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Pension BenefitsExtension of Scope of Family Pension to Unmarried DaughtersAppended below please find a extract from GOI letter No. No.
1/19/03-P&PW (E) dated 06 Sep 2007. Counting of Service Rendered as Artificer Apprentice for the Purpose of Pension/Gratuity
Contents of Air HQ (RKP) letter No. Air HQ/25840/21/D Accts dated 06 Jun 06
reproduced below for the information all concerned:-
2. MoD has now asked this HQ to work
out the financial implications on the re-fixation of pay of Officers who were
affected on account of formula of pay fixation devised by IV CPC. AFCAO is now
working out the financial affect of all affected serving and retired officers on
this account. The Case of Maj (Retd) AK Vs The Union of IndiaIn accordance with the recommendations of the 4th Pay Commission and
government decisions thereon, as promulgated under Gazette of India
(Extraordinary) Notification No 91 dated 18/3/1987, officers of the Army, Navy
and Air Force were granted an integrated pay in the scale of Rs 3300
-100-3900-150-5100. Although the rank pay was sanctioned in addition to the basic pay, while
fixing the pay in the integrated scale an amount equal to the rank pay was
deducted from the total emoluments. This resulted in heavy financial loss to the
officers which also have cumulative effects on pay, DA, pension, gratuity etc. However, the Union of India preferred an appeal before a larger bench of the High Court against the judgment. Larger bench of the High Court was also pleased to dismiss the appeal. The Union of India filed an appeal with the Honourable Supreme Court of India. The Honourable Supreme Court was pleased to dismiss that appeal on 10th July 2005. According to the judgment, pay of Maj AK Dhanapalan has been re-fixed with effect from 1st January 1986 and government sanction for payment of arrears was issued. Officers (serving/retired) of the Armed Forces who were in service as on 1st January 1986 in their rank of Captain, Major, Lt Col, Col and Brig and equivalents in the Navy and the Air Force also fall in the same category and have suffered the same degree of injustice as Maj AK Dhanapalan had faced. However, they seem to have been forgotten by the authorities concerned in terms of redressal. This benefit has not automatically accrued to all similarly placed
officers of the Army, Navy and the Air Force.The `Dhanapalan Case' has set a
legal precedent. Eligibility for minimum arrears, after re-fixation, works out
approximately as:
7 Jul 06
Revision of Pension of Corporal Rank
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PC-MF-Air HQ/24229/283/FPHC/PP&R-3(i)/582/A/D(Pen/Sers) |
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| Government of India Ministry of Defence Department of Ex-Servicemen Welfare New Delhi dated 29.11.2005 |
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To The Chief of the Army Staff |
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Subject: Grant of family pension of life to handicapped children of Armed Forces Personnel |
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| Sir, | ||
| I am directed to state that vide this Ministry’s letter No.
A/49601/AG/PS-4(e)/3363/B/D(Pen/Sers) dated 27.8.1987, it had been decided that
the physically or mentally handicapped children of Armed Forces Personnel could
be granted family pension for life subject to certain conditions. Before
allowing the family pension for life subject to any such son or daughter, the
appointing authorit7y has to satisfy himself that the handicap is of such a
nature as to prevent the child from earning his or her livelihood, and this has
to be evidenced by a certificated obtained from a Medical Officer not below the
rank of Civil Surgeon. 2. Doubts have been raised as to which Medical Officer on the Armed Forces side would be an officer of appropriate rank for the purpose of rendering such a certificate. It has now been decided that on the Armed Forces side a Medical Officer of the rank of Brigadier or above shall be considered as being “not below the rank of civil Surgeon” in terms of MOD letter dated 27.8.1987. 3. There was also a demand that in the case mentally handicapped children, the appointment of guardian may be allowed to be made by the pensioner instead of a court of law. On the civil side, provision in this regard already exists in the CCS (Pension) Rules, 1972 (Rules 54(6) (VI)). It has been decided to extend this provision of the CCS Pension Rules to son or daughter, the family pension shall be payable to a person nominated by the Armed Forces personnel or pensioner, as the case may be, and in case no such nomination has been furnished by the Armed Forces Personnel or pensioner during his life time, to the person nominated by the spouse of the deceased personnel or pensioner. 