Grant of 10 days Casual Leave to those Civilian Employees under Defence Establishments who are not entitled to 17 Holidays per calendar year

10 Days CL for Defence Civilian Industrial Employees

Grant of 10 days Casual Leave to those Civilian Employees under Defence Establishments who are not entitled to 17 Holidays per calendar year

Government of India
(Department of Defence)
Ministry of Defence
D(Civ.II)

Sub : Grant of 10 days Casual Leave to those Civilian Employees under Defence Establishments who are not entitled to 17 Holidays per calendar year

Reference MoD ID No 01(02)/2018/D(Civ-II) dated 21st March 2018 on the above-mentioned subject.

2. The matter has been further examined and it has been decided with the competent authority to extend the provision of 10 days casual Leave in terms of Para 9 of the Appendix -III of the CCS (Leave Rules) 1972 to Industrial Employees who are entitled to 16 Holidays in a year

(Dalpat Singh)
Under Secretary to the Govt of India

Os/Admin, Ordnance Factory Board,
10 A, S.K. Bose Road, Kolkata-700001

Implementation of Hon’ble Supreme Court Order dated 27.09.2018 in Contempt No.1860/2017 and 924/2018 and MA No. 1067/2018 in Civil Appeal No.2147/2011 with Contempt Petition (C) No.04/2018 in SLP(C) No.19790/2010 for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964

Supreme Court Order in respect of grant of Special Pension - DESW Order dt. 22.10.2018
Implementation of Honourable Supreme Court Order dated 27.09.2018 in respect of grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964. Dated 22.10.2018.

No.4(10)/2017-D(Pen/Legal)
Government of India
Ministry of India
Department of Ex-Servicemen Welfare
D(Pension/Legal)

Sena Bhawan, New Dehi
Dated 22.10.2018

To
The Chief the Naval Staff

Subject: Implementation of Hon'ble Supreme Court Order dated 27.09.2018 in Contempt No.1860/2017 and 924/2018 and MA No. 1067/2018 in Civil Appeal No.2147/2011 with Contempt Petition (C) No.04/2018 in SLP(C) No.19790/2010 for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964.

Sir,
I am directed to refer the cited Hon'ble Supreme Court Order dated 27.09.2018 and convey sanction of the Competent Authority for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964 to the ex-sailors appointed prior to 03.07.1976 and discharged on or after 03.07.1976 on expiry of 10 years of service.

2. The amount of pension payable is Rs.9000 (Rupees Nine thousand) per month to each of the ex-sailors under Regulation 95 Navy (Pension) Regulations, 1964, payable September 2018 as per the Court Order under reference.

3. The amount of gratuity and DCRG paid, be adjusted the amount payable. Necessary PPO may be issued immediately.

4. The expenditure incurred on this account will be paid under Charged Expenditure and be debited to the relevant Head of Account.

5. This issues with concurrence of Ministry Defence vide their U.O. No. 1023/Fin/Pen Dated 17.10.2018.

6. Govt of India, Ministry of Defence letter No. 4(10)/2017-D (Pen/Legal) dated 26th September, 2017 may be treated as cancelled.

Yours faithfully,
sd/-
(Ajay Kumar Agrawal)
Under Secretary to the Govt of India

View order
Source: http://www.desw.gov.in

7th CPC CGHS Contribution - Revised Table

7th CPC CGHS Contribution - Revised Table
The new contribution rates has been revised from 1st February 2017 after implementation of 7th Pay Commission.

7th CPC Pay Matrix Level	Contribution (Rs.)	Annual Contribution (Rs.)
Level - 1	250	3,000
Level - 2	250	3,000
Level - 3	250	3,000
Level - 4	250	3,000
Level - 5	250	3,000
Level - 6	450	5,400
Level - 7	650	7,800
Level - 8	650	7,800
Level - 9	650	7,800
Level - 9	650	7,800
Level - 10	650	7,800
Level - 11	650	7,000
Level - 12 & Above	1,000	12,000

Revision of disability pension and family pension under CCS(EOP)Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS (EOP) Rules

Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

No.1/6/2017-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003,
Dated the 10th October 2018

OFFICE MEMORANDUM

Subject: Revision of disability pension and family pension under CCS (EOP) Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS(EOP)Rules - inclusion of Non-practicing Allowance (NPA) for revision or disability pension and family pension covered under CCS(FOP) Rules to retired medical Officers - regarding

The undersigned is directed to say that orders were issued vide this Department’s OM No 45122/1997-P&PW (C) dated 11.9.2001 for revision of disability pension/Family pension under CCS(E0P)Rules in respect of Pre-1996 pensioners. These orders inter-alia provided for revision of Pension of Pre-1996 Disability Pensioners and family pensioners under EO.P Rules on the basis of the minimum basic pay in the revised pay scale applicable w.e.f 1 1.1996.

