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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Revision of Pension of Pre 2006 Pensioners – Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

No.RSCWS/HO/CHD/ Memo/2018-5

Dated: 21/05/2018

Hon. Minister of Finance, Govt. of India,
North Block, New Delhi-110001

Subject: Revision of Pension of Pre 2006 Pensioners – Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

Reference:- i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08,
ii) Para 5 of DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 11-2-2009 – (which has been quashed by various Courts but not withdrawn by the DOP&PW)
iii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 30-7-2015

Dear Sir,
We seek your benign intervention in the following matter of serious injustice with a section of Pre-2006 Central Government Pensioners:

1. Sixth Pay Commission had Merged and upgraded some posts keeping in view their duties & responsibilities. The recommendations of the Sixth CPC were accepted by the Government vide Resolution of the Government Notified on 29-8-2008 and orders were issued thereon vide DOPT & DOPPW vide OMs dated 1-9-2008.

2. DOP&PW subsequently modified these orders vide O.M. File No. 38/37/08-P&PW (A) dated 11-2-2009 and ordered that the benefit of upgrading of posts by Sixth Pay Commission shall not be given for the fixation of Revised Pension of Pre-2006 Pensioners.

3. Above cited orders of DOP&PW (dated 11-2-2009) had been quashed by the various Courts including the Apex Court, which inter-alia directed that “The fixation (of Pension) … will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired.” DOP&PW issued the orders thereon vide OM dated 1-9-2008.

4. DOP&PW vide OM No.38/37/08-P&PW(A) Dated 30th July, 2015, in compliance with the judicial pronouncements, had 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.

5. Para 5 of DOPPW OM dated 11-2-2009 had specifically been quashed by various Courts – including the High Court of New Delhi in WP(C) 3035/2016 dated 3-8-2016 in Ram Phal-vs-Union of India & Ors and CAT Bangalore in CP 237/2015 in OA 231/2013 (Parthasarthy-Vs-Union of India).

6. High Court of Kerala at Ernakulam had held as under in OP (CAT).No. 169 of 2015 (Z) in its judgment dated 18th January, 2016 UNION OF INDIA vs N.R.PURUSHOTHAMAN PILLAI:
“The resultant position that emerges from the pronouncement of the Central Administrative Tribunal as well as the different High Courts and the Apex Court is that, computation of pension in the matter of implementation of the 6th Pay Commission Report has to be at 50% of the pay scale with respect to the scale of pay applicable to the post in question and not to the corresponding scale of pay to the one at which the incumbent has retired.”

7. Regrettably the benefit of upgrading of posts was still not given to the Pre-2006 Pensioners in spite of the above cited judgments of various Courts. The benefit of the Court judgments on this had been restricted only to the Petitioners and not to other similarly placed Pre-2006 Pensioners.

8. This is totally discriminatory and violates Article 14 of the Constitution as well as under the settled law that the decisions taken in one specific case either by the Judiciary or the Govt. should be applied to all other similar cases without forcing the other employees or pensioners to approach the court of law for an identical remedy or relief.

9. Delhi High Court in W.P.(C) 8012/2013 had held that “policy decision of the Government in the OM dated September 01, 2008 to fix pension for all categories of pensioners did not classify post of pre January 01, 2006 retirees and all were entitled to pension as per a common formula”

10. It is, therefore, requested that Pre-2006 Pensioners be given the benefit of upgraded Pay Band and Grade Pay of the post from which they retired so that minimum pension be not lower than 50% of the pay in the revised pay band plus the grade pay corresponding to the post from which the pensioner retired – as per DOPPW OM dated 30-7-2015.

Yours faithfully,
(Harchandan Singh)
Secretary General, RSCWS

Source: www.rscws.com

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Amendment of GOI, MOD letter No.1(2)/2016-D(Pen/Pol) dated 30.09.2016 and revision of pension of Pre-2006 pensioners (JCOs/ORs and Commissioned Officers) delinking of qualifying service of 33 years for revised pension.

Circular No. 597

Dated: 08.03.2018

Subject: Amendment of GOI, MOD letter No.1(2)/2016-D(Pen/Pol) dated 30.09.2016 and revision of pension of Pre-2006 pensioners (JCOs/ORs and Commissioned Officers) delinking of qualifying service of 33 years for revised pension.

