CPAO

CPAO/IT&Tech/Simplification/11.Vol-VI/2017-18/2016

Dated: 12.03.2018

Subject: Payment of arrears accruing in respect of deceased pensioners/family pensioners to the nominee/legal heir.

On death of the pensioners/family pensioners, the pension account is closed by the bank and the balance amount in the account of pensioners/family pensioners is paid to the nominees/legal heirs. However, it is observed that the life time arrears arising subsequently on account of Pay Commission etc. are not paid to the nominees/legal heirs of the deceased pensioners/family pensioners either on account of fact that the pension/family pension is not revised by the concerned Pension Sanctioning Authority (PSA) or the amount of arrears of revised pension/family pension is not paid due to closure of the bank account. In such cases action is to be taken by the concerned Pay & Accounts Officer as per provision of para 7.5.6 of the Civil Accounts Manual (copy attached).

DP&PW vide its OM No. 1/22/2012-P&PW (E) dated 10th July, 2013 (copy enclosed) has clearly defined the procedure so that nominees/legal heirs of pensioners/family pensioners are not subjected to harassment in claiming the payment of arrears of pension.

In view of the above, all the Head of Offices/PAOs/CPPCs of banks are requested to comply with the procedure as mentioned in the above OM of DP&PW for speedy settlement of claims of pension arrears.

sd/-
(Md. Shahid Kamal Ansar)
(Asstt. Controller of Accounts)

Source: http://cpao.nic.in/

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“Revised tables indicating minimum guaranteed pension / ordinary family pension for Indian Commissioned Officers which is annexed with GOI, MOD letter No.1(11) 2012-D(Pen/ Policy) dated 17.01.2013, shall be effective with effect from 01.01.2006 instead of 24.09.2012. Pension Disbursing Authorities are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners/ family pensioners with effect from 01.01.2006 instead of 24.09.2012 and arrear of pension/ family pension will be paid”.

No 1(04)/2015(l)-D(Pen/Pol)
Government of India
Ministry of Defence
D(Pension/Policy)

New Delhi, Dated: 3rd September, 2015

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

Subject-Revision of pension of pre-2006 Commissioned Officer pensioners/ family pensioners.

The undersigned is directed to refer to this Ministry’s letter No, 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended, issued in implementation of government decision on the recommendations of the Sixth CPC for revision of pension/ family pension in respect of Pre-2006 Armed Forces pensioner/family pensioners. As per provisions contained in Para 5 therein, with effect from 01.01.2006 revised pension and revised ordinary family pension of all pre-2006 Armed Forces pensioners/ family pensions determined in terms of fitment formula laid down in Para 4.1 above said letter dated 11.11.2008, shall in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged/ invalided out/died including Military Service Pay where applicable.

2. The above minimum guaranteed pension was revised,vide GOI. MOD letter No. 1(11)/ 2012/D(Pen/Pol) dated 17.01.2013 with effect from 24,09,2012, at the rate of minimum of fitment table for the Rank in the revised pay band as indicated under fitment table annexed with SAI 2/S/2008 and SA]. 4/S/2008 as amended, plus Grade pay corresponding to the pre-revised scale from which the pensioner had retired / discharged/ invalided out/died including Military Service Pay.

3. Now, after issue of GOI, Ministry of Personnel. PG & Pensioners, Department of Pension & Pension Welfare OM No. 38/37/08-P & PW (A) dated 30.07.2015, it has been decided that the pension/family pension of all pre.2006 pensioners/family pensioners may be revised in accordance with Para 2 with effect from 01.01.2006 instead of 24.09.2012.

4. In case the consolidated pension/family pension calculated as per Para 4.1 of this Ministry’s letter No. 17(4)/2008(1)/O(Pen/Pol) dated 11.11.2008 is higher than the pension/ family pension calculated in the manner indicated above, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/ family pension.

5. Accordingly, revised tables indicating minimum guaranteed pension / ordinary family pension for Indian Commissioned Officers which is annexed with GOI, MOD letter No.1(11) 2012-D(Pen/ Policy) dated 17.01.2013, shall be effective with effect from 01.01.2006 instead of 24.09.2012. Pension Disbursing Authorities are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners/ family pensioners with effect from 01.01.2006 instead of 24.09.2012 and arrear of pension/ family pension will be paid.

6. All other terms and conditions shall remain unchanged.

7. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be allowed from 01.01.2006 to 23.09.2012.

