Implementation of Honourable Supreme Court Order dated 27.09.2018 in respect of grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964. Dated 22.10.2018.

No.4(10)/2017-D(Pen/Legal)
Government of India
Ministry of India
Department of Ex-Servicemen Welfare
D(Pension/Legal)

Sena Bhawan, New Dehi
Dated 22.10.2018

To
The Chief the Naval Staff

Subject: Implementation of Hon’ble Supreme Court Order dated 27.09.2018 in Contempt No.1860/2017 and 924/2018 and MA No. 1067/2018 in Civil Appeal No.2147/2011 with Contempt Petition (C) No.04/2018 in SLP(C) No.19790/2010 for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964.

Sir,
I am directed to refer the cited Hon’ble Supreme Court Order dated 27.09.2018 and convey sanction of the Competent Authority for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964 to the ex-sailors appointed prior to 03.07.1976 and discharged on or after 03.07.1976 on expiry of 10 years of service.

2. The amount of pension payable is Rs.9000 (Rupees Nine thousand) per month to each of the ex-sailors under Regulation 95 Navy (Pension) Regulations, 1964, payable September 2018 as per the Court Order under reference.

3. The amount of gratuity and DCRG paid, be adjusted the amount payable. Necessary PPO may be issued immediately.

4. The expenditure incurred on this account will be paid under Charged Expenditure and be debited to the relevant Head of Account.

5. This issues with concurrence of Ministry Defence vide their U.O. No. 1023/Fin/Pen Dated 17.10.2018.

6. Govt of India, Ministry of Defence letter No. 4(10)/2017-D (Pen/Legal) dated 26th September, 2017 may be treated as cancelled.

Yours faithfully,
sd/-
(Ajay Kumar Agrawal)
Under Secretary to the Govt of India

View order

Source: http://www.desw.gov.in

The post Implementation of Hon’ble Supreme Court Order dated 27.09.2018 in Contempt No.1860/2017 and 924/2018 and MA No. 1067/2018 in Civil Appeal No.2147/2011 with Contempt Petition (C) No.04/2018 in SLP(C) No.19790/2010 for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

EXAMPLES (JCOs/ORs)

(Reference – Para 15 of MoD letter No 17 (01)/2017(02)/D(Pen/Policy) dated 5th September 2017)

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No. 17(01)/2017(01)/D(Pension/Policy)

Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi, Dated 4th September, 2017

To

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject : Implementation of Government’s decision on the recommendations of the 7th Central Pay Commission (CPC) – Revision of pension of pro-1.1.2016 Defence Forces pensioners/ family pensioners etc.

Sir,

The undersigned is directed to refer to this Ministry’s letter No. 17(01)/2016 D(Pen/Pol) dated 29th October 2016 for revision of pension of pre-2016 Defence Forces pensioners/ family pensioners in implementation of the Government decisions on the recommendations of the 7th CPC. As per para 9 of this Ministry’s said order dated 29th October 2016 the revision of disability element of disability pension was held in abeyance pending decision of National Anomaly Committee to whom matter was referred by MoD to decide methodology for calculation of disability element of disability pension under 7th CPC. The National Anomaly Committee has recommended that parity with Civilians for grant of Disability element which was granted to Defence Forces under 6th CPC, shall be maintained.

2. The recommendations of the National Anomaly Committee have been considered by the Government. In partial modification of Ministry’s order dated 29th October 2016, the President is now pleased to decide that Disability element of disability pension for Defence Forces Pensioners shall also be revised by multiplying the existing rate of disability element as had been drawn on 31.12.2015 by factor of 2.57 to arrive at revised rate of disability element as on 1.1.2016. The amount of revised disability element so arrived shall be round-ed off to next higher rupee.

3. Para 13 of this Ministry’s above quoted letter dated 29.10.2016 regarding “Ex-gratia awards to Cadets in cases of disablement” shall be replaced with the following:

13. EX-GRATIA AWARDS TO CADET (DIRECT) The ex-gratia award payable to Cadet (Direct)/ NoKs in cases of disablement / death shall be payable subject to the same conditions as hitherto in force in the event of invalidment on medical ground / death of a Cadet (Direct) due to causes attributable to or aggravated by military training

(i) Monthly Ex-gratia amount of Rs 9,000/- per month

(ii) In cases of disablement, Ex-gratia disability award @ Rs 16,200/- per month shall be payable in addition for 100% of disability during period of disablement subject to prorata reduction in case the degree of disablement is less than 100%. “No ex-gratia disability award shall be payable in cases where the degree of disablement is less than 20%.”