2. Vide this Department's OM No. 45/3/2008-P&PW(F) dated 30.9.2010, as amended vide OMs dated 20.11.2014, 29 4.2016 and 8.8.2016, orders were issued for revision of pre-2006 Disability Pensioners and family pensioners under EOP Rules on the basis of the minimum of the pay in the pay band plus grade pay or minimum of pay in the revised scare of pay applicable from 1.1.1996 corresponding to the pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30/8/2008.Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

3, In implementation of the judgment dated 27.11.2013 of Hon'ble Supreme Court in CA No. 10640-36 of 2013 and other connected matters, orders were issued. vide this Department's OM No. 38/31/2011-P&PW (A) (Vol.IV) dated 14.10.2014 that in the case of Pre-1996 retired Medical Officers, NPA at the rate of 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to pre-1996 pay scales from which the pensioner has retired in cases where consolidated pension/family pension was to stepped up based on minimum of revised pay scales.

4. Similarly, orders were issued vide OM NO.38/31/2011-P&PW(A) (Vol-IV) dated the 18th February, 2015 that in the case of pre-2006 retired Medical Officers, NPA @ 25% would be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above ) as on 01.01.2006 corresponding to the pre-revised pay scales from which they retired in case where pension / family pension is to be stepped up to 50% / 30% of the minimum pay respectively

5. It is hereby clarified that for the purpose of revision of Disability Pension/family pension of the pre 1996 pensioners under CCS(EOP) Rules also, NPA at the rate of 25% shall be added .to the minimum of the pay in the revised scale of pay on 01,01.1996 corresponding to the Pre 1996 pay scales in respect of the retired Medical Officers. Similarly, for the purpose of revision of Disability pension/Family pension of pre-2006 pensioners under CCS(EOP)Rules, NPA @25% shall be added to the minimum of the pay in the pay band plus Grade pay or minimum of the pay in the revised pay scale applicable from 01.01.2006 corresponding to the pay scale from which the pensioner retired.

6. The emoluments (minimum pay + NPA) to be reckoned for calculation of the Disability Pension/Family pension in terms of the above provisions would not exceed Rs. 30,000/- w.e.f 1.1,1996 and Rs.85,000 w.e.f 1.1.2006.

7. The other terms and conditions stipulated in this Department’s OM No. OM No. 45/22/1997-P&PW (C) dated 11.9.2001 and OM No 45/3/2008-P&PW(F) dated 30,9.2010, 20.11.2014, 29.4.2016 and 8.8.2016 shall remain unchanged.

8. This issues with the approval of Ministry of Finance, Department of Expenditure vide their ID No.1(3)/E-V/2018 dated 08.08.2018

(Sujasha Choudhury)
Director

Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs - relaxation of para 8.5 of O.M. dated 17.6.2010

Transfer on deputation/foreign service of Central Government Employees - DoPT Orders dt.18.10.2018

Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs

F.No.2/15/2017-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated: 18th October, 2018

OFFICE MEMORANDUM

Subject : Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States /UTs - relaxation of para 8.5 of O.M. dated 17.6.2010.

This Department's OM No. 6/8/2009-Estt.(Pay-II) dated 17th June, 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation / Foreign Service and other terms and conditions on the subject of deputation / foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous
Bodies, Union Territories Administration, local Bodies etc and vice-versa. Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/foreign service where Central Government is either lending authority or borrowing authority or both.

2. As per para 8.5 of the aforesaid OM, a Central Government employee shall be eligible for deputation / foreign service to posts in State Government / State Government Organisations/Governments of UTs / Government of UT's Organisations / Autonomous Bodies, Trusts, Societies, PSUs etc. not controlled by the Central Government only after he has completed 9 years of service and is clear from vigilance angle.

