR

11. is to Fix Their Pension same as
Demand of
Pre – 2005 Maj Gens
is to Fix Their Pension same as
Post – 2006 Maj Gens

12. What is Bunching of Pay in Next CPC?

13. Basic Pay in 5th CPC Total Pay in 6th CPC
Rs 18,400 (Dec 2005)
PIPB Rs 44,700+Notional MSP 6,000+Grade Pay 10,000 = Rs 60,700
Rs 18,900 (1 Increment)
Rs 62,050
Rs 19,400 (2 Increments)
Rs 62,050 (Bunching)
Rs 19,900
Rs 63,440
Rs 20,400
Rs 63,440 (Bunching)
Rs 20,900
Rs 64,870
Rs 21,400
Rs 64,870 (Bunching)

14. Basic Pay in 5th CPC
Total Pay in 6th CPC
Rs 21,900
Rs 66,340
Rs 22,400 (Max of pay scale)
Rs 67,850
Rs 22,900
Rs 69,410
Rs 23,400
Rs 71,020
Rs 23,900
Rs 72,680 (Max not to exceed min of Lt Gen)

15. Notional Pay Fixation of Maj Gen X

16. Notional Pay in 6th CPC is Dependent upon Last Pay Drawn in 5th CPC
Higher the Number of Increments in 5th CPC, higher is the Last Pay Drawn
That Last Pay Drawn in 5th CPC is to be converted to Notional pay in Jan 2006 assuming one is still serving in Jan 2006.
Till now Irrespective of Number of Increments Drawn, Pension is fixed at Minimum of the Fitment Table. i.e. Rs 30,350 for Maj Gen in Jan 2006

17. In Jan 2006, the Pension Corresponding to the Last Pay Drawn hence much higher than Rs 30,350
Assume One is Retired with the Number of Increments in Jan 2006
See the Basic Pay at the time of superannuation in 5th CPC
Find the Equivalent Total Pay in 6th CPC
Basic Pay of Maj Gen X was Rs 20,900 in scale of pay of Rs – (5 increments)

18. Corresponding to Rs 20,900 of 5th CPC, Notional Pay in 6th CPC is :
PIPB – Rs 48,870 + Grade pay - Rs 10, Notional MSP - Rs 6,000 = Rs 64,870
Notional Pay in Jan = Rs 64,870
Pension = 0.50 x = Rs 32,435 pm + DR

19. Arrears from Jan 2006 to Jun 2014 =
Rs – Rs 30350= Rs 2,085 pm + DR
Total Arrears = Rs 2,98,989
Interest from 12 Apr 2016 to 30 Nov 2017
@ 9% = Rs 44,007

20. Entitled = Rs 38,763 - Rs 32,435 Excess Payment in OROP
OROP Arrears paid at Previous pension of Rs 30,350
Now OROP Arrears to be Calculated at Revised Pension of Rs 32,435
Paid on the basis of Rs 38, ,350
Entitled = Rs 38,763 - Rs 32,435

21. Excess Payment in OROP
Excess payment of OROP Arrears = Rs 79,939
Revised Arrears = Rs 2,63,057
10% = Rs 26,306
Remittance to Banker = Rs 2,36,751

22. Item Maj Gen A Maj Gen B Maj Gen C Maj Gen D 35,660 34,855 33,925
Revised Pension
35,660
34,855
33,925
32,435
Arrears
7,61,454
6,46,017
5,12,655
2,98,989 9%
1,12,075
95,085
75,456
44,007
Total Arrears
8,73,529
7,41,102
5,88,111
3,42,996
OROP Excess Paid
2,03,585
1,72,722
1,37,066
79,939
Net Arrears
6,69,944
5,68,380
4,51,045
2,63,057
TDS
66,994
56,838
45,105
26,036
To Bank
6,02,950
5,11,542
4,05,940
2,36,751

23. Deductions
Higher Pension is only due to Number of Increments earned in the last rank in 5th CPC
Total Service has no effect
Inf, Armd, Mech Inf officers have advantage as they get their promotions faster. They can earn higher number of increments in last rank compared to their Course mates in AOC, EME etc
But in OROP the number of Increments has no Effect
In OROP, it is Total Service thereby it helps Officers from AOC, EME etc who get their promotions late

24. Thank You