JCM writes to DoP&PW on enhanced pension at 80 years

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi — 110001
E Mail : nc.jcm.np@gmail.com

No.NC-JCM-2021/Pension

August 26, 2021

The Secretary,
Dept. of Pension & Pensioners’ Welfare,
3rd Floor, Lok Nayak Bhawan,
Khan Market
New Delhi – 110003

Sub: Grant of enhanced Pension from the day when the Pensioners enters the age of 80 years i.e. the date after the pensioner complete 79 years.
Ref: Judgment of the Hon’ble Guwahati High Court in Case No.WP (C) 4224/ 2016 decided on 15/03/2018 and the order of Supreme Court in SLP (Civil) Diary No. 18133/2019 decided on 08/07/2019.

Sir,

Your kind and immediate attention is invited to the above subject. The Hon’ble High Court of Guwahati in its Judgment in the above mentioned Writ Petition dated 15/03/2018 has held that the additional quantum of Pension or Family Pension is available to a retired Judge in case of the first slab from the first day he enter his 80th year, i.e. to say the date after he completes 79 years of age. The Govt. filed an SLP in the Hon’ble Supreme court against the order of Gauhati High Court and the Hon’ble supreme Court dismissed the SLP filed by the Government on 08/07/2019. Therefore the Principle/Law has been established by the Court of Law with regard to the payment of enhanced Pension to the Pensioners/Family Pensioners.

In view of the above it is requested that the Department of Pension and pensioners Welfare may kindly issue necessary orders for payment of the enhanced rate of pension to the Pensioners/Family Pensioners after completion of 79 years i.e. starting from the beginning of 80″ year as against the existing Rule/practice of completion of 80/85/90 years etc. Since the Judgment in rem, which has been upheld by the Hon‘ble Supreme Court to avoid multiplicity of litigation necessary Govt. orders as requested may please be issued at the earliest. A copy of the Judgment of the Guwahati High Court and Supreme Court referred above is enclosed herewith for your kind ready reference.

Thanking you,

Yours sincerely,
Sd/-
(Shiva Gopal Mishra)
Secretary