Payment of arrears accruing in respect of deceased pensioners/family pensioners to the nominee/legal heir

Payment of arrears accruing in respect of deceased pensioners/family pensioners to the nominee/legal heir

CPAO

CPAO/IT&Tech/Simplification/11.Vol-VI/2017-18/2016

Dated: 12.03.2018

Subject: Payment of arrears accruing in respect of deceased pensioners/family pensioners to the nominee/legal heir.

On death of the pensioners/family pensioners, the pension account is closed by the bank and the balance amount in the account of pensioners/family pensioners is paid to the nominees/legal heirs. However, it is observed that the life time arrears arising subsequently on account of Pay Commission etc. are not paid to the nominees/legal heirs of the deceased pensioners/family pensioners either on account of fact that the pension/family pension is not revised by the concerned Pension Sanctioning Authority (PSA) or the amount of arrears of revised pension/family pension is not paid due to closure of the bank account. In such cases action is to be taken by the concerned Pay & Accounts Officer as per provision of para 7.5.6 of the Civil Accounts Manual (copy attached).

DP&PW vide its OM No. 1/22/2012-P&PW (E) dated 10th July, 2013 (copy enclosed) has clearly defined the procedure so that nominees/legal heirs of pensioners/family pensioners are not subjected to harassment in claiming the payment of arrears of pension.

In view of the above, all the Head of Offices/PAOs/CPPCs of banks are requested to comply with the procedure as mentioned in the above OM of DP&PW for speedy settlement of claims of pension arrears.

sd/-
(Md. Shahid Kamal Ansar)
(Asstt. Controller of Accounts)

Source: http://cpao.nic.in/

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Revision of Pension for Pre-2006 Pensioners w.e.f. 01.01.2006 instead of 24.09.2012 and Arrear of Pension/ Family Pension will be paid – MoD Order 3.9.2015

Revision of Pension for Pre-2006 Pensioners w.e.f. 01.01.2006 instead of 24.09.2012 and Arrear of Pension/ Family Pension will be paid – MoD Order 3.9.2015

“Revised tables indicating minimum guaranteed pension / ordinary family pension for Indian Commissioned Officers which is annexed with GOI, MOD letter No.1(11) 2012-D(Pen/ Policy) dated 17.01.2013, shall be effective with effect from 01.01.2006 instead of 24.09.2012. Pension Disbursing Authorities are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners/ family pensioners with effect from 01.01.2006 instead of 24.09.2012 and arrear of pension/ family pension will be paid”.

No 1(04)/2015(l)-D(Pen/Pol)
Government of India
Ministry of Defence
D(Pension/Policy)

New Delhi, Dated: 3rd September, 2015

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

Subject-Revision of pension of pre-2006 Commissioned Officer pensioners/ family pensioners.

The undersigned is directed to refer to this Ministry’s letter No, 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended, issued in implementation of government decision on the recommendations of the Sixth CPC for revision of pension/ family pension in respect of Pre-2006 Armed Forces pensioner/family pensioners. As per provisions contained in Para 5 therein, with effect from 01.01.2006 revised pension and revised ordinary family pension of all pre-2006 Armed Forces pensioners/ family pensions determined in terms of fitment formula laid down in Para 4.1 above said letter dated 11.11.2008, shall in no case be lower than fifty percent and thirty percent respectively, of the minimum of 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 where applicable.

2. The above minimum guaranteed pension was revised,vide GOI. MOD letter No. 1(11)/ 2012/D(Pen/Pol) dated 17.01.2013 with effect from 24,09,2012, at the rate of minimum of fitment table for the Rank in the revised pay band as indicated under fitment table annexed with SAI 2/S/2008 and SA]. 4/S/2008 as amended, plus Grade pay corresponding to the pre-revised scale from which the pensioner had retired / discharged/ invalided out/died including Military Service Pay.

3. Now, after issue of GOI, Ministry of Personnel. PG & Pensioners, Department of Pension & Pension Welfare OM No. 38/37/08-P & PW (A) dated 30.07.2015, it has been decided that the pension/family pension of all pre.2006 pensioners/family pensioners may be revised in accordance with Para 2 with effect from 01.01.2006 instead of 24.09.2012.