4. The dearness relief sanctioned by the Government from 1.1.2016 and thereafter, shall also be paid on rates of disability element and monthly ex-gratia award to Cadet(Direct), revised in accordance with the provision of this letter.

5. Vide para 10(ii) of MOD order dated 29.10.2016, it was ordered to pay the Constant Attendance Allowance(CAA) at the existing rate since matter regarding grant of Allowances was under examination by the Committee on Allowances (CoA). in this regard, Ministry of Finance vide Resolution dated 6th July 2017 (Appendix II item 37 has accepted the recommendation of 7th CPC to enhance the existing Constant Attendance Allowance @ 4500/ p.m. by 50%. DoP&PW vide O.M No. 1/4/2017-P&PW(F) dated 2.8.2017 has issued orders in this-regard for civilian pensioners. Accordingly, for Armed Forces personnel the Constant Attendant Allowance shall continue to be admissible under the condition as hitherto fore at the existing rate from 1.1.2016 to 30.06.2017. However, it shall now be admissible at the enhanced uniform rate of Rs. 6750/- per month, irrespective of the rank with effect from 1.7.2017.

6. With reference to the provisions contained in Para 5.4 of this Ministry’s letter dated 29th October, 2016, it is further clarified that the maximum ceiling shall be applicable only in the case of Service/Retiring Pension, Service element of Disability/ liberalized disability /War Injury Pension and Ordinary family Pension. The said ceiling is not applicable in the cases of Disability/ Liberalised Disability/ War injury element. Special Family/ Liberalized Family Pension etc. applicable under casualty pensionary awards.

7. The provisions of this Ministry’s letter dated 29th October 2016, which are not affected by the provisions of this letter, shall remain unchanged.

8. The provisions of this letter shall take effect from 1.1.2016

9. This issues with the concurrence of Finance Division of this Ministry their U.O. No. Part File (1) to (30)(01)/2016/Fin/Pen dated 14th August 2017.

10. Hindi version will follow.

Yours faithfully,

(Manoj Sinha)
Under Secretary to the Government of India

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No. 14(02)/2011-D(Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi
Dated 20th June 2017

To,
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject : Condonation of deficiency in service for grant of 2nd service pension in respect of DSC (Defence Security Corps) personnel.

Condonation of deficiency in service for eligibility of service pension has been mentioned in Rule 125 of Pension Regulation Part-l 1961 (Rule 44 of Pension Regulation Part-I 2008). This rule is applicable in all cases except the case mentioned under the Rule125 of Pension Regulation Part-l 1961 (Rule 44 of Pension Regulation Part-l 2008). Deficiency in service for eligibility of Service pension or Reservist pension or Gratuity in lieu may be condoned by competent authority up to 12 month as mentioned in GoI, MoD letter No. 4684/DlR(PEN)/2001 dated 14th August 2001.

2. Representations of the ex-servicemen who have been granted Service pension from Army side and re-employed in DSC are received for condonation of deficiency in service for the 2nd service pension from DSC. The matter has been examined and decided that condonation of deficiency in qualifying service is to be

accorded on merit and in the deserving cases to make individual eligible for at least one service pension. Condonation of deficiency in qualifying service for grant of 2nd service pension in respect of DSC personnel has no merit.

3. It is conveyed that the intention behind condonation of deficiency in service for grant of service pension is that the individual must not be left high & dry but should be made eligible for at least one service pension in View of above, it is clarified that no condonation shall be allowed for grant of second service pension.

4. The Pension Regulation for the Army shall stand amended by inserting item “(iv) an individual who is eligible for 2nd service pension for the service rendered by individual in respect of DSC” below Regulation 44 of Pension Regulation for the Army PM (2008).

5. All other terms and conditions shall remain unchanged.

6. This issues with the concurrence of Finance Division of this Ministry vide their ID No 10(16)/2016/FlN/PEN dated 26/08/2016

7. Hindi version will follow.

Yours faithfully,
sd/-

(K.T. Lepcha)
Under Secretary to the Government of India

Source: www.desw.gov.in [PDF]

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No.4(5)/D(Res-II)/2017
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

Room No.237, ‘B’ Wing,
Sena Bhawan, New Delhi-110011.
dated the 08th June, 2017

Subject: Revision of rate of Penury Grant funded out of Armed Forces Flag Day Fund (AFFDF).

