F.No.19/2/2018-Estt (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated: 3rd February, 2021

OFFICE MEMORANDUM

Subject: References/ Representations/ Court cases for granting notional increment for pensionary benefits in pursuance of the judgement dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs Union of India & Ors-regarding.

The undersigned is directed to refer to references/ representations/ court cases/ VIP references, received in this Department in large numbers on the issue of granting notional increment for pensionary benefits to those Central government servants who have retired on 30th June/ 31st December of a year, in pursuance of the judgement dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs Union of India & Ors.

2. The issue has been examined in this Department in consultation with Department of Legal Affairs and it has been observed that the judgement dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No.15732 of 2017 in the case of P. Ayyamperumal Vs Union of India & Ors. is ‘inpersonam’ in nature. A brief note reflecting the Government’s stand on this issue is attached as Annexure-1.

Madras High Court Order – Notional increment of pensionary benefits

3. Further, it is also mentioned that in a similar case, the Hon ‘ble Supreme Court, vide judgment dated 29.03.2019 (copy enclosed as Annexure-11) , while dismissing the SLP (C) Dy. No.6468/ 2019 filed by D/ o Telecommunications against the judgment dated 03.05.2017 of Hon’ble High Court, Lucknow Bench in WP No.484 / 2010 in the matter of UOI & Ors. Vs. Sakha Ram Tripathy & Ors., has, inter alia, observed the following:

“There is delay of 566 days in filing the special leave petition. We do not see any reason to condone the delay. The Special leave petition is dismissed on delay, keeping all the questions of law open.”

4. Since the question of law is open and not yet decided, decision for implementation of the judgement dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in Shri P. Ayyamperumal case, in rem has not been taken.

5. Accordingly, all Ministries/ Departments are, therefore, advised to dispose of all pending grievances seeking notional increment for pensionary benefits and also to defend the various pending Court Cases in this matter.

6. In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India.

7. Hindi Version will follow.

(Murali Bhavaraju)
Deputy Secretary to the Government of India

Annexure-1

Note on the issue of granting a notional increment for pensionary benefits in pursuance of the judgment dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs Union of India & Ors.

Hon’ble High Court of Madras, vide Order dated 15.09.2017, allowed the W.P. No. 15732 of 2017 filed by Shri P. Ayyamperumal relying upon its earlier judgment dated 20.09.2012 in W.P. No. 8440 of 2011 M. Balasubramaniam Vs State of Tamil Nadu. The said case referred by Hon’ble High Court in the said judgement is related to the Fundamental Rules of Tamil Nadu Government whereas the case of petitioner Shri P. Ayyamperumal relates to Central Government Rules. As per the provisions under the Tamil Nadu Fundamental Rule 26(a), the annual increments of the Govt. Servants are regulated in four quarters viz. 1st January, 1st April, 1st July and 1st October. For the Central Government, the increment accrues annually on 1st July only (6th CPC scenario) [now 1st July and 1st January in 7th CPC scenario]. Hence, argument of petitioner is devoid of merits.

2. In light of the relevant provisions of the Fundamental Rules like 9 (21), 9(6), 17(1), 22, 26(a) and 56(a), as also the provisions of CCS (RP) Rules, 2008, a person appointed as a Government servant is entitled to pay, and is also entitled to draw the annual increment as long as such Government servant discharges duties of the post. However, such Government servant may not be entitled to draw the pay and allowances attached to the post as soon as he ceases to discharge those duties. In other words, as per F.R. 17 read with F.Rs. 24 and 26, annual increment is given to a Government servant to enable him to discharge duty and draw pay and allowances attached to the post. If such Government servant ceases to discharge duties by any reason say, by reason of attainment of age of superannuation, he will not be entitled to draw pay and allowances. Such an employee would not be entitled to any increment if it falls due after the date of retirement, be it on the next day of retirement or sometime thereafter. An employee must satisfy not only the condition of becoming entitled for increment, but also should continue to be on duty as a Government servant on the due date {1st July/ 1st January) to avail the increment.