Reference: GoI, MoD letter No.1(2)/2016-D(Pen/Pol) dated 30.09.2016 (Circular No.568 dated 13.10.206)

Copy of GoI, MoD letters No.1(2)/2016-D(Pen/Pol) dated 11.10.2017 and 22.12.2017 are forwarded herewith for further necessary action at your end.

2. Minimum guaranteed pension table for all the ranks of Defence Forces Personnel for service pension and family pension have been issued vide GoI, MoD letter No.1(2)/2016-D(Pen/Pol) dated 30.09.2016 (Circular No.568 dated 13.10.206).

3. Consequent upon issue of GoI, MoD letter dated 11.1.0.2017 following amendments are made in GoI, MoD letter No.12(2)/2016-D(Pen/Pol) dated 30.09.2016:

 4. Further, it has also been decided by the competent authority that rates of service pension and family pension in respect of NCs (E) of Army and Air Force will also to be revised in terms of GoI, MoD letter dated 22.12.2017 as the rates of service pension and family pension in respect of NCs (E) of Army and Air Force have not been provided in GoI, MoD letter dated 30.09.2016. Therefore, AnnexureB (Army) and Annexure-C (Air Force) are amended as follows:-

 (i) Following note is inserted below Annexure-B (Army)

Note:- Rates of pension indicated in Annexure-B (Army) is also applicable for the revision of pension in respect of NCs (E) of Army as per rates applicable for Sepoy Group “Z”.

(ii) Following rates of pension may be included in Annexure-C (Air Force) :

Additions:-

 5. All other terms and conditions remain unchanged.

No. Gts/Tech/0148/LVII

Dated: 08.03.2018

sd/-

(Subhash Kumar)

Dy CDA (Pensions)

Authority: http://pcdapension.nic.in

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Circular No.568

Dated:13.10.2016

To,
1. The Chief Accountant, RBI, Deptt. Of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
2. All CMDs, Public Sector Banks including IDBI Bank
3. Nodal Officers, ICICI/ HDFC/ AXIS/ IDBI Banks
4. Managers, All CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA (WC), Chandigarh
7. The CDA (PD), Meerut
8. The CDA, Chennai
9. The Director of Treasuries, All States…
10. The Pay and Accounts Officer, Delhi Administration, RK puram and Tis Hazari, New Delhi
11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12. The Post Master Kathua (J&K)
13. The Pr. Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair

Subject: Revision of pension of Pre-2006 pensioners (JCOs/ ORs and Commissioned Officers) – delinking of qualifying service of 33 years for revised pension.

Reference: This office Circular Nos. 547 dated 11.09.2015, 548 dated 11.09.2015, 549 dated 30.09.2015, 551 dated 28.12.2015, 554 dated 14.01.2016, 562 dated 13.06.2016 and , 567 dated 16.09.2016.

A copy of GOI, MOD letter No.1(2)/2016-D(Pen/Pol) dated 30th September 2016 on the above subject is forwarded herewith for information and necessary action which is self explanatory.

2. Prior to issue of the above letter dated 30th September, 2016, the minimum guaranteed pension was revised w.e.f. 01.01.2006 as per GOI, MOD letter No.17(4)/2008(1)/D(Pen/ Policy) dated 11.11.2008 circulated vide this office Circular No. 397 dated 18.11.2008. Further, it was revised vide this office Circular Nos. 547 dated 11.09.2015 and 548 dated 11.09.2015. Similarly, the minimum guaranteed pension of Ordinary Family Pension was revised vide this office circular Nos. 397 dated 18.11.2008, 494 dated19.03.2013 and 567 dated 16.09.2016. Now, consequent upon the issue of the above Govt. letter dated 30th September 2016 , the consolidated revised pension ordinary family pension of all Pre-2006 Armed Forces pensioners/ Family pensioners w.e.f.1.1.2006 shall not be less than 50% and 30% respectively of the minimum of the pay in the Pay band plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged/ invalided out/ died including Military Service Pay and ‘X’ group pay, if any, without pro-rata reduction of pension even if they had rendered qualifying service of less than 33 years at the time of retirement.

3. The revised consolidated enhanced rate of Ordinary Family Pension w.e.f. 01.01.2006 (consolidated as per Para-4 of GOI, MOD letter No.17(4)/2008(1)/D(Pen/Policy) dated 11.11.2008) in respect of Pre-2006 Armed Forces Family Pensioners shall not be less than 50% of the minimum of the fitment tables for the rank in the revised pay band.

