DO No BPS /SG/ Pension/2020/5

Dated 23.08.2020

Dear Madam Seema Gupta ji,

( By e-mail )

Subject : Spl cell for pensioners, Pay pension at home

Reference Judgement dated 20.08.2020 of HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR in LD-VC-CW-665 OF 2020 Shri Naini Gopal S/o Dhirendra Mohan Roy vs UOI & others

Madam, as Director (PW) GOT MAO PPG & Pensions-DOP& PW, you are the guardian of pensioners. As such Bharat pensioners Samaj requests you to take note of the observations of honourable Bombay high court vide their Para 16 to 18, 19(5) and 20 of the judgement under reference and to initiate action to get Spl cell for pensioner for payment of Pension at home constituted as desired by the honourable Court. Citation of the said judgement & text of relevant Para is quoted hereunder (pdf of full judgement also attached with this e-mail)

Form Spl cell for pensioners, Pay pension at home Bombay H.C. to Govt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

LD-VC-CW-665 OF 2020

Shri Naini Gopal S/o Dhirendra Mohan Roy, Aged About 85 Years. Occupation – Pensioner, R/o F-37/B, Central Railway Colony, Ajni, Nagpur-440003. … Petitioner

Versus

1. The Union of India, Ministry of Defence, Through its Secretary, New Delhi
2. The Principal Controller of Defence Accounts (Pension), Office of Principal Controller of Defence Accounts Allahabad, Uttar Pradesh-211 014.
3. The General Manager, State Bank of India, Centralized Pension Processing Centre, 5th Floor, Premises No. T-651 and T-751, I.T C Belapur, CBD: Belapur Railway Station Complex, Navi Mumbai-400 0614
4. The General Manager, Ordnance Factory, Bhandara. … Respondents

CORAM : R.K. DESHPANDE & N.B, SURVAWANSHIL, JJ.

Date of Reserving the Judgment : 13th August, 2020 Date of Pronouncing the Judgment : 20th August, 2020

Extract of judgement
– para 16 to 19(5) & 20

16. Before parting with this Judgment, we need to remind the Bank that the pension payable to the employees upon superannuation is.a ‘property’ under Article 300-A of the Constitution of India and it constitutes a fundamental right to livelihood under Article 21 of the Constitution of India. The deprivation, even a part of this amount,cannot be accepted, except in accordance with and authority of law. Article 41 of the Constitution of India in the Part IV of Directive Principles of Stale Policy has created an obligation upon the State to recognize a right of public assistance in the case of old age. sickness and disablement. Article 46 therein requires the State to promote with special care the economic interests of the weaker sections of the people In short, the foresaid provisions of the directive principles of State policy create an obligation upon the State to enact suitable laws, making the provisions to recognize a right of public assistance to Promote economic interests, to protect the life and property of senior citizens, to treat them with respect and dignity and to give wide publicity to it.

17. Unfortunately. the time has come to tell the Bank that the aging is natural process, which leads to weakening of the body and mind. The productivity, working ability and mobility decreases or paralyzes with growing age. The traditional norms, values and culture in the Indian Society demand to treat the senior citizens with respect, dignity and lay stress on providing security, care and assistance to them. It becomes a part of the human right of the senior citizens. The senior citizens are the persons who had shouldered the responsibility of building a nation in general and society of community in particular, while in service. Utilizing their experience in the life and working, the strong shoulders are created of young persons to substitute and rest the responsibility upon them, while demitting the office. The bank officials must realize that tomorrow it may be their turn, upon superannuation, to fight for the pension or post-retiral benefits. The thought process, therefore, to be adopted should be of a person in a situation like the petitioner. ‘The respect, dignity, care, sensitivity, assistance and security would automatically follow.
18. We have, however, seen and can take judicial note of the fact that the security of the senior citizens always remain in peril. We have seen the senior citizens anxiously waiting for credit of the Pension amount in their account and standing in a queue for withdrawal. Once the amount is withdrawn personally either from the Bank or from the ATM, a serious threat starts posing to the life from the watchdogs roaming around involved in pick-pocketing and stealing. We have actually seen the old aged persons-men and women, counting the currency with cramping hands and trying to secure the amount at some hidden place in the body. It is seen then after waiting in the premises of the Bank and taking stock of the situation and the atmosphere with scared mind and the feeling of insecurity, the escape route and time is chosen to reach to their destination safely. It is a high time for the Banks to create a separate cell and to device a method to provide personal service through the men of confidence, at the door-step to the old aged, disabled and sick persons who are the senior citizens. They have to be treated with respect and dignity. The sensitivity to the problems of the senior citizens need to be addressed. The mechanism for immediate redressal of grievance needs to be provided. The officers having a degree or master’s degree in Social Work or Psychology, who can be in personal touch with and genuinely understand and redress the grievances or complaints of the senior citizens, can be appointed.
19. In the result, this petition is allowed and the following order is passed : (1) The action of the respondent No. 3- Bank in deducting an amount of Rs.11,040/- per month with effect from October, 2019 is hereby quashed and set aside. (2) We direct the respondent No 3- Bank to immediately credit an amount of Rs. 3,27,045/-, recovered from the pension account of the petitioner, along with interest at the rate of 18% per annum from the date of recovery of each of the installments, till the date of credit of this amount in the pension account of the petitioner.