3. As per para 10 of the aforesaid OM, any relaxation of these terms and conditions will require the prior concurrence of the Department of Personnel & Training.

4. Various administrative Ministries / Departments / Borrowing Organisations have been approaching this Department for relaxation of the eligibility condition of minimum 9 years of service for proceeding on deputation / foreign service, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.06.20 10.

5. The matter has been considered in this Department and it has been decided that Ministries/Departments may consider and allow relaxations to para 8.5 of the OM dated 17.06.2010
with the approval of their Minister-in-charge in following category of cases:-

a) A Central Government employee after completion of 7 years of service in his/her cadre, may be allowed to go on deputation to any State of North Eastern Region and Jammu and Kashmir and Union Territories of Andaman & Nicobar and Lakshadweep or on foreign service to any entity controlled by and located in the said States/ Union Territories.

b) Central Government employees may be allowed to go on deputation to State Governments /Union Territories or on foreign service to any entity controlled by and located in the States/ Union Territories on spouse ground after completion of 6 years of service in the cadre.

6. The cases not covered by above dispensation will not be considered for relaxation. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(PayII) dated 17th June, 2010 as amended from time to time will remain unchanged.

7. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

8. These orders shall come into effect from the date of issue of this OM.

sd/-
(A.K. Jaii
Deputy Secretary to the Govt. of India

Source: https://dopt.gov.in/

Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006

Pension Revision for PBOR - PCDA Circular 607

Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006

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

Circular No. 607

Dated: 01/10/2018

To,
1.The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C-7,Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
2. All CMOs,Public Sector Banks.
3. The Nodal Officers, ICICI/HDFC/AXIS/IDBIBanks
4. All Managers, CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA(WC),Chandigarh
7. The CDA (PO),Meerut
8. The CDA Chennai
9. The Director of Treasuries, All States
10.The Pay and Accounts Officer, Delhi Administration, R K Puram and Tis Hazari, New Delhi.
11.The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12.The Post Master Kathua (J&K) and Camp Bell Bay.
13. The Principal Pay and Accounts Officer Andaman and Nicobar Administration Port Blair.

Subject:- Implementation of Govt. decision on the recommendation of the Cabinet Secretary's Committee - Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006.

Reference:- Circular No. 430 dated 10.03.2010.

Complaints/representations are being received in PSAs regarding revision of pension w.e.f. 01.07.2009 by various PDAs in respect of three trades of Air Force viz. ACH GO, Catering Assistant and MT Driver in Group Z instead of Group Y inspite of up gradation of these trades w.e.f. 10.10.1997.

2. Now, it has been decided by the competent authority vide MoD letter no. 1(4)/2012/D(Pension/Policy) dated 08.03.2018 that revision of pension of under mentioned trades be carried out as per pension revision tables meant for Group Y under Ministry's letter no. PC 10(1)/2009-D(Pen/Pol) dated 08.03.2010.

TRADE
ACH GO, Caterin Asst. And MTD

w.e.f. 10.10.1997
Pay Group IV equated to Group Y

3. In view of above, it is requested that such type of cases where PDAs are unable to revise pension due to change of group of trades, the same may be referred to the PSAs concerned through Record Office (who in turn will provide certificate/document showing trade of individual at the time of entry and also at the time of discharge) so that Carr. PPO, if necessary, may be issued in case to case basis.

4. All other terms and conditions shall remain unchanged.

5. The above amendments shall take effect from date of implementation of their respective orders. Arrears in affected cases shall be released by the Pension Disbursing Agencies.

6. This circular has been uploaded on this office website www.pcdapension .nic.in for dissemination across the all concerned.

sd/-
(Sushil Kumar Singh)
(Jt. CDA(P)

View order
Source: http://pcdapension.nic.in

Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.

Clarification on modalities of transfer of NPS - DoPT Orders dt. 11.10.2018

No.49014/2/2014-Estt.(C)-PT.I
Government of India
Ministry of Personnel, PG and Pensions
Department of personnel & Training

North Block, New Delhi
Dated: 11th October, 2018

OFFICE MEMORANDUM

Subject: Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.