4. Revised tables indicating minimum guaranteed retiring/ service pension and ordinary family pension have been annexed to this letter as follows:-

Annexure- A for Commissioned officers (Army, Navy, Air Force)
Annexure- B for JCOs/ ORs Pensioners (Army)
Annexure- C for JCOs/ ORs Pensioners (Air Force)
Annexure- D for JCOs/ORs Pensioners (Navy)

5. Pension Disbursing Agencies (PDAs) are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners where the existing pension being paid to the pensioners, is less than the rate of pension indicated in above said annexure.

6. The provisions of above Govt. letter shall take effect form 01.01.2006 and arrears, if any, shall be payable from 01.01.2006. Further, the Pension/ Family pension of the Armed Force Personnel has been revised a number of times in past vide various letters issued by Ministry of Defence, therefore, if pension already revised w.e.f. 01.01.2006, 01.07.2009, 24.09.2012 & 01.07.2014 (OROP) under respective Govt. orders happens to be more than this amount, then Retiring/ Service and Family Pension as per above orders will continue to be paid as basic pension during that period.

7. Prior to issue of above Govt. letter dated 30th September, 2016, this office has issued corrigendum PPOs on the basis of annexures mentioned in previous circulars for revision of minimum guaranteed pension for less than 15 years and 20 years of qualification service for JCOs/ ORs and Officers respectively. Now, consequent upon issue of the above Govt. letter dated 30th September, 2016, the revision of service element for less than 15 years and 20 years of qualification service for PBORs and Officers respectively will also be revised as per this circular only. Therefore, the Annexure for revision of service element as required by previous circulars is not necessary.

8. It is also mentioned that all cases of service element/ service pension in respect of War Injury Pensioners will be revised by the Pension Disbursing Agencies (PDAs). Therefore, the revision claims in respect of War Injury pensioners called for vide this office Circular No. 562 dated 13.06.2016 has been dispensed with henceforth.

9. Further, no table for Hony. Naik, Hony. Havildar and Havildar granted Hony. rank of Nb Subedar has been indicated. It is hereby clarified that since Hony. Rank of Naik, Havildar and Havildar holding Hony rank of Nb Sub are drawing pay in the pay scale of Sepoy, Naik and Havildar respectively, therefore, they are entitled for modified parity with reference to substantive rank held at the time of retirement/ discharge/ invalidment except Naik (TS) who draws the pay of Naik. Naik (TS) should be entitled for modified parity with respect to Naik rank.

10. Provisions of this circular will also be applicable to pensioners of TA and DSC (irrespective of single or dual pension).

11. LTA and Additional Pension will be regulated as per extant orders.

12. All other terms and conditions shall remain unchanged.

No. Gts/Tech/0167/XXIV
Dated:13.10.2016

sd/-
(C B Yadav)
Dy. Controller (Pensions)

Click to view the order

Authority: http://www.pcdapension.nic.in/

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What should be your Minimum Pension?

TABLE SHOWING THE REVISED MINIMUM FULL PENSION AMOUNT INSTEAD OF PRORATA PENSION TO ALL PENSIONERS WITH LESS THAN 33 YEARS OF SERVICE VIDE DoP&PW ORDER DATED 6.4.2016

Source : http://postalpensioners.blogspot.in/

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PCDA advises Pension Disbursing Agencies to step up the casualty Pensionary Award of the affected Pre-2006 pensioners/family pensioners

Revision of Casualty Pension in respect of Pre-2006 Defence Pensioners – Armed Forced Officer and JCOs/ ORs Pensioners / Family pensioners.

PCDA has released a Circular No.560 dated 08.06.2016 revising the Casualty Pension in respect of Pre-2006 Officers & family pensioners.