(3) The respondent No. 3- Bank is restrained from recovering any amount from the pension payable to the petitioner on the basis of the action, which we have quashed and set aside.

Also check: Important Supreme court Judgement – MACP should be given effect from 01.01.2016

(4) We direct the respondent No 3- Bank to pay the compensation of Rs 50,000/- to the petitioner and credit the said amount in the pension account of the petitioner within a period of eight days from today, failing which the additional costs of Rs.1,000/- for each day’s delay will have to be paid.

(5) We direct the Registry of this Court to forward the copies of this Judgment to the Centralized Processing Pension Centres of all the Nationalized Banks and also to the Reserve Bank of India and the Chief Secretary, Government of Maharashtra, to consider the question of constitution of separate cell and release of appropriate guidelines so as to attain the constitutional goal of providing respect, dignity, care, sensitivity, assistance and security to all the pension account holders in the Banks.

(6) This Judgment be uploaded under the digital signature of the Private Secretary.

20. Rule is made absolute in the aforesaid terms. No order as to further costs.

(NB, SURYAWANSHL J.) (RK. DESHPANDE, J.)

Hoping for early favourable action
with regards
yours sincerely,

To

Smt. Seema Gupta
Diector (PW) GOI
M/O P.PG & Pensions-DOP &PW

sd/- S.C. Maheshwar Secy gen BPS

Copy to JS DOP &PW for necessary action at his level please

SC.Mahesiwari

Source: Bharat Pensioners Samaj

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CGHS

OFFICE OF THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, DELHI CANTT -110 010

No. A/1/11336/OBS/2017-18

Dated: 09.07.2018

To
PCsDA/CsDA (through website)

Subject: Booking of CGHS Recovery into Heads of Defence Accounts.

As per list of Major & Minor Heads of Accounts, recovery on accounts of CGHS contribution should be booked under Receipt Head 0210.01.103.00.00 {code heads 094/16-Defence, 095/16-MoD(Civ) & 098/20-CSD}.

2. However, Test Audit of pay bills pertaining to Defence Civilians in one of our Controller Offices revealed that a recovery of CGHS subscription is being booked under MH-0076, Minor Head 800-Other receipts (code head 01/575/30). Similarly, CGHS contribution of Civilians of Navy and Air Force is being booked under MH-0077, Minor Head 800-other receipts (code head 01/670/30) and Major Head 0078, Minor Head 800-Other receipts (code head 01/710/30) respectively.

3. While your office is booking a significant amount under the code head 094/16, it may be possible that the recovery on account of Defence Civilians not being booked under the appropriate heads.

4. It is therefore, requested to review the booking on account of recovery of CGHS contribution by your office and furnish the practice being followed and code heads being used by your office for booking of said recovery in r/o both DAD & Non-DAD subscribers. The review may be completed by 27.06.2018.

(Sumit Gajbhiye)
Sr.ACGDA (A&B)

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Office of the Principal Controller of Defence Accounts (Pension), Draupadi
Ghat, Allahabad -211014

Circular No. 196

No. AT/Tech/30-XIX

Dated: 10.01.2018

To,

1. The Chief Accountant, RBI Deptt. of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai-400051
2. The Director of Treasuries of all state …….
3. The Manger CPPC of Public Sector Banks including IDBI
4. The CDA (PD) Meerut……….
5. The CDA-Chennai……….
6. The Nodal Officers (ICICI/ AXIS/HDFC Bank)….
7. The Pay & Accounts Officers…………
8. Military and Air Attache, Indian Embassy Kathmandu, Nepal.
9. The DPDO…………
10 The Post Master…………..

Sub: Leveraging for maximizing Digital Life Certification.

Since, Aadhaar Act has now mandated by Govt. of India and the pensioner is required to furnish Aadhaar was for using the Aadhaar information. Therefore, Pension Disbursing Authorities are advised to obtain the consent of all the defence pensioners/family pensioners drawing their pension/family pension from their offices as per the sample Template for Jeevan Pramaan / Digital Life Certificate enclosed herewith.

Encl: As above.