8. This issues with concurrence of Finance Division of this Ministry vide their ID No. 22(5)/2015/Fin/Pen dated 25.08.2015 and Ministry of. Finance, Department of expenditure vide their ID No. 1(12)/EV/2015 dated 2.9.2015.

9. Hindi version will follow.

sd/-

R. K. Arora
Under Secretary to the Government of India

Original Order

Authority: www.desw.gov.in

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Clarification by Major Navdeep on his blog Indianmilitary.info:-

Chain mails are floating referring to a circular issued by the PCDA(P) stating that the MoD has issued orders concerning the implementation of the decision of the Supreme Court regarding grant of arrears from 01-01-2006 rather than 24-09-2012. Click here for PCDA Circular C-144 dated 14-08-2015

The news is incorrect.

The said circular only concerns defence civilian pensioners based on the letter issued for civilian pensioners by the Department of Pension and Pensioners’’ Welfare (DoPPW). It may kindly be understood that the PCDA(P) has no authority to issue circulars on its own till the time the MoD issues a Government letter to the said effect.

However, the good news is that the MoD is also working on the same and the letter should be out soon. Some added time after the issuance of the DoPPW letter was expected to be taken by the MoD since there are certain additional issues to be addressed by the MoD over and above the ones in the DoPPW letter and a mutatis-mutandis letter could not have been issued.

For example, the MoD is to add the Military Service Pay (MSP) also in addition to the elements in the civil letter and then unlike civil pensioners, separate tables would have to be ultimately prepared by the Defence Accounts Department for various ranks and different categories which are not applicable on the civil side.

Moreover, the benefit of the upward revision would be differently applied to ranks other than Commissioned Officers since they had been granted pensions based on the maximum of 5th CPC scales fitted into the 6th CPC pay bands with effect from 01-07-2009 while officers and all civil employees were granted pensions based on minimum of pay of the pay bands. The comprehensive letter alongwith comprehensive tables would definitely be issued in due course and we would have to be a little patient about the same.

Source: www.staffnews.in

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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.(S). 8875-8876 OF 2011

UNION OF INDIA & ORS. Appellant(s)
VERSUS
VINOD KUMAR JAIN & ORS. Respondent(s)

WITH

C.A. No.1998 of 2012,
C.A.No.3564 of 2012,
C.A.No.3907 of 2012,
C.A.No.4581 of 2012,
C.A.No.4952 of 2012,
C.A.No.4980 of 2012,
C.A.No.4599 of 2013,
C.A.No.1 of 2015

AND

SLP(C)Nos.36148-36150 of 2013,
SLP(C)No.16780-16782 of 2014 &
SLP(C)No……… of 2015 (CC Nos.16903-16904)
O R D E R
Heard.

Delay condoned.

C.A.Nos.8875-76 of 2011, C.A. No.1998 of 2012, C.A.No.3564 of 2012, C.A.No.3907 of 2012, C.A.No.4581 of 2012, C.A.No.4952 of 2012, C.A.No.4980 of 2012:

We see no reason to interfere with the orders impugned.

The civil appeals are accordingly dismissed.
C.A.No.4599 of 2013, C.A.No.1 of 2015 :

No substantial question of law of general/public importance arises for our consideration in these applications for leave to appeal.

The prayer for leave to appeal is accordingly declined and the applications for leave to appeal dismissed.

SLP(C)Nos.36148-36150 of 2013
SLP(C)No.16780-16782 of 2014 &
SLP(C)Nos………..of 2015 (CC Nos.16903-16904):

We see no reason to interfere with the orders impugned.

The special leave petitions are accordingly dismissed.

Ms. Pinky Anand, learned Additional Solicitor General,

however submits that in view of the nature of the controversy as also the extent of financial burden arising out of the implementation of the impugned orders, the petitioners-U.O.I.

may be given reasonable time to do the needful. That prayer is not opposed by counsel opposite.

We accordingly grant four months’ time from today to the petitioners to comply with the impugned orders failing which the contempt petitions pending before the Tribunal can be revived by the concerned petitioners and taken to their logical conclusion.

All impleading and intervention applications are also dismissed.

…………………..J
(T.S. THAKUR)

…………………..J
(R. BANUMATHI)

NEW DELHI
DATED 17th March, 2015.

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The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide this Department’s OM No.38/37/08-P&PW (A) dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.

The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees.

