Madras High Court Order - Notional increment/re-fixation of pensionary benefits

Madras High Court Order - Notional increment/re-fixation of pensionary benefits

F.No.A-23011/36/2013-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block, New Delhi,
Dated the 18 October, 2019

To,
All Pr. Chief Commissioners / Chief Commissioners / Director General under CBIC,

Subject: Grant of notional increment / re-fixation of pensionary benefits as per Hon’ble Madras High Court Order in WP No. 15732/2017 in the case of Sh.P.Ayyamperumal - regarding.

Sir/Madam,

1. I am directed to inform that the Order dated 15.09.2017 of the Hon’ble High passed in the matter of P.Ayyamperumal’s case (WP No.15732/ 2017) is in personam and not in in rem. Therefore, the CBIC has implemented the High Court’s order in personam after dismissal of review petition filed in the Supreme Court, for petitioner only which would not be quoted as precedent in future.

2. A number of cases on the similar grounds are pending at various fora, and similar demands from other similarly placed officers could also arise after Hon’ble Supreme Court’s Order dated 08.08.2019 in R.P.(C) No.1731/2019. Keeping this in mind, a request was made to DoPT seeking their opinion about the future course of action to be taken in case pertaining to similarly placed applicants and non ­ applicants.

Also check: Grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Madras High Court Order

3. DoPT has now informed that Deptt. of Legal Affairs have observed that:

"It is very clear that the judgment of Hon’ble High Court of Madras passed in the matter of Sh. P.Ayyamperumal is in personam and not in rem."

4. Based on the above, DoPT has informed that in so far as other similar cases are concerned, the same may be defended on following grounds:-

4.1 In so far as P. Ayyamperumal case is concerned, it is stated that the judgment of Hon’ble High Court of Madras is in personam.

4.2 Further, the case of Sh. M Balasubramaniam referred by Hon’ble High Court in it’s judgment in P. Ayyamperumal case is related to Fundamental Rules of Tamil Nadu Government whereas P. Ayyamperumal case relates to Central Government Rules.

4.3. It is relevant to mention here that in a similar matter, Hon’ble High Court of Andhra Pradesh at Hyderabad in year 2005, in C.Subbarao case, has inter-alia observed as under:

In support of the above observations, the Division Bench also placed reliance on Banerjee case (supra). We are afraid, the Division Bench was not correct in coming to the conclusion that being a reward for unblemished past service, Government servant retiring on the last day of the month would also be entitled for increment even after such increment is due after retirement. We have already made reference to all Rules governing the situation. There is no warrant to come to such conclusion. Increment is given (See Article 43 of CS Regulations) as a periodical rise to a Government employee for the good behavior in the service. Such increment is possible only when the appointment is “Progressive Appointment” and it is not a universal rule.

Also read: Grant of Notional Increment on completion of 12 Months of Service

Further, as per Rule 14 of the Pension Rules, a person is entitled for pay, increment and other allowances only when he is entitled to receive pay from out of Consolidated Fund of India and continues to be in Government service. A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter (See Article 151 of CS Regulations), because he would not answer the tests in these Rules.

Reliance placed on Banerjee case (supra) is also in our considered opinion not correct because, as observed by us, Banerjee case (supra) does not deal with increment, but deals with enhancement of DA by the Central Government to pensioners. Therefore, we are not able to accept the view taken by the Division Bench. We accordingly overrule the judgment in Malakondaiah case (supra).

4.4 In addition, subsequent to the judgment of Hon’ble High Court of Madras in P. Ayyamperumal’s case, Hon’ble CAT Madras Bench vide its orders dated 19.03.2019 in 0.A. No. 310/00309/ 2019 and O.A. No. 310/00312/ 2019 and Order dated 27.03.2019 in O.A. No. 310/00026/ 2019 has also dismissed the similar requests related with notional increment for pensionary benefits.

5. Accordingly, it is requested that all the pending / future court cases on the similar issue should be defended/ dealt with adequately on the above lines.

Yours faithfully,
sd/-
(A.K. Mishra)
Under Secretary to the Government of India

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Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500 or equivalent pay scale in the earlier Pay Commission periods

DoPPW

Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500 or equivalent pay scale in the earlier Pay Commission periods

Revision of Concordance Tables for Pre-2006 Pensioners

No. 38/33/12-P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated the 9th July, 2019

Office Memorandum

Sub :- Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods.

Instructions have been issued vide this Department’s OM of even number dated 4.1.2019 that for the purpose of revision of pension/family pension w.e.f. 1.1.2006 under para 4.2 of the O.M. dated 1.9.2008, the Grade Pay of Rs. 4600/- may be considered as the corresponding Grade pay in the case of pre-2006 pensioners who retired/died in the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods.

It was also provided that the revised pension w.c.f. 1,1.2006 in terms of para 4.2 of OM dated 1.9.2008, for the pre-2006 pensioners who retired from the pay scale of Rs, 6500-10500/- in the 5 th CPC or equivalent pay scales in the earlier Pay Commissions would be Rs. 8345/-.

The entries at serial number 13 in the annexure of this Department’s OM No. 38/37/08- P&PW(A) dated 28.1.2013 were also revised accordingly.

2. This Department has issued concordance tables for revision of pension, w.e.f. 1.1.2016, of pre-2016 pensioners by notional fixation of pay in the 7th CPC vide this Departments OM dated 6.7.2017, Tables No.24 & 25 in these concordance tables indicated the revised pension/family pension based on the corresponding 6th CPC grade pay of Rs. 4200/- in respect of pre-2006 pensioners/family pensioners who retired/died in the 5th CPC scale of 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods. Consequent on the decision to consider the Grade Pay of Rs. 4600/- as the corresponding Grade pay in the case of pre-2006 pensioners who retired/died in the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods and based on the fitment tables provided by Ministry of Finance (Department of Expenditure), Tables No.24 & 25 have been revised. Accordingly, revised concordance Tables No.24 & 25 arc enclosed herewith.

3. All the Ministries/Departments are requested to revise pension/family pension w.e.f. 1.1.2016 in respect of pre-2006 pensioner family pensioners who retired/died in the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods using the concordance tables enclosed herewith. The other provisions / instructions for revision of pension of pre-2016 pensioners, as contained in this Department’s OM of even number dated 12.5.2017 and 6.7.2017 will remain unchanged.