3. Further, in a similar matter, Hon’ble High Court of Andhra Pradesh at Hyderabad, in the year 2005, in the C. Subbarao case, has, inter alia, observed as under:

“In support of the above observations, the Division Bench also placed reliance on Banerjee case (supra). We are afraid, the Division Bench was not correct in coming to the conclusion that being a reward for unblemished past service, Government servant retiring on the last day of the month would also be entitled for increment even after such increment is due after retirement. We have already made reference to all Rules governing the situation. There is no warrant to come to such conclusion. Increment is given (See Article 43 of CS Regulations) as a periodical rise to a Government employee for the good behavior in the service. Such increment is possible only when the appointment is “Progressive Appointment” and it is not a universal rule. Further, as per Rule 14 of the Pension Rules, a person is entitled for pa y, increment and other allowances only when he is entitled to receive pay from out of Consolid ated Fund of India and continues to be in Government service. A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter (See Article 151 of CS Regulations}, because he would not answer the tests in these Rules. Reliance placed on Banerjee case (supra) is also in our considered opinion not correct because as observed by us, Banerjee case (supra) does not deal with increment, but deals with enhancement of DA by the Central Government to pensioners. Therefore, we are not able to accept the view taken by the Division Bench. We accordingly, overrule the jud gment in Malakondalah case (supra).”

4. In addition, subsequent to the judgment of Hon’ble High Court of Madras in the P. Ayyamperumal case, Hon’ble CAT Madras Bench vide its Orders dated 19.03.2019 in O.A.No.310/ 00309/ 2019 and O.A. No.310/ 00312/ 2019 and Order dated 27.03.2019 in 0.A. No.310/ 00026/ 2019 has also dismissed similar requests related with notional increment for pensionary benefits.

Source: DoPT

The post Court cases for granting notional increment for pensionary benefits in pursuance of the judgement dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs Union of India appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Central Pension Accounting office (CPAO)
Ministry of Finance, Department of Expenditure
Trikoot-II, Bhikaji Cama place-110066

All Central Civil Pensioners are informed that the Central pension
Accounting office is going to organize a Pension Adalat, which will be held on 28th Dec, 2020 through video conferencing facility.

Therefore, all Central Civil Pensioners/ Family Pensioners (except Railway, Defence, Post and Telegraph) may visit to register their grievance on CPAO website https://cpao.nic.in or send their grievance filled in the prescribed format through e-mail to Sr. Accounts Officers, Grievance Cell at cccpao@nic.in or via post to this office by 18th Dec, 2020. The prescribed format is available at CPAO website. To participate in Pension Adalat, a link will be sent one day before the Pension Adalat on your registered mobile number or e-mail. The resolution of grievance registered through this link will be done through video conferencing facility in the Pension Adalat to be organized on 28th Dec, 2020. Kindly mention your PPO Number, Account Number, Contact Address and telephone Number along with your grievance. If the grievance is being sent by post, the “Pension Adalat-2020” may be superscribed on top of envelope.

CPAO – Holding of Pension Adalats in the month of December, 2020

Dated:
New Delhi

Chief Controller (Pensions)

Source: CPAO

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BHARAT PENSIONERS’ SAMAJ
All India Federation of Pensioners’ Associations
2/13-A- LGF Backside, Jangpura – A,
New Delhi – 110014

NoBPS/SG/ Notional increment/2020/ 10

Date: 01.12.2020

The Secretary,
GOI ; Ministry of finance – Department of Revenue

The Secretary,
GOI, M/O Personnel, PG & Pensions -DOPT

Subject: Court Cases on the issue of grant of notional increment/ re-fixation of pensionary benefits as per Hon’ble Madras High Court Order in WP No .15732/2017 in the case of Sh. P. Ayyamperumal – regarding.

Reference : F. No. A-23011/36/2013-Ad.IIA Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs North Block, New Delhi, Dated the 20th November 2020.

Sir,

With reference to Prara one of F. No. A-23011/36/2013-Ad.IIA GOL, M/O finance -Department of Revenue CB of Indirect Taxes & Customs dtd 20.11.2020 ‘I am directed to refer to CBIC’s letter of even number dated 18.10.2019 (copy enclosed) on the subject mentioned above whereby you have been informed that the competent authority in consultation with Department of personnel and training and Department of Legal Affairs has decided to implement the Order dated 15.09.2017 passed by the Hon’ble High Court of Madras in the matter of WP No. 15732/2017, P. Ayyamperumal Vs. Union of India, in personam and not in  rem and, therefore, it is not required to be quoted as precedent in future.

Bharat Pensioners Samaj, is of the opinion that while drafting the said Para concerned officers/ official inadvertently overlooked the following facts:

1. THE HIGH COURT OF DELHI Judgment in W.P.(C) 10509/2019 GOPAL SINGH ….. Petitioner versus UNION OF INDIA AND ORS OR DE R 23.01.2020 Paras 8. “” More recently, this Court in its decision dated 13th January, 2020 in W.P(C) 5539/2019 (Arun Chhibber v. Union of India) has discussed the judgment in P. Ayyamperumal at some length in the context of the prayer of an officer of the Central Reserve Police Force (CRPF) who had retired on 30th June, 2007 for notional increment. The Court rejected the contention of the Respondents therein that the judgment in P. Ayyamperuam had to be treated as one that was in persona and not in rem.” and the fact that the SLP filed in the Supreme Court against this Delhi High Court judgment regarding notional increment vide SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 13959/2020 (Arising out of impugned final judgment and order dated 23-01-2020 in WP(C) No. 10509/2019 passed by the High Court Of Delhi ) UOI&ORS VS GOPAL SINGH is dismissed by the Honourable Supreme Court.