4. In case the consolidated pension/family pension calculated as per Para 4.1 of this Ministry’s letter No. 17(4)/2008(1)/O(Pen/Pol) dated 11.11.2008 is higher than the pension/ family pension calculated in the manner indicated above, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/ family pension.

5. Accordingly, revised tables indicating minimum guaranteed pension / ordinary family pension for Indian Commissioned Officers which is annexed with GOI, MOD letter No.1(11) 2012-D(Pen/ Policy) dated 17.01.2013, shall be effective with effect from 01.01.2006 instead of 24.09.2012. Pension Disbursing Authorities are hereby authorized to step up the pension/ family pension of the affected pre-2006 pensioners/ family pensioners with effect from 01.01.2006 instead of 24.09.2012 and arrear of pension/ family pension will be paid.

6. All other terms and conditions shall remain unchanged.

7. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be allowed from 01.01.2006 to 23.09.2012.

8. This issues with concurrence of Finance Division of this Ministry vide their ID No. 22(5)/2015/Fin/Pen dated 25.08.2015 and Ministry of. Finance, Department of expenditure vide their ID No. 1(12)/EV/2015 dated 2.9.2015.

9. Hindi version will follow.

sd/-

R. K. Arora
Under Secretary to the Government of India

Authority: www.desw.gov.in

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Pension Revision of Ex-servicemen for grant of arrears from 01-01-2006, MoD Order is awaited.

Pension Revision of Ex-servicemen for grant of arrears from 01-01-2006, MoD Order is awaited.

Clarification by Major Navdeep on his blog Indianmilitary.info:-

Chain mails are floating referring to a circular issued by the PCDA(P) stating that the MoD has issued orders concerning the implementation of the decision of the Supreme Court regarding grant of arrears from 01-01-2006 rather than 24-09-2012. Click here for PCDA Circular C-144 dated 14-08-2015

The news is incorrect.

The said circular only concerns defence civilian pensioners based on the letter issued for civilian pensioners by the Department of Pension and Pensioners’’ Welfare (DoPPW). It may kindly be understood that the PCDA(P) has no authority to issue circulars on its own till the time the MoD issues a Government letter to the said effect.

However, the good news is that the MoD is also working on the same and the letter should be out soon. Some added time after the issuance of the DoPPW letter was expected to be taken by the MoD since there are certain additional issues to be addressed by the MoD over and above the ones in the DoPPW letter and a mutatis-mutandis letter could not have been issued.

For example, the MoD is to add the Military Service Pay (MSP) also in addition to the elements in the civil letter and then unlike civil pensioners, separate tables would have to be ultimately prepared by the Defence Accounts Department for various ranks and different categories which are not applicable on the civil side.
Moreover, the benefit of the upward revision would be differently applied to ranks other than Commissioned Officers since they had been granted pensions based on the maximum of 5th CPC scales fitted into the 6th CPC pay bands with effect from 01-07-2009 while officers and all civil employees were granted pensions based on minimum of pay of the pay bands. The comprehensive letter alongwith comprehensive tables would definitely be issued in due course and we would have to be a little patient about the same.

Source: www.staffnews.in

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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]

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Disburse the arrears of pension for the period 1-1-2006 to 23-9 2012 – BPS

Disburse the arrears of pension for the period 1-1-2006 to 23-9 2012 – BPS

 

Implement in letter & spirit the orders dated 01.11.2011 of honerable CAT Principal Bench-BPS writes to secy. GOI M/O Personnel,PG,AR & Pensions

 

BHARAT PENSIONERS SAMAJ

No.SG/PBS/Legal/014/1

Dated 02.07.2014

Shri Sanjay Kothari

IAS

Secretary,

M/O Personnel PG AR & Pensions

 

Dear Sir,

 

Sub: Implementation of the order dated 1.11.2011 of Hon’ble CAT, Principal Bench, New Delhi in OA No. 655/2010.

 

1 Kindly connect DOP &PW letter No. 38/7 7-A/09-P8.PW (A) dated 29th May 2014 addressed to the Secretary(Shri sant Bhushan Lal) Central Government SAG (S-29) on the above subject.