4. This issues with the approval of Ministry of Finance (Department of Expenditure) vide their OM No. 30-1/33(c)/ 2016-1.C./E.III,A dated 28.6.2019

5. Hindi version will follow.

sd/-
(Ruchir Mittal)
Deputy Secretary

Source: Doppw

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Hike Pensioners pay who is at the age of 80 yrs and above of Maharashtra Pensioners from 1.1.2019

Hike Pensioners pay who is at the age of 80 yrs and above of Maharashtra Pensioners from 1.1.2019

The State Government of Maharashtra has decided to hike in Pensioner’s Pay for Pensioners above 80 Years with minimum of 10%.

In view of the recommendation of the Seventh Pay Commission, Under the Chairmanship of Shri K. P. Bakshi, Additional Secretary (Home) Maharashtra, the State Government had set up the “State Pay Revision Committee 2017” to hike Pensioners pay who is at the age of 80 yrs and above. This hike is decided by the Bakshi committee. The said rates are standing revised from January 1, 2019 as below :

S.No.	Detail of Age	Hike in Pension (in %)
1	Age 80 to 85 yrs	Increase in basic pension 10%
2	Age of above 85 to 90 yrs	Increase in basic pension 15%
3	Age above 90 to 95 yrs	Increase In basic pension 20%
4	Age above 95 to 100 yrs	Increase in basic pension 25%
5	Age above 100 yrs	Increase in Basic pension 50%

The revised increased rate will be applicable from January 1, 2019. No difference of the revised increased rate will be payable for previous period to existing Pensioners/ Family Pensioners.

This decision is implacable to the Recognized and Aided Educational Institutions, Non Agriculture Universities and affiliated Non- Governmental Collages and Agricultural Universities etc.

Under Section of 248 of the Maharashtra Zilla Parishad and Panchayat Samitis Acts 1961, this decision will also be implemented to Zilla Parishads. The State Government Employees who opted for Lump sum Payment on absorption in a Public Sector Undertaking/ Autonomous Bodies/ Local Bodies and are entitled to restoration in a 1/3rd commuted portion of pension as well as a revision of the restored amount in terms of Government Resolution, Finance Department No. COP-1099/306/SER-4 Dt. November 11, 1999 and also eligible for revised pension as per sixth Pay Commission.

Source: PIB

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Pension revision w.e.f. 01/01/2007 of pre-2006 retired pensioners of Rs. 6500 - 10500 on the 5th CPC scale

Pension revision w.e.f. 01/01/2007 of pre-2006 retired pensioners of Rs. 6500 - 10500 on the 5th CPC scale

NFIR
National Federation of Indian Railwaymen
3, Chelmsford Road, New Delhi 110 055

No. II/35/2018

Dated: 20/03/2019

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Revision of pension w.e.f.01/01/2006 of pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500-reg.

Ref: Railway Board’s letter No.F(E)III/2008/PN1/l2 dated 04/02/2019

Kind attention of Railway Board is invited to the instructions issued vide Board’s letter dated 04/02/2019 relating to revision of pension of pre-2006 pensioners/family pensioners w.e.f.01/01/2006 who had retired from Railway service while in 5th CPC scale of Rs.6500-10500 duly enclosing Department of pension and pensioners’ Welfare (DoP&PW’s) O.M.No.38/33/12-P&PW(A) dated 4th January, 2019 stating that these instructions shall apply mutatis mutandis on Railways also.

ln this connection, NFIR desires to state that the pensioners who had retired from Railway service in 5th CPC pay scale Rs.6500-10500 and family pensioners continued to be aggrieved over DoP&PW O.M. dated 4th January, 2019 and Railway Board’s letter dated 04/02/2019 as mentioned below:-
Vide Dop&PW’s O.M. dated 4th January, 2019, an example has been mentioned which allows revision of only minimum Pension/Family Pension to Rs.8345/5007 respectively.

The O.M. does not cover the cases of Pensioners/Family Pensioners who had drawn higher pay at various stages upto maximum of Rs. 10500 in 5th CPC Pay Scale Rs.6500-10500.

The V CPC pay scale of Rs. 6500-10500, although initially treated as equivalent to GP 4200 (PB-2), subsequently the Government had granted replacement Grade Pay 4600 (PB-2) w.e.f.01/01/2006. Therefore, last pay drawn by the pre-2006 retired Railway employees in the Pay Scale should have been the criteria for revising the pension/family pension duly calculating notional Pay in GP 4600 (PB-2)

The O.M. dated 04/01/2019 needs to be modified suitably for covering all cases of pre-2006 pensioners/family pensioners as proposed below:-

Last pay drawn in pay scale Rs. 6500-10500 at the time of retirement/death to be calculated notionally in 6th CPC in PB-2 + GP 4600, and Pension/Family Pension re-fixed based on i.e. 50% / 30% of such notional pay respectively. These pensioners/family pensioners are to be paid arrears accrued from 01/01/2016, similar to all other pre-2006 pensioners/family pensioners as per RBE No.l7/2019 dated 04/02/2019.

Separate concordance table needs to be prepared and circulated on the basis of pay drawn by the pensioners/Family pensioners in V CPC Pay Scale of Rs.6500-10500 vis-a-vis GP 4600 in PB-2. Based on para 4.2 of Railway Board’s circular dated 04/09/2008 new revised concordance table say 25A is to be prepared/introduced to cover all cases.

While undertaking revision of pension/family pension cases as per RBE No. 17/2019 dated 04/02/2019, Zonal Railways have been facing difficulties as the revision in GP 4600/- under 6th/7th CPC has not been systemized under ARPAN. In absence of proper concordance table for notional pay fixation of pensioners/family pensioners, as on 01/01/2006, the Zonal Railways etc., have also been facing difficulty in undertaking revision of pension/family pension. It is also suggested that the concordance table No.26 available with Board’s letter dated 11/07/2018 for GP 4600 (corresponding 5th CPC Scale Rs. 7450-11500) may be made applicable in the instant case of pension/family pension revision. Federation cites Western Railway’s reference to Railway Board vide letter No. Pen/05372/E789/ARPAN/PRE-2016 dared 18/02/2019 seeking guidelines.

Federation requests the Railway Board to take note of genuineness of the case for highlighting to DoP&PW / MoF to review and render justice to these pensioners/family pensioners of pre-2006 era. A new concordance table 25-A needs to be created/incorporated for the V CPC pay scale Rs. 6500-10500 vis-a-vis GP 4600 (PB-2).

NFIR, therefore, requests the Railway Board to approach DoP&PW/MoF for getting the O.M, dated 04th January, 2019 modified with a view to revise pension to those pensioners who were in pay scale Rs. 6500-10500 (V CPC) and drew higher pay at various stages upto Rs. 10500 and above (including stagnation increment) to ensure equal treatment with other pensioners. A.copy of the proposal sent to the DoP&PW may be endorsed to the Federation for follow up action.