A Writ Petition was filed in the Hon’ble High Court of Delhi challenging the above mentioned order. In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India.
This SLP came up for hearing recently on 29.7.2013 before the Hon. Supreme Court and has been dismissed.
The above information submitted by Min of Personnel, Public Grievances & Pensions in reply of undermentioned Lok Sabha Question:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED  QUESTION NO 670
ANSWERED ON   07.08.2013

DELAY IN PAYMENT OF ARREARS TO PENSIONERS
670 . Shri VILAS BABURAO MUTTEMWAR
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS  be pleased to state:-
(a)  the reasons for inordinate delay in implementation of Hon`ble High Court`s order to give effect to the payment of arrears w.e.f. 01.01.2006 to pensioners retired before 2006;
(b) whether the Government have received representations from employees organizations and other bodies in this regard; and
(c) if so, the details thereof and the reaction of the Government on the representations?
ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)
(a) to (c): *** see above ***

Source: Lok Sabha Q&A

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The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees.

A Writ Petition was filed in the Hon’ble High Court of Delhi challenging the above mentioned order. In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India.

This SLP came up for hearing recently on 29.7.2013 before the Hon. Supreme Court and has been dismissed.

The above information submitted by Min of Personnel, Public Grievances & Pensions in reply of undermentioned Lok Sabha Question:-

UNSTARRED QUESTION NO 670

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Press Information Bureau
Government of India
Ministry of Personnel, Public Grievances & Pensions

23-July, 2013 17:18 IST

Payment of Arrears of family pension

In case of death of a pensioner, all money payable to the pensioner on account of pension are payable to the nominee of the deceased pensioner. In the absence of any valid nomination made by the pensioner, the arrears of his/her pension are paid to the legal heir. However, dependents of some pensioners expressed difficulties in obtaining the legal heir-ship certificates and represented that the necessity of production of legal heir-ship certificates may be waived where the amount of arrears payable is small.

In such cases a provision had been made in 1985 for Payment of Lifetime Arrears of Pension on the basis of any documentary proof regarding the relationship and heir-ship of the claimant if the gross amount of arrears does not exceed Rs.25,000. If the gross amount did not exceed Rs.5,000 and case represented no peculiar features, the Accounts Officer was authorized to make the payment on his own authority.

The Government has further looked into the matter and decided to increase the limits of Rs.5000 and Rs.25000 to Rs.50,000 and Rs.2,50,000 respectively.

At present in the event of death of a family pensioner, the right to receive any arrears of family pension automatically passes on to the eligible member of the family next in line. Where there is no member in the family who is eligible to receive family pension after the death of the family pensioner, the payment of arrears of family pension is made on the basis of succession certificate. Now, it has also been decided that the payment of arrears of family pension up to Rs.2,50,000 may be made where no member of family is eligible to receive family pension.

Detailed instructions  available at www.persmin.nic.in under Department of Pension & Pensioners’ Welfare’s category

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One Rank One Pension Circular No. 512 by PCDA – Implementation of Government decision on the recommendations of the Committee Secretaries 2012 on the issues related to Defence Service Personnel and Ex-Servicemen- Improvement in Pension of JCO/ ORs Armed Forces retired/ discharged/ invalided out of service prior to 01.01.2006.

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSION)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 512

Dated: 26.06.2013

Subject: Implementation of Government decision on the recommendations of the Committee Secretaries 2012 on the issues related to Defence Service Personnel and Ex-Servicemen- Improvement in Pension of JCO/ ORs Armed Forces retired/ discharged/ invalided out of service prior to 01.01.2006.

Reference: This office Circular No. 501 and 502 dated 17.01.2013.

PDAs are aware that as per this Office circular cited under reference, service pension in respect of JCOs/ORs discharged with qualifying service of 15 years and more will be revised by PDAs with reference to qualifying service, rank and group last held by the individuals as per tables attached with above cited circular.

It has been observed that various PDAs feel difficulties while revising pension w.e.f 24.09.2012 .Accordingly clarification on some of major problems are given as under –

1. Terms of engagement –

The Maximum terms of engagement of various rank of all services are prescribed as Appendix X to the above cited circular. The term of engagement of various ranks have been changed from 1.12.76 and 30.05.1998.  Due to clerical mistake “from 01/12/1976” has been mentioned as “from 1.1.73” in above cited circular which should be amended to that extends i.e. in place of 1.1.73 read 1.12.76. Further, Terms of engagement of Seamen I and Leading Seamen as shown “from 1.04.85” will be “from 01.06.1953”. Exception periods are “emergency period” and applicable to those armed Force personnel who were retained in service compulsory beyond their terms of engagement during emergency.

