Pre-2006 Archives - CENTRAL GOVERNMENT EMPLOYEES NEWS

Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners of Govt service

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Central Government Pension News

No.1/7/2017- P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
July 28, 2020

OFFICE MEMORANDUM

Subject: Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners, who were boarded out from service, with less than 10 years of qualifying service, due to an injury/ disability, attributable to Govt. service – regarding.

The undersigned is directed to say that, considering the hardship being faced by the disabled Government servants, covered under the provisions of CCS (EOP) Rules, the Government had decided to dispense with the minimum service required for earning service element of disability pension, with effect from 01.01.2006 and orders were issued vide OM No.33/5/2009-P&PW (F). dated 10th December 2010.

Also check: 7th CPC Concordance Table – Revision of pension pre-2016 pensioners/family pensioners

A doubt has been raised whether the provision of the aforesaid OM, dated 10.12.2010, would be applicable to the Government servants who were boarded out of service, prior to 01.01.2006, with a qualifying service of less than ten years.
The matter has been examined and it is clarified that Central Civil Government servants who were boarded out, prior to 01.01.2006, with a qualifying service of less than ten years and were in receipt of only the disability element of disability pension, would also be eligible for the service element of disability pension, w.e.f. 01.01.2006, in addition to the disability clement.
For calculating the disability pension w.e.f. 01.01.2006, the disability pension comprising, both the service element and the disability clement, will be notionally fixed from the date of boarding out and the same will be notionally revised in accordance with the orders tor revision of disability pension. issued from time to time. The actual payment of such revised disability pension would be payable only w.e.f. 01.01.2006, No arrears on account of grant of service element, for the period prior to 01.01.2006, would be admissible. The amount of service gratuity, if any paid, to the Government servant at the time of boarding out would be adjusted from the arrears of pension accruing as a result of these orders.
This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their ILD. Note No. 1(9)/EV/2019 dated 25/06/2020.
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.
The Administrative Divisions of all Ministries / Department & attached / subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

(Seema Gupta)
Director

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Railways: Revision of pension w.e.f. 01.01.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500 to Rs. 10500

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RBE No. 17/2019

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. F(E .(E)II1/2008/PN1/12

New Delhi, Dated : 04.02.2019

The GMs/Principal Financial Advisors,
All Zonal Railways/Production Units,
(As per mailing list)

Subject: Revision of pension w.e.f. 01.01.2006 of Pre-2006 pensioners who retired from the 5th cpc scale of Rs. 6500/- 10500/- regarding.

A copy of Department of Pension and Pensioners’ Welfare (DOP&PW’s) O.M No. 38/33/12-P&PW(A) dated 4th January, 2019 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. CCS (Revised Pay) Rules, 2008, correspond to Railway Services (Revised Pay) Rules, 9008. The Ministry of Finance, Department of Expenditure’s O.Ms No. 1/1/2008-IC dated 30.08.2008 and 43.11.2009, mentioned in the DOP&PW’s O.M. dated 04.01.2019, have been adopted on Railways vide this office’s latter No. PC-VI/ 2008 /RSRP / 1 dated 11 09.2008 and PC-VI / 2009 / I / RSR P/ 8 dated 22.12.2009 respectively.

The Railway Board’s instructions corresponding to the DOP&PW’s instructions referred to in their aforesaid O.M. dated 04″ January, 2019 are given under:-

DOP&PW’s instructions | Railway Board’s corresponding instructions.
O.M. No. 38/37/08-P&PW(A) dated 01.09.2008 | Letter No. F(E)II/2008/PN1/12 date 08.09.2008

O.M. No. 38/37/08-P&PW(A) dated 28.01.2013 | Letter No. F(E) III / 2008 / PN1 / 12 dated 11.02.2013
O.M. No. 38/37/08-P&PW(A) dated 30.07.2015 | Letter No. F(E) INI / 2008 / PN1 / 12 dated 31.07.2015

(G. Priya Sudarsani)
Director, Finance (Estt.),
Railway Board.

D.A.: as above

Source: Indian Railways

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Revision of Pension of Pre 2006 Pensioners who retired from posts where pay scales have been merged /upgraded: BPS writes to PM

admin — Sat, 05 Mar 2016 11:42:48 +0000

BPS appeal to the Prime Minister Regarding Revision of Pension of Pre 2006 Pensioners – Reg: minimum pension for Pre 2006 Pensioners who retired from posts where pay scales have been merged /upgraded

BHARAT PENSIONERS’ SAMAJ

(All India Federation of Pensioners’ Associations)

(Registered No. 2023 of 1962-63)

Member International Federation on Ageing.

Tornto (Canada)

2/l3-A – LGF Backside, Jangpura – ‘A’.

New Delhi – 110014

Mobile : 09868488199

No SG/BPS/016/01

dt: 01.03.2016

Shri Narendra Modi,

Hon. Prime Minister of India

South Block, New Delhi.

Dear Sir,

Sub: Revision of Pension of Pre 2006 Pensioners – Reg: minimum pension for Pre 2006 Pensioners who retired from posts where pay scales have been merged /upgraded.