Grant of notional increment/ re-fixation of pensionary benefits as per Hon’ble Madras High Court Order

2,In C.L.Pasupathy v. Engineer in Chief (WRO)reported in 2009 (2) MLJ 491, Hon’ble High court of Madras has considered the expressions, “judgment ‘in rem’ & a judgment ‘in personam’ In Para 29 of the said judgment honorable court observed as follows :

“29. Courts have held that, “Judgment in rem”, operates on a thing or status rather than against the person and binds all persons to the extent of their interest in the thing, whether or not they were parties to the proceedings. The judgment “in rem”, as distinguished from judgment “in Personam” is an adjudication of some particular thing or subject matter, which is the subject of controversy, by a competent Tribunal, and having the binding effect of all persons having interests, whether or not joined as parties to the proceedings, in so far as their interests in the “res” are concerned.

In determining whether a judgment is “in rem”, the effect of the judgment is to be considered and it is tested by matters of substance, rather than by measure of any particular draft or form”

In short judgment in rem & in Personam can be defined as follows:

Judgment in rem: Judgment in rem is adjudication pronounced upon the status ofa subject matter, person or a thing by a competent court to the world generally.

Judgment in Personam: Judgments in Personam are all the ordinary judgments not affecting the status of any subject matter, any person or anything.

It is humbly submitted that the judgment dated 15.09.2017 passed by the Hon’ble High Court of Madras in the matter of WP No. 15732/2017, P. Ayyamperumal Vs. Union of India squarely Fits in this definition which has been confirmed by the Honourable High Court Of Delhi through its decision dated 13th January, 2020 in W.P.(C) 5539/2019 (Arun Chhibber v. Union of India where in the Honourable court rejected the respondent’s (UOJ) contention that the judgment in P. Ayyamperuam had to be treated as one that was in persona and not in rem.”

Sir, The Democracy of our Country gives highest regards to the judicial pronouncements on their attaining legal finality and no one including DLA /DOPT has any authority to go contrary to it or misinerpret.

Madras High Court Order – Notional increment of pensionary benefits

In the end BPS beg to remind the bureaucracy of oath to Preamble to constitution of India on and request them to ensure Justice and equality in the matter of pensioners/ Sr Citizens. Not that only those who win through courts get the advantage and the other similarly placed who cannot afford to approach the court are deprived of the same benefit inspite of honorable Supreme court pronouncement not to do so.

Thanking you
Yours truly,

S C Maheswari
Secy Genl. Bharat Pensioners Samaj

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F.No.A-23011/36/2013-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block, New Delhi,
Dated the 18 October, 2019

To,
All Pr. Chief Commissioners / Chief Commissioners / Director General under CBIC,

Subject: Grant of notional increment / re-fixation of pensionary benefits as per Hon’ble Madras High Court Order in WP No. 15732/2017 in the case of Sh.P.Ayyamperumal – regarding.

Sir/Madam,

1. I am directed to inform that the Order dated 15.09.2017 of the Hon’ble High passed in the matter of P.Ayyamperumal’s case (WP No.15732/ 2017) is in personam and not in in rem. Therefore, the CBIC has implemented the High Court’s order in personam after dismissal of review petition filed in the Supreme Court, for petitioner only which would not be quoted as precedent in future.

2. A number of cases on the similar grounds are pending at various fora, and similar demands from other similarly placed officers could also arise after Hon’ble Supreme Court’s Order dated 08.08.2019 in R.P.(C) No.1731/2019. Keeping this in mind, a request was made to DoPT seeking their opinion about the future course of action to be taken in case pertaining to similarly placed applicants and non ­applicants.

Also check: Grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Madras High Court Order

3. DoPT has now informed that Deptt. of Legal Affairs have observed that:

“It is very clear that the judgment of Hon’ble High Court of Madras passed in the matter of Sh. P.Ayyamperumal is in personam and not in rem.”

4. Based on the above, DoPT has informed that in so far as other similar cases are concerned, the same may be defended on following grounds:-

4.1 In so far as P. Ayyamperumal case is concerned, it is stated that the judgment of Hon’ble High Court of Madras is in personam.