4. The existing procedure for issue of certificate by the appointing authority about earning livelihood will continue with change in the form of certificate to be given by the designated medical authority as per form No. AFMSF-3B. 5. Hence forth, name of the handicapped child will be indicated in the PPO to be issued for grant of service pension/family pension as is being done on civil side in order to eliminate discrimination on this account. CGDA will issue suitable direction to Pension Sanctioning Authorities in this regard. 6. All other conditions governing the grant of family pension to the handicapped/mentally-retarded children would remain unchanged. 7. These orders will take effect from the date of issue of this order. This issues with the concurrence of Ministry of Defence (Finance/Pensions) vide their U.O. No. 1765/DFA(Pen) dated 14.11.2005. |
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| Yours faithfully, Sd/- (S.R. Sharma) Under Secretary to the Govt of India |
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| Copy to : CGDA PCDA(P) AFA(Per) DGADS Dir/AG(PS-5) DPP&R, Air Hqrs DPA/NHQ |
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No. CPAO/Tech/ Amendments/Sch.Book/2005-06/69
Government of India
Ministry of Finance
Department of Expenditure
Central Pension Accounting Office
Trikoot-II, Bhikaji Cama Place,
New Delhi.
" Dated: 09-06-2005
OFFICE MEMORANDUM
Sub:-Payment of pension through Authorized Banks-Credit of pension to Joint
bank account operated by a pensioner with his/her spouse.
1. Under the facility of disbursement of pension through
Authorized Banks available to pensioners, a Pensioner is entitled to receive
his/her pension by getting it credited to a saving/current bank account operated
individually by him/her. Paras 4.1,4.2 and 12.9 of the "Scheme for Payment of
Pension for Central Government Civil Pensioners Through Authorized Banks"
outline the present procedure for credit of pension to Bank Account of the
pensioner. - However, operation of a joint account is not permitted under the
existing scheme.
2. The matter whether pensioners should be given an
option to receive pension by getting it credited to their saving or current bank
accounts operated jointly with their spouse, has been under consideration. It
has now been decided to permit credit of pension also to a joint account
operated by pensioner with his/her spouse in whose . favour an authorization for
family pension exists in the Pension Payment Order (PPO). The joint account of
the pensioner with the spouse could be operated either by 'Former or Survivor'
or Either or Survivor' basis subject to the following terms and conditions:
(a) Once pension has been credited to a pensioner’s bank account, the liability of the Government/Bank ceases. No further liability arises, even if the spouse wrongly draws the amount.
(b) As pension is payable only during the life of a pensioner, his/her death shall be intimated to the bank at the earliest and in any case within 0ne month of the demise, so that the bank does not continue crediting monthly pension to the joint account with the .spouse, after the death of the pensioner. lf; however, any amount has been wrongly credited to the joint. account, it shall be recoverable from the joint account and/or any to her account held by the pensioner/spouse either individually or jointly. The legal heirs, successors, executors etc. shall also be liable to refund any which has been wrongly credited to the joint account.
(c) Payment of Arrears of Pension (Nomination) Rules 1983 would continue to be applicable to a Joint Account with the pensioner's spouse. This implies that if there is an 'accepted nomination' in accordance with Rules 5 and 6 of these Rules, arrears mentioned in the Rules shall be payable to the nominee.
3. Existing pensioners desiring to get their pension credited to a joint account as indicated above are required to submit an application to the branch bank, from where they are presently drawing pension in the enclosed form. This would also be signed by the pensioner's spouse in token of having accepted the terms and conditions laid down in this Office Memorandum. These instruction are also applicable to the Govt. servants who will be retiring of this Office Memorandum.
4. 'The existing Scheme shall stand modified to the extent indicated above Formal correction to the Scheme will be issued in due course by the Central Accounting Office."
5. All Ministries/Departments and all
Authorized Banks are requested to give publicity to the Office Memorandum so
that pensioners may avail of this benefit.
(Vadana Sharma)
Chief Controller (Pension)
Letter Format - Conversion of Individual Pension Account to Joint Account
(Send letter to the Branch Manager of the bank which operates your Pension Account)
To
The Branch Manager
________________
Sub: - Payment of pension under PPO No._____through your bank branch.
