F.No.42/07/2015-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi- 110003
Date:- 5th Nov, 2015

To
All the Pensioners Associations included in SCOVA
vide Resolution dated 25.08.2015

Subject: Minutes of the 27th SCOVA meeting held on 13th October, 2015 under the Chairmanship of Hon’ble MOS (PP)

Please find enclosed herewith a copy of minutes of the 27’h meeting of Standing Committee of Voluntary Agencies(SCOVA) held on 13th October, 2015 under the Chairmanship of Hon’ble MOS(PP) at Vigyan Bhawan, New Delhi for your king perusal and necessary action.

Encl: as above

(Sujasha Choudhury)
Deputy Secretary to the Government of India

Authority: http://pensionersportal.gov.in/

Click to view the order

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3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Date : 28th Sept, 2015

OFFICE MEMORANDUM

Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.7.2015.

The undersigned is directed to refer to this Department’s OM No. 42/10/2014- P&PW(G) dated 27th April, 2015 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief (DR) payable to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 113% to 119% w.e.f. 1st July, 2015.

2. These orders apply to (i) All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensloners and (v) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are lndian Nationals but receiving pension on behalf of Government of Pakistan and are in receipt of ad-hoc ex-gratia allowance of Rs. 3500/- p.m. in terms of this Department’s OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department’s OM No. 23/3/2008- P&PW(B) dated 15.9.2008.

3. Central Government Employees who had drawn lump sum amount on absorption in a PSU/Autonomous body and have become eligible to restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department’s OM No. 4/59/97- P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 119% w.e.f. 1.7.2015 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lump sum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the a.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM No.4/29/99-P&PW (D) dated. 12.7.2000 refer.

4. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.

5. Other provisions governing grant of DR in respect of employed family pensioners and reemployed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45/73/97-P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F. No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension will remain unchanged.

6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

8. The offices of Accountant General and authorised Pension Disbursing Banks are requested to arrange payment of relief to pensioners etc. on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, 11/34-80-11 dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CPL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

9. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.

10. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their OM No. 1/3/2015-E.II(B) dated 23rd September, 2015.

11. Hindi version will follow.

(Charanjit Taneja)
Under Secretary to the Government of India

Authority: http://pensionersportal.gov.in/

View Order

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Extend necessary cooperation to the office bearers of identified pensioners associations in the matter of redressal of pensioners’ grievances

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G.I., Min. of Per. PG & Pensions, O.M.No.38/37/08-P&PW(A), dated 30.7.2015

Sub:- Revision of pension of pre-2006 pensioners – reg.

The undersigned is directed to say that as per Para 4.2 of this Department’s OM of even number dated 1.9.2008 relating to revision of pension of pre-2006 pensioners w.e.f. 1.1.2006, the revised pension w.e.f. 1.1.2006, in no case, shall be lower than 50% of the sum of the minimum of pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired. A clarification was issued vide DoP&PW OM of even number dated 3.10.2008 that the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale.

2. Several petitions were filed in Central Administrative Tribunal, Principal Bench, New Delhi inter alia claiming that the revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010 and three other connected OAs directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006 based on the Resolution dated 29.8.2008 of the Department of Pension & Pensioners’ Welfare and in the light of the observations of Hon’ble CAT in that order.

3. The above order was challenged by the Government by filing Writ Petition No.1535/2012 in respect of OA No. 655/2010 and WP No.2348-50/12 in respect of the three other connected OAs in the High Court of Delhi. The Hon’ble High Court in its common Order dated 29.4.2013 noted that the DoP&PW had, in the meanwhile, issued an OM No.38/37/08-P&PW (A) dated 28.1.2013 which provided for stepping up of pension of pre 2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner had retired. Hon’ble High Court observed that the only issue which survived was, with reference to Paragraph 9 of OM dated 28.1.2013 which makes it applicable w.e.f. 24.9.2012 instead of 1.1.2006. Hon’ble High Court of Delhi dismissed the Writ Petition No.1535/2012 along with three other Writ Petitions vide its order dated 29.4.2013. Special Leave Petitions (No.23055/2013 and No.36148-50/2013) filed against the said order dated 29/4/2013 of the Hon’ble Delhi High Court have also been dismissed by the Hon’ble Supreme Court.