4.2 Further, the case of Sh. M Balasubramaniam referred by Hon’ble High Court in it’s judgment in P. Ayyamperumal case is related to Fundamental Rules of Tamil Nadu Government whereas P. Ayyamperumal case relates to Central Government Rules.

4.3. It is relevant to mention here that in a similar matter, Hon’ble High Court of Andhra Pradesh at Hyderabad in year 2005, in C.Subbarao case, has inter-alia observed as under:

In support of the above observations, the Division Bench also placed reliance on Banerjee case (supra). We are afraid, the Division Bench was not correct in coming to the conclusion that being a reward for unblemished past service, Government servant retiring on the last day of the month would also be entitled for increment even after such increment is due after retirement. We have already made reference to all Rules governing the situation. There is no warrant to come to such conclusion. Increment is given (See Article 43 of CS Regulations) as a periodical rise to a Government employee for the good behavior in the service. Such increment is possible only when the appointment is “Progressive Appointment” and it is not a universal rule.

Also read: Grant of Notional Increment on completion of 12 Months of Service

Further, as per Rule 14 of the Pension Rules, a person is entitled for pay, increment and other allowances only when he is entitled to receive pay from out of Consolidated Fund of India and continues to be in Government service. A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter (See Article 151 of CS Regulations), because he would not answer the tests in these Rules.

Reliance placed on Banerjee case (supra) is also in our considered opinion not correct because, as observed by us, Banerjee case (supra) does not deal with increment, but deals with enhancement of DA by the Central Government to pensioners. Therefore, we are not able to accept the view taken by the Division Bench. We accordingly overrule the judgment in Malakondaiah case (supra).

4.4 In addition, subsequent to the judgment of Hon’ble High Court of Madras in P. Ayyamperumal’s case, Hon’ble CAT Madras Bench vide its orders dated 19.03.2019 in 0.A. No. 310/00309/ 2019 and O.A. No. 310/00312/ 2019 and Order dated 27.03.2019 in O.A. No. 310/00026/ 2019 has also dismissed the similar requests related with notional increment for pensionary benefits.

5. Accordingly, it is requested that all the pending / future court cases on the similar issue should be defended/ dealt with adequately on the above lines.

Yours faithfully,
sd/-
(A.K. Mishra)
Under Secretary to the Government of India

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Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500 or equivalent pay scale in the earlier Pay Commission periods

Revision of Concordance Tables for Pre-2006 Pensioners

No. 38/33/12-P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated the 9th July, 2019

Office Memorandum

Sub :- Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods.

Instructions have been issued vide this Department’s OM of even number dated 4.1.2019 that for the purpose of revision of pension/family pension w.e.f. 1.1.2006 under para 4.2 of the O.M. dated 1.9.2008, the Grade Pay of Rs. 4600/- may be considered as the corresponding Grade pay in the case of pre-2006 pensioners who retired/died in the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods.

It was also provided that the revised pension w.c.f. 1,1.2006 in terms of para 4.2 of OM dated 1.9.2008, for the pre-2006 pensioners who retired from the pay scale of Rs, 6500-10500/- in the 5 th CPC or equivalent pay scales in the earlier Pay Commissions would be Rs. 8345/-.

The entries at serial number 13 in the annexure of this Department’s OM No. 38/37/08- P&PW(A) dated 28.1.2013 were also revised accordingly.

2. This Department has issued concordance tables for revision of pension, w.e.f. 1.1.2016, of pre-2016 pensioners by notional fixation of pay in the 7th CPC vide this Departments OM dated 6.7.2017, Tables No.24 & 25 in these concordance tables indicated the revised pension/family pension based on the corresponding 6th CPC grade pay of Rs. 4200/- in respect of pre-2006 pensioners/family pensioners who retired/died in the 5th CPC scale of 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods. Consequent on the decision to consider the Grade Pay of Rs. 4600/- as the corresponding Grade pay in the case of pre-2006 pensioners who retired/died in the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods and based on the fitment tables provided by Ministry of Finance (Department of Expenditure), Tables No.24 & 25 have been revised. Accordingly, revised concordance Tables No.24 & 25 arc enclosed herewith.

3. All the Ministries/Departments are requested to revise pension/family pension w.e.f. 1.1.2016 in respect of pre-2006 pensioner family pensioners who retired/died in the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods using the concordance tables enclosed herewith. The other provisions / instructions for revision of pension of pre-2016 pensioners, as contained in this Department’s OM of even number dated 12.5.2017 and 6.7.2017 will remain unchanged.

