Interpretation/ clarifications/ advice given by Department of Pension & PW to MSDE

Compilation of rule based interpretation/ clarifications/ advice given by Department of Pension & PW to Ministries/ Departments during 01.01.2023 to 31.01.2023

I. Subject: Invalid Pension

II. Subject : Qualifying Service and counting of past service

III. Subject : Voluntary Retirement

IV. Subject: Revision of Pension due to detection of wrong fixation of pay and Recovery of Government dues and provisions of Waiving off

Relevant Rules/Order: 

Rule 66. of CCS (Pension) Rules, 2021

Case Description

Referring Ministry : Ministry of Skill Development and Entrepreneurship (MSDE) Reference No. – ODGT-F-2017 /2/2018-Estt.- 11(TA-II) dated 27.12.2022 (E-file No. 8514)

Shri A was granted 2nd ACP in the Grade Pay of Rs.6600/- w.e.f. the date of completion of 24 years,  i.e. 10/10/2007. Shri A retired on 31/01/2017 and his pension was fixed based in his pay in GP Rs. 6600/- He represented for grant of 3rd upgradation in GP of Rs.7600/- under MACP Scheme from 2013.

However, it was later found that Shri A was entitled to grant of 2nd ACP in GP of Rs. 4800/- only and 3rd MACP in GP of Rs. 5400/- only. Thus, there was an overpayment of pay and allowances from 10.10.2007 onwards.

MSDE sought advice whether, in view of wrong fixation of pay and pension earlier, downward revision of pension in respect of Shri R Sabapati would be in order or not

Gist of Advice of DoPPW

File No. 3803(03)/ 2023-P&PW(A) dated 10.01.2023

Rule 66 of CCS (Pension) Rules, 2021 as under:
MSDE has been advised to examine the matter as per Rule 66 of CCS (Pension) Rules, 2021.

Subject to the provisions of rule 7 and rule 8, pension or family pension once authorised after final assessment or revised under sub-rule (1) shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently:

Provided that no revision of pension or family pension to the disadvantage of the pensioner or family pensioner shall be ordered without the concurrence of Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorisation or revision of pension or family pension.

The question whether the revision has become necessary on account of a clerical error or not shall be decided by the administrative Ministry or Department.

If, consequent on revision of pension or family pension under sub-rule (2), an excess payment of pension or family pension is found to have been made to the pensioner or family pensioner and if such excess payment is not on account of any misrepresentation of facts by the pensioner or family pensioner, the administrative Ministry or Department. shall examine in consultation with the Ministry of Finance (Department of Expenditure) whether or not recovery of such excess payment can be waived off and issue appropriate orders in accordance with the relevant rules and instructions in this regard.

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IV. Subject: Revision of Pension due to detection of wrong fixation of pay and Recovery of Government dues and provisions of Waiving off

Relevant Rules/Order

Rule 66 of CCS (Pension) Rules, 2021

Case Descriptions

Referring Ministry: Ministry of Skill Development and Entrepreneurship (MSDE) Reference No. – ODGT-F- 2017/2 /2018 -Estt.- 11(TA-II) dated 27.12.2022 (E-file No.8514 )

Shri A was granted 2nd ACP in the Grade Pay of Rs.6600/- w.e.f. the date of completion of 24 years, i.e. 10/10/2007. Shri A retired on 31/01/2017 and his pension was fixed based in his pay in GP Rs. 6600/- He represented for grant of 3rd upgradation in GP of Rs.7600/- under MACP Scheme from 2013.

View: I. Grant of Invalid Pension even with less than 10 years service: Interpretation/ Clarifications/ Advice by DoP&PW

However, it was later found that Shri A was entitled to grant of 2nd ACP in GP of Rs. 4800/- only and 3rd MACP in GP of Rs. 5400/- only. Thus, there was an overpayment of pay and allowances from 10.10.2007 onwards.

MSDE sought advice whether, in view of wrong fixation of pay and pension earlier, downward revision of pension in respect of Shri R Sabapati would be in order or not

Gist of Advice of DoPPW

File No. 3803(03) /2023- P&PW(A) dated 10.01.2023

Rule 66 of CCS (Pension) Rules, 2021 as under: MSDE has been advised to examine the matter as per Rule 66 of CCS (Pension) Rules, 2021.

