Restoration Of Full Pension Of Absorbee Pensioners

Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010

F.No.4/34/2002-P&PW(D).Vol.II

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi

Dated : 23rd June, 2017

Office Memorandum

Subject: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

The undersigned is directed to say that in accordance with the instructions which existed before 31.03.1995, a Government servant, on absorption in a Public Sector Undertaking or an Autonomous Body, had the option to draw pro-rata gratuity and a lump sum amount in lieu of pension. The option regarding payment of lump sum amount in lieu of monthly pension on absorption in a PSU or autonomous body was available in terms of the instructions issued vide Department of Expenditure’s O.M. No.26(18)-E.V(B)/75 dated 08.04.1976, Department of Personnel & Training’s O.M. No.28016/5/85-Estt.(C) dated 31.01.1986 and Department of Pension & Pensioners’ Welfare’ O.M. No.4(12)/85-P&PW dated 31.03.1987. This option was also available to Government employees on absorption in PSUs/autonomous bodies of the State Governments and Joint Sector undertakings in terms of this Department’s O.M. No.4/43/88-P&PW(D) dated 16.10.1989. The terms and conditions for absorption of Government employees consequent on conversion of a Government Department into a PSU or autonomous body issued vide this Department’s O.M. No.4/18/87-P&PW(D) dated 5.7.1989 also provided for a similar option of lump sum payment in lieu of monthly pension.

2. In accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972, incorporated vide Department of Expenditure’s Notification No.44(1)-E.V./71 dated 09.04.1973, on exercise of the above option, an employee was entitled to a lump sum amount not exceeding the commuted value of one-third of the pension and terminal benefit equal to twice the aforesaid lump-sum amount, subject to the condition that the Government servant surrendered his right of drawing two-thirds of his pension.

3. The option to draw a lump sum amount in lieu of pension was withdrawn vide this Department’s O.M. No. 4/42/91-P&PW(D) dated 31st March, 1995. Accordingly, the erstwhile Rule 37-A was omitted from the CCS(Pension) Rules, 1972 vide Notification No. 4/42/91-P&PW(D) dated 25.06.1997.

4. In implementation of the Order dated 15.12.1995 of Hon’ble Supreme Court in WP(C) No. 11855/85, instructions were issued vide this Department’s O.M. No. 4/3/86-P&PW(D) dated 30.09.1996 for restoration of one-third commuted portion of pension of Government servants who had drawn lump sum payment on absorption in a PSU/autonomous body. Further instructions were issued, from time to time, for computation and revision of the one-third restored pension of such absorbee pensioners and for payment of the attendant benefits like dearness relief, etc. to such absorbee pensioners. Orders for revision of the one-third restored pension w.e.f. 01.01.2006 of such absorbee pensioners were issued vide this Department’s O.M. No4/38/2008- P&PW(D) dated 15/09/2008, O.M. No.4/30/2010-P&PW(D) dated 11/07/2013. and O.M. No.4/38/2008-P&PW(D) dated 04/08/2016. These absorbee pensioners were, however, entitled to dearness relief and age-related additional pension based on the notional full pension.

5. Hon’ble High Court of Judicature of Madras, in its judgement dated 02-08­2007 in Writ Petition No.22207/2002 filed by one Sh. K. Ganesan, an officer in the office of Controller General of Accounts, held that surrendering of the right for drawal of 2/3rd of Pension after its commutation, as provided under Rule 37-A (b), was repugnant to Section 12 of the Pensions Act, 1871 and that the petitioner was lawfully entitled for the restoration of his pension after the expiry of the period of commutation of 2/3rd Hon’ble High Court, accordingly, directed restoration of 2/3rd pension and payment of arrears accordingly.

6. An SLP(Civil) No.4054/2008 (converted into Civil Appeal No. 6048/2010) was filed by the Union of India challenging the aforesaid order dated 02-08-2007 of Hon’ble High Court of Judicature of Madras. In its order dated 1.9.2016, Hon’ble Supreme Court found no justification to interfere with the order dated 02.08.2007 of Hon’ble High Court directing restoration of 2/3rd pension in respect of the respondent (Shri K. Ganesan), after the expiry of the requisite period of commutation. The Civil Appeal No. 6048/2010 was accordingly dismissed by Hon’ble Supreme Court. In the said judgement dated 1.9.2016, similar direction was passed by Hon’ble Supreme Court in the Civil Appeal No. 6371/2010 for restoration of 2/3rd pension in respect of the petitioners, Shri K.L. Dhall, an absorbed employee of Ministry of Civil Aviation and member pensioners of Welfare Association of Central Government Officers, CAD Absorbed in PSU.