 

2. At the outset. we will lire to point out that the above letter is in the nature of continuation of willful defiance of the CAT’s order by DOP &PW and is intended to GO AGAINST THE  judicial directives. What is displayed in this letter under reference is a deliberate minister pretation and distortion of the Hon’ble CAT‘s order dated 15. 5.2014 Para 2 of the above letter states that ‘As directed by the Hon’ble CAT, the order dated 111112011 of Hon’ble CAT, Principal Bench. New Delhi is required to be implemented in respect of petitioners in OA No. 655/2010″ which is factually incorrect and misleading. Hon’ble CAT-PB vide its order dated 01 11 2011 quashed clarificatory OM dated 03.10 2008 and directed to refix the pension of all pre-2006 retirees w.e.t. 1 1.2006. based on the Resolution dated 29 08.2008 While dismissing WP (C) No 153512012 of UOI on 29-4-2013. Hon’ble Delhi High Court upheld the verdict of the CAT PB Dismissing SLP (C) No.23055/2013 filed by UOI against the judgement of Hon’ble Delhi High on 29-7-2013 and then Review Petition (C) No 2492/2013 on 12-11-2013 and finally Curative Petition (C) No 12612014 on 30.4.2011, Hon’ble Supreme Court upheld the Judgement of the Hon’ble Delhi High Court with this, CAT verdict dated 1-11-2011. referred to 1 has attained legal finality.

 

3. On 15 052014, the Hon’ble CAT-PB disposed of Contempt Petition No 158/2012 direct ing the Uo1 to implement the directions of the Tribunal Honble Delhi High Court uphold-ing the verdict of CAT PB, took note of DOP letter F.No. 38137/08-P&PW (A) dated 28TH January. 2013 whereby the pension of all pie-2006 pensioners was stepped up from an arbitrary date ol 24-9-2012 as per the Resolution dated 29-8-2008 Further in Para 2 & 3 of the ludgement it is noted that the Government ol India has tacitly admitted that it was in the wrong and that the Tribunal is correct and the only issue that survives are the denying arrears to be paid to the pensioners with effect from January 01 , 2006

 

4. The operative part of the Honble CAT’s order dated 15-5-2014 is contained in Para 3 and reads as “It would be appropriate to dispose of the matter with direction to the respon-dents to implement the directions oi the Tribunal expeditiously. preferably within threemonths.‘ (Emphasis added). The direction of the Tribunal is with reference to its order dated 1-11-2011. The Hon’ble CAT never diluted its order dated 1.11.2011 nor could it have done so in its contempt jurisdiction especially when its order dated 1.11.2011 had got merged with the judgment dated 29.4.2013 of the Hon’ble Delhi High Court in WP (C) No. 1535/2012.

 

4.1 Consequently, contention of implementing this directive only in respect of the members of the SAG S-29 Association up to the date of filing of OA No. 06550010 is not valid All retired Central Government employees covered under the category of pre 2006 pension-ers are entitled for re-fixation of pension from 1-1-2006 as per the directive of the CAT-PB dated 1-11 -2011. which has been upheld right up to the Apex Court while dismissing SLP/Review petition/curative Petition in this case.

 

6 We. therefore, earnestly request you to please implement judicial verdict in its true spirit and content by issuing necessary instructions to the concerned authorities to disburse the arrears of pension tor the period 1-1-2006 to 23-9 2012 and stop further harassment and hardship to the aged pensioners in 70s and 80s (and a number of them being above 80-85 years at age) in their sunset years. For this, all that is required is to issue a corrigendum to your OM No 38140/12-P&PW(A) dated 28-1-2013 making it effective w.e.f. 1-1-2006.

 

Thanking you in anticipation.

 

With regards

Thanking you,

sd/-

Yours faithfully.