4. This issues with the approval of Ministry of Finance (Department of Expenditure) vide their OM No. 30-1/33(c)/ 2016-1.C./E.III,A dated 28.6.2019

5. Hindi version will follow.

sd/-
(Ruchir Mittal)
Deputy Secretary

Source: Doppw

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The State Government of Maharashtra has decided to hike in Pensioner’s Pay for Pensioners above 80 Years with minimum of 10%.

In view of the recommendation of the Seventh Pay Commission, Under the Chairmanship of Shri K. P. Bakshi, Additional Secretary (Home) Maharashtra, the State Government had set up the “State Pay Revision Committee 2017” to hike Pensioners pay who is at the age of 80 yrs and above. This hike is decided by the Bakshi committee. The said rates are standing revised from January 1, 2019 as below :

The revised increased rate will be applicable from January 1, 2019. No difference of the revised increased rate will be payable for previous period to existing Pensioners/ Family Pensioners.

This decision is implacable to the Recognized and Aided Educational Institutions, Non Agriculture Universities and affiliated Non- Governmental Collages and Agricultural Universities etc.

Under Section of 248 of the Maharashtra Zilla Parishad and Panchayat Samitis Acts 1961, this decision will also be implemented to Zilla Parishads. The State Government Employees who opted for Lump sum Payment on absorption in a Public Sector Undertaking/ Autonomous Bodies/ Local Bodies and are entitled to restoration in a 1/3rd commuted portion of pension as well as a revision of the restored amount in terms of Government Resolution, Finance Department No. COP-1099/306/SER-4 Dt. November 11, 1999 and also eligible for revised pension as per sixth Pay Commission.

Source: PIB

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NFIR
National Federation of Indian Railwaymen
3, Chelmsford Road, New Delhi 110 055

No. II/35/2018

Dated: 20/03/2019

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Revision of pension w.e.f.01/01/2006 of pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500-reg.

Ref: Railway Board’s letter No.F(E)III/2008/PN1/l2 dated 04/02/2019

Kind attention of Railway Board is invited to the instructions issued vide Board’s letter dated 04/02/2019 relating to revision of pension of pre-2006 pensioners/family pensioners w.e.f.01/01/2006 who had retired from Railway service while in 5th CPC scale of Rs.6500-10500 duly enclosing Department of pension and pensioners’ Welfare (DoP&PW’s) O.M.No.38/33/12-P&PW(A) dated 4th January, 2019 stating that these instructions shall apply mutatis mutandis on Railways also.

ln this connection, NFIR desires to state that the pensioners who had retired from Railway service in 5th CPC pay scale Rs.6500-10500 and family pensioners continued to be aggrieved over DoP&PW O.M. dated 4th January, 2019 and Railway Board’s letter dated 04/02/2019 as mentioned below:-

Vide Dop&PW’s O.M. dated 4th January, 2019, an example has been mentioned which allows revision of only minimum Pension/Family Pension to Rs.8345/5007 respectively.

The O.M. does not cover the cases of Pensioners/Family Pensioners who had drawn higher pay at various stages upto maximum of Rs. 10500 in 5th CPC Pay Scale Rs.6500-10500.

The V CPC pay scale of Rs. 6500-10500, although initially treated as equivalent to GP 4200 (PB-2), subsequently the Government had granted replacement Grade Pay 4600 (PB-2) w.e.f.01/01/2006. Therefore, last pay drawn by the pre-2006 retired Railway employees in the Pay Scale should have been the criteria for revising the pension/family pension duly calculating notional Pay in GP 4600 (PB-2)

The O.M. dated 04/01/2019 needs to be modified suitably for covering all cases of pre-2006 pensioners/family pensioners as proposed below:-

Last pay drawn in pay scale Rs. 6500-10500 at the time of retirement/death to be calculated notionally in 6th CPC in PB-2 + GP 4600, and Pension/Family Pension re-fixed based on i.e. 50% / 30% of such notional pay respectively. These pensioners/family pensioners are to be paid arrears accrued from 01/01/2016, similar to all other pre-2006 pensioners/family pensioners as per RBE No.l7/2019 dated 04/02/2019.

Separate concordance table needs to be prepared and circulated on the basis of pay drawn by the pensioners/Family pensioners in V CPC Pay Scale of Rs.6500-10500 vis-a-vis GP 4600 in PB-2. Based on para 4.2 of Railway Board’s circular dated 04/09/2008 new revised concordance table say 25A is to be prepared/introduced to cover all cases.