Office of the Principal CDA(Pensions)
Draupadi Ghat, Allahabad- 211014

Circular No. 560

Dated: 08.06.2016

To,

1. The Chief Accountant, RBI, Deptt. Of Govt. Bank Accounts, Central office C-7, Second
Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051

2. All CMDs, Public Sector Banks including IDBI Bank

3. Nodal Officers, ICICI/ HDFC/ AXIS/ IDBI Banks

4. Managers, All CPPCs

5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal

6. The PCDA (WC), Chandigarh

7. The CDA (PD), Meerut

8. The CDA, Chennai

9. The Director of Treasuries, All States.

10. The Pay and Accounts Officer, Delhi Administration, RK Puram and Tis Hazari, New Delhi

11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai

12. The Post Master Kathua (J&K)

13. The Post Master Camp Bell Bay

14. The Pr. Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair

Subject: Revision of Casualty Pensionary awards in respect of r/o Pre-2006 Armed Forced Officer and JCOs/ ORs Pensioners/ Family pensioners.

Reference: This office Circular No. 503 dated 17.01.2013,    Circular No.542 dated.27.05.2015, Circular No. 547 and 548 dated 11.09.2015.

******

Copy of GOI, MOD letter No. 16(01)/2014/D(Pen/Pol) dated 18th May, 2016 on the above subject is forwarded herewith for further necessary action at your end.

2.          As per provisions contained in GOI, MOD letter No. 17(4)/2008(1)D (Pen/Policy)/Vol-V dated 15.02.2011 issued in implementation of Government decision on the recommendations of 6th CPC, under which minimum guaranteed rates of various casualty pensionary awards for Pre-2006 Armed Forces Officers and JCOs/ ORs have been provided on the basis of the minimum of the pay in the pay band plus Grade Pay, Military Service Pay & ’X’ Group Pay where applicable. After issue of GOI, MOD of letters No.1(11)/2012/D(Pen/Pol) dated 17.1.2013, No.1(04)/2015(I)- D(Pen/Pol) dated 03.09.2015 and No.1(04)/2015(II)-D(Pen/Pol) dated 03.09.2015, the basis of the minimum guaranteed pension under Modified Parity has been changed as minimum of the fitment  table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of the minimum of the pay band.

3.           Further, in respect of disability pensioners, the minimum guaranteed rates of Disability Element/  Liberalized  Disability Element/  War  Injury  Element were already  revised  w.e.f. 24.09.2012 vide GOI, MoD letter No. 16(01)/2014/D(Pen/Pol) dated 10.04.2015 at the rates of the minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation  of  6th CPC  instead  of  minimum  of  the  pay band.  Similarly,  the  minimum guaranteed Special Family Pension, Dependant Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of JCOs/ ORs in respect of pre-2006 family pensioners of Commissioned Officers and JCO/ORs were also revised with reference to minimum of the fitment table for the rank in the revised pay band w.e.f.  24.09.2012 vide GOI, MOD letter No 1(16)/2012/D(Pen/Pol) dated 17.01.2013.

4.           Accordingly,  the  rates  of  Casualty  Pensionary  Awards of  all  Pre-2006  Disability pensioners/ Family Pensioners shall be revised with effect from 01.01.2006 on the basis of minimum of fitment table for the rank in the revised Pay Band as indicated under fitment tables annexed with SAI 1/S/2008 & SAI 4/S/2008 as amended and equivalent instructions for Navy and Air Force.

5.           General Guidelines: Implementation regarding revision of various elements of pension may be done keeping in view the following general guidelines:

(i)           Applicability:  These  Orders  are  applicable  to  all  Pre-2006  Armed  Forces  Officer, JCOs/ORs and their families who were/ are in receipt of Disability Pension/ Liberalized Disability Pension/ War Injury Pension, Special Family Pension/ Dependent Pension (Special)/ Liberalized Family Pension/ Dependent Pension (Liberalized)/ Second Life Award  of SFP/ LFP(in case of JCOs/ ORs ) on 01.01.2006 and onwards.

(ii)          Non Applicability:

The provisions of this letter do not apply in the following cases: –

a)          UK/ HKSRA pensioners.

(b)          KCIOs who are in receipt of pension in Pound or Sterling as on 01.1.2006.

(c)          Persons in receipt of Compassionate Allowance/ Guzara/ Reservists Allowance or any other allowance on which relief is not payable.

(iii)         Due/ Drawn Statements:

All  the  payments  already  made  shall  be  adjusted  by  preparing  due  and  drawn statement.  A  suitable entry regarding revised  Special  Family  Pension  /  Dependent  Pension (Special)/ Liberalized Family  Pension/ Dependent Pension (Liberalized ) /Second Life Award (in case of  JCOs/ ORs ) and Disability Pension/ Liberalized Disability Pension/ War Injury Pension should be made in Check Register/ Payment Register/ Pension Payment Scroll/ Pension Certificate etc.