Subject to the provisions of rule 7 and rule 8, pension or family pension once authorised after final assessment or revised under sub-rule (1) shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently:

View: II. Qualifying Service and counting of past service – Verification done on completion of 25 years is treated as final: Interpretation/ clarifications/ advice given by DoP&PW

Provided that no revision of pension or family pension to the disadvantage of the pensioner or family pensioner shall be ordered without the concurrence of Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorisation or revision of pension or family pension.

The question whether the revision has become necessary on account of a clerical error or not shall be decided by the administrative Ministry or Department.

View: III. Proposal for treating resignation as voluntary retirement: Interpretation/ clarifications/ advice given by Department of Pension & PW to MoD

If, consequent on revision of pension or family pension under sub-rule (2), an excess payment of pension or family pension is found to have been made to the pensioner or family pensioner and if such excess payment is not on account of any misrepresentation of facts by the pensioner or family pensioner, the administrative Ministry or Department shall examine in consultation with the Ministry of Finance (Department of Expenditure) whether or not recovery of such excess payment can be waived off and issue appropriate orders in accordance with the relevant rules and instructions in this regard.

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7th CPC Concordance Tables for Armed Force pre-2016 pensioners: Issue of Concordance tables for revision of pension of pre-2016 pensioners/ family pensioners under the first formulation in implementation of Govt. decision on the recommendations of 7th CPC

F.No, PC-17(1)/2016/ D(P/P)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)

Room No.222, ‘B’ Wing,
Sena Bhawan, New Delhi-110011.
Dated: 10th June 2021

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

Subject: Issue of Concordance tables for revision of pension of pre-2016 pensioners/ family pensioners under the first formulation in implementation of Govt. decision on the recommendations of 7th CPC – regarding.

Sir,
The undersigned is directed to convey that Concordance Tables for fixation of notional pay for Armed Forces personnel who retired/died during the 4th 5th and 6th Pay Commission periods (including 3rd Pay Commission for sailors only) were issued vide this Ministry letter No. 17(01)/2017(02)/D (Pension/Policy) dated 17.10.2018. Para 2 of the ibid letter mentioned that Concordance Tables for JCO/ORs who discharged/ died in service prior to 1.1.1986 were under preparation.

2. In compliance with the above, Concordance Tables for fixation of the notional pay as of 01.01.2016 for JCOS/ORs of Army and Airmen of Air Force, who retired/died in various ranks after implementation of 3 CPC (01.01.1973), are enclosed herewith for further necessary action.
3. Due care has been taken in the preparation of these Concordance Tables. However, in case of any inconsistency in the concordance tables vis-a-vis the relevant rules/instruction, the notional pay and pension/ family pension of pre-1.1.2016 pensioners/ family pensioners may be fixed in accordance with the rules/ instructions applicable for fixation of pay in the intervening pay commission periods.
4. This issues with the concurrence of the Ministry of Defence (Finance/Pension) vide. their UO Note No. Part File (1) to 30(01)/2016/Fin/Pen dated 24.05.2021.

Hindi version will follow.

Encl: as above.

Yours faithfully,

(Ashok Kumar)
Under Secretary to the Govt. of India

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“Benefit of additional increment has been granted to those officers who were serving as on 1.1.2016. Those who retired/died before 1.1.2016 are, therefore, not eligible for increment after retirement for the purpose of pension.”

No.38/37/2016-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 21st December, 2018

Office Memorandum

Subject: Revision of Pension of Pre-2016 pensioners – Stagnation Increment regarding

The undersigned is directed to say that in pursuance of the decision taken by the Government on the recommendations of the 7th CPC, orders were issued vide this Deptt’s OM of even number dated 12.5.2017 for revision of pension/family pension in respect of pre-2016 pensioners/family pensioners by notionally fixing pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which the Government servant / pensioner retired/died. Concordance tables for fixation of notional pay / pension of pre-2016 pensioners were issued vide this Department’s OM of even number dated 6.7.2017.

2. References/representations have been received in this Department seeking clarification on the applicability of the OM dated 7.9.2016 for the purpose of notional pay fixation and revision of pension of pre-2016 pensioners and family pensioners w.e.f. 1.1.2016. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It is clarified that the benefit of additional increment has been granted to those officers who were serving as on 1.1.2016. Those who retired/died before 1.1.2016 are, therefore, not eligible for increment after retirement for the purpose of pension.