Yours faithfully,
sd/-
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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Central Civil Services FAQ on Pension - Pension Policy

Central Civil Services FAQ on Pension - Pension Policy

Frequently Asked Questions (FAQs)
(Central Civil Services)

1. PENSION POLICY

(1.1) Which rules govern pension and gratuity to the employees retiring from Central Government Civil Departments.
Pension and gratuity of the employees retiring from Central Government Departments is regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules regarding pension and gratuity of Railway employees and Defence personnel.

(1.2) Is the date of voluntary retirement treated as duty?
Yes, the date of voluntary retirement is treated as duty (Rule 5).

(1.3) Who is eligible for pension?
A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for
pension (Rule 2, 49).

(1.4) How is pension calculated?
W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. (Rule 49).

(1.5) What happens to the departmental proceedings instituted against a Govt. servant during service and pending at the time of retirement? Can pension/gratuity be paid to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against him at the time of retirement?
Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner. Thereafter, authority will submit a report recording its finding to the President. In such cases, only provisional pension is paid and gratuity is withheld till the conclusion of departmental proceedings and issue of final orders thereon
by the competent authority.

(1.6) Can Departmental proceedings be instituted after retirement?
Departmental proceeding can be instituted after retirement subject to following conditions:-
(a) Sanction of the President shall be obtained before instituting such proceedings;
(b) The proceedings shall not be in respect of any event which took place more than 4 years such institution;
(c) Proceedings shall be conducted by such authority and in such place or the President may direct and in accordance with rules applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Govt. servant during his service.

(1.7 ) When is departmental or judicial proceeding deemed to be instituted?
(a) Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date;
(b) Judicial proceedings shall be deemed to be instituted-
(i) In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and
(ii) In the case of civil proceedings, on the date the plaint is presented in the
court.

(1.8) Can the pension/gratuity be withheld on conclusion of departmental/judicial proceedings?
The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement. Power to withhold/withdraw pension/gratuity is with President and UPSC is required to the consulted before any final orders are passed.

(1.9) Which pay is reckoned as emoluments for pension and gratuity?
The basic pay as defined in FR 9 (21) (a) (i) is reckoned as emoluments for pension. However, Non- Practicing Allowance granted to Medical Officers is also included in emoluments. For the purpose of Retirement/ Death gratuity, Dearness Allowance admissible on the date of retirement/death is also treated as emoluments.

(1.10) Which pay is reckoned as emoluments for pension if the Government servant is on leave, suspension or deputation at the time of retirement?
(a) If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule. However, increase in pay (other than the increment) which is not actually drawn shall not form part of his emoluments.
(b) If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule.
(c) If a Government servant immediately before his retirement of death while in service, was on earned leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments. However, such increment should have been earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.
(d) Pay drawn by a Government servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments.

(1.11) Can a pension be withheld/withdrawn on grounds of misconduct after retirement?
Future good conduct is the implied condition for grant/continuance of pension. The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.

(1.12) Can a pension, once authorized, be revised to the disadvantage of pensioner on grounds other than misconduct under Rule 8 and 9.
Except under Rule 8 and 9, pension once authorized after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently. No revision of pension to the disadvantage of the pensioner shall be ordered by the Head of Office without the concurrence of the Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorization of pension. The question whether it is a case of clerical error or not would be decided by the administrative Ministry.

(1.13) What is the formula for revision of pension of pre-2006 pensioner/family pensioner?
In terms of para 4.1 of OM No.38/37/08-P&PW(A) dated 1.9.2008, the pension/family pension will be consolidated w.e.f. 1.1.2006 by adding together (i) The existing pension/family pension,(ii) Dearness Pension, where applicable, (iii)Dearness Relief @24% of basic Pension/Basic Family Pension plus dearness pension as admissible vide OM No.42/2/2006-P&PW(G) dated 5.4.2006 and (iv) Fitment weightage @40% of the existing pension/family pension. Where the existing pension at (i) includes the effect of merger of 50% of DR w.e.f. 1.4.2004, the existing pension for the purpose of fitment weightage will be re-calculated after excluding the merged DR of 50% from the pension. The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 1.1.2006. The fixation of pension will be subject to the provision that the revised pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the Govt. servant retired. The minimum of pay is the pay band/pay scale is to be reckoned in accordance with DoPPW OM No. 38/37/08-P&PW dated 30.07.2015.

(1.14) Whether all pre-2006 pensioners/family pensioners would get benefit under Department of Pension and Pensioners’ Welfare O.M. NO.38/37/08- P&PW (A) dated 28.1.2013 (now OM dated 30.07.2015)?
There will be no change in the pension of those pre-2006 pensioners whose pension (as revised with effect from 1.1.2006) is already equal to or more than this minimum limit mentioned in the OM dated 28.01.2013 and 30.07.2015. In the case of family pensioner also the minimum family pension as mentioned in Col.10 of the Annexure to the OM dated 28.1.2013 shall be payable if the amount of family pension (w.e.f. 01.01.2006) is equal to or more than this minimum family pension, the same family pension shall continue to be paid.

(1.15) What are the provisions regarding revision of pension of pre-2016 pensioners after 7th CPC?
Orders were issued vide OM No. 38/37/2016-P&PW(A) dated 04.08.2016 for revision of pension of pre-2016 pensioners by multiplying the pre-revised pension by a facor of 2.57. This was to be done by the Pension Disbursing Authorities/ Banks. Further orders were issued vide OM No. 38/37/2016- P&PW(A) dated 12.05.2017. As per this OM, the revised pension/family pension w.e.f 01.01.2016 of all Central Civil Pensioners/ family pensioners, including CAPF’s, who retired/died prior to 01.01.2016, shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulate approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension and 30% of this notional pay shall be the revised family pension w.e.f. 01.01.2016 as per the first Formulation. In this case of family pensioners who were entitled to family pension at enhanced rate, the revised family pension shall be 50% of the notional pay as on 01.01.2016 and shall be payable till the period up to which family pension at enhanced rate is admissible as per rules. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee. The pension/ family pension already revised in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised pension/ family pension as worked out in accordance with OM dated 12.05.2017 shall be granted to pre-2016 central civil pensioners as revised pension/ family pension w.e.f. 01.01.2016. In cases where pension/ family pension being paid w.e.f. 01.01.2016 in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 happens to be more than pension/ family pension as worked out in accordance with para 4 above, the pension/ family pension already paid shall be treated as revised pension/ family pension w.e.f. 01.01.2016.