(iv)         Over Payments/ Recovery of:

Any overpayment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies against arrears becoming due on revision of pension on the basis of these orders.

(v)          Life Time Arrears (LTA):

If a pensioner to whom benefit accrues under the provisions of this letter, had already died on or after 01.01.2006, the PDAs will itself revise the pension as per this order and LTA may be paid to the family pensioners or his/ her heir. Payment of LTA shall, however, be regulated as per the extant Government orders on the subject matter.

(vi)         No Revision where Pre-revised Pension is more beneficial:

In cases where pension has been finally sanctioned under the pre-revised orders and if it happens to be more beneficial than the pension becoming due under these orders, the pension already sanctioned shall not be revised to the disadvantage of the pensioners.

(vii)        No additional Commutation –

No commutation will be admissible for the additional amount of pension accruing as a result of this revision. The existing amount of pension commuted, if any, would continue to be deducted from the consolidated pension while making monthly disbursements.

(viii)         Elements to be revised by the Pension Disbursing Agencies:

(a)         Disability Element/ War Injury Element   (ANNEXURE- 1, 2, 3, 4, 5, 6 and 7)

(b)         Special  Family  Pension/  Liberalized  Family  Pension/  2nd    life  Award  (JCOs/Ors)

(ANNEXURE–A, B, C)

(c)         Special    Family    Pension/    Liberalized    Family    Pension/    Dependent    Pension

(Commissioned Officers)  (ANNEXURE– D)

Note-1: The amount of Disability Element already commuted out of pre-revised disability element should be deducted from the revised disability element till restoration of commuted portion of pension.

2: Tables given as Annexure 1 to 7 are for 100% disability/War Injury Element. For disability/War Injury Element lesser than 100%, the same shall be proportionately reduced.

3: The rounding off benefit for disability percentage, if applicable, under rules shall also be given.

(IV)        Dearness Relief:

Dearness Relief shall be admissible on the revised rates sanctioned from time to time vide Ministry of Personnel, Public Grievances and Pension (Deptt. of Pension and Pensioners’ Welfare) while calculating dearness relief on Casualty Pensionary Award.

6.           Cases to be referred to concerned Pension Sanctioning Authorities:

(a)          Disability Pension:

In cases where permanent disability is not less than 60%, the Disability Pension (i.e. total of Service Element revised in terms of Para-2.1 of GOI, MOD letter dated 04.05.2009 as amended from time to time plus Disability Element) shall not be less than 60% of minimum of the fitment   table   for   the   rank   in   the   revised  pay   structure   issued  for   implementation   of recommendation  of 6th   CPC  corresponding  to  the  pre-revised  scale  held  by Armed  Forces Personnel at the time of retirement/ discharge/ invalidment, subject to minimum of ` 7,000/- p.m. In such cases where aggregate of service element and disability element is less than 60% of minimum of the fitment table, such cases are required to be stepped up to 60% of minimum of the fitment table. As the corrigendum PPO will be required to be issued by the concerned Pension Sanctioning Authorities therefore, these cases shall be referred to the respective Pension Sanctioning Authorities for revision of pensioner.

(b)          Liberalized Disability Pension:

In cases where aggregate of Service Element (i.e. total of Service Element revised in terms of Para-2.1 of GOI, MOD letter dated 04.05.2009 as amended from time to time plus Disability Element) is less than 80% of the minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendations of 6th CPC, corresponding to pre-revised scale held by Armed Forces Personnel at the time of retirement/ discharge/ invalidment, such cases may be stepped upto 80% of minimum of the fitment table. As the corrigendum  PPO  will  be  required  to  be  issued  by  the  concerned  Pension  Sanctioning Authorities,  therefore,  these  cases  shall  be  referred  to  the  respective  PSAs  for  revision  of pension.

(c)          War Injury Pension:

All cases of War Injury Pension, irrespective of their qualifying service shall be forwarded to the concerned Pension Sanctioning Authorities through respective Record Offices in  ANNEXURE attached to this circular as the restriction of aggregate of War Injury Pension (Service Element plus War Injury Element) with reference to minimum of fitment table in the revised pay structure applicable from 01.01.2006 is applied till 30.06.2009.   However, the same is removed with effect from 01.07.2009 vide  GOI,  MOD letter No.  10(01)/D(Pen/Pol)/2009/Vol.II dated 19.01.2010.   In such cases, Pension Disbursing Agencies may not able to revise the War Injury Element as well as Service Element under these Government orders; therefore, such cases shall also be referred to the concerned Pension Sanctioning Authorities for revision of War Injury Pension through corrigendum PPOs or issue of instructions as the case may be.