The undersigned is directed to refer to this Department's 0M No.51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the 0M and had rendered one year of continuous service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the of offices observing days week). The scheme did not apply to Departments of Telecom & posts and Ministry of Railways.

2. As the scheme, after rendering three years' continuous service after conferment of temporary status, the casual labourers were to be treated at par with temporary Group 'D' employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, of the service rendered under temporary status was to counted for of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group 'D' in respective offices where the casual labourers had been working was to be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group 'D' staff rendered surplus for any reason would have prior claim for absorption against existing/future vacancies.

4. Vide the O.M. No.49014/1/2004 -Estt.(C) dated the 26th April, 2004, the above scheme was reviewed in light of introduction of New Pension Scheme in respect of appointed to the Central Government service on or after 1.1.2004. These casual labourers with temporary Status were now to be considered under the NPS and their underlying amount in GPI was credited to them.

5. The 0M dated 26th April, 2004 was quashed by various benches of CAT/High Courts who had decided that the scheme could not modified retrospectively.

6. The position was reviewed in the light of the Court judgements in consultation with the Department of Expenditure. It was then decided vide this Department's O.M. No. 49014/2/2014- Estt(C) dated 26.02.2016 and 0M. No. dated 28.07.2016 that the casual labourers who had been granted temporary status under the scheme, and have completed 3 years of continuous service after that were entitled to contribute to the General Provident Fund. It was also decided that of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the 0M dated 10.09. 1993. This was applicable to all casual labourers covered under the scheme Of 1993 whether they were regularised before or after 31.12.2003.

7. It was emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the 0M dated 10th Septetmber, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temporary status between 10.09.1993 and the date of Hon'ble Supreme Court judgement in Union Of India And Anr vs Mohan Pal. 2002 (3) SCR 613, delivered on April, 2002, will however be deemed to have covered under the scheme of 10.09.93.

8. Subsequent to the issue of this Department's O. M. 49014/2/2014-Esst(C) dated 26.02.2016 and O.M. No. 49014/2/2014-Estt(C) dated 28.07.2016 several Ministries/ Departments were seeking clarifications as regards to the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers. The matter has been examined in consultation with D/o Pensions & Pensioners' Welfare, D/o Financial Services and D/o Expenditure.

9. D/o Pension and Pensioners' Welfare have clarified/ stated that the employees' share or the NPS subscription with interest should withdrawn and deposited in the GPE accounts if these CL-TS regularized after 31.12.2003 and the Government share with interest accrued under NPS should be deposited in Government's account.

10. Controller General of Accounts (CGA) have furnished following clarifications vide letter No. dt 11.03.2016 on a similar matter which are as under:

(i) Adjustment of Employees contribution in Accounts:- Amount may be credited to individual GPF Account and the account may he recasted permitting up-to-dare interest (Authority-FR-16 & Rule / of GPF Rules)

(ii) Adjustment Of Government contribution under NPS in Accounts. TO be accounted for as (-) Dr. to object heads Recoveries under major Head 2071- Pension and Other Retirement benefit-Minor Head 911- Deduct Recoveries Of over payment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)

(iii) Adjustment of increased value of subscription on account of appreciation of investment- may be for crediting the amount Govt. account under Contribution towards pensions and other Retirement Benefits 800- Other Receipts (Note under the above Head in LMMHA).

11. The principle underlying the consideration of the case of CL(TS) is that Casual labourers Who were covered under the scheme Of 1993 and have been regularised in terms Of the above scheme were entitled to GPF and Old Pension scheme even if they were regularised after 31.12,2003.

12. Furthermore. as per Dio Expenditure/CGA, if the kr•nefits under old pension scheme are to allowed to a retired employee, who had contributed towards NPS at any stage. the entire NPS accumulations i.e. employee's contribution + Government's matching contribution + appreciation thereon should be remitted into the accredited bank of the PAO concerned and the accounting procedure will be same in this case as prescribed at par 10 above.

