Wednesday, May 11, 2011Revision of Pension-Pre 1996 & Pre 2006 retires with reference to corresponding scales.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

Rail Bhavan, New Delhi—1l0001 dated 10.05.2011

No. F(E)III/2008/PN1/2

The General Secretary,
All India Railwaymen'S Federation,
4, State Entry Road,
New Delhi-110 055.

Dear Sir,

Sub: Revision of Pension — Pre-96 and Pre-2006 retirees with reference to Corresponding pay scales.

   I am directed to refer to your letter No. AIRF/44 (103) dated 27.04.2011 on the above subject and to state that the letter of even number dt. 18.3.2010 was issued in the form of a clarification to the Central Railway, in particular, and other Railways, in general in continuation of letter dt. 2.2.2010 on the issue of revision of pension of pre-1996 and pre-2006 retirees as on 1.1.2006 on the basis of instruction dated 14.10.2008 issued by the Department of Pension & Pensioners’ Welfare (DOP&PW) wherein 4th CPC Scales of Pay and the corresponding Scales of Pay and Pay Band plus Grade Pay in 5th and 6th CPC Pay structures have been stipulated. Board’s clarificatory instructions dt. 2.2.2010 and 18.3.2010 are thus not fresh instructions, but in reiteration of the instructions of DOP&PW dt. 14.10.2008, Which are neither irrelevant nor time barred

   2. The admissibility of stepping up of pension of pre-1996 pensioners with reference to 50% of minimum pay in the 5th CPC Scales of Pay that corresponds to the pre-revised Scale of Pay held by the pensioners at the time of retirement/death while in service is a very well settled Issue as clarified by the DOP&PW as far back as 11 5.2001, which was adopted and circulated on the Railways vide Board’s letter No. F(E)111/99/PN1/20 dt. 20.8.2001. These clarificatory instructions have been upheld by the Hon'ble Supreme Court in their judgement dt. 23.11.2006 in the case of Shri K.S. Krishnaswamy, etc. Vs. UOI.

   3. This Ministry being an administrative Ministry on perisionary matters are bound by the instructions issued by the DOP&PW on such matters; hence cannot impart an exceptional treatment to a particular section of Railway pensioners in disregard of the decisions taken by the Government of India, which have stood the test of judicial scrutiny

Yours faithfully,

sd/-

for Secretary/Raitay Board

Source;AIRF