Refz-i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08,

ii) DOP&PW OM. F.No. 38/37/08-P&PW (A) dated 3-10-08, 14-10-08 & 11-2-09

iii) DOP&PW OM. F.No. 38/37/08-P&PW (A) dated 30-7-2015

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

1. Sixth Pay Commission recommended for “Modified Parity” between Pre-2006 & post-2006 Pensioners. Its Recommendations were accepted by the Cabinet vide Resolution dated 29-8-08 cited above, which inter-alia provided 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 1-9-08.

2. Later on, DOP&PW made changes in the above said orders (vide Para 5 of OM dated 11-2-09 cited above) & inter-alia laid down the condition that “benefit of up-gradation of posts subsequent to their retirement would not be admissible to the pre-2006 pensioners in this regard.”

3. The above said condition changed the very nature and content of the decision of the Cabinet notified vide Gazette Notification dated 29-8-2008 as the said Resolution did not provide for it.

4. DOP&PW’s OM dated 11-2-09 has since been quashed by the CAT New Delhi vide OA 655/2010 directed for fixation of Pension as per Resolution dated 29-8-2008.

5. All SLPs of the Government in this regard, against the judgements of the CAT and High Courts, had been conclusively been rejected by the Apex Court vide its judgement dated 17-3-15.

5. a) DOP&PW vide OM dated 28-1-2013 ordered for Revision of Pension of Pre-20006 Pensioners to 50% of minimum of the Pay in the Pay Band plus Grade Pay of the Corresponding to Pre-revised scale w.e.f. 24-9-2012 whereas the decision of the Cabinet on 24-9-2012.

b) This order was modified and implemented w.e.f. 1-1-2006 vide DOP&PW OM dated 30-7-15 – as per Orders of the Supreme Court on 17-3-2015.

6. The order dated 30-7-15 only partially implemented the orders of the Courts and the orders are yet to be issued in respect of revision of Pension as per pay scales of merged/upgraded posts.

7. DOP&PW OM No. 38/77-A/09- P&PW(A) Pt. of 5.3.2015 (para 2) says “Hon’ CAT/PB in orders dt. 1.1 1 .201 1 directed that the past pensioners may be granted w.e.f. 1.1.2006 revised pension with ref. to Fitment Table for the Post, as adopted for pay fixation of serving employees.”

8. 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 category of pensioners did not classify post of pre January 01, 2006 retirees and all were entitled to pension as per a common formula”

9. All the above said judgements have been conclusively upheld by the Supreme Court.

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.

Yours faithfully,

sd/-

Er.S.C.Maheshwari

Secy.Genl

Bharat Pensioners Samaj

Source: http://scm-bps.blogspot.in/2016/02/bps-appeal-to-prime-minister-regarding.html

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Revision of pre-2006 JCOs/ORs pensioners/ Family pensioners: PCDA Circular No. 547

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Revision of pre-2006 JCOs/ORs pensioners/ Family pensioners: PCDA Circular No. 547

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

Circular No. 547

Dated:11.09.2015

Subject:- Revision of pension in r/o pre-2006 JCOs/ORs pensioners/ Family pensioners
Reference:-This office circular No. 397 dated 18.11.2008 and last amendment made vide this office Circular No. 452 dated 21.02.2011, No. 453 dated 22.02.2011 and Circular No. 501 dated 17.01.2013.
Copy of MOD letter No. 1(04)/2015/(1)-D(Pen/Pol) dated 3rd September, 2015 on the above subject is forwarded herewith for further necessary action at your end.

2. As per provision contained in Para 5 of Ministry’s letter No 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended therein, wef 01.01.2006 revised pension and revised ordinary family pension of all pre-2006 Armed Force pensioners/family pensioners determine in terms of fitment formula laid down in Para 4.1 of above said letter dated 11.11.2008, shall in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay in pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired discharged/ invalided out/ died including Military Service Pay and ‘X’ Group Pay, where applicable.

3. After issue of GOI, Ministry of Personnel, PG & Pensioners, Department of Pension & Pensioners’ Welfare letter No. 38/37/08-P & PW (A) dated 30.07.2015, it has been decided that with effect from 01.01.2006 pension/family pension of Pre-2006 JCOs/ORs pensioners/Family pensioners shall be determined as fifty and thirty percent respectively of the minimum of the fitment table for the Rank in the revised Pay Band as indicated under fitment tables annexed with 1/S/2008 as amended and equivalent instructions for Navy and Air Force, 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.

4. However, in case, the consolidated pension/family pension calculated as per Para 4.1 of this Ministry’s letter No. 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 is higher than the pension/family pension calculated in the manner indicated above, the same (higher consolidated pension/family pension) will be continued to be treated as basic pension/family pension. However, where revised pension in terms of GOI, MOD letter No. PC 10(1)/2009-D (Pen/Pol) dated 08.03.2010 and No. 1(13)/2012/D(Pen/Policy) dated 17.01.2013 is higher than the rates indicated in annexure attached with this letter, the same will be continued to be treated as basic pension/family pension from 1.07.2009 and 24.09.2012 respectively.