S/d,
(Shubash Kumar)
DCDA (P)

Sample Consent Template for Jeevan Pramaan/Digital Life Certificate- I < Name of the Aadhaar holder >, the holder of Aadhaar number < < xxxx-xxxx-xxxx > >, hereby give my consent to < (Name and Address of PDA) > to use my Aadhaar Number and Fingerprint/Iris/OTP for annual identification and generation of Digital Life Certificate(DLC). I also give my consent for sharing my Aadhaar number and my DLC with my < (Name of PDA) > for e-KYC and authentication from UIDAI through Meit/NIC/NPCI/other ASA.

< (Name of PDA) >………. has informed me on behalf of Meit/NIC/NPCI/other ASA that during authentication, Meit/NIC/NPCI/other ASA shall submit my information to UIDAI and that my core biometrics (Fingerprint and/or Iris scans will not be stored/shared). I have also been informed that the information submitted to < (Name of PDA) >………. shall not be used for any purpose other than that mentioned above or as per any requirement of law.

(Signature)
Name:…..……………………………………
Rank/Designation:………………………
Personal No./Regimental No………..
PPO No.:……..……………………………

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OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)

DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. C-168

No: G1/C/0199/Vol-I/Tech

Dated: – 10 .07.2017.

To,
————————————–
——————————–
(All Head of Department under Min. of Defence)

Subject: – Implementation of Govt’s decisions on the recommendations of the Seventh Central Pay Commission-Revision of pension of pre-2016 pensioners/family pensioners, etc.

Reference: – (i) GOI, Deptt. of P&PW O.M. No. 38/37/2016-P&PW(A), dt. 6th July, 2017.

(ii) This office important circular no. C-164, bearing no.G1/C/0199/Vol-I/Tech, dated 30th May 2017.

GoI, Ministry of Personnel, Public Grievance and Pensions, Department of Pension & Pensioners’ Welfare has issued a CONCORDANCE TABLE vide O.M. No. 38/37/2016-P&PW(A), dated 6th July, 2017 for revision of pension of pre-2006 pensioners/family pensioners based on notional pay fixed as on 01.01.2016. A copy of the same has been uploaded on this office website www.pcdapension.nic.in for easy accessibility of all concerned. This table should be used to arrive at notional basic pay in the pay matrix of 7th CPC.

2. Reference of this office DO letter of even no. dt. 02/06/2017 is also invited, under which it was requested to all HODs that a Nodal Officer may be nominated who can be contacted for expediting the process and resolving any issue which is encountered. Details such as telephone number, mobile no., email -id etc. may kindly be intimated immediately if not already done, by email to gograntonecivil.dad[at]hub.nic.in .

3 Reference may kindly be made to this office circular no. C-164 dated 30.05.2017 wherein methodology for revision of pension consequent upon issue of GOI, DP&PW OM No. 38/37/2016-P&PW(A), dated 12.05.2017 was conveyed. Several queries in form of letter, email, phone calls are being received for clarification of certain provisions of the ibid circular. It has been decided, therefore to circulate such clarification through this circular. Hence, topic wise clarifications are appended below:-1

a). HOO Code:

(i) At Para 20 of the circular C-164 dated 30.05.2017, it was mentioned that HOO code shall to be obtained by sending email to pcdapedp.cgda@nic.in in the prescribed proforma duly signed by Head of Office (HOO) and Head of Department (HOD). It has been seen that request for HOO code allotment is being received in this office in very sparse manner. Since, this code is mandatory for preparation of LPC-cum- Datasheet and also for transmission of PPOs to Head of Offices, it is requested to impress upon the Head of Offices functioning under your jurisdiction to kindly forward the request for allotment of HOO code immediately in prescribed manner. It is worthwhile to mention here that the term ‘Head of Department’ refer to organization such as OFB, AOC, ENG., DRDO, AF, Navy, DAD, Coast Guard etc. and Head of Office indicates the Unit (say a Factories under OFB, a laboratories under DRDO etc.) which are required to send claim for pension sanction/revision to this office. It is also planned to soon modify existing LPC-cum- Datasheet which is presently being used for processing regular pension claims for other types of pension including superannuation etc. Therefore, timely allotment of HOO Code will avoid any delay in preparation of pension claims.

(ii) It may be kept in mind while filling HOO registration form that column ORGANISATION should be filled with organisation code(as being filled in 1st column of existing LPCs) of HOD. For example if HOD is Factory organisation then ORGANISATION Column shall be filled as : 01.

