Wednesday, May 13, 2009

No full pension on completion of 20 years - who retired before 2.9.2008


Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners' Welfare

Lok Nayak Bhavan, New Delhi-110003

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi - 110003

12th May,2009


Subject:- Representations regarding.

The undersingned is directed to say that in accordance with the instructions contained in this Department'sO.M.38/37/08-P&PW(A) dated 2.9.2008, as clarified vide O.M. dated 11.12.2008, those Government servants who retired during 1.1.2006 to 1.9.2008 after completion of 33 years of qulifying service, will be eligible for full pension (i.e. 50% of the emoluments pay last drawn) or 50% of average emoluments received duringthe last 10 months, whichever is more beneficial to the retiring employee) and the pension of those Government servants, who retired before 2.9.2008 with qualifying service of less than 33 years, will continue to be proprotionate to the full pension based on their actual qualifying service.

2. A large number of representations/references are being received in this Department mentioning that the above provisions are not in accordance with the law laid down by the Apex Court and are in violation of Article14 of the Constitution. It has been suggested in these representations that the provision regarding payment of full pension on completion of 20 years qualifying service may be made applicable to the Government employees who retired before 2.9.2008 also.

3. These representations/references have been examined in consultation with Ministry of Finance and Ministry of Law.The instructions/clarifications issued in this regard are in consonance with the decision of the Government on therecommendations of the Sixth Pay Commission. The Government by accepting various recommendations of the SixthPay Commission took a policy decision to implement them from different dates. The Government decided to implement the above recommendations regarding pension from 2.9.2008 without dividing a single homogenous class of pensionersin to two groups and subjecting them to diffrent treatment. In view of the above and also in the light of the various decisions of the Hon'ble Supreme Court allowing the employer to fix a cut off date for introducing any new pension/retirement schemeor for discontinuance of any existing sheme, the decision of the Government in para 1 above is in accordance with the lawlaid down by the Apex Court and there in no violation of Article 14 of the Constitution.

4. In view of the above, no change is required to be made in the instructions already issued in this regard.

5. All references/representations received in this Department on the abve issue stand disposed off accordingly.


Director (PP)



  2. Sir, I am retd from Air Force after 15 years of service.I joined IAF during first national emergencyin 66.I rejoined AIR in 85 after retiring from IAF.while retiring from AIR I requested for counting my military service for pension benefit.Office has denied with noting "not feasible" where as I came to know that First Emergency Period is counted for benefits.This was a special relief to those joined the forces for the sake of nation.If any has any information may pl help me with that Rule/Court Order. Thanks Jagtar singh from ASR.

  3. i took vrs from customs and central excise delhi after completing 29 and half years of service on 28-2-2009the date of vrs. i have been paid gratuity for only 29&half years. since ihave completed more than 28 years of service i would have got full pension and full gratuity as per 5th pay commision or before october 2008, as per 6th pay commission i have been paid less gratuiy i need clarification on this and what action should i take

  4. I feel having served till 31/12/2007 and having taken the new scale as per 6th PC from 1/1/06 to 31/12/07, it is not fair to deny the full pension who have retired till 31/08/2008. What crime has been done by the central government employees, to deny the full pension. Is there any other way to convince the government to grant full pension those who have retired after drawing the new scales as per 6th PC and retired before 01/09/2008. I read in that many affected pensioners have sent their grivences to the anomoly committee formed by the government. Can any body give some information about this.

  5. sir, my father Mr. Bhupinder Mehta expired. He was in GMSH-16. My brohter is kidney patient(kidney transplant second time). Is there any provision, we can get job early on medical basis.
    manish mehta-8054007676