5. Accordingly,revised tables indicating minimum guaranteed pension/ Ordinary Family Pension has been annexed as

Annexure-A for Army pensioners
Annexure-B for Air Force pensioners
Annexure-C for Navy pensioners

Pension Disbursing Authorities 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 in terms of Ministry’s above letter dated 11/11/2008 as amended, is less than the rate of pension indicated in above said annexure.

6. All other terms and conditions shall remain unchanged.

7. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be allowed from 01.01.2006 up to the date where revised pension/family pension in terms of GOI, MOD letter No. PC 10(1)/2009-D (Pen/Pol) dated 08.03.2010 and No. 1(13)/2012/D (Pen/Policy) dated 17.01.2013 is lower.

8. This circular has been uploaded on this office website www.pcdapension.nic.in for dissemination across the Defence pensioners and PDAs.

No. Gts/Tech/0167IXXI
Dated: 11.09.2015

(G.K.Baranwal)
Deputy.Controller(Pensions)

Enclosure: Copy of MOD letter No. 1(04)/2015/(1)-D(Pen/Pol) dated 3rd September, 2015

Source: http://pcdapension.nic.in/6cpc/Circular-547.pdf

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27th Meeting of SCOVA: Items/Issues suggested for inclusion in the Agenda of the meeting – Illegal recovery of over payment pension, Smart Card to RELHS, Life time family pension, Pension Revision as PCAT Order etc

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27th Meeting of SCOVA: Items/Issues suggested for inclusion in the Agenda of the meeting – Illegal recovery of over payment pension, Smart Card to RELHS, Life time family pension, Pension Revision as PCAT Order etc.

N F RAILWAY PENSIONERS’ ASSOCIATION

Registered No. 1464

Standing Group Member. SCOVA

Identified by Ministry of Pension , Govt of India

Affiliated to Bharat Pensioner Samaj, New Delhi

Head Office : Pension Bhavan , Rest Camp, Pandu,

Guwahati – 781012, Assam

No. NFRPA/SCOVA/2015

Date :01-09-2015

To
Under Secretary
Govt of India
Ministry of Personnel Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
New Delhi – 110003

Sir,

Sub : 27th Meeting of SCOVA

Ref : Your letter No. 42(0712015-P&PW(G) dt. 25th Aug 2015

In confirming our participation In the meeting of SCOVA. I on behalf of the organization extend thanks for including the name of our Association in the Standing Group of Non Official Members of SCOVA the requisite information as asked for is furnished below.

1. Items/Issues suggested for inclusion in the Agenda of the meeting

The items are attached below.

2. Name of the representative of the Association to attend the meeting:-

Name : Shri Sakti May Kanjilal. General secretary

Contact No. +919954499382, Email : nfrp32010@gmail.com

Alternate Representative

Shri Bimalendu Chakrabortv, It.GenI.Secy

Contact No. 08016135 , Email : bimalendu1947@gmail.com

With regards.

Yours Sincerely,

537W

(s M KANJILAL)

General Secretary

Items and Issues for SCOVA Agenda

1. Illegal recovery of over payment of Pension

The O M no 45/10/98-P&PW(A}dated 17-12-1998 reads “The President is now pleased to decide that w.e.f 1.1.96, pension of all pensioners irrespective of their date w.e.f 1.1.96. pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced w.e.f. 1.1.96 of the post last held by the pensioner.” This stipulate that at the time of revision of pension w.e.f. 01-01-1996 , the minimum pension is to be fixed at 50 96 of the Minimum of the revised pay scale corresponding to the pre revised pay-scale introduced to the post from which the employee had retired. in other words, the consolidated revised pension as on 01-01-1996 has to be stepped up to 50 96. of the minimum of revised pay scale corresponding to the pay in the pre-revised pay scale of the post held by the pensioner in case the revised pension falls short of 50% of Minimum Pay in the revised Pay Scale. All affected pensioners were being paid accordingly w.e.f. 01-01-1996.

Later in pursuance to O.M. No. 38/37/08-P&PWIA) dated 2801-2013 of Deptt of Pension & Pensioner‘s Welfare, Govt of India. Pension of pre-2006 pensioners were revised upwards subject to the minimum calculated and indicated in column 9 of the table attached to the O M dated 28.01.2013. Unfortunately while implementing orders of O M dated 28.01.2013, Pre-2006 pensioners of Indian Railways suffered a setback as their pension was revised to their disadvantage and recovery ordered/commenced for no fault of the pensioner. Following example is placed to further clarify the issue:

The particulars furnished based on PPO issued after respective Pay Commissions.

Name: Shri INDRA NARAYAN WADADER.