Other cases:

7.           In cases, where Pension Disbursing Agencies are in doubt regarding the revision in individual case, the concrete cases with full details of pensioners and PPO number may be referred to:-

(i)            Pr. CDA(P) Allahabad:

All types of cases pertaining to the Commissioned Officers(Army) and Air Force & Navy (retired prior to 01.11.1985) to the O I/ C, G-1/ Military Section O/o the PCDA(Pensions) Draupadi Ghat, Allahabad- 211014 and O I/ C, G-3 Section for disability pension /War Injury Pension pertaining to the JCOs/ORs (Army) & Air Force/Navy personnel(invalided out/discharge prior to 01.11.1985). The details of officers to whom cases will be referred are as under: –

(ii)         PCDA (Navy), Mumbai:

Cases pertaining to the Commissioned Officers and PBORs of the Navy retired on or after 01.11.1985 may be forwarded to;

Smt. Vandana Shetty, Sr.AO

O/o the PCDA (Navy) Mumbai-400039

(iii)         CDA (AF), New Delhi:

Cases pertaining to the Commissioned Officers of the Air Force and PBOR  retired on or after 01.11.198 may be forwarded to;

8.           Pension  Disbursing  Agencies  are  hereby authorized to step  up  the  casualty Pensionary Award of the affected Pre-2006 pensioners/family pensioners whose existing pension is less than the rate of pension indicated in Annexures attached to this Circular.

9.            All other terms and conditions shall remain unchanged.

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

11.      This  circular  has  been uploaded  on this  office  website  www.pcdapension.nic.in  for dissemination to all alongwith Defence pensioners and Pension Disbursing Agencies.

No. Gts/Tech/05/LXXVI, Dated: 08.06.2016

(Nasim Ullah)
Asst. Controller (Pensions)

Download PCDA Circular No.560 dated: 08.06.2016

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North Block, New Delhi-110001
Dated the 12th May, 2016

To
All the Chief Secretaries of State Governments/UTs.

Subject: Revision of pension of pre-2006 pensioners of All India Services – delinking the pension from qualifying service of 33 years.

Sir,
I am directed to refer to the above mention subject and to say that in compliance of the judicial pronouncement, the Department of Pension & Pensioners vide its O.M. No. 38/37/08-P&PW(A) dated 06/04/2016 has decided that the pension of pre-2006 pensioners, in no case, shall be lower than 50% of corresponding scale in the fitment table delinking the pension from qualifying service of 33 years and the same is to be revised w.e.f. 0`1.01.2006. The applicability of the provisions of the aforesaid O.M. dated 06/04/2016 to All India Services pensioners of pre-2006 has been considered by this Department and it is decided that provisions of the aforesaid O.M. of Department of Pension & Pensioners Welfare shall be applicable mutatis-mutandis to All India Service pensioners of pre-2006.

Yours faithfully,

(Rajesh Kumar Yadav)
Under Secretary to the Government of India

DoPT Circular

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Special benefit in cases of. death and disability in service- Revision of Disability Pension/Family pension of Pre-2006 disability pensioners/ Family Pensioners-regarding.

No.45/3/2008-P&PW (F)
Government of India
Ministry of Personnel,Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003.
Dated the 29th April, 2016.

OFFICE MEMORANDUM

Subject: Special benefit in cases of death and disability in service – Revision of Disability Pension/Family pension of Pre-2006 disability pensioners/ Family Pensioners -regarding.

The undersigned is directed to say that the pension of pensioners/family pensioners who were drawing pension/family pension as on 1.1.2006 under the CCS(EOP) Rules was to be revised in accordance with Department of Pension & Pensioners’ Welfare OM No.38/37/2008-P&P&W(A) dated 1.9.2008. Accordingly, instructions were issued vide this Department OM of even number dated 30th September, 2010 for extension of benefits of modified parity to past pensioners for revision of disability pension/family pension covered under CCS(EOP) Rules.

