1. MoD letter dated 3.9.2015 order on Modified Parity – JCO/ORs-Genesis  Genesis-Order issued by Deptt. of Pension & Pensioners’ Welfare in 2008.  DoP&PW vide OM no 38/37/08-P&PW(A) dated 1.9.2008, issued orders for revision of pension of pre-2006 pensioners/family pensioners.  Deptt. of P&PW vide OM No. 38/37-08-P&PW(A) (pt-1) dated 3.10.2008 clarified that pension calculated at 50% of the pay in the pay-band plus grade pay would be calculated at the minimum of the pay in the pay band plus grade pay.

2. MoD letter dated 3.9.2015 order on Modified Parity – JCO/ORs-Genesis Contd.  Subsequently, Ministry of Defence also issued letter No. 17(4)/2008/(1)/D(Pen/Policy) dated 11.11.2008 for fixation of pension of pre-2006 retirees.  Aggrieved by the above DoP&PW OMs & MoD letter, pre-2006 retirees both civil and service pensioners filed cases in CAT & AFTs with a request that their pension be calculated on the basis of minimum pay of each rank/grade within the pay- band not on the minimum of pay band.

3. Services Side-Litigation  Leading cases-OA No. 106 of 2009, OA No. 345 of 2010, OA No. 884 of 2010, OA No. 149 of 201, OA No. 216 of 2011 filed in AFT Chandigarh & OA No. 270 of 2010 and OA No. 24 of 2010 filed by Cdr. Avtar Singh & Sqn Ldr V.K. Jain in AFT (PB), New Delhi.  All OAs decided in favour of petitioners.  AFTs gave directions for fixing of pension of pre-2006 retirees on basis of minimum of pay of fitment table.  Govt. filed Civil Apeals in Hon’ble Supreme Court. Leading cases on modified parity from the Services side filed by the MoD include CA No. 8875 – 8876 of 2011 (Sqdn Ldr V.K. Jain and Lt Cdr. Avtar Singh) CA No. 4132 of 2013 ( Sqn Ldr S.L.Dangee) & CA No. 1856 of 2014 ( Wing Cdr Tomar).

4. Civil Side-Litigation  CAT (PB), New Delhi vide common Order dated 1.11.2011 directed that past pensioners be granted w.e.f. 1.1.2006, a minimum pension with reference to the fitment table applicable for revision of pay of serving employees.  DoP&PW filed 4 WPs in the HC of Delhi dismissed by H.C. on 29.4.2013.  Four SLPs filed in Apex Court by DoP&PW.  one SLP dismissed on 29.7.2013.  Other SLPs/CAs filed by DoP&PW taken up along with CA No. 8875-8876 of 2011 filed by MoD.

5. Subsequent Developments  In the meantime, Govt constituted CSC 2012.  CSC-2012 recommended that minimum guaranteed pension of pre-2006 retiree commissioned officers pensioners / family pensioners be determined with reference to the minimum of the fitment table for the rank in the revised pay structure.  Based on this, MoD issued letter No. 1(11)/2012- D(Pen/Policy) dated 17.1.2013 granting the benefit from 24.9.2012.  Benefit extended to Pre-2006 Civilian Pensioners by DoP&PW.

6. Subsequent Developments Contd.  However, pre-2006 Commissioned Officers & Civilian Pensioners continued legal battle for its implementation w.e.f. 1.1.2006.  CA No. 8875 to 8876 of 2011 titled Union of India Vs Sqn Ldr V.K. Jain & Cdr Avtar Singh dismissed by the Hon’ble Supreme Court on 17.3.2015.  CAs filed by DoP&PW also dismissed along with the above cases by the Apex Court.  However, CA No. 4132 of 2013 ( Sqn Ldr Dangee) & CA no. 1856 of 2014 (Wing Cdr Tomar) filed by MoD pending

7. Subsequent Developments Contd.  On dismissal of the Dept. Civil Appeals, DoP&PW issued OM No. 38/37/08-P&PW (A) dated 30.7.2015 stating that the pension /family pension of all pre-2006 pensioners / family pensioners be revised in accordance with para 2 w.e.f. 1.1.2006 instead of 24.9.2012.  Based on above orders of DoP&PW, MoD issued letter No. 1(04)/2015(I)-D(Pen/Pol) dated 03.09.2015 on payment of pension/family pension of Pre-2006 Commissioned Officers pensioners/family pensioners with effect from 1.1.2006 instead of 24.09.2012 on minimum fitment table instead of minimum of pay band.

8. MoD orders reg JCOs/ORs –factual position  MoD letter No. 17(4)/.2008/(1)/D(Pen/Pol) dated 11.11.2008 gave guidelines for fixing pre-2006 pensioners/ family pensioners including JCOs/ORs.  However, based on CSC 2009 recommendation, pension of pre-2006 JCO/OR pensioners / family pensioners revised vide MoD letter No. PC- 10(1)/2009-D(Pen/Pol) dated 08.03.2010 by fixing it on the maximum of fitment table with effect from 01.07.2009.  MoD vide its letter No 1(13)/2012-D(Pen/Pol) dated 17.01.2013 further revised it with effect from 24.09.2012.  MoD order dated 3.9.2015 issued for giving benefit to JCO/ORs for the uncovered period of 1.1.2006 to 30.06.2009 as per basis of order issued by Apex Court dated 17.03.2015  Order fully complies with Apex Court direction.