Date of birth :01-06-1933, Date of retirement : 31-05-1991, Qualifying Service : 33years,

PPO No. Pno/Pen/Engg/14OS

(a) At the time of retirement in the Scale of 4th CPC

Pay scale at the time of retirement : Rs. 1400 – 2300, Pension: Rs.791

(b) At the time of 5th CPC scale w.e.f 1.1.96

Revised scale to the post as on 1.1.96 : Rs. 5000 – 8000

Consolidated Pension : Rs. 2409

Minimum Pension : Rs. 2500

(50% of the Minimum revised pay introduced to the Post as per Circular)

(c) Pension revised at 6th cpc w.e.f 01-01-2006

Revised scale in 1.1.1996 : Rs. 5000 – 8000

Consolidated pension : Rs. 5446

Corresponding scale to the post : PB Rs. 9300 -34800 GP Rs. 4200

Minimum Pension : Rs. 6750

[Fitment policy of fixation: Minimum Pay x 1.86 + PB]

Pension stepped up to the Minimum : Rs. 6750 w.e.f 1.1.2006

Pension re-revised vide OM dated 28-01-13 w.e.f 01.01.2006 and 24.09.2012

Pension wef 1-1-2006 – Rs. 5446

Pension wef 24-09-2012 – Rs. 5585

Recovery of overpayment started @ Rs 5000/ – PM s by PDA

From the above it is observed that in re~revising the pension revision of pension has been done by misinterpreting the Concordance Table. it is evident that. Concordance Table so attached to facilitate revision of Minimum Pension, is a post based Concordance Table which was interpreted by the authority as Scale based.

This downward revision in VI CPC when no clerical error is involved, is in violation of Rule 90 of Railway Services Pension) Rules. 1993. correspond to the Rule 70(i) of CCS (Pension Rules 1972.(Ref: DOP&PW No. 45/86/97-P&PWIA)-Part-III dt 24 July.1998).The association submits that effecting recovery from pensions after 14 years and that too when the pensioner is not at fault for over payment is not only unjustified but against all cannons of justice judicial pronouncements .Besides, The re-revision of Pension as above needs to be reviewed in its proper perspective and the recovery ordered should be stopped forthwith and amount recovered from the pensioners/ Family Pensioners may be refunded.

2 Non issue of Medical SMART CARD to RELHS Card holders of Railway Pensioners.

This has been brought to our notice that the Railway Medical Authority has not issued Medical Smart Card in most of the Railways. The condition of Railway Medical Service is not in its desired level so far the regular treatment of Pensioners is concerned. Requested to take

necessary steps

3. introduction of simplified procedure for application of grant of life time family pension to unmarried/widow/divorce daughter

Since the introduction of grant of family pension to the unmarried /widow/divorce daughter of the pensioner, no proper guide line has been issued to the different railways in respect of the documents to be submitted and procedure to be followed. neither is there any common format to be filled in by the applicants , and as a result .such pensioners are facing immense troubles. Hence, it is requested to formulate a common format of applications and the procedure to be followed for the convenience of the applicant.

In the greater interest of the poorer section of Widow/Divorced daughter of the pensioner the criteria for grant of life time family pension introduced in the recent past may please be modified so that genuine distressed daughters get the facility.

4. Incorrect implementation of PCAT order dated 01.11.2011 in OA 655/2010, which quashed DOP & PW OMs of 3.10.2008, 14.10.2008 & 11.02.2009

Ref:- OM 38/37/08-P&PW(A) dtd 30.07.2015,38/37/08-P&PW(A) dated 28.01.2013 Reg revision of pension of pre~2006 pensioners & the recommendations of Committee on the issue related to Defence Service personnel and Ex- Servicemen-2012 Revision of pension of pre-2006 pensioners Sir, I wish to point out that OM 38/37/08-P8PW(A) dtd 30.07.2015 is not implementation of Hon’ble PCAT order dated 01.11.2011 in OA 655/2010 in letter 8: spirit. It is in fact extension of OM 38/37/ 08-P&PW(A) dated 28.01.2013 issued prior to final confirmation of PCAT order by the Honorable supreme court which happened on 17.3.2015 on dismissal of Govt. SLPS. On 28.1.2013 the issue was subjudice & the OM dated 28.1.2013 had no linkage with PCAT judgment in OA 655/2010 OM dated 28.01.2013 had a linkage with PCDA(pension) Circular No.500 Dated: 17th January 2013. which was based on recommendations of Committee on the issue related to Defense Service personnel and Ex. Servicemen. PCAT order dated 01.11.2011 in OA 655/2010 quashed DOP & PW OMs Of 3.10.2008 , 14.10 2008 & 11.02.2009. Directing the Govt. to revised pension of all pre 2006 pensioners w.e.f 01.01.2006 as per OM 38/37/08-P&PW (A) dated 01-09-2008 which does not provide reduction of minimum guaranteed Pension on pro-rata to qualifying service. Thus Para 5 of OM dated 28.01.2013 was in contradiction to PCAT judgment dated 01.11.2011 under reference, its continuation vide even No OM dated 30.7.2015 Para 4 amounts to contempt of Hon’ble PCAT which needs to be set right w/o any delay. Under signed therefore, on-behalf of Bharat Pensioners Samaj, the largest Federation of Indian Pensioners, request you to review OM 38/37/08-P8PW(A) dtd 30.07.2015 to rectify the discrepancy pointed out.