3. This issues with the approval of Department of Expenditure vide their I.D. No.1(3)/V-V/2018 dated 4.9.2018 and 1.D. No.1(3)/V-V/2018 dated 28.11.2018

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

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No. 17(1)/2017 (02)/D(Pension/Policy)

Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare,

New Delhi, dated: 17th October, 2018

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

Sub: Revision of pension of pre-2016 pensioners/ family pensioners in Implementation of Government’s decision on the recommendations of the 7th Central Pay Commission Concordance tables – regarding.

Sir,

The undersigned Is directed to convey that instructions were Issued for revision of pension/family pension with effect from 1.1.2016 in respect of Armed Force pensioners/ family pensioners who retired/ died prior to 1.1.2016 vide this Ministry’s letter No. 17(01)/2017(02)/ D(Pension/Policy) dated 5.9.2017. As per the same, revision of pension for pre-2016 Armed Force pensioners/ family pensioners under first formulation, was to be done by notionally fixing their pay in the pay

matrix recommended by the 7th Central Pay Commission in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/died. The notional pay fixation In 7th CPC pay matrix has to be arrived by fixing pay under each Intervening Pay Commission based on the formula for revision of pay. The revised rates of Military Service Pay, Non Practising Allowance, where applicable, and ‘X’ Group pay & Classification Allowance for JCO/ORs, If applicable, notified in terms of 7th CPC orders, shall also be added to the amount of pay notionally arrived at under the 7th CPC pay matrix and shall be termed as notional reckonable emolument as on 1.1.2016 for determining the revised pension/family pension in terms of para 5 of this Ministry’s letter dated 5.9.2017.

2. Based on past Instructions on fixation of pay in various pay commissions, concordance tables for fixation of notional pay for Armed Force personnel who retired/died in various ranks during the 4th, 5th and 6th Pay Commission periods (including 3rd Pay Commission for Sailors only) have been prepared and the same are enclosed herewith. In the case of commissioned officers who retired/ died in harness before 1.1.1986, these concordance tables may be used based on their notional pay as on 1.1.1986, which was fixed in accordance with this Ministry’s letter No 1(3)/98fD(Pen/Policy) dated 27.5.1998. Concordance tables for JCO/ORs who discharged/ died in service prior to 1,1.1986 (prior to 1.1.1973 for Sailors), are under preparation and shall be Issued separately.

3. These concordance tables have been prepared to facilitate fixation of notional pay of pre-2016 pensioners/ family pensioners by the concerned Record Offices and attached Pay Account Offices In case of JCO/ORs of the three Services and PCDA(O) Pune/ Naval Pay Office. Mumbai/ AFCAO New Delhi in case of commissioned officers of Army / Navy / Air Force respectively. Due care has been taken to prepare these concordance tables based on the fitment tables for fixation of pay from 3rd to 4th (only for Sailors), 4th to 5th, 5th to 6th and 6th to 7th Pay Commission. in case of any inconsistency in the concordance tables vis-a-vis the relevant rules / instructions, the notional pay and pension / family pension of pre-2016 pensioners / family pensioners may be fixed in accordance with the rules / instructions applicable for fixation of pay in the intervening Pay Commission periods.

4. The pension / family pension of pre-2016 Armed Forces pensioners / family pensioners may be revised using the appropriate concordance table in accordance with the Instructions contained in this Ministry’s above quoted letter dated 5.9.2017.

5. This issues with concurrence of Ministry of Defence (Finance/Pension) vide their UO No. Part.file 1 to 30(Ol)/2016/Fin/Pen dated 27.09.2018.

6. Hindi version will follow.

Yours faithfully,
(Manoj Sinha)
Under Secretary to the Govt. of India

Source: www.desw.gov.in

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7th CPC Pension Revision Status

All the Joint Secretaries (admin)/Admin in charge

Ministries/ Departments Government of India

Sub: Providing a link of CPAO website in the websites of Ministries/Departments and their attached/ subordinate offices to get the status of 7th CPC pension revision by the central civil pensioners.

