Showing posts with label Pension orders. Show all posts
Showing posts with label Pension orders. Show all posts

Tuesday, December 6, 2016

Revision of provisional pension sanctioned under Rule of the CCS (Pension) Rules, 1972

Revision of provisional pension sanctioned under Rule of the CCS (Pension) Rules, 1972


Government Of India
Ministry of Personnel. PG & Pensions
Department of Pension & Pensioners’ Welfare


3rd Floor. Lok Nayak Bhawan
Khan Market,


New Delhi, the 30th November. 2016


 Office Memorandum

Sub:- Revision of provisional pension sanctioned under Rule of the CCS (Pension) Rules, 1972

The undersigned is directed to say that in pursuance of Government’s decision on the recommendations Of Seventh pay Commission, orders for revision Of pension Of pensioners w.e.f.1.1 .2016 have been issued on 4.8.2016.

2. The following categories of pensioners arc drawing provisional pension under Rule-69 of the CCS (Pension) Rules based 0n their pre-revised pay/pension:-

(i) Retired before 1.1 .2016 and sancüoned provisional pension under Rule-69 of CCS (Pension) Rules on account of departmental/judicial proceedings or suspension.

ii) Suspended before 1.1.20t6 ard sanctioned provisional pension under Rule.69 of the CCS (Pension) Rules on retirement on or after 1.1.2016.

3. The provisional pension sanctioned in the above cases may be revised in the normal course in accordance With the instructions contained in this Department’s NO.38/37/2016- dated 4.8.2016 issued for revision of pension of pre-2016 pensioners.

4. This issues with the approval of Department of Expenditure, Ministry of’ Finance ID No. J(21)/EV/2016 Dated 24.1 1.2016.

Hindi version will follow.

(Harjit Singh)
Director

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

Friday, October 28, 2016

National Emblem on the Identity Card of pensioners

National Emblem on the Identity Card of pensioners

No. 41/21/2000-P&PW-(D)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
DEPARTMENT OF PENSION & PENSIONERS WELFARE
LOK NAYAK BHAVAN, KHAN MARKET,
NEW DELHI, DATED THE 26TH October, 2016

OFFICE MEMORANDUM

Sub:- Issue of Pensioners Identity Card to pensioners - reg.

The undersigned is directed to say that instructions for issue of Identity Card to pensioners have been issued from time to time. In this Department’s OM of even numbers dated 25.7.2013, it was inter alia mentioned that it would not be necessary to have the National Emblem on the Identity Card of pensioners.

2. The matter has been reconsidered in consultation with the Ministry of Home Affairs keeping in view the provisions of State Emblem of India (Regulation of Use) Rule, 2007. Ministry of Home Affairs have indicated that they have no objection to the issue of Identity Card to retired Government personnel/pensioners with State emblem. The instructions/clarifications issued by this Department's OM in this regard stand modified to this extent.

3. All Ministries/Departments are requested to keep the above in view while issuing Identity Cards to pensioners who retired from the Central Government Civil Service. This provision will not be applicable in respect of the pensioners retired from the Autonomous Bodies, etc. Such autonomous bodies can, however, use their own logo on the Identity Cards, in accordance with the relevant instructions.
(Harjit Singh)
Director

Pension Orders

Friday, January 1, 2016

Revision of pension in r/o pre-2006 Commissioned Officers/JCOs/ORs pensioners/ Family pensioners


OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014
Circular No. 551
Dated: 28.12.2015

Subject :- Revision of pension in r/o pre-2006 Commissioned Officers/JCOs/ORs pensioners/ Family pensioners.

Reference:- This office Circular No. 547 dated 11.09.2015.

Pension Disbursing Agencies are aware that as per this office Circular No. 547 dt.- 11.09.2015, Service/Family Pension in respect of JCOs/ORs are to be revised w.e.f. 01.01.2006 by the Pension Disbursing Agencies as per tables attached with circular. Specific tables for revision of Special Pension/Invalid Pension/ Service Element of Disability Pension in respect of Pre- 01.01.2006 PBORs retirees discharged with less than 15 years of qualifying service and Service Pension of TA personnel irrespective of their qualifying service have not been prepared as the Pension Disbursing Agencies would not be in a position to revise such cases. Hence, such cases shall be referred to the Pension Sanctioning Authorities by Pension Disbursing Agencies on enclosed Annexure to issue corrigendum PPOs in affected cases.