(1.16) Is any ready reckoner available for revision of pension of pre-2016 pensioners by notional pay fixation method?
A Concordance Table for fixation of notional pay of pension/ family pension of employee who retired/ died in various grades of Vth/ VIth CPC period has been prepared and circulated on 06.07.2017. These Concordance Tables are available on the website of this Department, i.e. http://doppw.gov.in/ and http://pensionersportal.gov.in

(1.17) Is there any online calculator available for fixation/ revision of pension?
A calculator for calculation/ revision of pension/ gratuity is available on the website of this Department, i.e. http://doppw.gov.in/ and http://pensionersportal.gov.in/

(1.18) What is the amount of minimum and maximum pension after Seventh CPC?
The pension shall not be less than Rs.9000/- (excluding the element of additional pension to old pensioners) and shall not be more than 50% of the highest pay in Government i.e Rs 1,25,000/- w.e.f. 01.01.2016.

(1.19) From where can we download the pension /nomination Forms ?
All forms are available at the website of Department of Pension & Pensioners Welfare.

(1.20) When can a Government servant apply for voluntary retirement?
Under Rule 48, a Government servant can apply for voluntary retirement after completion of 30 years of qualifying service. Under Rule 48-A, he can apply for voluntary retirement after completion of qualifying service of 20 years. Under FR 56 (k) he can apply for voluntary retirement an attaining the age of 50 years (for Gr. A & B) and 55 years (in other cases).

(1.21) Whether older pensioners will get higher rate of pension?
Yes, from 1.1.2006, the quantum of pension/family pension available to old
pensioners/family pensioners has been increased as follows:-
O.M.No. 38/37/08- P&PW(A) dated 2.9.2008 .

Age of pensioner/ family pensioner	Additional quantum of pension
From 80 years to less than 85 years	20% of revised basic pension/ family pension
From 85 years to less than 90 years	30% of revised basic pension/ family pension
From 90 years to less than 95 years	40% of revised basic pension/ family pension
From 95 years to less than 100 years	50% of revised basic pension/ family pension
100 years or more	100% of revised basic pension/ family pension

(1.22) Is additional pension admissible to old family pensioners also?
Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.

(1.23) Whether the provision of added years in qualifying service for computation of pension is still in force?
The benefit of added years of qualifying service for computation of pension/related benefits has been withdrawn w.e.f. 01.01.2006.

(1.24) Whether the provision of added years in qualifying service has been withdrawn for calculating gratuity also?
Yes, w.e.f. 01.01.2006.

(1.25) Whether the additional pension/family pension available to old pensioners would be payable from the date of attaining age of 80 years or above or from the first day of the month in which the date of birth falls?
The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years in the month of August, 2008, he will be entitled to additional pension/family pension w.e.f. 1.8.2008. Those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above.

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Dearness Relief for Central Government pensioners / family pensioners - Revised rate with effect 01/01/2019

Dearness Relief for Central Government pensioners / family pensioners - Revised rate with effect 01/01/2019

3% Additional DR to CG Pensioners from Jan 2019 - Orders issued

No.42/04/2019-P&PW(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners' Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi - 110003
Dated the 06th March, 2019

OFFICE MEMORANDUM

Sub: Grant of Dearness Relief to Central Government pensioners/family pensioners - Revised rate effective from 01.01.2019 - reg

The undersigned is directed to refer to this Department's OM No. 42/0612018-P&PW(G) dated 18.09.2018 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief admissible to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 9% to 12% w.e.f 01.01.2019.

1. These rates of DR will be applicable to (i) Civilian Central Government Pensioners/Family Pensioners including Central Govt. absorbee pensioners in PSU/ Autonomous Bodies in respect of whom orders have been issued vide this Department's OM No. 4/34/2002-P&PW(D) Vol.1I dated 23.06.2017 for restoration of full pension after expiry of commutation period of 15 years (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners/family pensioners (v) Pensioners who are in receipt of provisional pension (vi) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government Pensioners from Burma/ Pakistan, in respect of whom orders have been issued vide this Department’s OM No. 23/3/2008-P&PW(I3) dated 11.09.2017.
2. The payment of Dearness Relief involving a fraction of a rupee shall be rounded off to the next higher rupee.
3. The payment of arrears of Dearness Relief shall not be made before the date of disbursement of pension/family pension of March,2019.
4. 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. 45173/97-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.
5. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.
6. 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.
7. The offices of Accountant General and authorised Pension Disbursing 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 the Reserve Bank of India in view of letter No. 528-TA, IV34-80-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.
8. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.
9. This issues in accordance with Ministry of Finance, Department of Expenditure's OM No. 1I112019 -E.II(B) dated 27th Feb,2019.

Hindi version will follow.

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

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Issue of Pensioners Identity Card to Pensioners - Revised Format

Issue of Pensioners Identity Card to Pensioners - Revised Format

No.41/21/2000-P&PW(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension and Pensioners' Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated the 19th Feb, 2018

Office Memorandum

Sub: Issue of Pensioners Identity Card to Pensioners- Revised Format

The undersigned is directed to refer to this Department’s OM of even no. dated 12.08.2015 and to say that the instructions related to the issue of Pensioners’ Identity Card to Pensioners were issued by this Department. In para 2 of the OM dated 12.08.2015, it is mentioned that Pensioners' ID Card shall include the Aadhaar No. of the pensioners, if available. Accordingly, a format for the pensioners' Identity Card was also issued.

The matter has been reconsidered. It has been decided that henceforth, the Pensioners' Identity Card may be issued to the pensioners in the revised format (copy enclosed).

Encl: as above

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

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Clarification on Enhanced Family Pension Payable - DoP&PW

Clarification on Enhanced Family Pension Payable - DoP&PW

No.1/1(5)/2018-P&PW(E)
Department of Pension & Pensionors' Welfare
(Desk E)

Sub: Clarification on date upto which enhanced family pension payable-reg.

Ref: CPAO ID No. CPAO/IT & Tech/Clarification/13(VOL-III)/P&PW/2017-18/193 dated 05.02.2018 and NIC Note, dated 3.4.2013.

CPAO may please refer to above mention ID, dated 5.2.2018 on the subject mentioned above.

2. It was decided to increase the age of retirement from 58 to 60 years vide its notification No.25012/2/97-Estt.(A) dated 13th May, 1998. In pursuance of this decision and in view of the recommendation of the Vth Central Pay Commission, in partial modification of Rule 54(3) (a) of CCS (Pension) rules, 1972, it was decided that the payment of family pension at enhanced rates will be payable for 7 years or till the government servant/pensioner would have attained the age of 67 years against the existing provision of 65 years. This has been applicable in cases where Government servant is to retire at the age of 60 years in pursuance of the notification dated 11.05.1998 and not where Government servant has already retired at the age of 58 years or would have retired at the age of 55 years but for his premature demise.