(iii) It has been observed that in some cases HOO Code has been allotted, but the same isshowing error while filling LPC-cum- Datasheet through Utility because the leading zero is dropped and then the code consists of 5 digits only. The utility has been updated and the revised version of the utility is now available on this office website www.pcdapension.nic.in .

b) LPC-CUM-DATA SHEET

(i). HOO Name (Column2):- It has also been observed that in the field of ‘HOO Name’ name of officer holding that appointment is mentioned. In this regard, attention is invited to filling instructions of Column 2 which mentions clearly that the column will be filled with ‘office name’ of the pensioners. For example if Govt. employee retired from HQ CWE SHIMLA HILLS JUTGAON CANTT SHIMLA, this column shall be filled as HQ CWE SHIMLA. In no case, name of the officer who is Head of the Unit or appointed to act as HOO under Delegation of Financial Power Rules 1976 should be mentioned.

(ii) In the field of PPO no., slashes ‘/’ are also being indicated. While it is clearly mentioned in filling instruction that PPO no. should be filled without slashes. For example if PPO no. is C/MISC/10250/2016, it should be filled as CMISC102502016 .

(iii) Date of Birth, Date of Appointment and Date of Retirement should be filled in (MMDDYYYY) format. For example if Date of Birth is 5th February 1950 it shall be filled as 02/05/1950. Alternatively calendar facility provided in the utility may be used.

(iv) It has been observed that pay scale at the time of retirement is not being filled in the corresponding column as provision mentioned under the caption ” PAY DETAILS”. For example: if, Govt. employee retired under 4th CPC in Pay scales 5900-200-7300 with last pay drawn 6100/- all columns from 4th CPC Pay Scale and onward should be filled properly. For example :-

(v) Basic Pension as on 01.01.2016 (Column 29) It has been observed that in some cases this column is filled with 50% of notional pay as on 01.01.2016, which is not correct. Filling instruction in this regard is very clear, this column is meant to reflect basic pension as on 01/01/2016 as per pre-revised scale of 6th CPC. In other words pensionary entitlement under 6th CPC should be multiplied by 2.57 and this results need to be reflected in this column.

(vi) Name of PDA (Column 45) : As per filling instructions if PDA is Bank (Code-9), then filling of Column no. 45 to 51 i.e. PDA Station, Name of Bank, Bank Account no., IFSC code of Paying Branch and BSR Code of CPPC must not be left blank.

c) Vetting of Data Sheet

(i). At Para 20 of the circular C-164 dated 30.05.2017, it was mentioned that in the annexed proforma of LPC-Cum-Data Sheet, the claim will be forwarded along with all concerned documents by the H.O.O/H.O.D to PCDA (Pension) Allahabad after getting it vetted from PAO/LAO attached. In this connection it is clarified that it is not necessary to get LPC-cum- Datasheet vetted by both authority i.e by PAO and LAO. Any one of the two may vet the LPC-cum- Datasheet before forwarding to this office.

4. In view of the foregoing, Head of Departments are requested to issue suitable instructions (along with copy of this circular) to all the Head of Offices under their administrative control to ensure that claims on the subject matter are floated in accordance with clarification given in above Paras without delay. It is further requested that HOD’s may evolve suitable mechanism to monitor progress in forwarding of LPC-cum-Data Sheet by their sub -offices functioning as on Head of Office.

(Rajeev Ranjan Kumar)
Dy. CDA (P)

No: G1/C/0199/ Vol-I/Tech
Dated: 10 /07/2017

Source: http://pcdapension.nic.in/

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According to the Gazette Notification issued by the Government on 6.7.2017, Junior Commissioned Officers (JCOs) are now eligible to travel by Air.

Those who are in Level 6 to 8 of Pay Matrix (Pre-Revised Grade Pay 4200, 4600 and 4800), as the Travel entitlement for them so far is AC II by Train only. Now the are entitled to Travel By Air in Economy Class.

Level 6 to 8 pertain to the three ranks of JCOs – Naib Subedar, Subedar and Subedar Major – in the Army, and their equivalents in the Navy and Air Force. Level 5 A of Defence Forces to be clubbed with Level 6 for travelling entitlements.

7th CPC Recommendations on Travel Entitlements: The 7th Pay Commission opines that the present provisions are adequate. Hence, status quo is recommended with the present system of differentiation based on Grade Pay duly substituted by the Levels of the Pay Matrix.

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OPPOSITE ARMY BASE HOSPITAL, BRAR SQUARE, DELHI CANTT.- 110010
Ph: 011-25694268, 25694298 Fax: 011-25694308 Email: trgdiv-brar.cgda@nic.in

No.TD/3332/Circular/17

Dated: 29.03.2017

Circular No.2 (z)

To
All RTCs/NADFM Pune/DPTI & OTI Gurgaon
All PCsDA/CsDA

Subject: Revision of rates of honorarium for Guest Faculty for training activities in Defence Accounts Department.

