Revision of pension of Pre-2006 Pensioners/family pensioners who retired as NCC Whole Time Officers (Male) in rank of lieutenant, Captain, Major & Lt. Col – PCDA Orders

Circular No:C-167

No:-GI/C/0183/Vol-II/Tech
O/o the Pr.C.D.A. (Pensions)
Draupadighat Allahabad -211014
Dated: 21/06/2017

To,
The Treasury Officer
The PO- Master, Kathua, Srinagar (J&K)
The PO- Master, Campbell Bay (Andman & Nicobar)
The Defence Pension Disbursing Officer

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Pay & Accounts Officer
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Military & Air Attache, Indian Embassay, Kathmandu, Nepal (through Gorkha Record Officer, Kurnaghat, Gorakhpur)
Director of Accounts, Panji (Goa)
Finance Secretary, Gangtok, PO-I, Thimpu Bhutan
The General Manager (Nodal Officer, PSBs)
All Managers, CPPC of Public Sector Banks.
All Managers, CPPC of Authorized Private Banks. ———————————–

Subject: Revision of pension of Pre-2006 Pensioners/family pensioners who retired as NCC Whole Time Officers (Male) in rank of lieutenant, Captain, Major & Lt. Col – reg.

Ref:- This office circular no. 102, dated 11.02.2013, C-144, dt. 14.08.2015 and C- 149, dt. 08.04.2016.

Attention of all Pension Disbursing Authorities is invited to above cited circulars wherein instructions had been issued for implementation of GOI, Ministry of P,PG and pensions, Deptt of P&PW OM No.38/37/08-P&PW(A,) dated 28.01.2013 circulated under this office circular no. 102 dt 11.02.2013. According to these orders, revised pension and family pension of pre-2006 pensioners/family pensioners as revised w.e.f. 01-01-2006 in no case would be less than 50% & 30% respectively of the sum of minimum of pay in pay band and the grade pay corresponding to the pre- revised pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Min of Fin, Deptt of Expenditure OM No. 1/1/2008 – IC dated 30-08-2008. In case of HAG and above scales, this will be 50% & 30% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above referred OM dated 30-08-2008 of Ministry of Finance, Department of Expenditure.

(2) For this purpose, a revised concordance table of the pre – 1996, pre-2006 and post 2006 pay scales/pay bands indicating the pension/family pension (at ordinary rates) payable under the above provisions was enclosed with ibid Govt. OM dt. 28.01.2013 to facilitate payment of revised pension/family pension.

(3) However, it was not possible to give the benefits of revised pension under Govt. O.M. dated 28.01.2013 in absence of VIth CPC pay scale applicable to NCC Whole Time(Male) Officers. Now it has been confirmed that the pay scales as notified for NCC Whole Time Lady Officers for the rank of lieutenant, Captain, Major & Lt. Col under MOD letter No.10515/CPC/DGNCC/Pers(C)/1001/D (GS-IV)/2009 dated 27th July’ 2009 shall be taken into consideration for revision of pension of Pre-2006 retirees NCC Whole Time Officers (Male) of the corresponding ranks. Hence, attention of all pension disbursing authorities is again invited that in case of pre-2006 pensioners who retired as NCC Whole Time Officers in rank of lieutenant, Captain, Major & Lt. Col, their revised pension/family pension as on 01.01.2006 would not be less than as tabulated below:-

(4) In case the consolidated pension/family pension calculated as per Para 4.1 of OM No.38/37/08-P&PW (A) dated 01-09-2008 is higher than the pension/family pension tabulated above, the same ( higher consolidated pension/family pension ) will continue to be treated as basic pension/family pension.

(5) All other conditions as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from time to time shall remain unchanged.

(6) All pension disbursing authorities are therefore, requested to revise the pension/family pension in affected cases in terms of ibid circular. Payment made w.e.f. 01.01.2006 will be adjusted against the arrears now being paid and these cases may be reflected in the monthly account sent to this office as ‘change item’.

(7) Where the PDAs are in doubt in regulating the payment of revised pension/family pension under these orders, the cases with full details of pensioner/family pensioners and PPO No: etc may be referred to Audit Section of this office for advice and further action.

sd/-
(Rajeev Ranjan Kumar)
Dy. CDA (P)

Authority: http://pcdapension.nic.in/

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1.      After reading our earlier website write up (Sl.2) on the above subject, some readers have sought the details of the case.

2.      The facts of the case briefly stated are as under:

a)    The VI CPC in para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them “will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired”.

b)    The Government of India in their Resolution No.38/37/08-P&PW(A) dated 29-8-2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure to the said Resolution).

c)    In Department of Pension & Pensioners Welfare O.M No.38/37/08 P&PW dated 1-9-2008 same proviso has been incorporated at para 4.2 thereof.

d)    The Department of Pension & Pensioners Welfare through their clarificatory O.M. No.38/37/08 – P&PW (A) pt. 1 dated 3-10-2008 however modified the para 4.2 of their OM dated 1-9-2008 as under:

The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay from which the pensioner is retired) plus grade pay corresponding to the prerevised pay scale.”

e)    In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the pre revised pay scale from which the pensioner had retired.

f)     This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A. No.655/2010). Hon’ble Tribunal in their order dated 1-11-2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3-10-2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1-1-2006 based on Government Resolution dates 29-8-2008.

g)   Government of India challenged the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29-4-2013 upholding the decision of the Tribunal.

Government of India then filed the following S.L. Ps etc.
(i)    SLP (C) No.23055/2013 dismissed on 29-7-2013.
(ii)   Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
(iii)  Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
Thus the CAT verdict dated 1-11-2011 attained legal finality.

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