It has been decided with the approval of the competent authority to enhance the rate of Penury Grant to the non-pensioner Ex-Servicemen/Widows (above 65 years of age) under the Scheme of Raksha Mantri Ex-Servicemen Welfare Fund (funded out of Armed Forces Flag Day Fund) from Rs.l,000/- per month per beneficiary to Rs.4,0.00/- per month per beneficiary.

2. The revised rate will come into force with effect from 1st April, 2017.

(Santosh)
Joint Secretary to Government of India
Tele: 230145772

Secretary (KSB), KSB,
West Block-IV, R.K. Puram,
New Delhi-1110066.

Press Note:
Penury Grant to Non-Pensioner Ex-Servicemen/Widows Enhanced

Copy to:
Director,Rajya Sainik Board
All States/UTS.

A Copy for information to:

l. Adjutant General, Q of MoD (Army),South Block, New Delhi.

2. Chief of Personnel (CoP), IHQ of MOD (Navy), Sena Bawan, New Delhi.

3. Air Officer In-charge (Personnel), Air Hqtrs, Vayu Bhawan, New Delhi.

4. Lt. Gen (Dr.) Balbir Singh, President, Indian, Ex-Servicemen League(IESL), Nayaya Marg, Chanakyapuri, New Delhi-110021

5 . Air; Marshal (Retd) T.S. Radhawa, Senior Vice President, Air Force Association, Air Force Station, Race Course, New Delhi-l 10 003.

6. Capt. N.K. Mahajan, President, Disabled War Veterans, C-6-18/1, Safdarjung Development Area (Behind Haus Khas Telephone Exchange) New Delhi-110016.

7. Director General Resettlement, West Block-IV, R.K. Puram, New Delhi – 110066.

8. MD, ECHS,Central Organizatiion, ECHS, AG’s Branch, IHQ of MoD (Army), Mode Lines, Delhi Cantt, 1150010.

9. ADG (Media), Ministry of Defence alongwith copy of Press Note.

10. PS to Hon’ble RM/RRM;

11. PPS to Secretary, ESW.

Click here to download the Original Order from DESW Website

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DESW Order No. 17(01)/2016-D(Pen/Pol) Dated on 29.10.2016, Annexure-A (Refer Para 5.1)

Illustrations:

(i) Pensioner ‘A’ retired as Col. (T8) at last pay drawn of Rs. 48730/- plus Grade pay Rs. 8700/- plus MSP Rs. 6000/- on 30.9.2009 under the 6Ih CPC regime in Pay Band-IV.

(ii) Pensioner ‘B’ retired as Havildar Group ’E’ at last pay drawn of Rs. 13307- on 30.6.1994 under the 4th CPC regime in the Pay Scale of Rs. 1020-2541270-30-1420: 

(iii) Family pensioner ’C’ of capt with qualifying service of 20 years 06 months (Post 2006) 

(iv) Family pensioner ’D’ of Lt. Col with qualifying service of 25 years 07 month(Post 2006)

(v) Pensioner ‘E’ retired as Lt. Col with qualifying service of 20 year 06 month and basic pay of Rs. 49260, MSP Rs. 6000 and Grade pay Rs. 8000. His disability is 30% (Post 2006):

Authority: http://www.desw.gov.in/

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No. 16(01)/2012-D (Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-servicemen Welfare

New Delhi, the 23rd March, 2015

The Chief of the Army Staff,
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: – Grant of Service element to pre-30.08.2006 released Non Regular Officers in Aggravation cases.

Sir,
The undersigned is directed to refer to Para-2 of this Ministry’s letter No. 1(9)/2006-D(Pen-C) dated 30.08.2006 in which the benefit of service element of disability pension in respect of non-regular officers in aggravation case was allowed only to those who retired on or after the date of issue of letter i.e. 30.08.2006 and past cases were not to be re-opened.

2. In partial modification of above provision, the President is now pleased to decide that in the case of aggravation too, service element of disability pension in respect of non-regular officers would be calculated after taking into account the full commissioned service rendered by them as calculated in the case of Regular Commissioned Officers. As such, they would also be allowed the benefit of revision with effect from 30th August 2006 as allowed to attributable cases as per Government letter under reference. Para 2 of the said letter may be deemed to have been amended to this extent.

3. Terminal gratuity already paid shall be refunded as per existing orders.

4. All other conditions of the impugned letter remain unchanged.

5. This issues with the concurrence of the Finance Division of this Ministry vide their ID Note No. 10(10)/2012-Fin/Pen dated 07th October 2014.

6. Hindi version will follow.

Yours faithfully,

(Prem Parkash)
Under Secretary to the Government of India

Source: http://www.desw.gov.in/

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