Dear Sir/Madam,
I wish to receive my pension under PPO No._______________by getting it credited
to the saving/current bank account no.____________________ which is operated
jointly in your branch by me and my spouse, Mr./Mrs._______________________ in
whose favour an authorization for family pension exits in the Pension Payment
Order (PPO).
I have read and understood the contents of the Government of India, Ministry of
Finance, Department of Expenditure, Central Pension. Accounting Office OM
No.CPAO/Tech/Amendments/S.ch Book/2005-06/69 dated 09.06.2005 which contains the
following terms and conditions: Once pension has been to a pensioner's bank
account, liability of the government/ bank ceases. No further liability arises
even if the amount is wrongly drawn by the spouse.
(a) As pension is payable only during the life of a pensioner, his/her death shall be intimated to the bank at the earliest and in any case within one month of the demise, so that the bank does not continue crediting monthly pension to the joint account with the spouse, after the death of the pensioner. If, however, any amount has been wrongly credited to the joint account, it shall be recoverable from the Joint account and/or any other account held by the pensioner/spouse either individu1ly or jointly. The legal heirs, successors executors etc, shall also be liable to refund any amount, which has been . wrongly credited to the joint account.
(b) Payment of Arrears of pensions (nomination) Rule, 1983 would continue to be applicable to the joint account with pensioner's spouse. Thus. If there is an 'accepted nomination' in accordance with Rule 5 and 6 of these Rules, arrears mention in the Rules will be payable to the nominee.
I accept the above terms and conditions; My spouse too, in
token of having accepted those terms and conditions, has put his/her signature
below.
1. Signature of Pensioner
2. Signature of Spouse
Date:
A large numbers of enquiries have been received relating to enhanced pension
for pre-1996 retirees. There is no government/ministry directive or a court
order. It is just a RUMOUR. This has been clarified with Director PP&R on 12th
August 2005.
The only application of this pre-1996 clause comes up in respect of AVMs who
have retired prior to 1996. There was some pension grievance about Major
Generals receiving the same pension as a Brigadiers. The case was recently heard
by the High Court in Punjab. It ruled that Major Generals should get a higher
pension than Brigadiers. Ministry concerned has taken cognisance of this ruling.
The modalities of implementing this decision is yet to worked out. As and when
instructions are issued, we shall disseminate the news through appropriate
forums.
12th August 2005
Message from Air Force Association (Central) |
1. This Office has been receiving
numerous applications from pre-1996 retirees regarding payment of difference of
DCRG on the basis of Office Memorandum, perpetuated to have been issued vide
letter No. OM/86/97-P&W (A) dated 04 Dec 2004. It is clarified by ‘Ministry of
Personnel, PG & Pensions’ vide their letter No. 38/42/2005-P & PW(F) dated 17
Feb 2005 (Copy enclosed) that no such letter ( dated 04 Dec 2004) has been
issued.
2. This misnomer information appears to have been
generated by some President of the Retired Personnel’s Association in Delhi.
3. Further, it is intimated that the matter is still
under consideration with Supreme Court. As and when the decision on the subject
is received, will be intimated.
4. You are requested to apprise the members of retired
fraternity of the exact status on the subject who may approach you for pursuing
their case.
(RS Johar)
Wg Cdr (Retd)
Secretary
Encl: As stated.
| No. 38/42/2005-P&PW(F) | Government of India Ministry of Personnel, PG & Pensions Department of Pension & Pensioners’ Welfare |
1. The under signed is directed to say that a number of
representations have been received seeking confirmation whether in pursuance of
Supreme Court Judgement, vide this Department’s OM No. 45/86/97-P&PW (A) Pt. I
dated 04.12.2004; pre -1996 pensioners have been made eligible for receiving
additional gratuity. They have asked the concerned pensioners to apply to their
respective Departments by furnishing details of PPO number, date of retirement,
Bank details etc. It also contains a portion of the OM purported to have been
issued by this Department bus does not indicate the name of Officer under whose
signature it has been issued.