7. Review Petitions No. 465/2017 and No. 472/2017 were filed by Union of India in the Supreme Court against the aforesaid order dated 1.9.2016. Instructions were separately issued to the office of Controller General of Accounts and the Ministry of Civil Aviation vide OM No.4/34/2002-P&PW(D).Vol.II dated 21-12­2016 and OM No. 4/34/2002-P&PW(D).Vol.II dated 21-12-2016 respectively, for implementation of the orders of Hon’ble Supreme Court in respect of the petitioner/respondent pensioners in the aforesaid Civil Appeals, subject to the final outcome of the Review Petitions. The aforesaid Review Petitions No. 465/2017 and 472/2017 have been dismissed by Hon’ble Supreme Court on 22.03.2017.

8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02-08-2007 of the Hon’ble Madras High Court and the Order dated 01-09-2016 of the Hon’ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump-sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of commutation period of 15 years from the date of payment of 100% lump-sum amount.

9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission.

10. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India.

11. Ministry of Agriculture etc. are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay & Accounts Officers and Attached & subordinate Offices under them on a top priority basis and for taking necessary action for implementation of the above instructions. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

12. This issues with the approval of Ministry of Finance (Department of Expenditure) vide their ID Note No.1(11)/EV/2017 dated 26-05-2017 and dated 13-6­-2017.

13. Hindi version will follow.

sd/-

(Harjit Singh)

Director

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

Counting of former AF Service (Army/Navy/AF) towards Civil Services – PCDA Clarification Orders issued on 16.6.2017

Counting of former AF Service (Army/Navy/AF) towards Civil Services – PCDA Clarification Orders issued on 16.6.2017

Circular No.C-166

No.GI/C/077/Vol-XIII/Tech

O/o the PCDA (P), Allahabad

Dated: 16/06/2017

To,
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(All Head of Department under Min. of Defence)

Sub:- Counting of former AF Service (Army/Navy/AF) towards Civil Services – Clarification regarding…

On the introduction of New Pension Scheme, counting of Former Service was stopped. GOI, DP&PW vide their 0M No.P&PW 0M N028/30/2004- P&PW (B) dated 26 July, 2005 followed by 0M dated 28.10.2009 allowed counting of Former Service for such employees only who have been mobilized after submitting technical resignation for new appointment in the new Ministry/ Department/ Central Autonomous bodies subject to fulfillment of other prescribed condition.

2. The subject matter was referred for clarification as to whether benefits of counting of former service as per Rule 19 of the CCS (Pension) Rules 1972 is allowed to those reemployed Ex-Servicemen who have been appointed to civil establishment on or after 01.012004 on the issuance of GOI DP&PW vide their 0M No. P&PW 0M No-28/30/2004- P&PW (B) dated 26 July, 2005 followed by 0M dated 28.10.2009.

3. In this regard competent authority has issued following clarifications:-

i. Vide Rule 2 of the CCS(Pension) Rules 1972 are not applicable to those who have been appointed to civil establishment on or after 01.01.2004 i.e. benefits of Rule 19 of the CCS(Pension) Rules 1972 are also not available to those appointed to civil establishment on or after 01.01.2004.

ii. DP&PVV vide their 0M No 28/30/2004-P&PVV (B) dt. 26.012005 followed by 28.10.2009 had allowed counting of former service for those employees only who have been mobilized after submitting technical resignation for new appointment in the new Ministry / Department/ Central Autonomous Bodies subject to fulfillment of other conditions i.e. unless and until Armed Forces Personnel had joined new service after rendering technical resignation for joining the new post, he/she shall not be covered under Deptt of P&PW 0M No. 28/30/2004 P&PW (B) dt. 28.10.2009.

3. Therefore, it is requested that all similarly placed cases may be regulated accordingly. Cases where benefits of Rule 19 of the CCS(Pension) Rules 1972 have been given to those appointed to a civil establishment on or after may be reviewed de-novo and necessary action may be taken in each case in consultation with Pay Controllers.

4. In view of the foregoing, you also are requested to issue suitable instructions (along with copy of this circular) to all the Head of Offices under your administrative control to ensure that claim on the subject matter henceforth are floated in accordance with clarification given in above Para.