2. Re-grouping of Group-

Groups for all ranks of PBOR have been introduced w.e.f. 01/06/1953. Initially there were 8 groups i.e. A, B, C, D, E, F,G and H. These pay groups were regrouped in 5 (i.e. A, B, C, D,E) w.e.f. 01/01/1973 which was further regrouped in 3 groups (X, Y & Z) w.e.f. 10/10/1997. It has been clarified that eight groups have been regrouped in five groups from 1.1.73 and further reduced to three groups from 10.10.1997 are as follows-

    3. Equivalent rank of three Armed Force-

The Equivalent rank of three services are shown Appendix Y to the circular no 501 dated 17.01.2013.some of PDAs queried about equivalent rank of Atrificer III -I in Navy It is hereby clarified that Atrificer III -I rank have Grade pay of 3400/- ,therefore, no equivalent rank in Army/Air Force exists.

It is also clarified that Mechnician and Artificer are equivalent rank in Navy. In this office circular No. 501 only Art III to I and Chief Art has been mentioned in table No. 13 (Navy). The Service pension of Mech III-I and Chief mechnician may also to be revised as for Art III-I and Chief Artificer respectively.

    4. Rounding of Qualifying Service –

while calculating the length of qualifying service for the pensionary benefits, a fraction of a year equal to 3 months and above is treated as one half (1/2) year period and nine months or more but less than a year is treated as a completed one year for determining the amount of pension w.e.f. 28/06/1983. Prior to 28/06/1983 the broken period of service of 180 days or more was treated as ½ years w.e.f. 22/04/1960. In view of above, if Q.S has been mentioned as 17 years 10 months in PPO/ Corr PPO then it should be rounded upto 18 year, 17.5 years and 17 years for post 28.06.1983 retirees, pre-28.6.83 but post 22.04.60 retirees and pre-22.04.60 retirees respectively.

    5. Seeking Information:

It is also informed that all Annexure ‘A’ of circular 501 may send to OI/C Sangam Cell through E-mail address cda_albd@nic.in of this office on soft copy in single excel sheet along with hard copy and Annexure ‘B’ of circular No. 501 only beneficial case as per this office circular No. 509 dated 16/04/2013 sent to OI/C RP Cell in Hard copy. It is also intimated that if corr. PPO has been issued wef 1.7.2009 then need not to refer such case to this office on Annexure ‘B’ as this office issues suo-moto corr. PPO in these cases.

6. Revision of Family Pension:

It is also come to notice that during revision of family pension in terms of this office circular No. 502 dt. 17.01.2013, there may be some cases where some information regarding Q.S. and group is not available at your end. These cases may be referred to this office on all Annexure ‘B’ for wanting information. It is also informed that Annexure ‘B’ may be sent to OIC of Sangam Cell through E-mail address cda_alda@nic.in of this office on Soft copy in single excel sheet along with hard copy. It is hereby also clarified that pending receipt of clarification/ information from this office family pension may be received as an interim measure at the rate of minimum guaranteed rate prescribed under this office circular No. 510 dt. 16.04.2013 and if group is also not available then family pension may be revised for lowest group for the rank.

It is therefore, advised that above points may be kept in mind while regulating cases. The payment of pension may be regulated at the existing rates earliest if the same has not been done earlier.

No. Grants/Tech/0167-XIV
Dated: 26/06/2013

(G K Baranwal)
ACDA (P)

Source: www.pcdapension.nic.in
[http://pcdapension.nic.in/6cpc/Circular-512.pdf]

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No.1/22/2012-P&PW (E)

Government of India
Ministry of Personnel, P.G. and Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi – 110003.
Dated the 10th July, 2013

OFFICE MEMORANDUM

Sub:- (i) Payment of arrears of pension in cases where valid nomination has not been made under the Payment of Arrears of Pension (Nomination) Rules, 1983;

    (ii) payment of arrears of family pension — reg.

Attention is invited to the Payment of Arrears of Pension (Nomination) Rules. 1983 which provide that after the death of the pensioner, all moneys payable to the pensioner on account of pension will be paid to the nominee of the deceased pensioner. In the absence of any nomination made by the pensioner, the arrears of his/her pension are paid to the legal heir as per the procedure indicated in para 4 of part A of annexure to Ministry of Finance OM No.1 (3)-E.V/83, dated 11.10.1983. However, dependents of some pensioners expressed difficulties in obtaining the legal heir-ship certificates and represented that the necessity of production of legal heir-ship certificates may be waived where the amount of arrears payable is small.