5.Inclusion of Pension Federations in Standing Groups of SCOVA

The SCOVA functions to promote the following objectives

(i) To provide a feed back on implementation of policies/programme of the Department of Pension and Pensioners’ Welfare. (ii) To discuss and critically examine the policy initiatives; and (iii) To mobilize Voluntaryefforts to supplement the Government action.

Exclusion of major “Federations of Pensioners” like Bharat Pensioners Samaj would reduce the representative character of the SCOVA

More over, resolution circulated vide F. No. 42/8/2013-P&PW(G) Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners’ Welfare) Date: 18 July,2013 clearly states that the Standing Group would serve for three terms of two years each that means tenure of Standing Group was upto2019. The resolution dated 18.7.2013 does not mention that Terms & conditions of resolution circulated vide 41/22/2008-P&PW(G)29/OS/20092009 Will continue to apply.

In the light of the above submissions. SCOVA reconstitution may be reviewed.

Source: http://scm-bps.blogspot.in

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Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees: DESW Oder dated 19th Jan, 2015

admin — Thu, 19 Feb 2015 02:35:00 +0000

Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies

No 1(4)/2007/D(Pen/Policy)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi Dated, the 19th January, 2015

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

Subject: Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies -Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission reg.

Sir,

The undersigned is directed to say that orders were issued vide this Ministry’s letter No 1(4)12007/D(Pen/Policy) dated 21.8.2009 amended vide letter No 1(4)/2007/ D(Pen/Policy) dated 9.2.2011 regarding revision of restored amount of commuted portion of pension as well as notional full pension with effect from 1.1.2006 in respect of Armed Forces Personnel absorbees who had drawn lump sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and have become entitled for restoration of 45% of pension in the case of PBOR and 43’% of pension in the case of Commissioned officers.

2. In compliance of orders of Hon’ble CAT, Hyderabad Bench order in CP No 26/2012 in OA 710/2010, Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare vide their OM No 4130/2010-P&PW(D) dated 11th July 2013 has issued order that restored pension of those Government servant who had drawn lump- sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and whose pension has been restored from a date before 1.1.2006, the pre-revised restored pension (without DP) shall be revised with effect from 1.1.2006 by multiplying the same by a factor of 2.26, if the same is more beneficial than the amount of revised restored pension in terms of 6th CPC orders. These instructions have been issued as a special case and would not be taken into consideration for revision of pension on the basis of recommendations of next Pay Commission.

3. The undersigned has been directed to say that the provisions of Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare OM No 4/30/2010-P&PW(D) dated 1 lth July 2013 shall apply mutatis – mutandis to Armed Forces personnel absorbees.

4. The other terms and conditions prescribed vide this Ministry’s above mentioned letter dated 21.8.2009 as amended, which are not affected by the provisions of this letter, shall remain unchanged. Pension Sanctioning Authorities shall revise restored portion of pension of absorbee pensioners’ suo moto, if found beneficial, by issue of revised Pension Payment orders, where the restored pension has already been revised in terms of this Ministry’s above said letter dated 21.8.2009.

5. These orders issue with the concurrence of MoD (Finance/Pension) vide their ID No 31(08)/09/Fin/Pen dated 22.12.2014.

Hindi version of this order will follow.

Yours faithfully,

sd/-

( Prem Parkash )

Under Secretary (Pension/Policy)

Source: http://www.desw.gov.in/
[http://www.desw.gov.in/sites/upload_files/desw/files/pdf/D%28Pen-Pol%29-19-Jan-15.pdf]

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Payment of arrears of pension for the period 1-1-2006 to 23-9-2012: Kindly stop driving every affected individual pensioner to the Courts of law

admin — Tue, 08 Jul 2014 02:59:21 +0000

Payment of arrears of pension for the period 1-1-2006 to 23-9-2012: Kindly stop driving every affected individual pensioner to the Courts of law

BHARAT PENSIONER SAMAJ
(All India Federation of Pensioner’s Associations)
New Delhi – 110014

No SG/MOS PP/014/2

Dated: 07/07/2014

To
Dr.Jitendra Singh
Honerable MOS (PP)
GOI. M/O Personnel,PG & Pensions

Subject: Payment of arrears of pension for the period 1-1-2006 to 23-9-2012
Honorable Minister Sir.

Kindly stop driving every affected individual pensioner to the Courts of law. instead extended automatically to similarly placed pensioners Court Judgment confirmed or delivered by the Apex Court as was recommended by 5th CPC also vide their Para 126.5.
Sir. with reference to then MOS (P) answer dated 12.02.2014 in Lok Sabha to UNSTARRED QUESTION NO 3406 regarding PAYMENT OF ARREARS TO PENSIONERS your kind attention is drawn to the facts that Principal CAT order dated 1. l l .2011 in OA No.655/2010 quashed clarificatory OM dated 03.10.2008 and directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006. based on the Resolution dated 29.08.2008. While dismissing WP (C) No. 1535/2012 of UOI on 29-4-2013. Hon’ble Delhi High Court upheld the verdict of the CAT-PB. Dismissing SLP (C) No.23055/2013 filed by UOI against the judgement of Hon’ble Delhi High on 29-7-2013 and then Review Petition (C) No.2492/2013 on 12-11-2013 and finally Curative Petition (C) No. 126/2014 on 30-4-2014, Hon’ble Supreme Court upheld the Judgment of the Hon’ble Delhi High Court. With this CAT verdict dated 1-11-2011. referred to, has attained legal finality,

But unfortunately instead of implementing the said judgement in letter & spirit of all pre 2006 Pensioners DOP & PW going against the judgement. has taken a decision to implement it qua petitioners.