Sir/Madam,

As you are aware that 7th CPC pension revision for Pre-2016 pensioners/family pensioners is going on in compliance to the DP&PW 0M dated 12th May, 2017. As on date, more than 5 Lakhs pension revision cases of central civil pensioners/family pensioners have been received in Central pension Accounting Office (CPAO). CPAO is receiving many queries from the pensioners/family pensioners regarding status of their pension revision. CPAO is providing the status of pension revision to the pensioners. The pension revision status can also be checked by the pensioners/family pensioners through CPAO website www.cpao.nic.in by entering their 12 digit PPO numbers. For the wider publicity of this facility among Central Civil Pensioners/family pensioners, it is felt necessary that a link of this facility available on CPAO website may be provided in the official websites of your Ministry/Department and its attached/subordinate offices for the benefits of pensioners.

It is therefore requested that a link of following URL Of CPAO website; http://cpao.nic.in/Pensioner/ppo_status.php may be created in the websites of your Ministry/Department by the NIC Wing under the caption-“Check Your 7th CPC Pension Revision Status”.

For any query, Sh. Davinder Kumar, Sr. Technical Director, NIC, CPAO maybe and email-kumardavinder@nic.in.

Source: http://www.pensionersportal.gov.in/

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1) DATE OF DEATH OF PENSIONER NOT MENTIONED IN COLUMN 3 [b]. (FAMILY PENSION CASE)

2) APPLICABILITY OF COMMUTED PENSION MAY BE CHECKED WHETHER IT IS APPLICABLE OR NOT.

3) CLASS/CATEGORY OF PENSION UNDER COLUMN 1 (g) MAY BE CHECKED.

4) NOTIONAL PAY SHOWN UNDER COLUMN 3 (e) MAY BE CHECKED.

5) PAY/NOTIONAL PAY SHOWN IN COLUMN 3 (e), DOES NOT MATCH WITH PAY FIXED UNDER 7TH CPC AS SHOWN IN COLUMN 4 (a).

6) LEVEL AND INDEX UNDER COLUMN 4 (a) MAY BE CHECKED.

7) BASIC PENSION IS NOT MATCHING WITH THE LAST PAY DRAWN AS PER 7TH CPC.

8) PAY MATRIX FOR LEVEL‐ 13 MAY BE CHECKED WITH REFERENCE TO REVISED PAY MATRIX IN TERMS OF MINISTRY OF FINANCE (DEPTT.OF EXPENDITURE) RESOLUTION DATED-16.05.2017.

9) PAY MATRIX FOR LEVEL-14 MAY BE CHECKED WITH REFERENCE TO REVISED PAY MATRIX IN TERMS OF DEPTT. OF PENSION & PENSIONERS WELFARE OM DATED – 13.09.2017.

Source: CPAO

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No. IV/NFIR/7 CPC (Imp)/2016/R.B.-Part II

Dated: 11/01/2018

The Member Staff,
Railway Board,
New Delhi

Dear Sir,

Sub: Revision of Pension of pre-2016 Pensioners/Family Pensioners pursuant to Government’s decision on the recommendations of 7th CPC – Concordance Tables for pension revision to the former Running Staff-reg.

Ref: Railway Board’s letter No. 2016/F(E)III/1(1)/7 dated 11/07/2017.

Railway Board’s attention is invited to the instructions issued vide Board’s letter dated 11/07/2017 (RBE No. 66/2017) vide which DoP&PW’s orders together with Concordance tables for revision of Pension of pre-2016 Pensioners/Family Pensioners have been circulated. The Concordance Tables circulated by the Board, unfortunately do not cover the pension revision of former Running Staff as no separate tables in favour of them staff have been circulated so far. Reports received by the Federation (NFIR) reveal that the Pension/Family Pension of pre-2016 Running Staff is not being revised by the Zonal Railways due to non-provision of separate Concordance Tables by the Railway Board.

In this connection, NFIR desires to clarify that in case of former Running Staff Pension/Family Pension is required to be calculated taking into account the Basic Pay + 55% add on pay element. A sample calculation sheet of the Pension in the case of pre-2016 Running Staff is enclosed as Annexure to this letter for appreciation and quick action.

NFIR, therefore, requests the Railway Board to communicate the Concordance Tables to the Zonal Railways for revision of Pension/Family Pension of former Running Staff. It is also urged that the Concordance Tables be finalized on the basis of specimen (vide Annexure to this letter) and instructions issued to the GMs of Zonal Railways.