Min of Defence (Fin), DAD (Coord) vide their letter No.F.26 (1)/C/2009 dated 07.03.2017 has conveyed the sanction for revising the rates of honorarium for Guest Faculty for taking lectures in the training institutes of our department. The revised rates of honorarium are as under:

2. Selection of the faculty shall be strictly on merits and reasons shall be recorded for the same. It is also requested to ensure adherence to the ceilings as prescribed in DoP&T OM No. 13024/2/2008-Trg.I dated 03.03.2009.

3. It is requested to take action accordingly.

(T Kabilan)
Dy. CGDA (HRD)

Original Order

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Office of the Controller General Of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110 010

Tele No.011-25674810
No.AN-I/1201/1/XXVII

Fax No.011-25674781
Dated: 02.03.2017

To

1. The PCDA (R&D), New Delhi
2. The PIFA (Army-M), New Delhi
3. The PCDA, New Delhi

Subject: Promotion to the grade of Additional Controller General of Defence Accounts (Higher Administrative Grade+).

The Appointment Committee of the Cabinet (ACC) has approved the following two officers for promotion to the grade of additional controller General of Defence Accounts of the India Defence Accounts service in the pay scale of Rs.75500-80000 (HAG+) 6th CPC/Level 16 of pay matrix (7th CPC)

The promotion shall be with immediate effect or from the date of assumption of the charge of the post, whichever is later and until further orders. It may please be ensured before relief of the officer that no disciplinary/criminal case is pending against the officer and the officer is not under suspension.

2. It is, therefore, requested that the above named officers may please be relieved of their present duties immediately with the request to assume charge as Additional Controller General of Defence Accounts in the office of CGDA, Delhi Cantt on promotion. TA/Joining time as admissible under the rules is authorized.
3. The blank MTPAR form is enclosed for initiating the MTPAR of the officer till date of relief from the present charge/post. The same may please be handed over to the officer after completing Part I of the form with the request to complete the Part-II (Self Appraisal)and submit the same to the respective Reporting Officer, within 15 days from the date of relief, under intimation to the HQrs office. The officer may also be informed that if he fails to submit his appraisal within the aforesaid period, action would be initiated to get the MTPAR reported by the Reporting Officer without his self appraisal.
4. Copy of the office Order regarding his relieving may please be forwarded to this HQrs. Office.

(Sham Dev)
Jt.CGDA (Admin)

Signed Copy

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Government of India
Controller General of Defence Accounts
Ulan Batar Road, Delhi cantt  110066
(Defence Travel System, E Ticketing Project)
Phone No.: 011-26108268/26163404 /Fax No.: 011 26163403

No. Mech/EDP/861/E-T /Air

Dated: 15/09/2016

To,
The PCsDA/CsDA,

Subject: Air Travel Accounting and Payment by PAO

Reference: HQrs Office letter no. Mech/EDP/861/E-Ticketing/Phase-III dated-21-12-2015.

It is intimated that under the e-Ticketing system wherein Rail Tickets are being booked in lieu of warrants, an Air travel module has also been launched in collaboration with Balmer Lawrie to cover all types of moves like Temporary Duty, Permanent Transfer, LTC All India and LTC Home Town. Air tickets are being booked through DTS since 11 September 2015 by various units across Services under different PAOs. The payment procedure as agreed between CGDA and Balmer & Lawrie is post payment.

2. All PCsDA/CsDA/PCA{Fys) along with this HQrs office has been issued two set of tokens/login-id for this purpose.

(a) One set of Token /Login-Id for DAD Employee:  For booking of Air Tickets i.e. Master Booker Tokens and Competent Authority Approval Tokens for booking of Air Tickets for entitled DAD officers (already issued during training in the Jan, 2016).

(b) PAO tokens for generating and downloading of system generated booking details /Bills and invoices of air tickets booked for DAD entitled officers for payment. Such Tokens (Issued recently) cannot be used for booking of Air Tickets.

3. Process of Booking of Air Tickets: As mentioned in para 2(a) above, one set of Token/Login Id has already been issued for DAD Employee for profile creation of all officer/staffs entitled to travel by Air and booking of Air Tickets.

Air Tickets. Initially, profiles of all the officers/staffs working under jurisdiction of each PCsDA/CsDA and PCA(Fys) need to be created for booking of Air Tickets. The creation of profile is a onetime process and need not be done again. When an officer/staffs will be transferred from one PCsDA/CsDA to another, in such case his profile need to be “Transferred out” by the old office and accordingly his new office will perform the activity of “Transfer in” of such officers/staffs. All such activities like profile creation, editing of profile, Air Travel Booking request and cancellation request are performed by master booker /Booker token. At the same time, Approval/Approving token is used for approval of all such request as forwarded by the master booker token through DTS system. Accordingly, once travel request is approved by Competent Authority/Approving Authority, Master Booker/Booker Token can book the Air Ticket as per Travel Regulation and Movement Sanction.