2. Similarly the DSC personnel who are receiving two pensions, one for regular Army Service and other for DSC Service, their pension for DSC Service shall not be revised. The pension for regular Army service shall be revised under these orders by the Pension Disbursing Agencies. A reference for revision of pension for DSC service will be sent to PCDA (P) on attached Annexure for issue of Corr. PPO. However, Pension of DSC pensioners receiving only one pension for DSC service shall be revised under these orders from attached Table of the Army personnel. DSC pensioners who were on clerical duty and other duty, their pension shall be revised by the attached table for group ‘Y’ and group ‘2’ respectively.

3. Maximum term of engagement for various ranks is mentioned in Appendix ‘X’ of this office important Circular No. 501 dated 17.01.2013. To maintain the uniformity in the tables, the rates have been shown up to the qualifying service of 28 years for each rank. The Service Pension may be revised only up to maximum term of engagement.

4. In Annexure ‘C’ for Navy attached with GOI, MOD letter dated 03.09.2015 circulated vide Circular No. 547, the Column Nos. have been typed erroneously as 2, 3, 5……, same may be treated as re-numbered from ‘1’ upward accordingly. Column No. 21 of Annexure ‘B’ (Air Force) of GOI, MOD letter dated 03.09.2015 circulated vide this office Circular No. 547 has erroneously been typed as ‘2021’, the same may be read as Column No. ‘21’ instead of ‘2021’. Further, in column 9 of Annexure ‘B’, the rate shown for the rank of CPL ‘Z’ against the qualifying service of 25.5 years has erroneously been typed as ‘Rs. 5151’, the same may be read as Rs. 4922 instead of Rs. 5151.

5. Similarly, equivalence of ranks across the three services has also been provided in Circular No. 501 dt- 17.01.2013 and Circular No. 512 dt- 26.06.2013. The rank of Chief Mechanician is equivalent to Chief Artificer. Therefore, the pension of Chief Mechanician shall be revised according to Chief Artificer. As per this office ibid circular, the rank of Mechanician IV is equivalent to Artificer IV. Therefore, the pension of Mechanician lV shall be revised equivalent to Artificer- IV.

6. Further, revision under these order may be done on the basis of rank last held and not for the rank for which pensioned as the same has already been clarified in Note below Annexure-Ill of Gol, MoD letter dated 11.11.2008 circulated vide this office Circular No. 397 dated 18.11.2008 (as amended from time to time).

7. All other terms and conditions shall remain unchanged.

8. This circular has been uploaded on this office website www.pcdapension.nic.in for dissemination across the all concerned.
(G.K. Baranwal)
Dy. CDA (Pensions)
Click to view the order
Authority : www.pcdapension.nic.in

Wednesday, September 2, 2015

One day training Programme for dealing Assistants/Section Officers dealing with Pension related matters

One day training Programme for dealing Assistants/Section Officers dealing with Pension related matters
G.I., Dept. of PPG&P, O.M.No.56-1/2015 -P&PW Desk (C), dated 1.9.2015

Subject: One day training programme for dealing Assistants/Section Officers dealing with Pension related matters.

In continuation of this department’s OM of even number dated 26th August, 2015 on the above mentioned subject, the undersigned is directed to say that no nominations for the training programme, on pension matters to be held between 10.00 AM to 5.00 PM on 21st September, 2015 at Auditorium No.2, Ground Floor, Institute of Secretariat Training & Management, JNU Campus (Old), New Delhi- 110067, have been received in the department.

The training programme will be inaugurated by Hon’ble Minister of State (Personnel & Pension). Ministry of Agriculture etc. are, therefore, requested to ensure nomination of at least two suitable functionaries of appropriate seniority and dealing with Pension Matters to attend the above training course. The nominations in the Proforma given overleaf should reach the undersigned latest by 10th September, 2015 positively. You may also send the nomination through e.mail at seemagupta@nic.in .

Authority: www.pensionersportal.gov.in

Saturday, August 8, 2015

Absence of records of verification of service – What says CCS (Pension) Rules?

Absence of records of verification of service – What says CCS (Pension) Rules?

