Pension Revision Who are absorbed in Central Public Sector Undertakings – Confederation
EXTENDING THE BENEFIT OF PENSION REVISION TO THE EMPLOYEES AND OFFICERS
WHO ARE ABSORBED IN THE CENTRAL PUBLIC SECTOR UNDERTAKINGS – LATEST
POSITION
Department of Pension and Pensioner’s Welfare has issued OM No.
38/37/2016 – P&PW (A) (ii) dated 04.08.2016 regarding
implementations of the Seventh Central Pay Commission – Revision of
Pension of Pre-2016 pensioners and Family Pensioners etc. In para 7 (a)
of aforesaid OM, it was mentioned that –
“Where the Government servants on permanent absorption in public sector
undertakings/Autonomous bodies continue to draw pension separately from
the government, the pension of such absorbes will be updated in terms of
these orders. In cases where the Government servants have drawn one
time lump-sum terminal benefits equal to 100% of their pensions and have
become entitled to the restoration of one-third commuted portion of
pension as per the instructions issued by this Department from time to
time, their cases will not be covered by these orders. Orders for
regulating pension of such pensioners will be issued separately.”
In the orders dated 10.09.2016 of Hon’ble Supreme Court in Civil Appeal
No. 6048/2010 Shri K. Ganesan Vs Union of India, it was mentioned that
—-
“Having heard learned Counsel for the appellants, and having persued the
record of the case, we find no justification whatsoever to interfere
with the impugned order, directing restoration of 2/3rd in respect of
the respondent herein, after expiry of the requisite period of
commutations. The instant appeal is accordingly dismissed.”
In the same order dated 01.09.2016 of Hon’ble Supreme Court in Civil
Appeal No. 6371 of 2010 Shri K. L. Dhall & Anr Vs Union of India, it
is stated that —-
“Heard Learned casual for the rival parties. In view of the dismissal of
Civil Appeal No. 6048 of 2010 by us today (Union of India and another
Vs K. Ganeshan (dead) By Lrd), this appeal has to be accepted.
Accordingly, the instant appeal is allowed. The impugned order of the
High Court is set aside. It is directed that the appellants shall be
entitled for restoration of their 2/3rd Portion after the expiry of the
requisite period of commutation.”
After consultation with Department of Expenditure and Department of
Legal affairs, two Review Petitions have been filed by the Government in
the Hon’ble Supreme Court vide Review Petitions No. 465/2017 and Review
Petition 472/2017 against the order dated 01.03.2016 of Hon’ble Supreme
Court in Civil Appeal No. 6048/2010 (Shri K. Ganesan Vs Union of India)
and Civil Appeal No. 6371 of 2010 (Shri. K. L. Dhall & Anr Vs.
Union of India). The Review petition came up for hearing in the Hon’ble
Supreme Court on 22.03.2017. The Hon’ble Supreme Court has dismissed
both the Review Petition vide order 22nd March 2017.
Government has now informed that since, the above orders dated
01.09.2010 of Hon’ble Supreme Court has a bearing on the question of
revision of one-third restored pension of the absorbed pensioners, no
orders for the revision of one-third pension in such cases could be
issued so far. The matter would be examined in the light of dismissal of
the Review Petitions mentioned above.
(M. Krishnan)
Secretary General
Confederation
Mob&WhatsApp – 09447068125
Email: mkrishnan6854@gmail.com
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