Sir. as is admitted in the answer to Lok Sabha unstarred Q.No 3406 Honerable CAT -PB order under reference has already been implemented from an arbitrary date 24.09.2012. Thus in all legality the arrears w.e.f. 01 .01 .2006 too should he paid to all & not only to a small section of pensioners who could afford to go to the Court of law.

Sir, Bharat Pensioners Samaj in its capacity as the largest & oldest organization of C.G. Pensioners over 550 Pensioners Associations affiliated/associated to it, appeal to you to ensure correct delivery of justice by implementing the judgement under reference to all pre 2006 pensioner so that other affected Pensioners in the evening of their live are not pushed to seek justice from court of law.

We are also request you to permit inclusion of this issue in the Agenda of 25th SCOVA meeting Sheduled to be held under your Chairmanship on 24th of July 2014.

Thanking you in anticipation

With regards
Sincerely yours
sd/- dated 06.07.2014
S.C. Maheshwari
Secy. Genl. Bharat Pensioners Samaj

Source: scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/07/payment-of-arrears-of-pension-for.html]

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One additional increment on 01.01.2006 for retired between Feb to Jun 2006: Finmin Clarification to Deptt. of Post

admin — Sun, 08 Jun 2014 14:16:29 +0000

One additional increment on 01.01.2006 for retired between Feb to Jun 2006: Finmin Clarification to Deptt. of Post

No. 4-4/2008-PCC (Corr.)
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POSTS
(Pay commission Cell)

Dak Bhawan, Sansad Marg
New delhi-110001
Dated: 04 Jun 2014.

To,
All Chief Postmaster General,
All Postmaster General,
All General Manager (F)

Sub:- Clarification for additional Increment for the officers/officials whose date of increment falls between Feb to Jun 2006 & retired before their DNI in 2006.

Please refer to this Directorate letter of even No. dated 20 Mar 2012 in which DOPT OM NO. 10/02/201-E.III/A dated 19 Mar 2012 was circulated.

2. A doubt has been raised by the PAOs & sought clarification on the above subject if the officers/officials whose date of increment falls between Feb to Jun 2006 & retired before their DNI in 2006 are entitled for one additional increment in pre revised scale on 01-01-2006.

3. The above issue has been examined in consultation-with Ministry of Finance & clarified vide UO No. 48817/E.III-A/2014 dated 21 May 2014 as under,-

“M/o Communications & IT is informed that this Department’s OM No. 10/02/2011- E.III-A dated 19-03-2012 is applicable only to those employees, who were due for increment between February and June, 2006. Those officials who were not in service on their due date of next increment are not eligible for one additional increment on 01-01-2006 in terms of this Department’s OM dated 19-03-2012″.

4. This is for information & further action.

sd/-
(Surender Kumar)
Assistant Director General(GDS/PCC)

Source: NFPE

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Representations regarding revision of pension of pre-2006 pensioner and issuance of mandatory e-authority by Pay & Accounts Officers: CPAO Order

admin — Tue, 29 Oct 2013 17:12:53 +0000

Representations regarding revision of pension of pre-2006 pensioner and issuance of mandatory e-authority by Pay & Accounts Officers: CPAO Order

Government of India
Central Pension Accounting Office
Department of Expenditure, Ministry of Finance
Trikoot-II, Bhikaji Cama Place
New Delhi-110066

CPAO/Tech/Clarification/2013-14/151

22.10.2013

OFFICE MEMORANDUM

Subject:- Representations regarding revision of pension of pre-2006 pensioner in the light of P&PW OM No. 38137108-P&PW (A) dated 28th January, 2013 and issuance of mandatory e-authority by Pay & Accounts Officers.

Department of Pension & Pensioners Welfare vide their OM No.38/37/08-P&PW (A) dated- 28.01.2013 has ordered to step-up the pension of pre-2006 pensioners upto 50% of the sum of minimum of pay in the pay band and grade pay corresponding to the pre-revised pay scale from which the pensioner has retired, as arrived at with reference to the fitment tables annexed to the Mb() Finance, D/o Expenditure OM dated-30.08.2008. To facilitate payment of revised pension/family pension a revised concordance table Annexure of the pre-1996, pre-2006 and post 2006 has also been enclosed with the OM dated-28.01.2013. Accordingly, necessary change in e-revision, e-filling utility was made by NIC, CGA to issue e-revision authorities for pre-2006 pensioners vide this office OM No. CPAO/Tech/e-Revision/2013- 14/33 dated-09.05.2013 read with OM No. CPAO/Tech/6th CPC/2013-14/42 dated- 16.05.2013 and issuance of e-revision authority was made mandatory with some exceptions vide this office OM No. CPAO/Tech/e-revision/2013-14/74 dated-26.06.2013.

