Monday, January 21, 2013

Minimum guaranteed pension to pre-2006 Commissioned Officers pensioners/family pensioners

No.1(11)/2012-D(Pen/Policy)
Government of India
Ministry of Defence,
Department of Ex-Servicemen Welfare

New Delhi, Dated 17th January 2013

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


SUBJECT: Implementation of the Government decision on the recommendations of Committee on the issues related to Defence Service Personnel and Ex-Servicemen. 2012 - Minimum guaranteed pension to pre-2006 Commissioned Officers pensioners/family pensioners.

Sir,
The under signed is directed to refer to this Ministry's letter No. 17(4)/2008(1)/D(Pen/Policy) dated 11.11.2008 as amended, issued for implementation of Government decision on the recommendations of the Sixth CPC for revision of pension/family pension in respect of pre-2006 Armed Forces pensioners/family pensioners. As per provisions contained in Para 5 therein, with effect from 1.1.2006 revised pension and revised ordinary family pension of all pre-2006 Armed Forces pensioners/family pensioners determined 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 percentage respectively, of the minimum of the pay in the 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. Accordingly, rates of minimum guaranteed pension/ordinary family pension for Commissioned Officers were notified under Annexure-II (for pensioners of regular Commission), Annexure-IIA (for pensioners of Military Nursing Services), Annexure-IIB (for pensioners of Territorial Army) and Annexure-IIC (Post-1996 Emergency/Short Service Commission pensioners) of this Ministry’s letter No.17(3)/2010/D(Pen/Policy) dated 15.11.2010 and No 17(4)/2008(1)/D(Pen/Policy)-Vol. VI dated 18.1.2011. The minimum guaranteed pension / family pension in respect of pre-1996 Emergency/Short Service Commission pensioners has, however, been notified vide this Ministry’s letter No 1(1)/2007-D(Pen/Policy) dated 3.9.2009.

2. In order to consider various issues on pension of Armed Forces personnel and Ex-Servicemen, the Government had constituted a Committee of Secretaries headed by Cabinet Secretary. The Committee in its Report have recommended that the minimum guaranteed pension/ordinary family pension of pre-2006 retiree Commissioned Officers pensioners/family pensioners should be determined with reference to minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendations of Sixth CPC instead of the minimum of the pay band.

3. The above recommendation of the Committee has been accepted by the Government and the President is pleased to decide that with effect from 24th September 2012 the minimum guaranteed pension and ordinary family pension in respect of pre-2006 Commissioned officers 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 SAI 2/S/2008 as amended and equivalent instructions for Navy / Air Force and SAI 4/S/2008, plus the Grade pay corresponding to the pre-revised scale from which the pensioner hod retired/discharged/invalided out/died including Military Service Pay, wherever applicable. It has also been decided that with effect from 24th September 2012 the minimum guaranteed pension and ordinary family pension in respect of pre-1996 EC/SSC pensioners / family pensioners shall be determined as fifty and thirty percent respectively, of the pay in the pay band corresponding to the pre-revised pay of Rs 10,500/- (in terms of Para 9(a)(i) of SAI 1/S/2008 as amended
and equivalent instructions for Navy / Air Force) plus the Grade pay of Rs. 5400 and Military Service Pay of Rs. 6000/-.

4. Accordingly, revised tables indicating minimum guaranteed pension/ordinary family pension has been annexed as Annexure-A (for pensioners of Regular Commission other than AMC/ADC/RVC), Annexure-C (for pensioners of TA), Annexure-B (for pensioners of AMC/ADC/RVC), Annexurc-C (for pensioners of TA), Annexure-D (for pensioners of MNS), Annexure-E (for pre-1996 EC/SSC pensioners), Annexure-F (for post-1996 EC/SSC pensioners) and Annexure-G (for post-1996 EC/SSC pensioners of AMC/ADC/RVC) to this letter. 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 this Ministry’s above quoted letter dated 11.11.2008 as amended, is less than the rate of pension indicated in above said annexures. Necessary implementation instructions to all concerned shall be issued by Principal CDA (Pensions) Allahobad on receipt of these orders.

5. All other terms and conditions shall remain unchanged.

6. The provisions of this letter shall take effect from 24th September 2012 and no arrears shall be allowed for the past period.

7. This issues with the concurrence of Finance Division of this Ministry vide theirI D No. PC 1/10(12)/2012/FIN/PEN dated 10.01.2013

Hindi version will follow.

Your faithfully
sd/-
Under Secretary to the Government of India

Click here to the Annexures
Source: www.cgda.nic.in
[http://www.cgda.nic.in/audit/01_11_2012.pdf]

Pre 2006 Pensioners : Benefits of 6th CPC to pre 2006 Pensioners - reg.

Pre 2006 Pensioners : Benefits of 6th CPC to Pre 2006 Pensioners - reg.

Whether the Central Government employees, who retired before 2006 have been deprived off the benefits of Sixth Pay Commission as recommended by the Central Pay Commission..?

The Minister of Personnel, Public Grievances and Pensions Shri.V.Narayanasamy answered in the Parliament to the question above quoted on 19th December 2012 as follows...

The orders for implementation of the recommendations of VIth Central Pay Commission for revision of pension of pre-2006 retirees were issued vide Department of Pension & Pensioners’ Welfare OM No.38/37/08-P&PW(A) dated 1.9.2008. As per para 4.1 of this OM, the pension/family pension of existing pre-2006 pensioners/family pensioners will be consolidated w.e.f. 1.1.2006 by adding together

(i) The existing pension/family pension

(ii) Dearness pension, where applicable

(iii) Dearness Relief @ 24% of basic pension/family pension plus dearness pension and

(iv) Fitment weightage @40% of the existing pension/family pension. In Para 4.2 of this OM, it is stated that fixation will be subject to the provision that the revised pension, in no case, shall be lower than fifty per cent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. These orders also provided for immediate payment of arrears on revision of pension by the pension disbursing banks. Subsequently, on some doubts being raised in this regard, Department of Pension & Pensioners’ Welfare issued an OM No.38/37/08-P&PW(A) dated 3.10.2008 and 14.10.2008 inter alia clarifying that the pension calculated at fifty per cent of the minimum of pay in the pay band plus grade pay under Para 4.2 of OM No.38/37/08-P&PW(A) would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale. The pension 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 on 1.1.2006 and in no case it will be less than Rs.3,500/-p.m.

Based on some petitions filed in the Central Administrative Tribunal by pre-2006 retirees, Hon’ble Tribunal held that the clarification issued vide OM No.38/37/08-P&PW(A) dated 3.10.2008 and 14.10.2008 were not in conformity with the recommendations of the Sixth Central Pay Commission and the O.M. dated 1.9.2008. Central Administrative Tribunal 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 and in the light of the observations made in the judgement dated 1.11.2011 of the Hon’ble CAT.

The Government has filed a Writ Petition in Delhi High Court challenging the judgement dated 1.11.2011 of the Hon’ble CAT. The matter is subjudice.

Retirement age of Central Government Staffs

Retirement age of Central Government Staff


Whether the Government proposes to increase the age of retirement of Government employees from 60 to 65..? and 

Whether various Departments of the Government has fixed different age limits for the purpose of retirement..? 

The Minister of Personnel, Public Grievances and Pensions Shri.V.Narayanasamy said in a written reply to the Lok Sabha on 5th December 2012 as follows... 

"There is no such proposal at present. As per Fundamental Rule 56, except as otherwise provided in the Rule, every Government Servant shall retire from service on attaining the age of 60 years".

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