AIBSNLPWA

 20% ADDITIONAL PENSION CASE ON ATTAINING 80 YEARS AGE

Some of our members and even some leaders are requesting the CHQ to take up the case on the basis of Hon Gauhati High court judgement dated 15/3/2018 and the SLP filed by the government before the Hon Supreme Court was dismissed on 8/7/2019.

We have not written any letter in this regard because of the following reasons:-

1) The case pertains to one retired HC judge Shri Virendra Dutt Gyani.

2) The Supreme Court and High court judges are covered by a separate Act called "Salaries and conditions of service Act 1954.

3) The petitioner in the above case quoted section 17B of the Act which deals with

"Additional quantum of pension or family pension".

It says "Every retired judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:-

From 80 years to less than 85 years - 20% .

4) We are covered under CCS (Pension) Rules, 1972.  Rule 49 (2-A) mentions about additional quantum of pension which says " In addition to pension admissible in accordance with sub-rule (2) after completion of 80 years of age or above, additional pension shall be payable to the retired Government servant in the following manner:-

From 80 years to less than 85 years - 20% .

5) Here in this rule it's very clear that eligibility comes on completion of 80 years of age.

6) Claiming the additional quantum of 20% pension from the beginning of 80 years of age Southern Railway Pensioners association and two others filed a case before Hon CAT, Ernakulam Bench vide OA No 504 of 2009.

7) The CAT gave the following order on 28/7/2009 to Secretary, DoP&PW.

"To consider the representations along with the grounds raised in the OA and pass a suitable order within a period of two months from the date of communication of this order".

8) Accordingly DoP&PW considered and rejected the claim vide it's OM dated 27/8/2009. The order stated "a person attains the age of 80 years only when he completes the age of 80 years and not when he completes the age of 79 years".

8) in the same order there was also a logic argument that the retirement age of Central Government employees is 60 and allowed to retire on completion of 60 year of age and not on completion of 59 years of age.

9) Anyway JCM staff side secretary has written a letter.

10) Because of the above reasons we did not take up the case

P Gangadhara Rao

GS