Sub:- Revision of U.G.C. Scales w.e.f. 01.01.2006 Anomaly in Pension between pre and post 2006 retirees in the same class of Selection Grade Lecturers / Readers – Rectification – Requested.
Ref:- Letter No. 1-32/2006-U.II/U.I(i) dated 31.12.2008 of Government of India MHRD Higher Education, New Delhi.
I would like to draw your attention to the plight of retired teachers in respect of pension granted to them.
As per the Government of India orders cited the Selection Grade Lecturer/Reader outing 3 or more years of service retiring after 1-1-2006 shall be eligible for a minimum pension of Rs.23, 200/-(as they have retired in pay band IV of Rs. 37400-67000 with A.G.P.9000) ( As per Sub- Para ix to xi of Para 2 of the above said G.O.)
In the case of pre 1-1-2006, retirees, who have retired putting more than 3 years of service, are given a minimum pension of Rs.11, 800/-, which is almost half of the amount of post 1-1-2006 retirees on the plea that they were retired in the scale of Rs.12, 000-18,300 which was only equated to pay band III of Rs.15600-39100. (Statement showing comparative revision of pay scales and the effect of pension is appended).
This is unjust and against the spirit of Supreme Court judgment which opposes to create a class among the same set of persons by having a cut off date.
In this connection, we would like to state that in the case D.S.Nakara and others Vs.Union Government of India (ISCC 305/1983) the Supreme Court held that “the fixation of cut off date as a result of which equals were treated as unequals:and for the purpose of entitlement and payment of pension to those who retired by a ceratin date and those who retired thereafter is wholly arbitrary and did not stand the test of Article-14.The object sought to be achieved was not to create a class within a class,but to ensure that the benefits of pension were made available to all pensioners of the same class equally”
In a related judgement (L & S 838/2008) dt 9-9-2008 between Union of India versus SPS Vains (Retd) and other respondents, The Supreme Court has reiterated the same.
The problem has to be viewed ,even taking into consideration that in spite of Government of India /Ministry of Human Resource development/ University Grants Commission guidelines of fixing of the age of retirement at the age of 65,many teachers in many states are retiring at lower ages ranging from 55 to 62.
As such ,we request the Government of India to issue a specific order that the pre 1-1-2006 retirees who have put in 3 years or more in their service as a Selection Grade Lecturers/Reader, shall be made eligible to a minimum pension i.e.,50% of pay band IV ie.,37,400-67,000 with academic grade pay of Rs.9000/-
We seek your kind intervention to resolve the problem and help the retired teachers.