Non payment of Dearness Relief on Disability Element While on Re-Employment
Department
of Principal Controller of Defence Accounts (Pensions) has published
the order regarding the subject of 'Non payment of Dearness Relief on
Disability Element While on Re-Employment'.
Principal Controller of Defence Accounts (Pensions)
Draupadi Ghat, Allahabad - 211014
Circular No. 166
No. AT/Tech/263- XVI
O/o the Pr. C.D.A. (P), Allahahad
Date: 07.03.2013
Sub: - Non payment of Dearness Relief on Disability Element While on Re Employment.
The
payment of dearness relief during re-employment / employment /
permanently absorption of pensioners / family pensioners under the
Central or State Government or in a Statutory Corporation / Company /
Body / Bank under them in India or abroad is not being regulated
correctly by various Pension Disbursing Authorities. Where some Pension
Disbursing Authorities are disallowing dearness relief to re-employed
pensioner of commissioned officer on disability element, others are
allowing in few cases.
Similar irregularities
have been noticed in case of pensioners of PBOR. The instances of not
allowing dearness relief to family pensioners during their employment
are also drawing attention of this office/Ministry from time to time.
The position on the subject is though clearly stipulated in Ministry of
Personnel, Public Grievances & Pensions. Deptt of P&PW letter
No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and Ministry of Defence
letter No. 79(1 )/95/D (Pen/Services) dated 2th August 2000 and Deptt of
P&PW UO No. 41/42/2007-P&PW(G) dt. 3-4-2008. However, position
is re-clarified as under for uniform implementation of above orders.
(a)
In case of re-employed pensioners who hold Group 'A’ post or posts of
the ranks of commissioned officers at the time of their re-employment
will not he entitled to any dearness relief on pension on the fact that:
(i) A certain portion of pension is taken into account and is not entirely ignored.(ii) The pay in the post of re-employment is not required to he fixed at the minimum of the scale in all cases, and(iii) Dearness allowance at the rates applicable from time to time is also admissible on the pay fixed on re-employment.
(b)
(i) The entire pension admissible is to be ignored in the case of civilian pensioner who held posts below Group 'A’ and those ex-servicemen who held posts below the ranks of commissioned officers, at the time of their retirement. Their pay on re-employment is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such civilian pensioners will consequently be entitled to dearness relief on their pension at the rates applicable from time to time.(ii) The ex-servicemen (PBOR) who retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given, the pay should he treated as fixed at a minimum only for the purpose of ignoring the entire pension and allowing dearness relief on pension.
(c) The disability
element is part of disability pension. therefore position explained at a
& h above will also apply for regulating dearness relief on
disability element during re-employment of pensioner drawing disability
pension.
(d)
The family pension received by the eligible central Govt.
employees/Armed Forces pensioners is, in any case, not taken into
account in determining their pay on employment therefore, dearness
relief at the rates applicable from time to time shall he admissible on
their family pension.
Incorrect payment of pension
is not only infringement of Govt. orders but also cause of concern to
pensioners. It is, therefore, requested o instruct Pension Paying
Branches / CPPC / Offices / Treasuries under your jurisdictions to
regulate the payment of dearness relief on pension /family pension on
re-employment / employment / permanently absorption of pensioners/family
pensioners as explained above.
sd/-
(P.N. CHOPRA)
Asst.CDA (P)
Source: www.pcdapension.nic.in
[http://pcdapension.nic.in/6cpc/Circular-166.pdf]
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