With the issue of the Office memorandum dated 12.05.09, Government ruled out full pension for those who retired after 1.1.2006 but before 2.9.2008, even if they had completed 20 years of service. As per this latest clarification (OM dated 12.05.09), Government servants who retired before 2.9.08 with qualifying service of 33 years will continue to be proportionate to the full pension based on their actual qualifying service.
As per the said clarification OM dated 12.05.09, the basis for taking this decision is the Government took a policy decision to implement the the provision for full pension after 20 years of service with effect from 2.9.08.
It was also clarified by the Government that in light of various decisions of Apex Court allowing the employer to fix a cut-off date for introducing any new pension/retirement scheme, the decision of Government is in accordance with the law and there is no violation of Article 14 of the Constitution. Download the GOI momorandum.
http://gconnect.in/6cpc_orders/pension/pension_20_after_1-1-06-2.pdf
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