2. In view of the above, the factual position in the
matter is as under:
The Department has not issued any OM on 4.12.2004 granting additional gratuity to pre-1996 pensioners as there is no such Supreme Court Judgement in that respect; and
The extracts of OM reproduced by them purported to have been
issued on 4.12.2004 is in fact a portion of this Department’s OM dated 4.12.2001
bringing out certain modifications to OM dated 27.10.1997. In that OM, the
Government consequent upon acceptance of the 5th Pay Commission recommendations,
inter-alia, prescribed that 100% of DA be added to the pay and on this the
retirement/death gratuity be calculated. This was made effective from 1.1.1996.
It did not change any provisions regarding percentage on DA for those who
retired before 1.1.1996. Vide OM dated 4.12.2001 the Government clarified that
the addition to DA for calculation of gratuity would be applicable for
calculation of all types of gratuities like death/retirement/service gratuity.
In this OM also there is no change in other provisions of OM dated 27.10.1997
including the cut-off date of 1.1.1996. This was further clarified vide para
(ii) of OM dated 18.2.2003. Hence, prior to 1.1.1996, only basic pay was
reckoned as emoluments for computation of gratuity. It has not been agreed to
extend the benefits to retirees prior to 1.1.1996 as for grant of any benefit,
prescription of a cut-off-date is essential keeping in view various constraints
including financial constraints.
------Sd/------
(M.P.Singh)
Director (PP)
Tel: 24624802
To,
1. ‘persmin.nic.in’ – website of the Ministry of Personnel, PG & Pensions
2. All Ministries/Departments of Government of India.
3. Copy to C&AG
4. Controller General of Accounts.
5. Controller of General of Defence Accounts.
6. As per standard mailing list.
| AFA/ASSO/50 27 Jun 2005 | Air Force Association Air Force Station, Racecourse Camp New Delhi – 110 003 |
1. Enclosed herewith please find copy of GOI, Ministry of Personnel, Public
Grievances and Pension, Dept of Pension and Pensioner’s Welfare letter No.
45/86/97-P&PW(A) Part-III dated 07 Jun 2005, on the subject.
2. This is for your information and dissemination action to all concerned under
your jurisdiction.
(RS Johar)
Wg Cdr (Retd)
Secretary
Encl: As stated.
| NO.45/86/97-P&PW(A) PART-III | GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PENSION AND PENSIONERS’ WELFARE 3rd Floor, Lok Nayak Bhawan Dated 7th Jun, 2005 |
1. The under signed is directed to refer to this
Department’s OM of even number dated 15.03.2004 extending the date of submission
of applications for revision of pension/family pension of pre-1986
pension/family pensioners upto 30.09.2004. Representations have been received in
this department for extending the date of submission of applications beyond
30.09.2004. The matter has been considered in this department and it has been
decided to extend the date of submission of application for revision of
pension/family pension in such cases upto 31.12.2005. However, Defence civilian
pensioners will continue to be governed by orders issued by the Ministry of
Defence.
2. Similarly it has also been decided to extend the date
of submission of applications for revision of pension/family pension with
reference to this department’s OM No. (1) No.45/86/97-P&PW(A) Part-IV dated
08.05.1998 read with OM dated 30.11.1998 read with OM dated 30.11.1998 and dated
17.12.1998 for submission of applications by the pensioners covered under these
OM upto 31.12.2005.
3. Ministry of Agriculture etc. are requested to bring
the contents of these orders to the notice of heads of Departments/Controller of
Accounts, Pay and Accounts Officer and attached and Subordinate Offices under
them on top priority basis. All Pension Disbursing Authorities are also advised
to prominently display these orders on their notice boards for the benefit of
the pensioners/family pensioners.
------Sd/------
(M.P.Singh)
Director (PP)
Tel: 24624802
To,
All Ministries/Departments of Government of India.