3. Subsequently rule 54(3)(a)(ii) has also been amended to read as under:
In the event of death of Government servant after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for u period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he survived, whichever is less.

4. In view of this it is clear that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement. date of retirement and age of superannuation applicable in the case of retired Govt. servant. This would equally apply in all Central Civil Govt. Departments/Offices including CPAF and Medical Officers.

5. This issues with the approval of competent authority.

sd/-
(Sanjoy Shankar)
Under Secretary

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When will the arrears get paid? - Dearness Relief

When will the arrears get paid? - Dearness Relief

CENTRALISED PENSION PROCESSING CENTER

Payment of Pensions to Central Government and State Government Pensioners through Centralized Pension Processing Cell (CPPC)

Frequently Asked Questions and Answers

31. When will the arrears get paid?
Ans: Payment of arrears, on account of revision of pension etc., received at Centralized Pension Processing Cell (CPPC) of the Bank up to one week before last date of a month, will normally be made along with monthly pension.

32. How the payment of Dearness Relief at revised rate is to be paid to the pensioners?
Ans: Whenever any additional relief on pension/family pension is sanctioned by the Government, the same is intimated to the agency banks for issuing suitable instructions to their pension paying branches for payment of relief at the revised rates to the pensioners without any delay. The orders issued by Govt. Departments are also hosted on their websites and banks have been advised to watch the latest instructions on the website and act accordingly without waiting for any further orders from RBI in this regard.

33. Where can a pensioner get information about the changes in the pension/ Dearness Relief or any pension related issue?
Ans: The pensioner can visit the Official Website of the concerned Government Department as also Reserve Bank of India Website (www.rbi.org.in) to get the information about pension related issues.

34. Can pensioners get pension slips?
Ans: Yes, monthly pension slip is automatically sent to the pensioner’s e-Mail ID if available with the Bank. In other cases pension slip can be obtained by the pensioner from any pension paying branch.

35. How to get SMS for the details of monthly pension
Ans: To get SMS Pensioner has to visit Pension Paying Branch (Home Branch) with request to upload his/her Mobile number in the Pension Application Software. Pensioner can get the details of monthly pension such as Basic Pension, D.A., Medical Allowance, Other Allowances, Commutation, Income Tax, Net Pension credited and the date of credit along with amount of commutation and gratuity paid through SMS from State Bank of India on regular basis.

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FAQ for Central Civil Services - Pension Procedure

FAQ for Central Civil Services - Pension Procedure

Frequently Asked Questions (FAQs)
(Central Civil Services)

6. PENSION PROCEDURE
(6.1) What is the meaning of the following terms?
(a) Pension Disbursing Authority
(b) Pension Sanctioning Authority
(c) PPO Issuing Authority
(a) Pension Disbursing Authority : Bank Branch/Treasury/Post/PAO Office paying your pension
(b) Pension Sanctioning Authority: The authority who sanctioned your pension before forwarding the case to Accounts.
(c) PPO Issuing Authority: Generally, the Pay & Account Officer is the PPO issuing authority.

(6.2) What should a Government servant do to claim his pension?
During service each Govt. servant should satisfy himself that service is being verified and recorded so in the service book and that there are no gaps in this. He should also ensure that nomination for all payments due to him are current and valid. Six months prior to the retirement date, a Government servant is required to furnish certain information (e.g. joint photo with spouse, family details, name of the branch of the authorized bank through which he desires to draw his pension etc.) to his Head of Office in the prescribed Form No. 5. The Head of Office is required to undertake the work of preparation of pension papers in Form No. 7 one year before the date on which a Government servant is due to retire on superannuation. After complying with the requirements of CCS Pension Rules 59 & 60, the Head of Office has to forward to the Pay & Accounts Officer Form 5 and Form 7 duly completed with a covering letter in Form 8 along with service book of the Government servant duly completed up-to-date and any other documents relied upon for the verification of service, not later than six months before the date of retirement of the Government servant.

(6.3) Who is to authorize the pension?
On receipt of pension papers from Head of Office, the Pay & Accounts Officer concerned will, after applying requisite checks, assess the amount of pension and issue the Pension Payment Order (both halves of Pension Payment Order, i.e. disburser's portion and pensioner’s portion) not later than one month in advance of the date of retirement of the Government servant with forwarding authority letter, duly inksigned and embossed, to Central Pension Accounting Office (CPAO) who in turn will generate on computer a Special Seal Authority on the basis of details given in the Pension Payment Order and authority letter of the Pay & Accounts Officer and forward disburser’s half of PPO with Special Seal Authority to the Central Pension Processing Centre (CPPC) of the concerned authorized Bank. The Pay & Accounts officer after ascertaining that the special seal of authority has been issued shall send pensioners’ half of PPO to be handed over to the retiring employee. However, if the employee opts to take the PPO from bank, both halves shall be sent to CPAO. All records will be maintained in the CPPC and the disbursing branch, will make the payments to the pensioner on authorization of payment of pension by the CPPC. The CPPC however is only the back office for processing pensions, all pension related problems/grievances of the pensioners will continue to be handled by the concerned paying branch as before.

(6.4) What is to be done in case the pension has not been fixed correctly?
The Pay & Accounts Officer while issuing the pension authorization will forward one copy of the pension calculation sheet (out of three received by him from the Head of Office) as certified by the Head of Office and countersigned by him (Pay & Accounts Officer) to the pensioner along with the intimation of his having sent the pension payment authority/PPO to the CPAO. In case it is found from the pension calculation sheet that pension has been fixed incorrectly, the matter may be taken-up with the Head of Office. PAO concerned, if necessary, will issue an amendment authority letter to Central Pension Accounting Office for onward transmission to the CPPC to carry out necessary amendments in both halves of PPO.

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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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Grant of additional pension to the pensioners of U.T. Chandigarh

Grant of additional pension to the pensioners of U.T. Chandigarh - reg.

CPAO

No.38/6/18-P&PW(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
Dated the 18th January, 2018

OFFICE MEMORANDUM

Sub: Grant of additional pension to the pensioners of U.T. Chandigarh - reg.