While undertaking revision of pension/family pension cases as per RBE No. 17/2019 dated 04/02/2019, Zonal Railways have been facing difficulties as the revision in GP 4600/- under 6th/7th CPC has not been systemized under ARPAN. In absence of proper concordance table for notional pay fixation of pensioners/family pensioners, as on 01/01/2006, the Zonal Railways etc., have also been facing difficulty in undertaking revision of pension/family pension. It is also suggested that the concordance table No.26 available with Board’s letter dated 11/07/2018 for GP 4600 (corresponding 5th CPC Scale Rs. 7450-11500) may be made applicable in the instant case of pension/family pension revision. Federation cites Western Railway’s reference to Railway Board vide letter No. Pen/05372/E789/ARPAN/PRE-2016 dared 18/02/2019 seeking guidelines.

Federation requests the Railway Board to take note of genuineness of the case for highlighting to DoP&PW / MoF to review and render justice to these pensioners/family pensioners of pre-2006 era. A new concordance table 25-A needs to be created/incorporated for the V CPC pay scale Rs. 6500-10500 vis-a-vis GP 4600 (PB-2).

NFIR, therefore, requests the Railway Board to approach DoP&PW/MoF for getting the O.M, dated 04th January, 2019 modified with a view to revise pension to those pensioners who were in puy scale Rs. 6500-10500 (V CPC) and drew higher pay at various stages upto Rs. 10500 and above (including stagnarion increment) to ensure equal treatment with other pensioners. A.copy of the proposal sent to the DoP&PW may be endorsed to the Federation for follow up action.

Yours faithfully,
sd/-
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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Frequently Asked Questions (FAQs)
(Central Civil Services)

1. PENSION POLICY

(1.1) Which rules govern pension and gratuity to the employees retiring from Central Government Civil Departments.

Pension and gratuity of the employees retiring from Central Government Departments is regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules regarding pension and gratuity of Railway employees and Defence personnel.

(1.2) Is the date of voluntary retirement treated as duty?

Yes, the date of voluntary retirement is treated as duty (Rule 5).

(1.3) Who is eligible for pension?

A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for
pension (Rule 2, 49).

(1.4) How is pension calculated?

W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. (Rule 49).

(1.5) What happens to the departmental proceedings instituted against a Govt. servant during service and pending at the time of retirement? Can pension/gratuity be paid to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against him at the time of retirement?

Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner. Thereafter, authority will submit a report recording its finding to the President. In such cases, only provisional pension is paid and gratuity is withheld till the conclusion of departmental proceedings and issue of final orders thereon
by the competent authority.

(1.6) Can Departmental proceedings be instituted after retirement?

Departmental proceeding can be instituted after retirement subject to following conditions:-
(a) Sanction of the President shall be obtained before instituting such proceedings;
(b) The proceedings shall not be in respect of any event which took place more than 4 years such institution;
(c) Proceedings shall be conducted by such authority and in such place or the President may direct and in accordance with rules applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Govt. servant during his service.

(1.7 ) When is departmental or judicial proceeding deemed to be instituted?

(a) Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date;
(b) Judicial proceedings shall be deemed to be instituted-
(i) In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and
(ii) In the case of civil proceedings, on the date the plaint is presented in the
court.

(1.8) Can the pension/gratuity be withheld on conclusion of departmental/judicial proceedings?

The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement. Power to withhold/withdraw pension/gratuity is with President and UPSC is required to the consulted before any final orders are passed.

(1.9) Which pay is reckoned as emoluments for pension and gratuity?

The basic pay as defined in FR 9 (21) (a) (i) is reckoned as emoluments for pension. However, Non- Practicing Allowance granted to Medical Officers is also included in emoluments. For the purpose of Retirement/ Death gratuity, Dearness Allowance admissible on the date of retirement/death is also treated as emoluments.

(1.10) Which pay is reckoned as emoluments for pension if the Government servant is on leave, suspension or deputation at the time of retirement?

(a) If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule. However, increase in pay (other than the increment) which is not actually drawn shall not form part of his emoluments.

(b) If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule.

(c) If a Government servant immediately before his retirement of death while in service, was on earned leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments. However, such increment should have been earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.

(d) Pay drawn by a Government servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments.

(1.11) Can a pension be withheld/withdrawn on grounds of misconduct after retirement?

Future good conduct is the implied condition for grant/continuance of pension. The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.

(1.12) Can a pension, once authorized, be revised to the disadvantage of pensioner on grounds other than misconduct under Rule 8 and 9.

Except under Rule 8 and 9, pension once authorized after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently. No revision of pension to the disadvantage of the pensioner shall be ordered by the Head of Office without the concurrence of the Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorization of pension. The question whether it is a case of clerical error or not would be decided by the administrative Ministry.

(1.13) What is the formula for revision of pension of pre-2006 pensioner/family pensioner?

