Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners, who were boarded out from service, with less than 10 years of qualifying service, due to an injury/ disability, attributable to Govt. service

Central Government Pension News

No.1/7/2017- P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
July 28, 2020

OFFICE MEMORANDUM

Subject: Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners, who were boarded out from service, with less than 10 years of qualifying service, due to an injury/ disability, attributable to Govt. service – regarding.

The undersigned is directed to say that, considering the hardship being faced by the disabled Government servants, covered under the provisions of CCS (EOP) Rules, the Government had decided to dispense with the minimum service required for earning service element of disability pension, with effect from 01.01.2006 and orders were issued vide OM No.33/5/2009-P&PW (F). dated 10th December 2010.

Also check: 7th CPC Concordance Table – Revision of pension pre-2016 pensioners/family pensioners

2. A doubt has been raised whether the provision of the aforesaid OM, dated 10.12.2010, would be applicable to the Government servants who were boarded out of service, prior to 01.01.2006, with a qualifying service of less than ten years.
3. The matter has been examined and it is clarified that Central Civil Government servants who were boarded out, prior to 01.01.2006, with a qualifying service of less than ten years and were in receipt of only the disability element of disability pension, would also be eligible for the service element of disability pension, w.e.f. 01.01.2006, in addition to the disability clement.
4. For calculating the disability pension w.e.f. 01.01.2006, the disability pension comprising, both the service element and the disability clement, will be notionally fixed from the date of boarding out and the same will be notionally revised in accordance with the orders tor revision of disability pension. issued from time to time. The actual payment of such revised disability pension would be payable only w.e.f. 01.01.2006, No arrears on account of grant of service element, for the period prior to 01.01.2006, would be admissible. The amount of service gratuity, if any paid, to the Government servant at the time of boarding out would be adjusted from the arrears of pension accruing as a result of these orders.
5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their ILD. Note No. 1(9)/EV/2019 dated 25/06/2020.
6. In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India.
7. The Administrative Divisions of all Ministries / Department & attached / subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

(Seema Gupta)
Director

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Railways: Revision of pension w.e.f. 01.01.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500 to Rs. 10500

Railways: Revision of pension w.e.f. 01.01.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500 to Rs. 10500

RBE No. 17/2019

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. F(E .(E)II1/2008/PN1/12

New Delhi, Dated : 04.02.2019

The GMs/Principal Financial Advisors,
All Zonal Railways/Production Units,
(As per mailing list)

Subject: Revision of pension w.e.f. 01.01.2006 of Pre- 2006 pensioners who retired from the 5th cpc scale of Rs. 6500/- 10500/- regarding.

A copy of Department of Pension and Pensioners Welfare (DOP&PW's) O.M No. 38/33/12-P&PW(A) dated 4th January, 2019 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. CCS (Revised Pay) Rules, 2008, correspond to Railway Services (Revised Pay) Rules, 9008. The Ministry of Finance, Department of Expenditure’s O.Ms No. 1/1/2008-IC dated 30.08.2008 and 43.11.2009, mentioned in the DOP&PW's O.M. dated 04.01.2019, have been adopted on Railways vide this office's latter No. PC-VI/ 2008 /RSRP / 1 dated 11 09.2008 and PC-VI / 2009 / I / RSR P/ 8 dated 22.12.2009 respectively.'

The Railway Board's instructions corresponding to the DOP&PW's instructions referred to in their aforesaid O.M. dated 04" January, 2019 are given under:-

DOP&PW’s instructions | Railway Board's corresponding instructions.
O.M. No. 38/37/08-P&PW(A) dated 01.09.2008 | Letter No. F(E)II/2008/PN1/12 date 08.09.2008
O.M. No. 38/37/08-P&PW(A) dated 28.01.2013 | Letter No. F (E) III / 2008 / PN1 / 12 dated 11.02.2013
O.M. No. 38/37/08-P&PW(A) dated 30.07.2015 | Letter No. F(E) INI / 2008 / PN1 / 12 dated 31.07.2015

(G. Priya Sudarsani)
Director, Finance (Estt.),
Railway Board.