4. Accordingly, in compliance with the above judicial pronouncements, it has been decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012. Further, this benefit has already been granted to the Applicants in OA No. 655/2010 vide OM of even No. dated 26/08/2014 read with OM dated 19/09/2015 following dismissal of SLP (C) No.23055/2013 by the Hon’ble Supreme Court.

5. In case the consolidated pension/family pension calculated as per para 4.1 of O.M. No.38/37/08-P&PW (A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

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

7. Ministry of Agriculture, etc. are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and subordinate Offices under them on a top priority basis. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

8. This issues with the approval of Ministry of Finance ID Note No. 1(9)/EV/2011Vol.1I dated 24.7.2015.

Authority: www.persionersportal.gov.in

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Feedback may be given by re-employed pensioners on visiting banks regarding problems being faced relating to the stoppage of Dearness Relief on pension on re-employment and for restoration of the same when the re-employment ceases.

Feedback in the following format may be furnished by 17.07.2015.

Source: www.pensionersportal.gov.in

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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 16th April, 2015

Office Memorandum

Subject: Rounding off of a fraction of a rupee in regulation of additional pension

The undersigned is directed to say that vide this Department’s 0M No.38/37/08-P&PW(A) dated 1 ,9.2008 and 0M No. 38/37/08-P&PW(A) dated 2.9.2008. Instructions were issued for grant of additional pension/family pension @ 20% to 100% to old pensioners/family pensioners of the age of 80 years and above.

A question has been raised as to how the amount of additional pension is to be regulated in case the additional pension results in fraction of a rupee. The matter has been examined in consultation with Ministry of Finance (Department of Expenditure) and it has been decided that the amount of additional pension as finally calculated may be rounded off to the next higher rupee.

In cases where the pension/family pension of old pensioners has been fixed/revised without rounding off the additional pension, in those cases also, the additional pension may be rounded off to the next higher rupee hereinafter. However, no arrears for the period from 1.1.2006 on account of such rounding off would be paid in those cases.

3. This issues with the approval of Ministry of Finance (Department of Expenditure) ID No. 157/EV/2015 dated 30.3.2015.

(S.K. Makkar)
Under Secretary to the Government of India

Authority : http://pensionersportal.gov.in/

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G.I., Dept. of Pen. & P.W., O.M.No.38/77-A/09-P&PW(A)(Pt.)

Sub:- Revision of pension of pre-2006 pensioners – reg.

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 Department of Pension & Pensioners’ Welfare’s OM dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.

2. The Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in its common order dated 1.11.2011 in four petitions [OA No.655/2010, 306/2010, 50712010 and 3079/2009] directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension with reference to the fitment table applicable for revision of pay of serving employees.

3. A large number of representations from pre-2006 pensioners are being received by the Department of Pension & Pensioners’ Welfare for extension of benefits similar to what had been allowed in case of OA No.655/2010 by CAT, Principal Bench, New Delhi.

4. In this context, it is informed that four Writ Petitions were filed in the High Court of Delhi challenging the order dated 1.11.2011 of Hon’ble CAT in four OAs. These petitions were dismissed on 29.4.2013. Subsequently, four SLPs were filed in the Hon’ble Supreme Court over a period of time against the said order of the Hon’ble High Court. Of the four SLPs, the one pertaining to Central Government SAG (S-29) Pensioners’ Association which was first in the series of said SLPs, has since been dismissed by the Hon’ble Supreme Court on 29.7.2013. As the Review Curative Petition against the said order dated 29.7.2013 also failed, the Government of India decided to comply with the order by extending the requisite benefits to the parties involved in the said SLP. As regards the other three SLPs (Nos.36148-50/2013), Hon’ble Supreme Court in its order dated 19.11.2013 issued notice and made the following observation: .

“Learned Counsel for the respondent submits that during the pendency of these petitions the respondent-writ petitioners shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal. That statement is recorded. “

5. Thus the issue of revision of pension of pre-2006 pensioners w.e.f. 1.1.2006 as covered under SLP Nos. 36148-50/2013 in the Apex Court which have been tagged with Civil Appeal No.8875-76/2011 filed by Ministry of Defence in a similar matter is subjudice.

Authority www.pensionersportal.gov.in

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