4. Process of Payment of Air Tickets to Balmer Lawrie & Co:  As mentioned above, the booking of Air Tickets has been launched in collaboration with Balmer Lawrie, the payment procedure as agreed between CGDA and Balmer & Lawrie is post payment. Following steps are involved in processing of payment of Air Tickets to Balmer Lawrie & Co.

(a) Online Accounting and Payment Module for Air Travel:  As mentioned in para 2(b) above, Air Ticket booking details and voucher for Air Ticket booked during a particular period can be generated by logging in to the PAO Module for further processing of payment to Balmer & Lawrie Co.

(b) Preparation of Punching Medium:  After generation of the voucher by logging-in to the PAO Module, PCsDA/CsDA will prepare Punching Medium to compile under respective code head as per classification hand book.

(c) Payment Through NEFT:  After preparation of Punching Medium and Daily Payment Sheet, PCsDA/CsDA will make payment of the due amount through NEFT or through any other process is being followed in their offices.

(d) Voucher Settlement:  After payment PCsDA/CsDA will log-in to the PAO Module and will mark against each invoices as payment done.

(e) Voucher Acknowledgement:  All payment will be acknowledged by Balmer & Lawrie through System and PCsDA /CsDA will be able to download Receipt voucher of payment from the system.

4. Claim Submission:  As the Air Ticket booked through system is given to the officer is as good as advance to the officer/staff serving in the PCsDA/CsDA offices, traveler will submit his final claim within one month after completion of the journey along with original boarding pass and a copy of the Air Ticket booked through DTS

5. In this regard it is intimated that PCsDA/CsDA who are not having PKI tokens (One set of Booking Token with two tokens (One for Master Booker/Booker Token and another for Approval Token)) for booking of Air Tickets through DTS and one PKI token (PAO Token) for generation of voucher and processing payment are requested to intimate to this HQrs office for issuing of the same. PCsDA/CsDA/PCA(Fys) offices in possession of one set of PKI token (One for Master Booker/Booker token, another for Approval token) are requested to start booking of Air Tickets through DTS immediately.

Jt. CGDA (IT&S) has seen.

Sd/-
Deepak Kumar
Sr.ACGDA(IT & S)

Source : cgda.nic.in

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Office Of the Principal Controller of Defence Accounts (Central Command)
Cariappa Road, Cantt., Lucknow, Pin code – 226002

No.PT/3088/CGDA/Vol-VI

Date: 19-05-2016

To,

1. The Area Accounts Office (CC) Allahabad
2. The Area Accounts Office (CC) Kanpur
3. The Officer in-Charge Pay-I/II/III & Store Audit (Local)

Sub: Provision of Minimum Pension of Rs.1000 per month the Pensioners under the Employees Pension Scheme 1995 – publicity of.

Ref: HQr Office letter No.AT/V/DAD/15001/EPS-1995 dated 10-05-2016.

Please find enclosed a copy of Ministry of Defence. D (Civ-II) Section ID No.20(1)/2016/D (civ-II) dated 01-04-2016 received from HQr office regarding the subject matter is forwarded herewith for your information and necessary action please.

Encl: As above

sd/-
ACDA(PT)

—-

Office of the Controller General Of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt. – 110010

No.AT/V/DAD/15001/EPS – 1995

Dated: 06-05-2016

To

All PCDAs/CDAs
PCDA(CC)Lucknow

Sub: Provision of Minimum Pension of Rs.1000 Per month the pensioners under the Employees pension Scheme 1995 – publicity of.

Please find enclosed a copy of Ministry of Defence, D (Civ-II) Section ID No.20(1)/2016/D (Civ-II) dated 01.04.2016 on the above mentioned subject is forwarded herewith for information and necessary action please.

Encls: As stated above.

sd/-
Rajesh Sharm
S.A.O. (AT/P)

—–

Ministry Of Defence
D(Civ-II) section

Subject: Provision of Minimum Pension of Rs.1000 Per month the Pensioners under the Employees Pension Scheme, 1995 – publicity of

The Employees Provident Funds & Misc Provision (EPF&MP) Act gives the framework for operating three important social security schemes for the workers of the country. These Schemes are (i) The Employees Provident Funds (EPF) Scheme 1952; (ii) The Employees Pension Scheme (EPS) 1995; and (iii) The Employees Deposit Linked Insurance (EDLI) Scheme, 1976. Under the provisions of the Employees pension scheme, 1995, pension security is provided for the employees who joined on or after 16.11.1995. In order to provide a bare minimum amount as pension which may help towards social security of EPS Pensioners, the Govt had started providing a minimum pension of Rs.1000/- p.m. to the pensioners under the scheme initially form 1.9.2014 for the year 2014-15.

sd/-
(Gurdeep Singh)
Under Secretary

—-

Ministry Of Defence (Finance)
DAD – Coord

Room No.24-A, south Block, New Delhi

Sub: Provision of Minimum Pension of Rs.1000 Per month the Pensioners under the Employees Pension Scheme, 1995 – publicity of.