2. Consequent upon the implementation of issuance of e- authority as mandatory some CAs/ PAOs are raising questions on imperfection of revised e-revision, e-filling utility software. After thorough examination of the orders on the subject, issued by Ministry of Finance and Deptt. of Pensions & Pensioners Welfare, it is observed that some posts in different organizations like Rajya Sabha Secretariat, Deptt. of Space, ITBP, Delhi Police, Assistants belonging to Central Secretariat Service, Stenographers Grade C (PA) of Central Secretariat Stenographer Service etc. were upgraded in the pre-revised scale of posts and were replaced by pay-band with higher grade pay in new pay structure of 6th Pay Commission. But these upgradations were applicable only from 01.01.2006. Obviously, these are not applicable for the pensioners who retired on or before 31.12.2005. This position was clarified by DPPW vide OM No.38/37/08-P&PW dated-11.02.2009. Para 5 of the OM clearly states that the benefit of upgradation of posts subsequent to their retirement would not be admissible to pre- 2006 pensioners.

3. Taking into consideration the above facts, revised e-revision, e-filling utility software has been developed which is perfect one in all respect. Therefore, it is requested to go through the P&PW OM dated-28.01.2013 alongwith the concordance table attached with it and fitment tables annexed to Ministry of Finance, Deptt. of Expenditure (Implementation Cell) OM No.1/1/2008 IC dated-30.08.2008 carefully.

4. If e-utility software shows any discrepancy it is an indication of misfeeding of data, hence required special attention and consultancy of fitment tables as referred above. In this context, some PAOs might have allowed the benefits of upgradation of posts to pre-2006 pensioners also. Initially due to non-availability of 5th CPCs Pay Scales in the software the check which is being applied in the revised e–utility software could not be made -effective. Hence, it is advised to issue the e-authority in all the cases with some exceptions mentioned in this office OM CPAO/Tech/e-revision/2013/14/75 dated-26.06.2013.

5. Earlier, some manual authorities might have been issued in which the benefits of upgradation has been allowed to pre-2006 pensioners also. Hence, a system generated list of revision authorities PAO-wise have been prepared for the convenience of PAOs to sort out the relevant cases for review and issue amendments, if required.

Keeping in view the volume of papers, the list is being sent through e-mail to each Pr.CCA/CCAs/CAs separately. Pr.CCA/CCAs/CAs may further distribute the same among ‘.their respective PAOs for further necessary action.

6.. In case of any doubt the matter may be referred to Department of Pensions & Pensioners Welfare for further clarification.

This issues with the approval of competent authority.

sd/-
Vijay Singh
Sr. Accounts Officer (Tech.)

Source: http://cpao.nic.in
[http://cpao.nic.in/pdf/cpao_tech_clarification_2013-14.pdf]

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Agenda Items for 23rd SCOVA Meeting to be held on 20th September, 2013 at New Delhi

admin — Fri, 13 Sep 2013 02:44:19 +0000

Agenda Items for 23rd SCOVA Meeting to be held on 20th September, 2013 at New Delhi

Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)
AGENDA ITEMS FOR 23rd MEETING OF STANDING COMMITTEE OF
VOLUNTARY AGENCIES (SCOVA) TO BE HELD ON 20th SEPTEMBER, 2013, AT
VIGYAN BHANVAN ANNEXE, NEW DELHI

AGENDA ITEMS

1.Submission of application in Form 14 be dispensed with for sanction of Family Pension :-

As details of family members eligible for family pension in the event of the death of the pensioner, joint photograph with the spouse and the amount of family pension payable in the event of death of the pensioner are available under Part II of the Pension Payment Order issued by the Pay and Accounts Officer or other designated authority. It is redundant and unnecessary to insist on submission of all these details in Form 14 for sanction of Family pension. On the death of the pensioner, a written request from the spouse along with a death certificate of the pensioner is sufficient to sanction the family pension. So the extant cumbersome procedure may be dispensed with and a simplified procedure introduced.

2. Extension of benefit of upgraded Grade Pay to pre-2006 retirees of S-12grade :-

Benefit of upgraded Grade Pay Rs 4600, introduced subsequently in place ofalready implemented GP Rs.4,200/- for S-12 grade in pre-revised scale of Rs 6,500-10,500 w.e.f 01.01.2006 in terms of O.M No. F.No 1/1/2008-IC dated 13.11.2009 of M/o Finance, Department of Expenditure is not extended to pre-2006 pensioners retired from S-12 grade. The clarification assumes importance in view of the need for protection of 50% of the minimum Pay in the Pay Band & Grade Pay in O.M dated 28.1.2013.

3. Complaints to Public Grievance:-

At present the complaints lodged with Public Grievances is forwarded to the Ministry. Therefore, complaints on Subordinate Officer take a long time to reach them(Subordinate Officer). It is therefore necessary that the complaints are forwarded directly to the officers against which the complaint is lodged to avoid undue delay.