2. The matter had been examined in Ministry of Finance, D/o Expenditure vide OM dated 04/06/1985 and it was decided that in case where a valid nomination does not exist under the Payment of Arrears of Pension (Nomination) Rules, 1983 and the dependent of pensioner is unable to produce the legal heir-ship certificate, the Payment of Lifetime Arrears of Pension accruing to the deceased pensioner may be authorized on the basis of any documentary proof regarding the relationship and heir-ship of the claimant if the gross amount of arrear does not exceed Rupees 25,000. In such cases, if the gross amount did not exceed Rupees 5,000 and case represented no peculiar features, the accounts officer was authorised to make the payment on his own authority.

3. The Government has further looked into the matter and decided to incrence the limits of Rupees 5000 and 25000 as indicated in Department of Expenditure OM, dated 4.6.85 to Rupees 50,000 and 2,50,000 respectively. The conditions and the procedure of payment as indicated in Department of Expenditure OM, dated 22.10.1983 and 04.06.1985 will remainthe same, which are reiterated hereunder.

4 The Pension Disbursing Authority (PDA) may receive application along with any documentary proof regarding the relationship and heir-ship of the claimant, in case the claimant is the recipient of fmily pension, the disbursing Officer will verify the identity of the claimant with reference to the disburser’s half as well as pensioner’s half of the PPO and give a certificate of having done so. PDA will duly attest the documents received from the applicant and forward these along with the application to the Accounts Officer. The Accounts Officer, on receipt of application along with a copy of PPO of the pensioner and other documents from the PDA, will calculate the amount of arrears and issue necessary authority for payment of Life-time arrears to the disbursing authority if the case does not present any peculiar features and the amount does not exceed Rs.50,000. In case the amount exceeds Rupees 50,000 hut does not exceed Rupees 2,50,000, the Accounts Officer will obtain the orders of the Head of Department or Administrator or the CAO in the case of pensioners from Indian Audit & Accounts Department or any Officer of that Department declared as an HOD. Payment will be made on execution of a duly stamped indemnity bond in Form T.R. 14/G.A.R. 26, with such sureties as necessary in terms of para 7 below. In case of any doubt and also in cases where the amount of arrears exceeds Rupees 2,50,000, payments shall be authorized to be made only to the persons producing the legal authority.

5. This department’s OM No. 43/4/95-P&PW(G), dated 30.10.1995 stipulates that in the event of death of a family pensioner, the right to receive any arrears of family pension would automatically pass on to the eligible member of the family next in line. The requirement of succession certificate for payment of any arrears occurs only where there is no member in the family who is eligible to receive family pension after the death of the family pensioner. Therefore, it has been decided that the provisions of this office memorandum will also apply to the payment of arrears of family pension where no member of family is eligible to receive family pension.

6. The Head of Department here means the Head of Department as defined in rule 2 (xvi) of the General Financial Rules, 2005. However, in order to ensure that the citizens do not have to face unnecessary hardships, it has been decided that in the case of field establishments, the Administrative Ministries/Departments may delegate the power of head of Department to the Head of Office in the rank of Deputy Secretary/Director, if felt necessary by them. It is also clarified that this OM will cover all such past cases.

7. Normally, there should be two sureties, both of known financial stability. However, in case the amount of claim is less than Rs.75,000/, the authority accepting the indemnity bond for and on behalf the President of India should decide on the merits of each case whether to accept only one surety instead of two. The obligor as well as the sureties executing the indemnity bond should have attained majority so that the bond has legal effect or force. The bond is required to be accepted on behalf of the President by an officer duly authorised under Article 299(1) of the Constitution.

8. These orders will not be applicable in cases where a valid nomination exists under the Payment of Arrears of Pension (Nomination) Rules, 1983. In such cases, the payment of arrears will be authorised to be made to the nominee (s).

9. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

10. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID Note No.568/E.V/2013, dated 28th June, 2013 and O/o Controller General of Accounts vide their ID No. 1(7)/TA-III/2011-12/Miscl/116, dated 13.02.2013.

sd/-
(Sujasha Choudhury)
Deputy Secretary to the Govt. of India

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/PPWE_100713.pdf

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