Revision of pension of pre-1996
pensioners – inclusion of Non- Practicing Allowance (NPA) for revision
of pension of retired medical officers w.e.f. 1.1.1996.
No.38/31/11-P&PW(A)(Vol.IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and P.W
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and P.W
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi.
Dated the 14thOctober, 2014
Khan Market, New Delhi.
Dated the 14thOctober, 2014
OFFICE MEMORANUDM
Subject : Revision of pension of
pre-1996 pensioners – inclusion of Non- Practicing Allowance (NPA) for
revision of pension of retired medical officers w.e.f. 1.1.1996
The undersigned is directed to say that
in this Department’s OM No.45/10/98-P&PW(A) dated 17.12.1998, it was
provided that pension of all pensioners irrespective of their date of
retirement would not be less than 50% of the minimum of the revised
scale of pay introduced w.e.f. 1.1.1996. In this Departments OM
No.45/3/99-P&PW(A) dated 29.10.1999, it was clarified that in the
case of retired medical officers, Non-Practicing Allowance (NPA) was not
to be added to the minimum of the revised scale of pay as on 1.1.1996
for stepping up of the consolidated pension/family pension to 50% /
30% respectively, in terms of the OM dated 17.12.1998.
2. In its judgment dated 27.11.2013 in
Civil Appeal No.10640-46/2013 and other connected matters, Hon’ble
Supreme Court has observed that in accordance with Ministry of Health
and Family Welfare’s OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts
as pay for all service benefits including retirement benefits. Hon’ble
Supreme Court has further observed that clarification issued vide this
Department’s aforesaid OM dated 29.10.1999 is legally unsustainable.
Hon’ble Supreme Court has directed to recalculate the pension payable to
the Applicants (i.e. pre-1996 retired medical officers) by adding the
element of NPA. The Review Petitions filed by the Government against the
above mentioned judgment have been dismissed by Hon’ble Supreme Court
on 31.7.14.
3. It has now been decided, in
consultation with Ministry of Finance, Department of Expenditure and
Ministry of Law, Department of Legal Affairs to implement the
judgment dated 27.11.2013 of Hon’ble Supreme Court in CA No.10640-46 of
2013 and other connected matters. Accordingly, in the case of pre-1996
retired medical officers, NPA @ 25% shall be added to the minimum of the
revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay
scales from which the pensioner had retired, in cases where
consolidated pension/family pension was to be stepped up to 50% / 30%
respectively of the minimum of revised pay-scale in terms of OM
No.45110/98-P&PW(A) dated 17.12.1998 read with
OM No.45/86/97-P&PW(A) (Pt.) dated 11.5.2001.
4. This issues with the approval of
Ministry of Finance, Department of Expenditure vide their I.D. No.
518/E-V/2014 dated 29.9.2014.
5. Hindi version wiII follow.
(Tripti P. Ghosh)
Director
Director
Source: http://pensionersportal.gov.in/
#Non-Practicing Allowance, #NPA, pensioners portal orders, #Pre 2006 Pensioners, #Retired medical officers
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