4. Broad Banding of Disablility Element for Pre-1996 cases:-

In implementation of the 5th CPC recommendations, Dept of Pensions & PW had issued OM dated 03.02.2000 for revision of disability and family pensions for post 1996 disabled pensioners which, inter alia, applied the principle of broad-banding to compute reckonable percentage of disability. Vide OM dated 11.09.2001 the same benefits were extended to pre-1996 pensioners with effect form 01.01.1996, These orders, like others issued by DP&PW, are equally applicable to civil as well as defence pensioners.MOD, however, extended the broad-banding benefit to post-96 disabled pensioners only, vide its order dated 31.01.2001, denying it to the pre-96 lot. The 2009 Cabinet Secretary’s Committee, agreed to eliminate this anomaly, However, MoD(DESW) orders dated 19.01.2010 granted the benefit w.e.f 01.07.2009 only, completing ignoring the fact that the same benefit on the civil side has been extended w.e.f 01.01.1996. The matter was again raised with Deptt/ESW in August 2010. The need to apply the orders w.e.f 01.01.96 was accepted. However, the revised orders are yet to be issued even after lapse of nearly 2- 1/2 years.

5. Appointment of Specialists and General Medical Officer in CGHS :-

Aged Pensioners are unable to go to crowded Government hospitals and obtain specialist’s prescription as the Specialists in the Government Hospitals are not only reluctant to issue such prescription on one hand but also the waiting time is enormous in the hospital. It is suggested that Specialist of various disciplines may be appointed on contract as is now resorted to.

6. Problems faced by non -Smart Card (old card holders) of CGHS:-

As per instructions issued by the Govt. of India, Ministry of Health & Family Welfare vide letter No.6024/2007/CGH5(HR)CGHS(P) Dated 17.12.2012 the beneficiaries of CGHS can get treatment in all CGHS covered cities in India and there is no need for obtaining temporary attachment while on a visit to another CGHS city. It has been brought to the notice of this Association by the members that if they carry CGHS cards while on visit to out stations, their dependant members, who do not accompany them, face great difficulty in case of emergency as without card Wellness Centres do not entertain any patient. Even in case of serious emergency empanelled hospitals do not entertain any patient if the CGHS card is not produced to them within four hours of admission and treat the CpHS beneficiaries as ordinary patients and cashless treatment is not permitted. similar is the positions of the card holder if he leaves the card behind for use of his dependents in his absence or the dependent(s) goes to outstation. The Ministry of Health & Family Welfare is requested to find out a viable solution to this problem so that the beneficiaries of CGHS do not suffer during their visit to outstation.

7. Extension of benefit of OM dt. 28.1.2013 w.e.f 1.1.2006 instead of 24.9.2012:-

Govt. of India, M/o P&PG & Pensions, Department of Pension and Pensioner Welfare, New Delhi’s Ordr No.F-38/37/2008-P&PW(A) dated 28.1.2013. In the light of the judgement of the Hon’ble High Court of Delhi dated 29.04.2013 delivered with reference to Writ Petition No’s WP(C) 1535/2012, WP(C) 2348/2012,WP(C) 2349/2012 and WP(C) 2350/2012 read with Hon’ble Supreme Court of India’s decision in SLP (C) 23055 of 2013 of the Union OF India Vs CG S-(29) (SAG) Pensioners Association dated 29.07.2013, the date of effect mentioned in the GOI order dated 28/1/13 may be revised retrospectively from 1.1.2006 and arrears paid to the eligible Pensioners.

Forwarding letter by Pensioner Portal:-

F. No. 42/6/2013-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:- 6th September,2013

OFFICE MEMORANDUM

Subject: 23rd meeting of the Standing Committee of Voluntary Agencies (SCOVA) under the Chairmanship of Hon’ble MOS (PP) to be held on 20th September, 2013 at 4.00 PM in Vigyan Bhawan Annexe, New Delhi – Reg

– Venue & Time of 23rd SCOVA meeting.
– Comments on Fresh Agenda Items
– Confirmation of the participation

The undersigned is directed to say that the 23rd meeting of the Standing Committee of Voluntary Agencies(SCOVA) under the Chairmanship of Hon’ble MOS (PP) will be held on Friday, the 20th September, 2013 at 4.00 PM in:-

Committee Room-A,
Ground Floor, Vigyan Bhawan Annexe,
Maulana Axad Road,
New Delhi 110011

2. It is to say that the seven agenda items for discussion in the 23rd Meeting of SCOVA is enclosed herewith. The concerned Ministries/Departments are, therefore, requested to kindly furnish comments on the enclosed agenda items for 23rd meeting of SCOVA latest by 12th September, 2013 to the undersigned through Fax /Email (Fax No. / E-mail Address given below) and also in hard copy.

3. It is also requested that the name and telephone number of the official, not below the rank of Joint secretary/Director, nominated to attend the above meeting may kindly be sent to this Department early for further interaction relating to 23rd SCOVA meeting.

Sd/-
(Sujasha Choudhury)
Dy. Secretary (P)

Source: http://pensionersportal.gov.in/
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/SCOVA_120913.pdf]

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