I am directed to refer to your UO No. CPAO/IT & Tech/U.T. Chandigarh/50/2016-17/167 dated 14th December 2017 on the above subject and to say the in accordance with Rule-2 of CCS (Pension) Rules, these rules are applicable to Government servants appointed substantively to civil services and posts in connection with the affairs of the Union. As mentioned in your note dated 24.4.2017, the employees and pensioners of U.T. Chandigarh are governed by the rules and orders as applicable to the employees of Punjab Civil Services. However, the employees of other U.T. Administrations are governed by the rules regulating the service conditions of Central Government employees.

2. MHA, in their OM dated 24.3.1984 has also clarified that the employees of Union Territory Administration other than Chandigarh are governed by CCS (Pension) Rules, 1972 and that the pay scales and conditions of service of employees of Chandigarh Administration are not covered by the rules governing Central Government employees. Thus, there is no inconsistency in the note dated 24th March, 1984 of MHA. Therefore, there is no need for any amendment to the note of MHA.

sd/-
(S.K. Makkar)
Under Secretary to the Government of India.

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

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Pension Rates under CPF

Pension Rates under CPF
The Central Government employees who are covered by CPF Rules (India) 1962 and who retired on or after 01.01.1986 are not entitled to any monthly pension/ex-gratia amount. However, the Government employees under CPF who retired between 18.11.1960 and 31.12.1985 are entitled to monthly ex- gratia amount of the following rates:

S.No	Group of Service to which CPF retirees belonged at the time of retirement	Enhanced amount of basic monthly ex- gratia
1	Group A Service	Rs. 3,000
2	Group B Service	Rs. 1,000
3	Group C Service	Rs. 750
4	Group D Service	Rs. 650
5	Widows and dependent children of the deceased CPF beneficiary	Rs. 645

Dearness ex-gratia equal to 50% of the amount of ex-gratia and Dearness Relief, as notified from time to time as per 5th Central Pay Commission series, on the sums of amount of ex-gratia and dearness ex- gratia is being paid to them. There is no proposal to increase the aforesaid rates.

Source: Lok Sabha

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Standard Deduction Applicable for Pensioners - Clarification

Standard Deduction Applicable for Pensioners - Clarification

Ministry of Finance
Clarification regarding applicability of standard deduction to pension received from the former employer

The Central Board of Direct Taxes (CBDT) has clarified that the pension received by a taxpayer from his former employer is taxable under the head "Salaries". The Finance Act, 2018 has amended Section 16 of the Income-tax Act, 1961("the Act") to provide that a taxpayer having income chargeable under the head “Salaries” shall be allowed a deduction of Rs 40,000/- or the amount of salary, whichever is less, for computing his taxable income. Accordingly, any taxpayer who is in receipt of pension from his former employer shall be entitled to claim a deduction of Rs 40,000/- or the amount of pension, whichever is less, under Section 16 of the Act.

Earlier, the representations were received seeking clarification as to whether a taxpayer, who receives pension from his former employer, shall also be eligible to claim this deduction.

Source: PIB

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An Initiative of Department of Pension & Pensioners Welfare

An Initiative of Department of Pension & Pensioners Welfare

BHAVISHYA

Department of P&PW has introduced an online Pension Sanction and Payment Tracking System called 'BHAVISHYA'. Actions for timely payment of retirement dues and issue of Pension Payment Order (PPO) start one years before the date of retirement of the employee. There are a number of intervening stages and the system will pinpoint delays at each stage to enable timely interventions. The tracking can be done by the retiring employee as well as the administrative authorities.

In addition, forms required during the process are available in electronic format. The retiring employee can fill the forms online. It facilitates the administrative authorities by processing the claims and passing on the calculated amounts and other details to the Pay and Accounts Offices. The new system will also capture personal information, service data and contact details like mobile number and e-mail etc. The retiring employees will be kept informed of the progress of pension sanction process through SMS/E-mail.

Department of Pension & Pensioners' Welfare has implemented an online system called 'BHAVISHYA' for retiring central government civil employees. The system provides for on-line tracking of pension sanction and payment process. Tracking can be done by the individual as well as the administrative authorities for all actions preparatory to grant of pension and other retirement benefits. This is in line with the priorities of Government to ensure transparency and accountability in systems and processes.

At present, Bhavishya is implemented in main secretariat of 89 Ministries/ Departments except Ministry of Railways, Ministry of Defence, Department of Post, Department of Atomic Energy, Department of Tele communication and some security related sensitive organizations.

There is no such proposal to revamp the payment of pension through Public Sector Banks. However, the data base for the existing pensioners is being updated by the Authorized Banks for pensions’ payment once in a year through master data reconciliation with Central Pension Accounting Office (CPAO) and from time to time based on the Special Seal Authority (SSA) issued by CPAO to Central Pension Processing Centers (CPPCs) of Banks.

The Authorized Banks submit the report of payment of pension through e-scrolls to CPAO after making the payment of pension. Life Certificate is submitted by the Central Civil Pensioners/ Family Pensioners in the month of November every year and excess payment of pension may happen if the pensioner dies before the coming November, i.e., the next due date of submission of Life Certificate. If excess/ wrong payment of pension is paid to the pensioner by Public Sector Banks then entire amount is recovered by the Banks from the pensioners/ family pensioners as per the guidelines of Reserve Bank of India (RBI) in this regard. During the financial year 2016-17, an amount of about Rs. 73 crore was received/ recovered from the Authorized Banks by the Central Pension Accounting Office in respect of central civil pensioners/family pensioners.

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Simplification of Pension Procedure - Submission of Life Certificate

Pension Procedure

CPAO/IT&Tech/Bank Performance/37(Vol.III)/2017- 18/208

19.03.2018

Subject: Simplification of Pension Procedure - Submission of Life Certificate

Attention is invited to CPAO's 0M No. CPAo/Tech/Simplification/2012-13/325 dated-18.02.2013 on the above subject whereby it was decided to submit the life certificate to any branch of the authorized bank through which pension of pensioners/family pensioners is being disbursed. Format of acknowledgement to be given by the Life Certificates receiving branch to the pensioner/family pensioner was circulated vide this office OM No.CPAO/lT&Tech/Scheme Booklet/2015-16/1666 dated- 16.10.2015 which was reiterated vide OM No.CPA0/lT&Tech/Jeevan Pramaan/2015-16/ 1680 dated-09.11.2 015.

But, it is observed that bank branches are still not providing the acknowledgement of Life Certificate to the pensioners/family pensioners. Moreover, it has been observed that they do not forward the same to their CPPCs, resulting in stoppage of pension/ family pension which causes undue financial hardship to the pensioners/ family pensioners.

