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Ghatty Chandramouliswer (Retired Senior Audit Officer)     05 October 2009

Central Pay Commission

Dear Sirs, I am a retired Central Government Employee.Retired on 31st, July, 2006.Basing on Vth CPC recommendations, the GOI, treated 50% Dearness Allowance as Dearness Pay and added to Pay and allowed all allowances including further DA on it. The VI CPC denied this benefit and replaced it by a "Grade Pay" which is 40% of the maximum of the pre-revised scale.This part was not considered for allowing fitment benefit (1.86times of Pay)recommended by the commission though this was treated a pay for all purposes. This Grade pay also was recommended to be added to pay after allowing fitment benefit on pay exclusive of DP. For example, my pay as on 1-1-2006 of Implimen tation of new scales was =.Rs.16,537(Rs.11,025 +5513).Fitment benefit of 1.86 times was allowed on Rs.11,025 and added a grade pay of Rs.5400. as against Rs.5513 drawn by me. This has  resulted in reduction of  my pay and revised pay was restricted to Rs.25,507 instead of Rs.30,759 resulting in loss of Pay by Rs.5,252/- PM excluding allowances. It is not in my case alone. all the employees were allowed such reduction in emoluments. My point is wheather VI CPC is empowered to disallow a benefit recommeded  by an earlier pay Commission, which was accepted  and implimented by the Government . Most of the employees are not benefitted with this recommendation, except Junior most employees. Is there any possibility to approach Central Administrative Tribunal  or the Hon.Supreme Court of India. for getting the benefit lost? I request the Learned Lawyers to Advise. An Anomoly Committee was Stated to have been appointed by Government. But it will take long time and if atall accepted the benefit wll be extended prospectively. As a pensioner I may not get that benefit. Request an expert advise please.

Thanking you,

Chandramouliswer Ghatty 


 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 October 2009

No. there is no scope to either appproach CAT or SC in the matter of lost benefits. You may wait for the Anomoly Committee report. You may approach SC just for seeking direction to this committee to complete its work within a short span of period

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