“Central Civil Service (Pension) Rules, 1972 on 29.8.2014 that in the absence of records of verification of service, the retiring Government servant may submit a written statement on plain paper stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement. The Head of Office shall, after taking into consideration the facts in the written statement admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant”.

Problems of Pensioners

The financial burden on account of pension has shown increasing trend because of, inter-alia, increase in the number of pensioners, periodic release of dearness relief, etc. it is because of pension liability likely to assume unsustainable proportions that the Government had taken decision in December 2003 to switch over form the “defined benefit” based pension to the “defined contribution” based pension scheme in case of Central Government civilian employees (except the Armed Forces) joining on or after 01.01.2004.

As regards lack of proper maintenance of records regarding delay in sanction of pension and other related problems after the employees retirement, a provision has recently been made by amending the Central Civil Service (Pension) Rules, 1972 on 29.8.2014 that in the absence of records of verification of service, the retiring Government servant may submit a written statement on plain paper stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement. The Head of Office shall, after taking into consideration the facts in the written statement admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.

This was stated by Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Rajya Sabha today.

Tuesday, August 4, 2015

Simplification of procedure for payment of pension and other benefits : Exercise of option regarding

Simplification of procedure for payment of pension and other benefits : Exercise of option regarding.
G.I., Dept. of Per. & Trg., O.M.No.25014/1/2014-AIS-II, dated 28.7.2015

Subject : Clarification on simplification of procedure for payment of pension and other benefits to AIS officers retiring from Govt of India/State Govt : exercise of option regarding.

The undersigned is directed to refer to this Departments Order No.25014/2/2002- AIS-II dated 11th April, 2007 wherein measures for simplification of payment of pension and other retirement benefits to All India Services officers retiring/retired from Government of India/State Government have been revised and the Government of India had taken over the entire pension liability of all the All India Service officers. Besides, all retiring All India Service officers either from the Central Government or State Government uniformly have the option of drawl of their pension through Government of India or through the State Government. However, in the aforesaid order dated 11th April, 2007, the issue of revocation of their earlier option for drawl of pension exercised by the All India Service pensioners was silent.

(2) Accordingly, keeping in view the aging factor and to ease and comfort in a retired life, the issue of exercising option for drawing pension either from Government of India or State Government was revisited in this Department in consultation with the Central Pension Accounting Office, Department of Expenditure and Department of Pension and Pensioners Welfare and has decided that the option exercised by the pensioner for drawl of pension/family pension either from the Government of India or State Government in reference to this Departments Order dated 11th April , 2007 would continue as “Zero option’ (option exercised at the time of retirement would constitute as zero option).

(3) Thereafter, the retired officer can further make two options for which the first option would be permitted without obtaining the permission of Central Government and the second option would require permission of the Central Government. No further option shall be considered after the Second option is permitted by the Central Government. The first option shall be applied by the pensioner to the Drawing Disbursing Authority Of her/his pension in the prescribed format (Annexure-I).

(4) The proposal for revocation of earlier options which required permission of Central Government shall be applied to the concerned Cadre Controlling Authority of All India Services in the prescribed format (Annexure-II) and such proposal shall be processed in consultation with the Chief Controller (Pension), Central Pension Accounting Office (Department of Expenditure), New Delhi for according approval of the Secretary of the concerned Cadre Controlling Authority .

5. It is to state that every time a change in option is made, it shall be notified to the Central Pension Accounts Office (Department of Expenditure) for carrying out necessary updation in its data base.

(6) The revised format for exercising zero option for drawl of pension in respect of retiring/retired members of All India Services is annexed as Annexure-III.

Authority: www.persmin.gov.in

Tuesday, October 7, 2014

Pre 2006 Pensioner’s Arrears from 01.01.2006: Law Ministry’s advise to DoP & PW

Pre 2006 Pensioner’s Arrears from 01.01.2006: Law Ministry’s advise to DoP & PW

Ministry of Law & Justice
Department of Legal Affairs
Dy. No.1295/LS/2014
F. No. 38/77-A/09-P&PW (Vol.II)

D/o Pension & Pensioners Welfare has referred this file to examine on the following issues:

(i) The Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five Member Bench of the Hon’ble Supreme Court headed by Chief Justice of India. Therefore, we may implement the CAT/High-Court order in respect of petitioners only subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. The implementation of CAT order will be subject to the clarification sought from the CAT and mentioned in Para 2 above.