D.A.: as above

Source: Indian Railways

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Revision of Pension of Pre 2006 Pensioners who retired from posts where pay scales have been merged /upgraded: BPS writes to PM

BPS appeal to the Prime Minister Regarding Revision of Pension of Pre 2006 Pensioners – Reg: minimum pension for Pre 2006 Pensioners who retired from posts where pay scales have been merged /upgraded

BHARAT PENSIONERS’ SAMAJ

(All India Federation of Pensioners’ Associations)

(Registered No. 2023 of 1962-63)

Member International Federation on Ageing.

Tornto (Canada)

2/l3-A – LGF Backside, Jangpura – ‘A’.

New Delhi – 110014

Mobile : 09868488199

No SG/BPS/016/01

dt: 01.03.2016

Shri Narendra Modi,

Hon. Prime Minister of India

South Block, New Delhi.

Dear Sir,

Sub: Revision of Pension of Pre 2006 Pensioners – Reg: minimum pension for Pre 2006 Pensioners who retired from posts where pay scales have been merged /upgraded.

Refz-i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08,

ii) DOP&PW OM. F.No. 38/37/08-P&PW (A) dated 3-10-08, 14-10-08 & 11-2-09

iii) DOP&PW OM. F.No. 38/37/08-P&PW (A) dated 30-7-2015

We seek your benign intervention in the following matter of injustice with a section of Pre-2006 Central Government Pensioners:

1. Sixth Pay Commission recommended for “Modified Parity” between Pre-2006 & post-2006 Pensioners. Its Recommendations were accepted by the Cabinet vide Resolution dated 29-8-08 cited above, which inter-alia provided that “The fixation (of Pension) …… will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired.” DOP&PW issued the orders thereon vide OM dated 1-9-08.

2. Later on, DOP&PW made changes in the above said orders (vide Para 5 of OM dated 11-2-09 cited above) & inter-alia laid down the condition that “benefit of up-gradation of posts subsequent to their retirement would not be admissible to the pre-2006 pensioners in this regard.”

3. The above said condition changed the very nature and content of the decision of the Cabinet notified vide Gazette Notification dated 29-8-2008 as the said Resolution did not provide for it.

4. DOP&PW’s OM dated 11-2-09 has since been quashed by the CAT New Delhi vide OA 655/2010 directed for fixation of Pension as per Resolution dated 29-8-2008.

5. All SLPs of the Government in this regard, against the judgements of the CAT and High Courts, had been conclusively been rejected by the Apex Court vide its judgement dated 17-3-15.

 a) DOP&PW vide OM dated 28-1-2013 ordered for Revision of Pension of Pre-20006 Pensioners to 50% of minimum of the Pay in the Pay Band plus Grade Pay of the Corresponding to Pre-revised scale w.e.f. 24-9-2012 whereas the decision of the Cabinet on 24-9-2012.

b) This order was modified and implemented w.e.f. 1-1-2006 vide DOP&PW OM dated 30-7-15 – as per Orders of the Supreme Court on 17-3-2015.

6. The order dated 30-7-15 only partially implemented the orders of the Courts and the orders are yet to be issued in respect of revision of Pension as per pay scales of merged/upgraded posts.

7. DOP&PW OM No. 38/77-A/09- P&PW(A) Pt. of 5.3.2015 (para 2) says “Hon’ CAT/PB in orders dt. 1.1 1 .201 1 directed that the past pensioners may be granted w.e.f. 1.1.2006 revised pension with ref. to Fitment Table for the Post, as adopted for pay fixation of serving employees.”