13. All Ministries/Departments are requested to settle the matter explained amve If any further clarification is needed in the matter, they should approach CGA (Controller General of Accounts) directly, since CGA is the accounting agency and is competent to clarify the matter.

sd/-
(N.Sriraman)
Director (Establishment)

Source: https://dopt.gov.in/

How to Calculate Pay for Defence Personnel? Formula for Fixation of Pay

How to Calculate Pay for Defence Personnel? Formula for Fixation of Pay

Formulae for Fixation of Pay from 3rd CPC to 4th CPC
If 20% x of B.P (3rd CPC)Value is less than 75 then
B.P+ D.A + A.D.A + ad hoc DA + IR-1 & IR-2 + 75 = 4th CPC Basic Pay
Otherwise,
B.P + D.A + A.D.A+ ad hoc DA + IR-1 & IR-2+ + 20% of B.P= 4th CPC Basic Pay

Formulae for Fixation of Pay from 4th CPC to 5th CPC.
2.98 x (4th CPC B.P) + 100 = 5th CPC Basic P

Formulae for Fixation of pay from 5th CPC to 5th CPC (10-10-1997)
As per change of scale if occur.

Formulae for Fixation of Pay from 5th CPC to 6th CPC
a. As per Appendix G to S NI 01/S/2008
b. For X Group personnel add X Group Pay

Formulae for Fixation of Pay from 6th CPC to 7th CPC
As per Pay Matrix of 7th CPC

Good News: Senior Citizen Concession - AIR INDIA

Good News for Senior Citizen Concession - AIR INDIA

Senior Citizen Concession
Eligibility:	A Senior citizen of Indian Nationality, permanently residing in India and should have attained the age of 60 years on the date of commencement of journey.
Required Documents:	Any valid Photo ID with date of birth e.g., Voter's ID card, Passport, Driving license, senior citizens ID card issued by Air India etc .
Discount:	50% of Basic fare on select booking classes in Economy cabin.
Travel:	Any sector within India.
Ticket Validity:	1 Year from date of issue
Advance Purchase:	Ticket to be purchased 7 days before departure
Children:	No discount applies.
Infant:	(Under 2 years) 1st accompanying Infant - Rs.1000 per coupon, Plus applicable taxes. 2nd and more Infants, no discount permissible.
Date/Flight change, Cancellation & Refund:	Permitted - Fee applies
	In case the relevant ID / documents are not presented at the time of check in or at the boarding gate, the basic fare will be forfeited and the tickets will become non refundable (only taxes & levies will be refunded). Boarding will be denied if the identity proof is not provided at the time of check in and at the boarding gate.

Source: Air India

Important Central Administrative Tribunal (CAT) Judgement

Important Central Administrative Tribunal (CAT) Judgement 

Central Administrative Tribunal
Principal Bench
New Delhi

OA No.571/2017

Order Reserved on: 13.02.2018
Pronounced on: 17.04.2018

Hon'ble Mr. K.N. Shrivastava, Member (A)
G.C. Yadav,
S/o late Kamal Singh Yadav,
(aged about 61 years)
(retired as Deputy Secretary)
R/o H.No.1627/3, Lane No.6,
Rajiv Nagar, Mata Road,
Gurugram-122001.

- Applicant

(By Advocate Shri L.R. Khatana)

-Versus-

1. Union of India
Through Secretary to the Govt. of India,
Ministry of Home Affairs,
North Block, New Delhi-110001.

2. Secretary to the Govt. of India,
Department of Pension & Pensioners' Welfare,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.

3. Secretary to the Govt. of India,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.

-Respondents

(By Advocate Shri N.D. Kaushik)
(OA No.571/2017)

O R D E R

The applicant retired from the post of Deputy Secretary in the Ministry of Home Affairs, Government of India with effect from the afternoon of 31.12.2015 on attaining the age of superannuation. His date of birth is 01.01.1956. He has been deprived of the benefits of 7th Central Pay Commission's recommendations, which came into effect w.e.f. 01.01.2016 on the ground that he retired prior to that date i.e. 31.12.2015.