(ii) We may implement the CAT order in respect of all pre-2006 pensioners subject to the final outcome of the pending SLP No. 36148-50/2013.

(iii) Although the Curative Petition has been dismissed. we may await the outcome of SLP No. 36148-50/2013 before deciding on the question of implementation of CAT order, subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition.

2. It is the case of Department of Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association v/s UOI and Ors. had acquired its finality consequent to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the High Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In these circumstances it is stated that order of tribunal passed in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association (SUPRA) acquires its finality. It is also mentioned in the reference note that a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending before the tribunal and is fixed for 15/5/2014.

3. In other matters wherein the Deprtment have filed SLPs before the Apex Court against the orders of the tribunal and the High Court and those SLPs are still pending and the Hon’ble Supreme Court had recorded the statement given by the Counsel of Respondents that ‘they shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances there is no possibility for filing any contempt against the Department.

4. Having exhausted all the possible available remedies. the Govt. is left with no other alternative but to implement the order passed by the CAT, which has been upheld by the highest Court of the land. In so far as the pending SLPs are concerned, there may not be any objection in awaiting the final outcome of the cases before taking a final decision.
May kindly see.
(R.S. Verrma)
Deputy Legal Adviser
08.05.2014
JS & LA (Shri. D. Bhardwaj)

Source: www.scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/10/law-ministry-never-advised-dop-pw-to.html]

#Pension Adalat, #Pensioners, #Pensioners Associations, #Pensioners Issues, #Pre-2006 Pensioners, #Central Government Pensioners,# Pension Arrears, #Pension Orders

Monday, October 6, 2014

Competent Medical Officer/Board for issuing certificate of disability for the purpose of family pension under rule 54 of CCS (pension) Rules, 1972

Pension Portal Orders : Competent Medical Officer/Board for issuing certificate of disability for the purpose of family pension under rule 54 of CCS (pension) Rules, 1972 – reg.

No.1/18/01-P&PW(E)(VoI.II)
Government of India
Ministry of Personnel. P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
the 30th September, 2014
OFFICE MEMORANDUM

Sub: Competent Medical Officer/Board for issuing certificate of disability for the purpose of family pension under rule 54 of CCS (Pension) Rules, 1972 – reg.

The undersigned is directed to state that rule 54 (6) of the CCS (Pension) Rules, 1972 had been amended vide this department’s Notification of even number, dated 25th April, 2008 to change the competent authority to issue a disability certificate from ‘a Medical Officer not below the rank of a Civil Surgeon” to ‘a Medical Board comprising of a Medical Superintendent or a Principal or a Director or head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation’.

2. The above amendment as made in order to comply with the guidelines, dated 18”th February, 2002, issued by the M/o Social Justice and Empowerment in pursuance of Persons with Disabilities (Equal Opportunities, Protection of justify and Full Participation) Rules, 1996.

3. Subsequently, the guidelines, issued vide Ministry of Health and Family Welfare Notification No.S.13020/1/2010. dated 18.6.2010, in pursuance of the Persons with Disabilities (Equal Opportunities. Protection of justify and Full Participation) Rules. 1996, do away with the Medical Board in cases other than those of Multiple Disabilities.

4. It has been decided in consultation with the Ministry of health & Family Welfare and the Ministry of Social Justice and Empowerment that for grant of family pension under the CCS (Pension) Rules, 1972, the authority competent to issue disability certificate would be as specified in the guidelines issued by the M/o Health & Family Welfare referred to in para 3 above. It has also been decided that for the past cases, the disability certificate issued either in pursuance of the guidelines, dated 18.06.2010 or in pursuance of rule 54(6) of the CCS (Pension) Rules, 1972 shall be acceptable.
sd/-
(D.K. Solanki)
Urder Secretary to the Government of India
Source: http://pensionersportal.gov.in/

Wednesday, October 1, 2014

Grant of Dearness Relief to Central Government pensioners and family pensioners – Revised rate effective from 1.7.2014.

Pensioners Portal issued orders on granting of Dearness Relief to Central Government pensioners and family pensioners with revised rate effective from 1st July 2014 from 100% to 107%…

F. No.42/10/2014-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: 29th Sept, 2014
OFFICE MEMORANDUM

Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners — Revised rate effective from 17.2014.