8. Delhi High Court in W.P.(C) 8012/2013 had held that “policy decision of the Government in the OM dated September 01 , 2008 to fix pension for all category of pensioners did not classify post of pre January 01, 2006 retirees and all were entitled to pension as per a common formula”

9. All the above said judgements have been conclusively upheld by the Supreme Court.

10. It is, therefore, requested that Pre-2006 Pensioners be given the benefit of upgraded Pay Band and Grade Pay of the post from which they retired so that, minimum pension be not lower than 50% of the pay in the revised pay band plus the grade pay corresponding to the post from which the pensioner retired.

Yours faithfully,

sd/-

Er.S.C.Maheshwari

Secy.Genl

Bharat Pensioners Samaj

Source: http://scm-bps.blogspot.in/2016/02/bps-appeal-to-prime-minister-regarding.html

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Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees: DESW Oder dated 19th Jan, 2015

Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies

No 1(4)/2007/D(Pen/Policy)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi Dated, the 19th January, 2015

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

Subject: Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies -Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission reg.

Sir,

The undersigned is directed to say that orders were issued vide this Ministry’s letter No 1(4)12007/D(Pen/Policy) dated 21.8.2009 amended vide letter No 1(4)/2007/ D(Pen/Policy) dated 9.2.2011 regarding revision of restored amount of commuted portion of pension as well as notional full pension with effect from 1.1.2006 in respect of Armed Forces Personnel absorbees who had drawn lump sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and have become entitled for restoration of 45% of pension in the case of PBOR and 43’% of pension in the case of Commissioned officers.

2. In compliance of orders of Hon’ble CAT, Hyderabad Bench order in CP No 26/2012 in OA 710/2010, Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare vide their OM No 4130/2010-P&PW(D) dated 11th July 2013 has issued order that restored pension of those Government servant who had drawn lump- sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and whose pension has been restored from a date before 1.1.2006, the pre-revised restored pension (without DP) shall be revised with effect from 1.1.2006 by multiplying the same by a factor of 2.26, if the same is more beneficial than the amount of revised restored pension in terms of 6th CPC orders. These instructions have been issued as a special case and would not be taken into consideration for revision of pension on the basis of recommendations of next Pay Commission.

3. The undersigned has been directed to say that the provisions of Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare OM No 4/30/2010-P&PW(D) dated 1 lth July 2013 shall apply mutatis – mutandis to Armed Forces personnel absorbees.

4. The other terms and conditions prescribed vide this Ministry’s above mentioned letter dated 21.8.2009 as amended, which are not affected by the provisions of this letter, shall remain unchanged. Pension Sanctioning Authorities shall revise restored portion of pension of absorbee pensioners’ suo moto, if found beneficial, by issue of revised Pension Payment orders, where the restored pension has already been revised in terms of this Ministry’s above said letter dated 21.8.2009.

5. These orders issue with the concurrence of MoD (Finance/Pension) vide their ID No 31(08)/09/Fin/Pen dated 22.12.2014.

Hindi version of this order will follow.

Yours faithfully,

sd/-

( Prem Parkash )

Under Secretary (Pension/Policy)

Source: http://www.desw.gov.in/
[http://www.desw.gov.in/sites/upload_files/desw/files/pdf/D%28Pen-Pol%29-19-Jan-15.pdf]

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Representations regarding revision of pension of pre-2006 pensioner and issuance of mandatory e-authority by Pay & Accounts Officers: CPAO Order

Representations regarding revision of pension of pre-2006 pensioner and issuance of mandatory e-authority by Pay & Accounts Officers: CPAO Order

Government of India
Central Pension Accounting Office
Department of Expenditure, Ministry of Finance
Trikoot-II, Bhikaji Cama Place
New Delhi-110066

CPAO/Tech/Clarification/2013-14/151

22.10.2013

OFFICE MEMORANDUM

Subject:- Representations regarding revision of pension of pre-2006 pensioner in the light of P&PW OM No. 38137108-P&PW (A) dated 28th January, 2013 and issuance of mandatory e-authority by Pay & Accounts Officers.

