REPRESENTATION FOR URGENT AMENDMENT OF ToR OF 8TH CPC.
To
Smt. Nirmala Sitharaman Ji
Hon’ble Minister of Finance
Government of India
North Block, New Delhi – 110001
Subject: Urgent prayer for amendment of Para 2(e) of ToR of 8th CPC to explicitly include “Revision of Pension of all Pre-01.01.2026 Pensioners with Parity” – Defective ToR is against the spirit of previous CPCs, against Supreme Court verdict and against the statement made by Government in Rajya Sabha.
Respected Madam,
With utmost respect and on behalf of 65 lakh Central Government pensioners and family pensioners, I beg to submit the following for your kind, urgent and sympathetic consideration.
- A DEFECTIVE ToR HAS BEEN ISSUED – AGAINST YOUR OWN GOVERNMENT’S POLICY:
Madam, you will kindly appreciate:
a) ToR of all previous Pay Commissions were very clear. 5th CPC ToR Para 1.15, 6th CPC ToR Para 2(e), 7th CPC ToR Para 2(f) specifically and explicitly mandated: “To examine the principles which should govern the structure of pension… and to recommend revision with need to maintain parity between past and future pensioners” and “To examine and revise the existing pension structure for all existing pensioners”.
b) There is a clear cut verdict of Hon’ble Supreme Court in D.S. Nakara Vs UoI (1982) AIR SC 130 – 5 Judge Bench that pensioners form one class, classification based on cut-off date is violative of Article 14, and parity must be maintained.
c) Despite this settled position of law and settled practice of 70 years, the present ToR Para 2(e) of 8th CPC dated 03.06.2025 reads only as “To examine the principles which should govern the structure of pension and other terminal benefits”. The vital words “existing pensioners”, “pre-01.01.2026 pensioners”, “parity between past and future pensioners” have been omitted.
Why a defective ToR has been issued which is against the policy of popular BJP Government? BJP Government has always been pro-pensioner. Hon’ble Prime Minister has always said “Our pensioners are our pride”. 7th CPC gave full parity under your Government. Now this defective, vague ToR creates an impression that Government wants to deny pension revision to old pensioners. This is against the interest of BJP Government itself and will create huge resentment among 65 lakh families and 2 crore voters before 2029 elections. Therefore this ToR should be amended first for the interest of BJP Government itself.
- ToR IS THE JURISDICTION OF CPC – PAST JUDGMENTS ALONE WILL NOT HELP UNLESS ToR IS AMENDED:
Madam, ToR is considered as the scope and jurisdiction of CPC.
i) CPC is not a Court. It is an Executive Body created by Government Resolution. Its jurisdiction is strictly circumscribed by ToR. It cannot travel beyond ToR. It cannot say “Though ToR does not say about pre-2026 pensioners, I will still recommend because Supreme Court said in Nakara case”. If it does, its recommendation will be held ultra vires and rejected by Government as beyond mandate.
ii) Government is bound to consider only CPC recommendations while implementing. Department of Expenditure will simply say “8th CPC did not recommend for pre-2026 pensioners because it was not in ToR, hence no revision”.
iii) Therefore quoting D.S. Nakara or any other judgment before Pay Commission is useless unless ToR itself empowers Commission to deal with existing pensioners. Past judgments are our weapon TODAY to get ToR amended, not tomorrow before CPC.
- ToR IS AGAINST YOUR OWN STATEMENT IN RAJYA SABHA:
Madam, you have declared on the floor of Rajya Sabha during discussion on Finance Act 2025 that “the validation clause of CCS Pension Rules, 2025 would not affect the existing pensioners and their pension will be protected”.
We have full faith in your statement.
But if that is the policy of Government, then why ToR has been issued against the spirit of your answer in Rajya Sabha? If validation does not affect existing pensioners, then ToR must explicitly say that 8th CPC will recommend revision for existing pre-2026 pensioners. Keeping ToR vague and silent on pre-2026 pensioners directly contradicts your solemn assurance in Parliament.
It creates confusion that on one hand Government says in Parliament that existing pensioners are protected, on the other hand ToR excludes them from the purview of 8th CPC.
Hence ToR may be amended urgently to bring it in line with your statement in Rajya Sabha.
- PRAYER:
In view of above facts, it is humbly prayed that a Gazette Corrigendum may kindly be issued urgently amending Para 2(e) of ToR of 8th CPC as under:
“To examine the existing pension structure and to recommend revision of pension, family pension and other terminal benefits for all existing pensioners and family pensioners who retired/died before 01.01.2026, maintaining full parity between past and future pensioners as per principles laid down by Hon’ble Supreme Court in D.S. Nakara case, as done by previous Pay Commissions and as assured by Government in Parliament”.
This one line amendment will save 65 lakh families from litigation and will uphold the image of BJP Government as a pro-pensioner Government.
Kindly treat this as SOS and final call.
With profound regards,
Yours faithfully,
Lokanath Mishra
The Chief Adviser, AIPACBIC
At: Rourkela, Odisha
Mobile: 9437314941
Email: jailoknathjee@gmail.com
Date: 13.09.2026
Copy for urgent necessary action to:
- Dr. Jitendra Singh Ji, Hon’ble MOS (PP), DOPT, North Block, New Delhi
- Secretary, Department of Expenditure, Ministry of Finance, North Block
- Secretary, Department of Personnel & Training, North Block