The undersigned Is directed to refer to this Department’s oM No. 42/10/2014-P&PW(G) dated April, 2014 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief (DR) payable to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 100 % to 107% w.e.f. 1st July 2014.

2. These orders apply to (i) All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners and (v) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan and are in receipt of ad-hoc ex-gratia allowance of Rs.3500/- p.m. in terms of this Departments OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department’s OM No. 23/3/2008-P&PW(B) dated 15.9.2008.

3. Central Government Employees who had drawn lump sum amount on absorption in a PSU/Autonomous body and have become eligible to restoration of 1/3 commuted portion of pension as well as revision of the restored amount in terms of this Department’s OM No. 4/59/97-P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 107% w.e.f.

1.7.2014 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lump sum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down In para 5 of the 0.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM No.4/29/99-P&PW(D) dated. 12.7.2000 refer.

4. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.

5. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained In this Department’s OM No. 45/73/97-P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F.No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension, will remain unchanged.

6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

8. The offices of Accountant General and Authorised Public Sector Banks are requested to arrange payment of relief to pensioners etc. on the basis of these instructions without waiting  for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, 11/34-80-II dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

9. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.

10. This issues with the concurrence of Ministry of Finance, Department of Expenditure conveyed vide their OM No. No 1(4)/EV/2004 dated 26th Sept.2014.
11. Hindi version will follow.
sd/-
(Charanjlt Taneja)
Under Secretary to the Government of India
Source: http://pensionersportal.gov.in/

Tuesday, July 2, 2013

Pre 2006 Pensioner's Court Case: Status as on 01 July 2013

Pre 2006 Pensioner's Court Case: Status as on 01 July 2013

STATUS OF THE CASES OF PRE 2006 PENSIONERS IN VARIOUS COURTS : AS ON 01.07.2013


COMPILED BY M. L. KANAUJIA, IRSSE / Chief Communication Engineer, N.E. Railway, (Rtd.)