S.C. Maheshwari

Secretary Gent Bharat Pensioners Samaj

Encl: Copy of DOP &PW letter under reference

 

Source: www.scm-bps.blogspot.in

[http://scm-bps.blogspot.in/2014/07/implement-in-letter-spirit-orders-dated.html]

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PENSION ARREARS FROM 01.01.2006 AS PER COURT ORDER: GOVERNMENT REPLY IN PARLIAMENT

PENSION ARREARS FROM 01.01.2006 AS PER COURT ORDER: GOVERNMENT REPLY IN PARLIAMENT

 The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide this Department’s OM No.38/37/08-P&PW (A) dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.

        The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees.

        A Writ Petition was filed in the Hon’ble High Court of Delhi challenging the above mentioned order. In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India.

This SLP came up for hearing recently on 29.7.2013 before the Hon. Supreme Court and has been dismissed.

        The above information submitted by Min of Personnel, Public Grievances & Pensions in reply of undermentioned Lok Sabha Question:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED  QUESTION NO 670
ANSWERED ON   07.08.2013

DELAY IN PAYMENT OF ARREARS TO PENSIONERS

670 . Shri VILAS BABURAO MUTTEMWAR

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS  be pleased to state:-

(a)  the reasons for inordinate delay in implementation of Hon`ble High Court`s order to give effect to the payment of arrears w.e.f. 01.01.2006 to pensioners retired before 2006;
(b) whether the Government have received representations from employees organizations and other bodies in this regard; and
(c) if so, the details thereof and the reaction of the Government on the representations?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)
(a) to (c): *** see above ***

Source: Lok Sabha Q&A

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Pension Arrears from 01 Jan 2006 as per Court Order: Government reply in Parliament

Pension Arrears from 01 Jan 2006 as per Court Order: Government reply in Parliament

The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide this Department’s OM No.38/37/08-P&PW (A) dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.

The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees.

A Writ Petition was filed in the Hon’ble High Court of Delhi challenging the above mentioned order. In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India.

This SLP came up for hearing recently on 29.7.2013 before the Hon. Supreme Court and has been dismissed.

The above information submitted by Min of Personnel, Public Grievances & Pensions in reply of undermentioned Lok Sabha Question:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO 670

 ANSWERED ON   07.08.2013

 DELAY IN PAYMENT OF ARREARS TO PENSIONERS

670 . Shri VILAS BABURAO MUTTEMWAR
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) the reasons for inordinate delay in implementation of Hon`ble High Court`s order to give effect to the payment of arrears w.e.f. 01.01.2006 to pensioners retired before 2006;
(b) whether the Government have received representations from employees organizations and other bodies in this regard; and
(c) if so, the details thereof and the reaction of the Government on the representations?

 ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)
(a) to (c): *** see above ***

Source: Lok Sabha Q&A

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Payment of Arrears of family pension

Press Information Bureau

Government of India

Ministry of Personnel, Public Grievances & Pensions

23-July, 2013 17:18 IST

Payment of Arrears of family pension

In case of death of a pensioner, all money payable to the pensioner on account of pension are payable to the nominee of the deceased pensioner. In the absence of any valid nomination made by the pensioner, the arrears of his/her pension are paid to the legal heir. However, dependents of some pensioners expressed difficulties in obtaining the legal heir-ship certificates and represented that the necessity of production of legal heir-ship certificates may be waived where the amount of arrears payable is small.

In such cases a provision had been made in 1985 for Payment of Lifetime Arrears of Pension on the basis of any documentary proof regarding the relationship and heir-ship of the claimant if the gross amount of arrears does not exceed Rs.25,000. If the gross amount did not exceed Rs.5,000 and case represented no peculiar features, the Accounts Officer was authorized to make the payment on his own authority.

The Government has further looked into the matter and decided to increase the limits of Rs.5000 and Rs.25000 to Rs.50,000 and Rs.2,50,000 respectively.

At present in the event of death of a family pensioner, the right to receive any arrears of family pension automatically passes on to the eligible member of the family next in line. Where there is no member in the family who is eligible to receive family pension after the death of the family pensioner, the payment of arrears of family pension is made on the basis of succession certificate. Now, it has also been decided that the payment of arrears of family pension up to Rs.2,50,000 may be made where no member of family is eligible to receive family pension.

Detailed instructions  available at www.persmin.nic.in under Department of Pension & Pensioners’ Welfare’s category

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