A copy of Ministry of Defence D(Civ-II) Id bearing No.20(1)/2016/D(Civ-II) dated 01.04.2016 on the above mentioned subject is forwarded herewithfor information and necessary action please.

sd/-
(Rajesh Kalia)
SO (DAD Coord)

Source: http://pcdacc.gov.in/

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The tax exemption of disability pension received by Armed Force Personnel are among those exemptions under Income Tax Act for which you may not get a direct reference in the Income Tax Act.

However , such tax exemption are allowed by the executive instruction issued by either Finance Ministry notification or under the delegated powers to CBDT . Armed Forces personnel get the disability pension which is basically aggregate of two components-disability pension and service pension. Previously , this website had posted earlier 3 Types of Pension to Armed Forces Completely Tax Free!

Disability Pension to Armed Forces : What is it ? Update :

The below portion is modified as the government, has issued new circular for minimum disability pension .

The circular is applicable to all Pre-2006 Armed Forces Disability/War Injury Pensioners who were/ are in receipt of Disability Pension/ Liberalized Disability Pension/ War Injury Pension as on 24th September 2012.

Download the Circular 542 dated 27/05/2015

As per the website of Principal Controller of Defence Accounts (Pension), where an Armed Forces Personnel is invalided out of service, which is accepted as attributable to or aggravated by military service, he shall be entitled to disability pension consisting of Service Element & Disability Element as follows:-

Service Element The amount of service element shall be determined as 50% of less emoluments drawn as given in para 6 of MOD letter dt- 12.11.2008 which is subject to minimum Rs 3500/- p.m.

Disability Element The rates of disability elements for 100% disability for various ranks shall be 30% of emolument last drawn subject to Rs. 3510/- per month. Disability lower than 100% shall be computed by reducing proportionately.

Disability Element on Invalidment Where an Armed Force personnel is invalided out of service under circumstances mentioned in para 4.1 of Govt. letter dt. 31.01.01, the extent of disability shall be determined as follows for the purpose of computing the DE :- Percentage as finally assessed by Competent AuthorityPercentage to be reckoned for computing DE Between 1 to 4950 Between 50 & 7575 Between 76 &100100 Disability Element on Retirement/Discharge Where an Armed Forces personnel is retained in service despite disability and subsequently retired/ discharged on completion of tenure or on attaining the age of retirement, he shall be entitled to Disability Entitlement at the rate prescribed for 100% disablement. For disablement less than 100% but not below 20%, the rates shall be reduced proportionately.
No disability element shall be payable for disability less than 20% .

Is Disability Pension to Armed Forces Tax Free ?

Yes, although there is nothing in section 10 of the Income Tax Act , which is a general exemption section under Income tax Act , the disability pension has been made tax free through Finance Ministry notification No 878-F (Income Tax) dated 21-3-1922 .

The following instruction from CBDT explains that the entire disability pension is exempt

INSTRUCTION NO 136F.NO. 34/3/68-IT(AI)GOVT OF INDIA CENTRAL BOARD OF DIRECT TAXES NEW DELHI, DATED THE 14TH JAN 1970
FROM :SHRI S N NAUTIALSECRETARY, CBDT

TO:ALL COMMISSIONERS OF INCOME TAX

SUBJECT : EXEMPTION – SERVICE AND DISABILITY ELEMENT OF DISABILITY PENSION GRANTED TO A DISABLED OFFICER OF THE INDIAN ARMY –

WHETHER EXEMPTED FROM INCOME TAX. REFERENCE IS INVITED TO THE BOARD’S LETTER F NO 42/9/59-IT(AI), DATED THE 5TH SEPT 1960 ON THE ABOVE SUBJECT WHEREIN IT WAS MENTIONED THAT IN THE CASES FALLING UNDER ITEM (29) OF FINANCE DEPTT NOTIFICATION NO 878-F (INCOME TAX) DATED 21-3-1922, THE‘DISABILITY ELEMENT’ OF THE DISABILITY PENSION RECEIVED BY AN OFFICER OF THE ARMY WILL ONLY BE EXEMPTED FROM TAX AND THAT THE ‘SERVICE ELEMENT’ WILL BE SUBJECTED TO TAX.

2. ON RECONSIDERATION OF THE MATTER, IN CONSULTATION WITH THE MINISTRY OF LAW, THE BOARD ARE ADVISED THAT ITEM 29 OF THE NOTIFICATION DOES NOT DIFFERENTIATE BETWEEN TYPES OF PENSIONS. ACCORDINGLY IN THE CASES FALLING UNDER ITEM 29 OF THE ABOVE NOTIFICATION, ENTIRE DISABILITY PENSION WILL BE EXEMPTED FROM INCOME-TAX.