In view of the above, Heads of CPPCs and Heads of Government Business Divisions of all the authorized banks are requested to issue necessary instructions to all their branches to provide the acknowledgement of Life Certificate to the pensioner/family pensioner without fail and forward the same to the concerned CPPCs for necessary action.

sd/-

(Md.Shahid Kamal Ansari)

(Asstt. Controller of Accounts)

Source: www.cpao.nic.in

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2nd Option of Pension for Compulsorily Retired Officers/Employees

2nd Option of Pension for Compulsorily Retired Officers/Employees

Indian Banks' Association
HR & INDUSTRIAL RELATIONS

No.HR&IR&HR/CIR/G2/BRK/4684

March 16, 2018

 Chief Executives of Member Banks which

are parties to the Bipartite Settlement

Dear Sir/Madam,
2nd Option of Pension for Compulsorily Retired Officers/Employees

The United Forum of Bank Unions (UFBU) representing workmen and officers in Banks were requesting to allow another option to those Who were in the service Of the Banks prior to 29th September, 1995 in case of Nationalized Banks / 26th March, 1996 in case of Associate Banks of State Bank of India and continued in service on or after that date and did not opt for pension when offered as per the scheme.

2. After holding various rounds of discussions in the matter, consensus was arrived at between the parties and a Bipartite Settlement/Joint Note was signed on 27.4.2010 to extend another option of pension to those Workmen / Officers who:-

(a) were in the service of the Bank prior to 29th September, 1995 in case of the Nationalised Banks/26th March, 1996 in case of Associate Banks of State Bank of India and continue in service of the Bank on the date of signing above mentioned Bipartite Settlement/Joint Note;
(b) exercise an option in writing within 60 days from the date of offer, to become a member of the Pension Fund and
(c) authorise the Trust of the Provident Fund of the Bank to transfer the entire contribution of the Bank along with interest accrued thereon to the credit of the Pension Fund. In addition, the individual employee/officer has to pay @ 2.8 times of the revised pay for the month of November 2007.
(d) were in service of the Bank prior to 29th September 1995 in case of Nationalised Banks /26th March 1996 in case of Associate Banks of State Bank of India and retired after date and prior to the date of above mentioned Bipartite Settlement/Joint Note i.e. 27.04.2010;
(e) exercise an option in writing within 60 days from the date or offer to become a member of the pension fund and,
(f) refund within 30 days after expiry of the said period Of 60 days, the entire amount Of the Bank's contribution to the Provident Fund and interest accrued thereon received by the employee/officer on retirement together with the payment over and above the said amount at 56% of the amount.

3. Families of above mentioned employees officers were also made eligible for said option subject to refund of Bank's contribution to the Provident Fund received by them as mentioned in point (f) above.

4. 2nd option of Pension was, however, not made available to the employees/officers who were compulsorily retired by the Bank. As such, some of these aggrieved employees/officers approached different Hon'ble High Courts seeking relief in the matter. Various Hon'ble High Courts viz Andhra, Madras, Madhya Pradesh, Punjab & Haryana and Patna have ruled in favour of the employees\officers who were compulsorily retired. However Hon'ble Delhi High Court has taken a contrary view on the technical ground.

5. The matter was placed before the Standing Committee on HR of IBA in its meeting held on 07.12.2017. Aner deliberations, the committee recommended to place the matter before the Managing Committee of IBA. Accordingly. the matter was put up to the Managing Committee of IBA in its meeting held on 29.12.2017. The committee advised to seek legal opinion on the judgements as to whether 2nd option of pension may be allowed to all ex-officers/ex-employees who were compulsorily retired from Bank’s service between 29.09.1995 to 27.04.2010 or only selectively to those who approached the Bank for the same.

6. The legal opinion from Shri S.D.Kelkar, Senior Partner, Kelkar & Associates whose services have been engaged in IBA as retainer, Was obtained in the matter, His opinion is as under:

"Having considered the decisions rendered by the Hon'ble High Courts of Andhra Pradesh, Madras, Madhya Pradesh, Punjab & Haryana, Patna which have ruled in favour of the employees/officers who were compulsorily retired way way of punishment/ on the ground that they are covered by the Joint Note as well as decision of the Hon'ble Delhi High Court which has taken a contrary view on the technical ground and the fact that SLPs preferred against the Judgments of the High Courts which had ruled in favour of the employees were dismissed though such dismissal cannot be considered as law laid down by the SC., we are of the considered view the banks are bound to give 2nd option to all the employees/ officers who were compulsorily retired and who fall within the ambit of the Joint Note to exercise option for the following reasons:-

The Joint Note does not distinguish between voluntary retirement, superannuation, premature retirement, compulsory retirement.

Even the employees/ officers who are compulsorily retired by way of punishment are eligible for pension under the pension regulations.

Banks being "State" within the ambit of Article 12 of the Constitution of India should act in a fair and reasonable manner and should not restrict it only those who demand it. Such stand, if any, adopted by the banks may invite strictures from Courts'.

7. The views of the Legal Retainer of IBA were placed before the Managing Committee of IBA in its meeting held on 25.01.2018. The committee after deliberation concurred with the legal opinion placed before it and advised to inform all PSBs accordingly. The exact modus operandi of the extension of 2nd option to compulsorily retired employees/officers was to be worked out in discussions with GMs (HR) of PSBs to decide on a uniform methodology which will stand scrutiny of court.

8. To work out the methodology in this regard, a meeting of the GMs (HR) was convened on 28.02.2018 at IBA. After detailed discussions, a consensus has been arrived at to extend the option of pension to compulsorily retired employees/officers on same terms & conditions as are mentioned in Bipartite Settlement/Joint Note dated 27.04.2010, As per the agreed terms & conditions of said Bipartite Settlement/Joint Note, Pension/Family Pension shall be payable with effect from 27th November, 2009, provided that employees/officers who are compulsorily retired after that date shall get pension from the respective dates of such retirement. Court cases, if any, in the matter may be withdrawn forthwith.

9. Please do the needful accordingly.

Yours faithfully,

sd/-

B Raj Kumar

Deputy Chief Executive

Source: http://www.iba.org.in/

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7th CPC Pension Revision Status

7th CPC Pension Revision Status

F.No.CPAO/Co-Ord/(100)/2017-18/491
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066

Dated: 22nd Jan, 2018

All the Joint Secretaries (admin)/Admin in charge
Ministries/ Departments Government of India

Sub: Providing a link of CPAO website in the websites of Ministries/Departments and their attached/ subordinate offices to get the status of 7th CPC pension revision by the central civil pensioners.