2. The applicant submitted his representation dated 14.12.2015 (Annexure A-4 colly.) to the Secretary, Department of Personnel & Training (DoP&T) (respondent no.3) stating therein that he would cease to be a Government servant in the midnight of 31.12.2016 and thus acquired the status of a pensioner in the forenoon of 1st January, 2016. Hence, he is entitled to all the pensionary benefits viz. gratuity, fixation of pay/pension as per 7th Central Pay Commission’s recommendations. The representation dated 14.12.2015 of the applicant was forwarded by the Additional Secretary (S&V), DoPT to the Joint Secretary, Pension, Department of Pension and Pensioner's Welfare (DoP&PW) vide letter dated 29.02.2016. The relevant portion of  the said letter is extracted below:

"2. In his representation, Shri Yadav has contended that the pensionary benefits accrue to a person when he acquires the status of Pensioner. As per the judgment of the Hon'ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 2015 were in Government service upto midnight of 31st December, 2015 and acquired the status of pensioner only in the forenoon of 1st January, 2016. Applying the law laid down by the Hon'ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 1956 acquired the status of pensioner only in the forenoon of 1st January, 2016. The recommendations of the 7th Pay Commission are likely to be implemented with effect from 1st January, 2016."

3. Pursuant to the implementation of the 7th Central Pay Commission's recommendations, DoP&PW (respondent No.2) issued Annexure A-2 Om dated 04.08.2016 revising the pension of pre-2016 pensioners/family pensioners. The grievance of the applicant is that his retiral benefits have been fixed in terms of Annexure A-2 OM, treating him as a pre-2016 retiree whereas he should be treated as a retiree w.e.f. 1.1.2016 and thus the 7th Central Pay Commission's benefits should  accrue to him.

4. Respondent No.2 considered the representation dated 14.12.2015 of the applicant, which was duly forwarded by the DoPT vide aforementioned letter dated 29.02.2016 and vide impugned Annexure A-1 OM dated 03.01.2018 has declined the request of the applicant. The relevant portions of this OM are reproduced below:

"4. In the case of Shri Yadav, he actually retired on 31.12.2015 and was not in service on 1.1.16. Judgment of Hon'ble Supreme Court in the case of Shri S. Benerjee has no relevance in his case. In fact Rule 5 (2) of CCS (Pension) Rules, has already been amended and as per the amended rule date of voluntary retirement is treated as the last working day. Therefore, those who retired voluntarily on 1.1.2016 would be eligible for pay and pension benefits of 7th CPC as a post 1.1.2016 retiree.

5. Since Shri Yadav retired on superannuation on 31.12.2015, he is to be treated as a pre-2016 pensioner and is accordingly entitled to the benefit in revision of pension under the OM No.38/37/46-P&PW(A)(ii), dated 4.8.16."

5. Aggrieved by the impugned Annexure A-1 OM dated 03.01.2017, the applicant has filed the instant OA praying for the following relief:

"B) That this Hon'ble Tribunal may be pleased to hold and declare that the impugned orders/action of the respondents is illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and quash and set aside the same and be pleased to further hold that since the Applicant superannuated with effect from the afternoon of 31.12.2015 and relinquished the charge of the post of Deputy Secretary in the afternoon of that date, he, as per law, is deemed to have effectively retired on or with effect from 1.1.2016 and therefore, cannot be treated as pre-2016 pensioner and direct the respondents to grant the retiral benefits such as fixation of pension, DCRG, commutation of pension, leave encashment etc. accordingly and pay the arrears thereof  with 12% interest within a specified time-frame."

6. Pursuant to the notices issued, the respondents entered appearance and filed their reply in which they have broadly made the following important averments:

6.1 The applicant retired from Government service on 31.12.2015 and accordingly he has been treated as a pre-2016 pensioner and his pensionary benefits have been fixed in terms of the OM dated 4.8.2016 (Annexure A-2) of the DoP&PW.

6.2 As per the provisions of FR 56(a), a Government servant whose date of birth is first of a month shall retire from service in the afternoon of the last day of the preceding month on attaining the age of 60 years. Hence, the applicant, whose date of birth is 1.1.1956 is deemed to have been retired in the afternoon of 31.12.2015.

6.3 The judgment of Hon'ble Supreme Court in S. Banerjee v.Union of India, [AIR 1990 SC 295], relied upon by the applicant in para 4 (d) of the OA, is not relevant in the instant case. It is stated that Shri S. Banerjee had retired voluntarily and his date of retirement was 1.1.1986 whereas in the instant case the applicant retired on attaining the age of superannuation in the afternoon of 31.12.2015 and as such was not in service on 1.1.2016.

Check the Judgement Copy