Department of Pension & Pensioners Welfare vide their OM No.38/37/08-P&PW (A) dated- 28.01.2013 has ordered to step-up the pension of pre-2006 pensioners upto 50% of the sum of minimum of pay in the pay band and grade pay corresponding to the pre-revised pay scale from which the pensioner has retired, as arrived at with reference to the fitment tables annexed to the Mb() Finance, D/o Expenditure OM dated-30.08.2008. To facilitate payment of revised pension/family pension a revised concordance table Annexure of the pre-1996, pre-2006 and post 2006 has also been enclosed with the OM dated-28.01.2013. Accordingly, necessary change in e-revision, e-filling utility was made by NIC, CGA to issue e-revision authorities for pre-2006 pensioners vide this office OM No. CPAO/Tech/e-Revision/2013- 14/33 dated-09.05.2013 read with OM No. CPAO/Tech/6th CPC/2013-14/42 dated- 16.05.2013 and issuance of e-revision authority was made mandatory with some exceptions vide this office OM No. CPAO/Tech/e-revision/2013-14/74 dated-26.06.2013.

2. Consequent upon the implementation of issuance of e- authority as mandatory some CAs/ PAOs are raising questions on imperfection of revised e-revision, e-filling utility software. After thorough examination of the orders on the subject, issued by Ministry of Finance and Deptt. of Pensions & Pensioners Welfare, it is observed that some posts in different organizations like Rajya Sabha Secretariat, Deptt. of Space, ITBP, Delhi Police, Assistants belonging to Central Secretariat Service, Stenographers Grade C (PA) of Central Secretariat Stenographer Service etc. were upgraded in the pre-revised scale of posts and were replaced by pay-band with higher grade pay in new pay structure of 6th Pay Commission. But these upgradations were applicable only from 01.01.2006. Obviously, these are not applicable for the pensioners who retired on or before 31.12.2005. This position was clarified by DPPW vide OM No.38/37/08-P&PW dated-11.02.2009. Para 5 of the OM clearly states that the benefit of upgradation of posts subsequent to their retirement would not be admissible to pre- 2006 pensioners.

3. Taking into consideration the above facts, revised e-revision, e-filling utility software has been developed which is perfect one in all respect. Therefore, it is requested to go through the P&PW OM dated-28.01.2013 alongwith the concordance table attached with it and fitment tables annexed to Ministry of Finance, Deptt. of Expenditure (Implementation Cell) OM No.1/1/2008 IC dated-30.08.2008 carefully.

4. If e-utility software shows any discrepancy it is an indication of misfeeding of data, hence required special attention and consultancy of fitment tables as referred above. In this context, some PAOs might have allowed the benefits of upgradation of posts to pre-2006 pensioners also. Initially due to non-availability of 5th CPCs Pay Scales in the software the check which is being applied in the revised e--utility software could not be made -effective. Hence, it is advised to issue the e-authority in all the cases with some exceptions mentioned in this office OM CPAO/Tech/e-revision/2013/14/75 dated-26.06.2013.

5. Earlier, some manual authorities might have been issued in which the benefits of upgradation has been allowed to pre-2006 pensioners also. Hence, a system generated list of revision authorities PAO-wise have been prepared for the convenience of PAOs to sort out the relevant cases for review and issue amendments, if required.

Keeping in view the volume of papers, the list is being sent through e-mail to each Pr.CCA/CCAs/CAs separately. Pr.CCA/CCAs/CAs may further distribute the same among '.their respective PAOs for further necessary action.

6.. In case of any doubt the matter may be referred to Department of Pensions & Pensioners Welfare for further clarification.

This issues with the approval of competent authority.

sd/-
Vijay Singh
Sr. Accounts Officer (Tech.)

Source: http://cpao.nic.in
[http://cpao.nic.in/pdf/cpao_tech_clarification_2013-14.pdf]

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