Sir/Madam,
As you are aware that 7th CPC pension revision for Pre-2016 pensioners/family pensioners is going on in compliance to the DP&PW 0M dated 12th May, 2017. As on date, more than 5 Lakhs pension revision cases of central civil pensioners/family pensioners have been received in Central pension Accounting Office (CPAO). CPAO is receiving many queries from the pensioners/family pensioners regarding status of their pension revision. CPAO is providing the status of pension revision to the pensioners. The pension revision status can also be checked by the pensioners/family pensioners through CPAO website www.cpao.nic.in by entering their 12 digit PPO numbers. For the wider publicity of this facility among Central Civil Pensioners/family pensioners, it is felt necessary that a link of this facility available on CPAO website may be provided in the official websites of your Ministry/Department and its attached/subordinate offices for the benefits of pensioners.

It is therefore requested that a link of following URL Of CPAO website; http://cpao.nic.in/Pensioner/ppo_status.php may be created in the websites of your Ministry/Department by the NIC Wing under the caption-"Check Your 7th CPC Pension Revision Status".

For any query, Sh. Davinder Kumar, Sr. Technical Director, NIC, CPAO maybe and email-kumardavinder@nic.in.

Yours Sincerely

(Subhash Chandra)
Controller of Accounts

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

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29 cases resolved at the Second 'Pension Adalat'

29 cases resolved at the Second 'Pension Adalat'

Ministry of Personnel, Public Grievances & Pensions

29 cases resolved at the Second 'Pension Adalat'

Use of technology improves Grievance redressal: Jitendra Singh

The Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh attended the second 'Pension Adalat' here today. The Pension Adalat was organized by the Department of Pension & Pensioners’ Welfare. The objective of the Pension Adalat was to provide on-the-spot resolution of unresolved grievances and also to reduce the delays in the settlement of legitimate dues of the pensioners

Addressing the Pension Adalat, MoS, Shri Jitendra Singh congratulated the Department of Pension & Pensioners’ Welfare for successfully conducting the second 'pension Adalat' where out of 31 grievance cases 29 were resolved within few hours of hearing. He said that technology can play a vital role in facilitating the pensioners in disposing off their cases and for speedy redressal system for them.

He added that earlier Department of Pension & Pensioners Welfare is now a days in the news for all good reasons as it has done a lot good to the old pensioners. It has brought smile to the pensioners faces by resolving their cases quickly and amicably.

Appreciating the Centre Government's initiatives under the leadership of Prime Minister, Shri Narendra Modi for older generation in the field of pension and health, he said , it has brought changes in society where old people feel neglected. He also suggested for starting a helpline by the Department of Pension & Pensioners’ Welfare for the pensioners in resolving their problems.

In this Pension Adalat 34 pension grievances cases were listed and the various Stakeholders from Ministries, Departments, Banks, and CPAO have been called upon to redress the issue on spot. The issue includes revision of Family Pension, Commutation of Pension, final settlement of GPF, Fixed Medical Allowance etc.

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7CPC: Revision of Disability/ War Injury pension for pre-1.1.2016 Defence Forces pensioners

Implementation of Government decision on the recommendations of the 7th Central Pay Commission (CPC) - Revision of Disability/ War Injury pension for pre-1.1.2016 Defence Forces pensioners

No.17(01)/2017/D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi-110011,

Dated 23rd January, 2018

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: Implementation of Government decision on the recommendations of the 7th Central Pay Commission (CPC) - Revision of Disability/ War Injury pension for pre-1.1.2016 Defence Forces pensioners reg.

The undersigned is directed to refer to this Ministry's letter No. 17(01)/2016-D(Pen/Pol) dated 29th October 2016 modified vide letter No 17(01)/2017(01)/ D(Pension/Policy) dated 4th September, 2017 for revision of pension of pre-2016 Defence Forces pensioners/ family pensioners in implementation of the Government decisions on the recommendations of the 7th CPC. As per the same, disability element/ liberalized disability element/ war injury element of Defence Forces pensioners have been revised by the pension disbursing agencies by multiplying the existing rate of disability element as on 31.12.2015, by factor of 2.57 to arrive at revised rate of disability element as on 1.1.2016. The Ministry vide letter No 17(01)/2017 (02)/D(Pension/Policy) dated 5th September, 2017 have also issued orders for revision of pension including disability element by issue of corrigendum PPO based on notional pay fixed as on 1.1.2016 in the 7th CPC pay matrix corresponding to the pay in the pay scale/ pay band 86 grade pay in which the pensioner had retired. The later order of 5th September, 2017 allows the benefit of broad banding of disability in cases of retirement/ discharge voluntary or otherwise with disability/war injury and additional pension on disability/war injury element to be authorized by issue of corrigendum PPO

2. In partial modification of Ministry's said order dated 29th October, 2016 as modified, the President is now pleased to decide that in cases where Armed Forces pensioners who were retired/discharged voluntary or otherwise with disability and were in receipt of disability/war injury element as on 31.12.2015, their extent of disability shall be re-computed in the following manner before applying the multiplication factor of 2.57 on existing disability/war injury element to arrive at the revised disability element/war injury element as on 1.1.2016.

Accepted percentage of disability	Percentage to be reckoned for computation of Disability Element
20% or more but less than 50%	50%
Between 50% to 75%	75%
Between 76% to 100%	100%

3. Rates for calculation of disability where composite assessment has been made due to existence of disability as well as war injury, shall be determined in terms of provision contained in Para 3(b) of Ministry’s letter No.16(02)/2015-D(Pen/Pol) dated 8th August 2016. The amount of revised disability element finally arrived shall be rounded off to next higher rupee.

4. The president is also pleased to decide that quantum of additional pension available to old age pensioners after attaining the age of 80 years and above, shall also be admissible on revised disability/war injury element. The Note below para 12 of this Ministry’s above mentioned letter dated 29th October,2016 stands deleted.

5. The provisions of this Ministry's above -mentioned letter dated 29th October 2016 as modified vide letter dated 4th September,2017 and dated 5th September,2017 which are not affected by the provisions of this letter, shall remain unchanged.

6. PCDA (Pensions) Allahabad shall issue necessary implementation instructions for implementation of provisions of these orders directly by the pension disbursing agencies.

7. The provisions of this letter shall take effect from 1.1.2016.

8. This issues with the concurrence of Finance Division of this Ministry vide their ID No.Part file (i) to 30(01)/2016/Fin/Pen dated 15.12.2017.

9. Hindi Version will follow.

Yours faithfully

sd/-

(Manoj Sinha)

Under Secretary to the Government of India.

 Authority: www.desw.gov.in

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