ItemHEARD BYPETITION NO. & YEARLEAD PETITIONERNEXT
DATE
FIXED
FOR
HEARING
REMARKS IN BRIEF
1CAT-PB DelhiOA 1165 / 2011Pratap Narain & Ors Vs. MOP/flOP25.07.2013Case is for modified parity plus full pension on  20 years of service w.e.f. 1.1.2006. Govt. submitted its Counter on 11.07.12. Copy of Counter received on 17.12.12 and four weeks time was allowed for submission of  Rejoinder. In the meanwhile, MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table from which a pensioner had retired but prospectively i. e. from 24.09.12. Two issues are still remaining to be settled, namely, arrears from 1.1.06 and full pension at 20 years of service as per Cabinet approved Resolution dated 29.08.08.
2CAT-PB DelhiOA 2165 / 2011KR Srinivasan & Ors Vs. MOP/flOP25.07.2013Same as for  item 1 above.
3CAT-PB DelhiOA 247 of 201217 Petitioners25.07.2013Same as for  item 1 above.
4Lucknow HCSer.Ben.203 / 2010s29 UP Officers15.07.2013The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pensioner had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. Petitioners are pre 2006 Pensioners belonging All India Service Officers of Govt. of U.P. retired from pre revised pay scale of  Rs. 18,400-22,400. The U.P. Govt. implemented SCPC Report with certain modifications and issued G.O. No. Sa/3/1358 /Das-2010 dated 19.07.2010 fixing their revised pension at Rs. 26,500 w.e.f. 1.1.2006. The Pensioners grieance is that thier pension shold have been fixed at Rs. 27,350 w.e.f.  1.1.2006. The Court heard the case last on 1.7.2013, when as asked for by the Court earlier, UOI submitted a copy of the SCPC Report through a detailed affidavit. The Court is likely to hear the case again  in two week's time.
5Delhi HCWP(C)3359/
2010
s29,s26 Ex.ParaMil.No further date fixed for hearing so far as per website till 01.07.13.The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band plus grade pay corresponding to the Table concerning to pre revised pay scale from which pensioner had retired effective 24.9.12. Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.  
6Supreme CourtContempt Petition (Civil) 64/2009SPS Vains, Major General & Ors.29.07.13This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions. Petitioners are pre 2006 retirees Major Generals. MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has already   stepped their revised pension at  50% of sum of minimum of the pay in the pay band 4 plus grade pay and MSP, all corresponding  table of  pre revised pay scale from which they retired but w.e.f. 24.9.2012 and NOT  1.1.2006. Issue remains to be settled  isfor  arrears from 1.1.06, the date of implementation of SCPC Report.
7Supreme CourtCivil Appeal
2966 / 2011
U0I Vs SPS Vains Mj. General & Ors29.07.13This case is  same  as CP(C) No.64 of 2009 except  that in this case Petitioners are UOI & Ors. and Respondents are Pensioners. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.  Both cases are being heard  together by the hon.ble Supreme Court.
8Supreme CourtCivil Appeal 8875-8876 of 2011.U0I & Ors.Vs. Vinod Kumar Jain & Ors
(Avtar Singh)
   09 .07.13The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. AFT has given Judgment in favour of Pensioners but UOI has gone in appeal to Supreme Court. In the meanwhile, MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table but prospectively i.e. from 24.09.12. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.
9Supreme CourtCivil  Appeal  5367 -5368    OF  2005Principal Sec.(F & P), Govt. of Andhra Pradesh Vs.  A.P. Pensioners Samaj.19.07.13Three Judge Bench Matter.
10Delhi HCWPC No. 4572 of 2012All India S30 Pensioners Association Vs. UOI02.07.2013Full parity case wherein  writ, order or direction sought are : (a) setting aside the impugned judgment dated 6th March, 2012 passed by the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.937 of 2010; (b) calling for the records of the case from the Respondent Authorities; (c ) granting the reliefs prayed for by the Petitioners in their Original Application No.937 of 2010 filed before the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi; and Judgment thereof.
11CAT-PB/DelhiContempt No.158 of 2012CG SAG (S29) Pensioners Association, Shri Satish Verma, Rtd.CE Vs. Shri RC Mishra, Sec. DOP, MOP,GOI. and Shri Sumit Bose, Sec.DOE,MOF,GOI.07.08.2013This Petition is against non-compliance of orders passed by CAT-PB while giving Judgment in case of  OA 0655/2010 with other OAs. In view of  IR granted by Delhi HC on 21.5.12, hon.ble Court on 30.5.12 closed the case with liberty to move application  for revival of  CP as per the Orders of  hon.ble Delhi HC. Accordingly, after the dismisal of UOI Petition in Delhi HC, the revival application was put up which was heard on 24.5.13 and 28.5.13 and orders for isuue of notices to respondents  were passed.
12Supreme CourtSLP (Civil) 19784 of 2013Haryana Viduat Prasaran Nigam  Ltd & Ors Vs R K Agarwal and OrsDate of listing for hearing for admission is not fixed till updating on 1.7.13This SLP is againsst Punjab and Haryana High Court Judgment in case of CWP No. 19641 of 2009 R K Agarwal &Ors. Vs. HVPN Ltd & Ors. dated 21.12.2012.

Source: http://scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2013/07/status-of-cases-of-pre-2006-pensionerss.html]

Pensioners Portal Orders: Simplification of pension process for permanently disabled children/siblings and dependent patients - instructions reg

Pensioners Portal Orders: Simplification of pension process for permanently disabled children/siblings and dependent patients - instructions reg

No. 1127/2011-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Marke, New Delhi
Dated: 1st July, 2013.

OFFICE MEMORANDUM

Sub: Simplification of pension process for permanently disabled children/siblings and dependent patients - instructions regarding. This Department’s O.M. No.1/19/11-P&PW (E), dated 3.8.2011, O.M. No.1/6/2008-P&PW (E), dated 22.6.2010 and O.M. No.1/21/91-P&PW (E), dated 20.1.93 refer.

The undersigned is directed to state that a number of representations are being received in the Department of Pension & Pensioners Welfare about the difficulties being faced in getting the revised Pension Payment Orders (PPOs) issued for old parents and disabled children/siblings after the death of the pensioner family pensioner.