In terms of para 4.1 of OM No.38/37/08-P&PW(A) dated 1.9.2008, the pension/family pension will be consolidated w.e.f. 1.1.2006 by adding together (i) The existing pension/family pension,(ii) Dearness Pension, where applicable, (iii)Dearness Relief @24% of basic Pension/Basic Family Pension plus dearness pension as admissible vide OM No.42/2/2006-P&PW(G) dated 5.4.2006 and (iv) Fitment weightage @40% of the existing pension/family pension. Where the existing pension at (i) includes the effect of merger of 50% of DR w.e.f. 1.4.2004, the existing pension for the purpose of fitment weightage will be re-calculated after excluding the merged DR of 50% from the pension. The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 1.1.2006. The fixation of pension will be subject to the provision that the revised pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the Govt. servant retired. The minimum of pay is the pay band/pay scale is to be reckoned in accordance with DoPPW OM No. 38/37/08-P&PW dated 30.07.2015.

(1.14) Whether all pre-2006 pensioners/family pensioners would get benefit under Department of Pension and Pensioners’ Welfare O.M. NO.38/37/08- P&PW (A) dated 28.1.2013 (now OM dated 30.07.2015)?

There will be no change in the pension of those pre-2006 pensioners whose pension (as revised with effect from 1.1.2006) is already equal to or more than this minimum limit mentioned in the OM dated 28.01.2013 and 30.07.2015. In the case of family pensioner also the minimum family pension as mentioned in Col.10 of the Annexure to the OM dated 28.1.2013 shall be payable if the amount of family pension (w.e.f. 01.01.2006) is equal to or more than this minimum family pension, the same family pension shall continue to be paid.

(1.15) What are the provisions regarding revision of pension of pre-2016 pensioners after 7th CPC?

Orders were issued vide OM No. 38/37/2016-P&PW(A) dated 04.08.2016 for revision of pension of pre-2016 pensioners by multiplying the pre-revised pension by a facor of 2.57. This was to be done by the Pension Disbursing Authorities/ Banks. Further orders were issued vide OM No. 38/37/2016-P&PW(A) dated 12.05.2017. As per this OM, the revised pension/family pension w.e.f 01.01.2016 of all Central Civil Pensioners/ family pensioners, including CAPF’s, who retired/died prior to 01.01.2016, shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulate approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension and 30% of this notional pay shall be the revised family pension w.e.f. 01.01.2016 as per the first Formulation. In this case of family pensioners who were entitled to family pension at enhanced rate, the revised family pension shall be 50% of the notional pay as on 01.01.2016 and shall be payable till the period up to which family pension at enhanced rate is admissible as per rules. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee. The pension/ family pension already revised in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised pension/ family pension as worked out in accordance with OM dated 12.05.2017 shall be granted to pre-2016 central civil pensioners as revised pension/ family pension w.e.f. 01.01.2016. In cases where pension/ family pension being paid w.e.f. 01.01.2016 in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 happens to be more than pension/ family pension as worked out in accordance with para 4 above, the pension/ family pension already paid shall be treated as revised pension/ family pension w.e.f. 01.01.2016.

(1.16) Is any ready reckoner available for revision of pension of pre-2016 pensioners by notional pay fixation method?

A Concordance Table for fixation of notional pay of pension/ family pension of employee who retired/ died in various grades of Vth/ VIth CPC period has been prepared and circulated on 06.07.2017. These Concordance Tables are available on the website of this Department, i.e. http://doppw.gov.in/ and http://pensionersportal.gov.in

(1.17) Is there any online calculator available for fixation/ revision of pension?

A calculator for calculation/ revision of pension/ gratuity is available on the website of this Department, i.e. http://doppw.gov.in/ and http://pensionersportal.gov.in/

(1.18) What is the amount of minimum and maximum pension after Seventh CPC?

The pension shall not be less than Rs.9000/- (excluding the element of additional pension to old pensioners) and shall not be more than 50% of the highest pay in Government i.e Rs 1,25,000/- w.e.f. 01.01.2016.

(1.19) From where can we download the pension /nomination Forms ?

All forms are available at the website of Department of Pension & Pensioners Welfare.

(1.20) When can a Government servant apply for voluntary retirement?

Under Rule 48, a Government servant can apply for voluntary retirement after completion of 30 years of qualifying service. Under Rule 48-A, he can apply for voluntary retirement after completion of qualifying service of 20 years. Under FR 56 (k) he can apply for voluntary retirement an attaining the age of 50 years (for Gr. A & B) and 55 years (in other cases).

(1.21) Whether older pensioners will get higher rate of pension?