2. Orders were issued vide this Departments OM No.38/37/2008-P&PW(A) dated 28th January, 2013 for further stepping up of normal pension/family pension to 50%/30% of the sum of minimum pay in the pay band and grade pay corresponding to the pre-revised pay scales from which the pensioner had retired, as arrived at with reference to the fitment table annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August 2008. It was decided to extend this benefit to pre-2006 disability pensioner/family pensioner covered under the Central Civil Services (Extraordinary Pension) Rules vide this Departments OM of even number dated 20.11.2014.

3. Orders have been issued vide this Departments OM No.38/37/2008-P&PVV(A) dated 30.7.2015 to revise the pension/family pension of all pre-2006 pensioners/family pensioners in accordance with this Departments OM No.38/37/2008-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.09.2012. Accordingly, it has been decided that the benefit of revision of disability pension/extra-ordinary family pension in terms of this Departments OM of even number dated 20.11.2014 would also be applicable w.e.f. 01.01.2006 instead of 24.09.2012.

4. All other terms and conditions in the O.M. dated 3.2.2000, as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11. 2008, 30.09.2010 and 20.11.2014 shall remain unchanged.

5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their I.D Note No.1(5)/EV/2012, dated 23.02.2016.

6. All Ministries/Departments 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 officers are also advised to prominently display these orders on their notice boards for the benefits of disability pensioners/Family pensioners.

7. Hindi version will follow.

(Sujasha Choudhury)
Deputy Secretary

Original Copy from Pensioner Portal

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The Principal Controller of Defence Accounts (Pensions) issued an order regarding the arrears payment for the affected pre-2006 pensioners with effect from 1.1.2006.

“All pension disbursing authorities (PDAs) are therefore, requested to revise the pension in affected cases in terms of Govt. OM No. 38/37/08-P&PW (A), dated 06-04-2016 w.e.f 01.01.2006. Payment made w.e.f. 01.01.2006 will be adjusted against the arrears now being paid and these cases may be reflected in the monthly account sent to this office as ‘change item’.”

Revision of pension of Pre-2006 pensioners – PCDA pension circular C-149

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD – 211014
Toll Free No. 1800-180-5321

Circular No: C-149

No:-GI/C/0198/Vol-V/Tech
O/o the Pr.C.D.A. (Pensions)
Draupadighat Allahabad – 211014
Dated:- 08/04/2016

To,
The Treasury Officer
The PO-Master, Kathua, Srinagar (J&K)
The PO-Master, Campbell Bay (Andman & Nicobar)
The Defence Pension Disbursing Officer
————————————–
Pay & Accounts Officer
————————————–
Military & Air Attache, Indian Embassay, Kathmandu, Nepal (through Gorkha Record Officer, Kurnaghat, Gorakhpur)
Director of Accounts, Panji (Goa)
Finance Secretary, Gangtok, PO-I, Thimpu Bhutan
The General Manager (Nodal Officer, PSBs)
All Managers, CPPC of Public Sector Banks.
All Managers, CPPC of Authorized Private Banks.

Subject: Revision of pension of Pre-2006 pensioners – reg.

Reference: This officer Important Circulars No. 102 dated 11.02.2013 & C-144 dated 14-08-2015.
Attention of all Pension Disbursing Authorities is invited to above cited circulars wherein instructions had been issued for implementation of GOI, Ministry of P,PG and Pensions, Deptt of P&PQ OM No. 38/37/08-P&PW(A,) dated 28 January, 2013 w.e.f 01.01.2006. According to these orders “The revised pension of the pre-2006 pensioners shall not be less than 50% off 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, Subject to the pension so arrived will be reduced pro-rata, where the pensioner had less than the maximum required service for full pension as per rule 49 of the CCS (Pension) Rules, 1972 as applicable before 1.1.2006 and in no case it will be less than Rs. 3500/- p.m”.

(2) Now, GOI, Ministry of P, PG and pension, Dept of P&PW have further issued order under their OM No. 38/37/08 P&PW (A) dated 6th April, 2016, that “The revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the sum of minimum of the pay in the Pay Band and the Grade Pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table annexed to Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30th August, 2008 without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement.” Accordingly, Para 5 of the OM dated 28.01.2013 would stand deleted. The arrears of revised pension would be payable with effect from 01.01.2006.