2. The matter has been examined and it has been decided that the employee/pensioner/family pensioner may, at any time before or after retirement/death of employee, make a request to the Appointing Authority seeking advance approval for grant of family pension for life to a permanently disabled child/sibling in terms of provisions contained in rule 54 of the CCS(Pension) Rules, 1972, which are reproduced as under:

Proviso (iv) to sub-rule 6 (iv,): before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so us to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child;

Sub rule 10 (B): Family pension ro the dependent disabled siblings shall be payable if the siblings were wholly dependent upon the Govt. servant immediately before his or her death and deceased Govt. servant is not survived by a widow or an eligible child or eligible parents.

3. In terms of sub-rule (10-A) (reproduced below) a request for advance approval to the grant of family pension to the parents may he made to the Head of Office.

Sub rule 10A (a): Family pension to the parents shall be payable if the parents were wholly dependent on the Govt. servant immediately before his or her death and she deceased Govt. servant is not survived by a widow or an eligible child.

(b): The family pension, wherever admissible to parents, will be payable to the mother of the deceased Govt. servant failing which to the futher of the deceased Govt. servant.

4. On acceptance of such a request, the Head of Office (HOO) will immediately issue a sanction order for grant of family pension to such children/siblings/dependent parents on their turn. No further authorisation for grant of family pension to the disabled child/sibling dependent parents would be required. The HOO and Pay and Accounts Officer (PAO) will maintain the details of such disabled children/siblings/dependent parents in the service book and pension file of the employee/pensioner to enable prompt processing of such requests. On the basis of this approval, the permanently disabled child/sibling/dependent parents will be authorised to receive family pension at the appropriate lime, i.e., after the death of pensioner and/or after the death / ineligibility of any other member in the family eligible to receive family pension prior to the disabled/child/sibling/dependent parents, as explained in the succeeding paragraphs.

5. The name(s) of permanently disabled child / children / siblings and or dependent/parents may be added to the PPO issued to the retiring Government servant if there is no other eligible prior claimant for family pension other than the spouse. No fresh PPO need to be issued in such cases and the family pension will be payable by the pension disbursing authority in the following order and the following manner:

(i) To the spouse — on the death of the pensioner - on production of death certificate of pensioner. This family pension will continue till death or remarriage of spouse. In the case of a childless widow, the family pension may continue even after her re-marriage as per rules.

(ii) To the permanently disabled Child/Children - on the death/remarriage of spouse — on production of such death certificate remarriage-intimation. Family pension to the spouse will he discontinued and family pension would be allowed by the PDA for life for permanently disabled children in the order prescribed in Rule 54 of the CCS (Pension) Rules, 1972.

(iii) To the dependent parents — first mother, then father - when claimants in (I) and (ii) die or become ineligible on production of death certificate/remarriage-intimation of spouse and/or death certificates of all permanently disabled children, family pension would be allowed by the PDA to dependent parents. This family pension would continue till death of the dependent parents.

(iv) To the permanently disabled sibling/s - when family pension to all above cases to be payable on account of death/re-marriage-on production of death certificates/ remarriage-intimation as applicable, the family pension will be allowed by PDA to the permanently disabled siblings.

6. For all other cases where there are other eligible prior claimants to family pension in accordance with rule 54 of CCS (Pension) Rules, 1972, the names of disabled child/children/dependent parents/permanently disabled sibling will be added to the PPO issued to the preceding eligible family pensioner, based on the authorisation made as in para 3 above. Family pension to these permanently disabled child/children/siblings/dependent parents will be payable after the death/ineligibility of the prior claimant, as the case maybe.

7. The authorisation as indicated above shall be made in the PPO or by issuing a revised authority if a child, parents or sibling is authorised for family pension after issue of the PPO. The revised authority shall take the usual route to the pension disbursing authority. The Pension Disbursing Authority shall start disbursing family pension to the permanently disabled child/sibling or dependent parents after the death of the pensioner/spouse/other family pensioner, as the case may be, on the basis of the PPO/revised PPO, approval of the appointing authority and the death certificate(s) of the pensioner and other family pensioners and the self-certificate for income.

8. Such an authorisation shall become invalid in case a person becomes member of family after issue/amendment of such PPO and is entitled to family pension prior to the disabled child/sibling/dependent parents at the time of the death of the pensioner/spouse. For example, the pensioner may marry/remarry after the death of first spouse or adopt a child. Such spouse/child may be eligible for family pension at the time of death of the pensioner or death/ineligibility of the spouse. A child adopted by the spouse of the pensioner shall not be treated as a member of the family of the deceased pensioner. A decision regarding grant of family pension in such cases will be taken by the Head of Office in accordance with the provisions of rule 54 of the CCS (Pension) Rules, 1972.