(Rajeev Ranjan Kumar)

Dy. CDA (P)

Order Copy

Authority: http://pcdapension.nic.in/

Revision of pension of Pre-2006 Pensioners/family pensioners who retired as NCC Whole Time Officers (Male) in rank of lieutenant, Captain, Major & Lt. Col

Revision of pension of Pre-2006 Pensioners/family pensioners who retired as NCC Whole Time Officers (Male) in rank of lieutenant, Captain, Major & Lt. Col – reg.

Circular No:C-167

No:-GI/C/0183/Vol-II/Tech

O/o the Pr.C.D.A. (Pensions)

Draupadighat Allahabad -211014

Dated: – 21/06/2017

To,

The Treasury Officer

The PO- Master, Kathua, Srinagar (J&K)

The PO- Master, Campbell Bay (Andman & Nicobar)

The Defence Pension Disbursing Officer

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Pay & Accounts Officer

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Military & Air Attache, Indian Embassay, Kathmandu, Nepal (through Gorkha Record Officer, Kurnaghat, Gorakhpur)

Director of Accounts, Panji (Goa)

Finance Secretary, Gangtok, PO-I, Thimpu Bhutan

The General Manager (Nodal Officer, PSBs)

All Managers, CPPC of Public Sector Banks.

All Managers, CPPC of Authorized Private Banks. ———————————–

Subject: Revision of pension of Pre-2006 Pensioners/family pensioners who retired as NCC Whole Time Officers (Male) in rank of lieutenant, Captain, Major & Lt. Col – reg.

Ref:- This office circular no. 102, dated 11.02.2013, C-144, dt. 14.08.2015 and C- 149, dt. 08.04.2016.

Attention of all Pension Disbursing Authorities is invited to above cited circulars wherein instructions had been issued for implementation of GOI, Ministry of P,PG and pensions, Deptt of P&PW OM No.38/37/08-P&PW(A,) dated 28.01.2013 circulated under this office circular no. 102 dt 11.02.2013. According to these orders, revised pension and family pension of pre-2006 pensioners/family pensioners as revised w.e.f. 01-01-2006 in no case would be less than 50% & 30% respectively of the sum of minimum of pay in pay band and the grade pay corresponding to the pre- revised pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Min of Fin, Deptt of Expenditure OM No. 1/1/2008 – IC dated 30-08-2008. In case of HAG and above scales, this will be 50% & 30% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above referred OM dated 30-08-2008 of Ministry of Finance, Department of Expenditure.

(2) For this purpose, a revised concordance table of the pre – 1996, pre-2006 and post 2006 pay scales/pay bands indicating the pension/family pension (at ordinary rates) payable under the above provisions was enclosed with ibid Govt. OM dt. 28.01.2013 to facilitate payment of revised pension/family pension.

(3) However, it was not possible to give the benefits of revised pension under Govt. O.M. dated 28.01.2013 in absence of VIth CPC pay scale applicable to NCC Whole Time(Male) Officers. Now it has been confirmed that the pay scales as notified for NCC Whole Time Lady Officers for the rank of lieutenant, Captain, Major & Lt. Col under MOD letter No.10515/CPC/DGNCC/Pers(C)/1001/D (GS-IV)/2009 dated 27th July’ 2009 shall be taken into consideration for revision of pension of Pre-2006 retirees NCC Whole Time Officers (Male) of the corresponding ranks. Hence, attention of all pension disbursing authorities is again invited that in case of pre-2006 pensioners who retired as NCC Whole Time Officers in rank of lieutenant, Captain, Major & Lt. Col, their revised pension/family pension as on 01.01.2006 would not be less than as tabulated below:-

(4) In case the consolidated pension/family pension calculated as per Para 4.1 of OM No.38/37/08-P&PW (A) dated 01-09-2008 is higher than the pension/family pension tabulated above, the same ( higher consolidated pension/family pension ) will continue to be treated as basic pension/family pension.

(5) All other conditions as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from time to time shall remain unchanged.

(6) All pension disbursing authorities are therefore, requested to revise the pension/family pension in affected cases in terms of ibid circular. Payment made w.e.f. 01.01.2006 will be adjusted against the arrears now being paid and these cases may be reflected in the monthly account sent to this office as ‘change item’.

(7) Where the PDAs are in doubt in regulating the payment of revised pension/family pension under these orders, the cases with full details of pensioner/family pensioners and PPO No: etc may be referred to Audit Section of this office for advice and further action.

sd/-

(Rajeev Ranjan Kumar)

Dy. CDA (P)

Order Copy

Authority: http://pcdapension.nic.in/