(3) In case the consolidated pension calculated as per Para 4.1 of OM No. 38/37/08-P&PW (A) dated 01-09-2008 is higher than the pension calculated in the manner indicated in the OM dated 6th April, 2016, the same (higher consolidated pension) will continue to be treated as basic pension.

(4) 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.

(5) All pension disbursing authorities (PDAs) are therefore, requested to revise the pension in affected cases in terms of Govt. OM No. 38/37/08-P&PW (A), dated 06-04-2016 w.e.f 01.01.2006. Payment made w.e.f. 01.01.2006 will be adjusted against the arrears now being paid and these cases may be reflected in the monthly account sent to this office as ‘change item’.

(6) Where the PDAs are in doubt in regulating the payment of revised pension under these orders, the cases with full details of pensioner and PPO number etc. may be referred to Audit Section of this office for advice and further action.

sd/-
(Dr.Upinderbir Singh)
Dy. CD A (P)

Click to view the original order

Authority: www.pcdapension.nic.in

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Good News for Pre-2006 Pensioners – Indian Military Info article on comparison of Ministry of Personnel and Defence Ministry in dealing with Pension issues

Most readers would be aware that the orders regarding calculation of pension of pre-2006 retirees based on minimum of pay within the pay band for each separate grade/rank and not on minimum of the pay band itself, with arrears from 01-01-2006 rather than 24-09-2012, were issued for Central Government pensioners in July 2015 by the Government as per the decision of the Delhi High Court, which essentially followed a decision of the Punjab & Haryana High Court, and then upheld by the Supreme Court. The High Court had held that the anomaly (though later removed by the Government itself from 24-09-2012) had to be removed from the date of the inception of the anomaly, that is, 01-01-2006. Similar orders were later issued by the Ministry of Defence.

On a similar analogy, many decisions by various Benches of the Central Administrative Tribunal (and then upheld by the High Courts) were rendered de-linking the service requirement of 33 years for grant of full pension for pre-2006 retirees at par with post-2006 retirees for whom there is no such requirement. Some Special Leave Petitions preferred by the Government against such orders were also dismissed, though not by way of detailed decisions. The Punjab  Haryana High Court had also passed a detailed verdict on the same subject for pensioners of the Central Armed Police Forces. Till date, the pensions of pre-2006 pensioners with less than 33 years of service (including weightage) were being calculated by way of proportionate reduction.

Through this earlier post dated 22-01-2016, in view of multiple queries in this regard, I had informed by way of general information that the matter of issuance of orders on this subject for similarly placed retirees was being examined by the Department of Pensions & Pensioners’ Welfare, Ministry of Law & Justice and Ministry of Finance.

The Department of Pensions and Pensioners’ Welfare has now issued universal orders giving effect to the judicial decisions of the High Courts and has removed the requirement of 33 years service for full pension. Now, irrespective of length of service, all pre-2006 pensioners shall be eligible for full pension as is admissible to those pre-2006 pensioners who had rendered 33 years or more service including weightage. Full arrears are also admissible with effect from 01-01-2006. The biggest gainers would be voluntary retirees and those released from service on medical grounds or before completing full service. Similar orders should now be issued for defence pensioners also by the Ministry of Defence.

A word of caution- This change would not affect the concept of One Rank One Pension (OROP) applicable with effect from 2014 since while this development is based on 50% of minimum emoluments introduced by the 6th Central Pay Commission for each grade, the concept of OROP is based on live data of actual pension based on real time emoluments as per length of service of in-service personnel. Readers are hence requested not to mix up the two dispensations which operate by way of separate dynamics.

We must again place on record extreme gratitude to the Department of Pensions and Pensioners’ Welfare functioning under Ministry of Personnel, Public Grievances & Pensions which has once again taken a stand for all Central Government pensioners and ensured issuance of universal directions just on simple dismissal of a Special Leave Petition by the Supreme Court even without a detailed order. One cannot also help but compare this with the attitude of the Ministry of Defence which continues to file appeals against its pensioners and disabled pensioners based on artificial distinctions even when the law has been fully settled by the Supreme Court in a plethora of detailed landmark decisions and which also militates against the grain of the opinion expressed by the highest of political executive, including the Prime Minister. I however maintain and retain full hope that the current Raksha Mantri would be able to rein in the unruly horses.

Jai Hind.

Source: Indian Military Info

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