Yes, from 1.1.2006, the quantum of pension/family pension available to old
pensioners/family pensioners has been increased as follows:-
O.M.No. 38/37/08- P&PW(A) dated 2.9.2008 .

(1.22) Is additional pension admissible to old family pensioners also?

Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.

(1.23) Whether the provision of added years in qualifying service for computation of pension is still in force?

The benefit of added years of qualifying service for computation of pension/related benefits has been withdrawn w.e.f. 01.01.2006.

(1.24) Whether the provision of added years in qualifying service has been withdrawn for calculating gratuity also?

Yes, w.e.f. 01.01.2006.

(1.25) Whether the additional pension/family pension available to old pensioners would be payable from the date of attaining age of 80 years or above or from the first day of the month in which the date of birth falls?

The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years in the month of August, 2008, he will be entitled to additional pension/family pension w.e.f. 1.8.2008. Those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above.

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Office of the Prinapar CDA(Pensions)
Draupadi Ghat, fillafia6ad- 211014

Circular No. 619

Dated: 14/03/2019

Subject: Regarding deletion of note of conditional sanction printed in PPOs of Pre-01.01.2006 retirees Havildar granted Hony Rank of Naib Subedar in compliance of Honbie High Courts and AFTs orders.

In compliance of various court orders, conditional sanctions were being issued by AG/P5-4 (Pen/Legal), IHQ (Mob), New beihi in respect of Pre-01.01.2006 retiree Havildars granted Hony rank of Naib Subedar for implementing Gol, Mob letter dated 12.06,2009 in their cases. Accordingly, corrigendum PPOs were/are being issued notifying their pension w.e.f. 01.01.2006 @ Rs. 8450/- for Group “X” and ( Rs. 7750/- for Group .Y and “Z as per the provisions of ibid Mob letter by this office. These Corrigendum PPOs have a Note containing that condition as “The sanction will, however, be subject to the final outcome of appeal, if any filed before the Hon’ble Supreme Court of India. In the event, the appeal is decided in favour of liaI, the petitioners shall be liable to refund the entire amount paid to him under the ibid sanction”.

1. Of late, it has been observed that large number of such cases of pre 01.01.2006 retiree Hcivildar granted Hony rank of Naib Subedar for grant of pension in terms of Gol, Mob letter dated 12.06.2009 were decided by the various Courts/AFTS. Now, AG/PS- 4 (Pen/Legal), IHQ of Mob, New beihi has started converting conditional sanction into absolute sanction by deleting the ibid contents as printed in Note of Corrigendum PPO of these cases. Large number of such type of sanctions for deleting conditional sanction are being received in this office from Record Offices concerned for issuing Corr. PPO for deleting that Note of conditional sanction in respect of pre-01.01.2006 retiree Havildar granted Hony rank of Naib Subedar.
2. As large number of Corr. PPOs are to be issued in such cases without any financial bearing or other changes, as such, it has been decided by the competent authority that the note The sanction will, however, be subject to the final outcome of appeal, if any filed before the Hon’ble Supreme Court of India. In the event, the appeal is decided in favour of UoI, the petitioners shall be liable to refund the entire amount paid to him under the ibid sanction” as printed in the respective PPO of those pre-01.01.2000 retirees Havildars granted Hony rank of Naib Subedar issued in compliance of the Court/AFT orders. may be treated as deleted.
3. It is further reiterated that deletion of ibid note will be applicable only where Service Pension w.e.f. 01.01.2006 @ Rs. 8450/- for Group X and @ Rs. 7750/- for Group and Group Z were notified in compliance of various Courts/AFTS orders in respect of Pre-01.01.2006 retiree Havildar granted Hony rank of Naib Subedar and not in other cases.
4. This circular has been uploaded on this office website www.pcdapension.n

sd/-
(Sandeep Thakur)
Addl CbA (P)

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No.41/21/2000-P&PW(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension and Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated the 19th Feb, 2018

Office Memorandum

Sub: Issue of Pensioners Identity Card to Pensioners- Revised Format

The undersigned is directed to refer to this Department’s OM of even no. dated 12.08.2015 and to say that the instructions related to the issue of Pensioners’ Identity Card to Pensioners were issued by this Department. In para 2 of the OM dated 12.08.2015, it is mentioned that Pensioners’ ID Card shall include the Aadhaar No. of the pensioners, if available. Accordingly, a format for the pensioners’ Identity Card was also issued.

The matter has been reconsidered. It has been decided that henceforth, the Pensioners’ Identity Card may be issued to the pensioners in the revised format (copy enclosed).

Encl: as above

sd/-
(Charanjit Taneja)
Under Secretary to the Govt. of India

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