Anomaly in Determining Notional Pay – Revision of Pension of pre-2016 pensioners

“Notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay”.

No.29018/02/2019.AIS-ll{Pension)

Government of India,

Ministry of Personnel,P.G. and Pensions

Department of Personnel and Training

AIS-II(Pension)

To,

All Chief Secretaries to the States

Subject: Revision of Pension of pre-2016 pensioners after implementation of seventh Central Pay Commission’s recommendations- anomaly in determining notional pay.

Sir,

I am directed to refer to various communications from State Governments on the above subject and to state that the matter raised in various representations of the pensioners seeking revision of their pension after implementation of 7th CPC recommendations, has been examined in this Department in consultation with Department of Pensions and Pensioner’s Welfare.

2. The basis for the re-fixation of the pension of pre-2016 pensioners are DoPT OM No.14021/4/2016-AIS-ll dated 19th May, 2017 {mutatis-mutandis based on DoP&PW OM dated 38/37/2018-P&PW{A) dated h May,2017} and the Concordance Tables issued by DoP&PW vide OM dated 38/37/2018-P&PW{A) dated 6th July, 2017.

3. Prior to re-fixation of the pension of pre-2016 pensioners/family pensioners etc., following instructions/pension may be followed:-

(a) Para 4 of the OM dated 12th May, 2017 provides inter alia that the “revised pension/family pension w.e.f 01.01.2016 in respect of all Central Civil pensioners retired prior to 01.01.2016, may be revised by notionally fixing their pay in pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired.

This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay.

While fixing pay on notional basis, the pay fixation formulas approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed.

Further, para 7 of the OM provides inter alia that in case of those Government servants who retired or died on or after 01.01.1986 but before 1.1.2016, the actual pay and the pay scale from which they retired or died would be taken into consideration for the purpose of calculation of the notional pay as on 01.01.2016 in accordance with para 4 above.

(b) Accordingly, the pay of pre-2016 pensioners was notionally fixed in relevant cell of pay matrix of 7th CPC as per the formula of pay fixation approved by the Government. The pay of the serving IAS officers (including of Selection Grade officers) is also fixed in relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision from 6th CPC to 7th CPC as approved by the Government.

Also,the pay of serving officers who had been promoted on 1.1.2016 in JAG or Selection Grade is first fixed in the relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision approved by the Government.

Thereafter, they had to be promoted in next scale and their pay fixed in that level as per IAS Pay Rules 2016, granting them two increment in the promotion level.

(c) The pay of only those officers who were promoted on or after 1.1.2016 is to be fixed in 3rd cell of level-13. The pay of the officers who were already in selection grade i.e. level-13 as on 1.1.2016 is fixed as per the formula of pay revision from 6th to 7th Central Pay Commission (CPC).

The notional pay of the officers who had retired before 01.01.2016 has to be similarly fixed. Therefore, the contention of any pensioner that his/her notional pay cannot be in any case less than the lowest level at which the pay of a serving officer of the Selection Grade of IAS can be fixed, is not tenable.

Their pay is to be notionally arrived at by the formula of pay revision from 6th CPC to 7th CPC at par with other serving IAS officers.

4. Pension of pre-2016 pensioners/family pensioner may be revised w.e.f 1.1.2016 in accordance with the instructions contained in D/o P&PW OM dated 12.5.2017.

5. Accordingly, the representations of pre-2016 pensioners may be examined by the State Government and the concerned pensioner(s) may be informed.

6. This issue is with the approval of the competent authority.

(Sandeep Kumar Sinha)

Under Secretary to the Government of India

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