3.THE ABOVE INSTRUCTIONS MAY BE BROUGHT TO THE NOTICE OF ALL ASSESSING OFFICERS INYOUR CHARGE. YOURS FAITHFULLY,
SD/- (S N NAUTIAL) SECRETARY ,CBDT

Confusion on Exemption Disability Pension & Service Element As the disability pension is aggregate of two elements- disability element and service element- a confusion was created in filed formation of tax authorities , whether the disability element only is tax free and not the service element. CBDT , therefore , in order to wipe out any confusion , issued another instruction

F. No. 200/51/00-ITA-1 dt. 02.7.2001 to stress that both element of disability pension is tax exempt.
Read the instruction below :

[F. NO. 200/51/00-ITA-1 DT. 02.7.2001 FROM MINISTRY OF FINANCE DEPTT. OF REVENUE CENTRAL BOARD OF DIRECT TAXES, NEW DELHI.]

SUBJECT: EXEMPTION FROM INCOME TAX TO DISABILITY PENSION, I.E. ” DISABILITY ELEMENT” AND “SERVICE ELEMENT” OF A DISABLED OFFICER OF THE INDIAN ARMED FORCES- INSTRUCTIONS REGARDING.

REFERENCE HAVE BEEN RECEIVED IN THE BOARD REGARDING EXEMPTION FROM INCOME TAX TO DISABILITY PENSION, I.E. “DISABILITY ELEMENT” AND “SERVICE ELEMENT” OF A DISABLED OFFICER OF THE INDIAN ARMED FORCES.

2. IT APPEARS THAT FIELD FORMATIONS IN CERTAIN CASES ARE NOT UNIFORMLY ALLOWING DISABILITY, PENSION IN SPITE OF BOARD’S INSTRUCTION NO.136 DATED 14TH JANUARY, 970 (F.NO.34/3/68-IT(A.1)).

3. THE MATTER HAS BEEN RE-EXAMINED IN THE BOARD AND IT HAS BEEN DECIDED TO REITERATE THAT THE ENTIRE DISABILITY PENSION, I.E. ” DISABILITY ELEMENT” AND “SERVICE ELEMENT” OF A DISABLED OFFICER OF THE INDIAN ARMED FORCES CONTINUES TO BE EXEMPT FROM INCOME TAX.

4. THIS MAY BE BOUGHT TO THE NOTICE OF ALL THE OFFICERS WORKING UNDER YOU.
SD/- B.L. SAHU OFFICER ON SPECIAL DUTY (ITA .1)

No TDS on Disability Pension to Army Personnel
As it happens in India, everyone becomes the super authorities against the common man. The government received complaint that certain banks are deducting the tax on the disability pension .

So , government issued a press release that no TDS is required on the said disability pension paid to Armed Forces personnel.
Read below the excerpt. PRESS RELEASE, DATED 20-12-2007

IT HAS BEEN REPORTED IN THE PRESS THAT SOME BANKS WERE DEDUCTING TAX FROM PENSION OF DISABLED EX-SERVICEMEN IN VIOLATION OF GOVERNMENT INSTRUCTIONS.

RBI WAS REQUESTED TO HAVE THE MATTER INVESTIGATED AND REMEDIAL ACTION TAKEN. AFTER EXAMINATION, RBI DISCOVERED THAT IN ONE SPECIFIC INSTANCE, DUE TO OVERSIGHT, THE PENSIONER’S DISABILITY PENSION WAS WRONGLY TAKEN INTO ACCOUNT WHILE CALCULATING INCOME-TAX.

RBI HAS ISSUED INSTRUCTIONS TO ALL AGENCY BANKS TO STRICTLY ADHERE TO THE PROVISIONS OF PARA 88.3 OF DEFENCE PENSION PAYMENT INSTRUCTIONS, 2005, REGARDING EXEMPTION OF INCOME-TAX OF THE DISABILITY PENSION OF THE PENSIONERS OF ARMED FORCES.

BANKS HAVE BEEN ADVISED TO ISSUE SUITABLE INSTRUCTIONS TO ALL THEIR PENSION DISBURSING BRANCHES THAT INCOME-TAX SHOULD NOT BE DEDUCTED FROM THE DISABILITY PENSION PAID TO THE PENSIONERS OF THE ARMED FORCES.

Conclusion

The disability pension given to Armed Forces Personnel are having two components-disability element & service element. Both are tax free vide Ministry of Finance notification read with clarification from CBDT and also there can not eb any TDS as the amount is fully tax free.

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