DA/As above

Yours faithfully,

S/d,
(Dr. M. Raghavaiah)
General Secretary

Annexure to NFIR’s letter No. IV/NFIR/7 CPC (Imp)/2016/R.B.-Part II

Running Staff retired on 31/12/2005.      

Source : NFIR

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II.BHIKAJI CAMA PLACE,
NEW DELHI-110066

CPAO/IT&Tech/Revision(7thCPC)/19.Vol-III(C)/2016-17/143

03.11.2017

Office Memorandum

Subject:  Implementation of Government’s decision on the recommendations of 7th Central Pay Commission – Revision of pension of pre- 2016 Pensioners/ Family Pensioners, etc.-reg.

DP&PW vide OM No. 38/37/2016-P&PW (A) dated-12.05.2017 on the above subject had issued detailed instructions to all concerned to revise the pensions of pre-2016 pensioners/ family pensioners. But while issuing instructions to PAOs vide CPAOs OM No. CPAO /IT& Tech/ Revision (7th CPC)/ 19 Vol-III/2016-17/37 dated-25.05.2017 inadvertently an important point “that these orders would not be applicable for the purpose of revision of pension of those pensioners who were drawing compulsory retirement pension under Rule 40 of the CCS (Pension) Rules or compassionate allowance under Rule 41 of the CCS (Pension) Rules. The pensioners in these categories would continue to be entitled to get revised pension in accordance with the instructions contained in DP&PW O.M. No. 38/37/2016-P&PW(A)(ii) dated 04.08.2016” was missed.

Consequently, it has been noticed that some Ministries/Departments have revised the pensions of pensioners who were drawing compulsory retirement pension under Rule 40 of CCS (Pension) Rules, 1972 or Compassionate allowance under 41 of the CCS (Pension) Rules also and sent to CPAO. These cases are to be returned to the concerned PAOs by CPAO.

In view of the above, to avoid any further problems arising out of it, all Pr. CCAs/CCAs/ CAs/ AGs/ Administrators of UPS are requested to instruct their PAOs not to revise such cases.

This issues with the approval of the competent authority.

(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)

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R.B.E. No:155/2017

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

No. 2016/F(E)III/1(1)/7

New Delhi, Dated : 24.10.2017

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

Subject:   Revision of pension of pre-2016 pensioners/family pensioners in implementation of Government’s decision on the recommendations of the 7th Central Pay Commission-Concordance tables-reg.

A copy of Department of Pension and Pensioners’ Welfare (DOP&PW)’s O.M. No. 38/37/2016-P&PW(A) dated 13th September. 2017 along with Revised Table No. 51 & 52 on the above cited subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. DOP&PW’s Q.M. dated 06.07.2017, referred to in the enclosed Q.M. dated 13.09.2017, was circulated on Railways vide Board’s letter of even number dated 11.07.2017.

 S/d,
(G. Priya Sudarsani)
Joint Director, Finance (Estt.),
Railway Board.

F.No. 38/37/2016-P&PW(A)

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

3rd floor, Lok Nayak Bhawan.
Khan Market, New Delhi
Dated 13th September, 2017

OFFICE  MEMORANDUM

Subject: Revision of pension of pre-2016 pensioners / family pensioners in implementation of Government’s decision on the recommendations of the 7th Central Pay Commission-Concordance tables- regarding.

The undersigned is directed to refer to this Department’s 0 M. of even number dated 06.07 .2017 on the above subject and to say that there is some error in the entries relating to the ore-revised pay of Rs. 56050/- (6th CPC Grade pay . Rs. 10 000. 7th CPC Level 14)) in Table 51 and Table 52 enclosed therewith.

2.It is requested that the existing Table 51 and Table 52 may be substituted by the enclosed Table 51 and ‘Table 52. respectively. The revised entries have been shown in bold letters

End: As above

S/d,
(Harjit Singh)
Director

To

1. All Ministries/Departments of Government of India (as per standard mailing list)
2.  Controller General of Accounts. New Delhi
3. Comptroller & Auditor General of India. New Delhi
4. Central Pension Accounting Office. New Delhi

Table No.52

Scale of pay/Pay in the Pay Band & Grade Pay at the time of retirement

Signed Copy

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