9. In order to facilitate the Bank Authorities to promptly sanction the family pension in such cases, the Govt. Employees/pensioners/their spouses may open a bank account of such children/siblings/parents and indicate this information to the Head of Office for inclusion in the PPO/revised authority.

10. As regards pensioners/family pensioners belonging lo the Indian Audit and Accounts Departments, these instructions issue after consultation with the Office of Comptroller and Auditor General of India.

sd/-
(Sujasha Choudhury)
Deputy Secretary

Source: www.pensionersportal.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PPO_010713.pdf]

Tuesday, May 28, 2013

Grant of Dearness Relief at the rate of FIFTH CPC w.e.f. 1 1.2013 : Pensioners Portal Orders 2013

F.No.42/13/2012-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: 24th May, 2013

OFFICE MEMORANDUM

Subject: Grant of Dearness Relief at the rate of 5th CPC w.e.f. 1 1.2013.

In continuation of this Department’s OM No. 42/13/2012-P&PW(G) dated 25th October, 2012, the President is pleased to grant the Dearness Relief at the rate of 5th CPC w.e.f. 1.1.2013 to the following :

(i) The surviving CPF beneficiaries who have retired from service between the period 18.11.1960 to 31.12.1985 and are in receipt of ex-gratia @ Rs.600/- p.m. w.e.f. 1.11.1997 under this Department’s OM No. 45/52/97-P&PW(E) dated 16.12.1997 are entitled to Dearness Relief @ 166% w.e.f. 1.1.2013.

(ii) The following categories of CPF beneficiaries who are in receipt of ex gratia payment in terms of this Department’s OM No. 45/52/97-P&PW(E) dated 16.12.1997 are entitled to DR @ 158 % w.e.f. 1.1.2013.

(a) The widows and dependent children of the deceased CPF beneficiary who had retired from service prior to 1.1.1986 or who had died while in service prior to 1.1.1986 and are in receipt of Ex-gratia payment of Rs. 605/- p.m.

(b) Central Government employees who had retired on CPF benefits before 18.11.1960 and are in receipt of Ex-gratia payment of Rs. 654/-, Rs.659/-, Rs. 703/- and Rs. 965/-.

2. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee. In their application to the Indian Audit and Accounts Department, these orders issue In consultation with the C&AG.

3. Orders have been Issued vide OM No. 38/6/2010-P&PW(A)(Pt.) dated 18th March, 2013 for revision of provisional pension sanctioned before 1.1.2006. Therefore, the revised rates of DR applicable after 6th CPC will be applicable to the revised provisional pension w.e.f. 1.1.2006.

4. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their OM No. 1(4)/EV/2004 dated 24th May, 2013.

5. Hindi version will follow.  

sd/-
(Charanjit Taneja)
Under Secretary to the Government of India

Source : www.pensionersportal.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/DR_240513.pdf]

Monday, February 25, 2013

PCDA Pension Orders 2013 : Counting of former service in respect of employees covered under New Pension Scheme.

Counting of former service in respect of employees covered under New Pension Scheme.

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

Circular No. 103.

Dated :- 8th February 2013

To,
----------------------------------------------
----------------------------------------------
----------------------------------------------
----------------------------------------------
(All Heads of Department under Ministry of Defence)

Subject : Counting of former service in respect of employees covered under New Pension Scheme.

As per existing practice Audit Report for counting of former service in respect of Defence Civilian Employees covered under old pension scheme is being rendered by the Office of the PCDA (P) Allahabad. However, consequent upon introduction of New pension scheme w.e.f. 01-01-2004, this office has stopped rendering audit report for counting of former service in r/o employees covered under New pension scheme. Now, it has been decided that this office will continue to Render Audit report to those employees who are covered under New Pension scheme till finalization of NPS Rules.

2.Therefore it is advised to forward affected cases as well as returned cases to render Audit Report.

No.GI/C/Misc/NPS-I/Tech.
Dated: 8th February 2013

sd/-
(ALOK PATNI)
ACDA(P)

Source: www.pcdapension.nic.in
[http://pcdapension.nic.in/6cpc/Circular-103.pdf]

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