Copy to:
1. Office of the C & AG with 200 spare copies.
2. Copy also forwarded to as per list attached.
The undersigned is directed to say that as per clauses (ii) and
(iii) of sub-rule (6) of Rule 54 of the C.C.S (Pension) Rules, 1972 read with
clause (b) of Para 7.2 of this Department’s O.M. No. 45/86/97-P&PW (A)-Part I
dated the 27th October 1997, son/daughter including widowed/divorced daughter
shall be eligible for grant of family pension till he/she attains the age of 25
years or up to the date of his/her marriage/remarriage, whichever is earlier
(subject to income criterion to be notified separately). The income criterion
has been laid down in this Department’s O.M. No.45/51/97- P&PW (E) dated the 5th
March 1998 according to which, to be eligible for family pension, a son/daughter
(including widowed/divorced daughter) shall not have an income exceeding Rs.
2550/- per month from employment in Government, the private sector, self
employment etc. Further orders were issued vide this Department’s O.M.
No.45/51/97- P&PW (E) (Vol. II) dated 25th July 2001 regarding eligibility or
disabled divorced/widowed daughter for family pension for life subject to
conditions specified therein.
2. Government has received representations for removing the condition of age
limit in favour of divorced/widowed daughter so that they become eligible for
family pension even after attaining the age limit of 25 years. The matter
has been under consideration in this Department for sometime. In consultation
with the Ministry of Finance, Department of Expenditure and the Ministry of Law
and Justice, Department of Legal Affairs etc., it has now been decided that
there will be no age restriction in the case of the divorced/widowed
daughter who shall be eligible for family pension even after their attaining 25
years of age subject to all other conditions prescribed in the case of
son/daughter. Such daughter, including disabled divorced/widowed daughter shall,
however, not be required to come back to her parental home as stipulated in para
2(ii) of this Department’s O.M. dated 25th July 2001, which may be deemed to
have been modified to that extent.
3. This issues with the concurrence of the Ministry of Finance, Department of
Expenditure vide I.S.No. 98/E.V/2004 dated 13.02.2004.
4. These orders, in so far as they apply to the employees of the Indian Audit
and Accounts Department, are issued in consultation with the Comptroller and
Auditor General of India vide U.O.No.67 Audit (Rules)/37-99 dated 20.05.2004.
--Sd/----
(M.P.Singh)
Inserted on 28th Feb 05
The present requirement of filing an affidavit for Grant of Dependent Pension in
Respect of Commissioned Officers and 2nd life award in respect of PBORs shall be
replaced by a self-attested declaration from the dependant parents/eligible
brothers/sisters. This declaration shall be made on any normal paper and need
not be attested by any authority other than the concerned individual drawing the
dependant pension. (Authority: GOI (Min of Def) Letter No. 1(7)/89/D(Pen-C)
dated 21st January 2004)
Grant of Ordinary Family Pension to parents, sons and daughters:
GOI (Min of Def) Letter No.B/38207/31/AG/PS-4(b)/378/B/D (Pen/Sers) dated 12 Apr
2004 clarifies that the ordinary family pension to the son will be admissible
till he attains 25 years of age or till the date of his marriage, whichever is
earlier. Other entries including effective date remain unchanged. However, past
cases decided otherwise on the basis of MOD letter dated 26.08.1998 will not be
reopened.
The web site http://www.armedforces.nic.in/airforce/afro.com includes information on various wings of AFRO including forms, policy letters etc. The web site is of great help to ascertain correct calculation of pension and other benefits and to take up correspondence for specific problems.
(This message will be archived into a special section on `Retirement Benefits' as the site progresses...)
The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad has launched a web site at http://pcdapension.nic.in. The web site contains instructions for the Pension Disbursing Agencies, Record Officers (PBOR Cases), Heads of Offices (for Defence Civilians claims) and for CDA(O) (Commissioned Officers' Claims)
Phones : 23015762, 23377659
Tele-Fax : 23792415
Air Force Station,
Racecourse Camp
New Delhi - 110 003
AFA/ASSO/50 09 Jul 2004
(Karnataka Branch)
(All AFA Branches)
1. Air HQ (RK Puram) vide their letter No. Air HQ/24229/283/PP&
R3(i)(DPP&R /CL/11/2004) dated 29 Apr 2004 has circulated the Govt. of India Min
of Defence letter No. 1(1)/99/D(Pension/Services) dated 16 Apr 2004 regarding
extension of date for submission of application for revision of pension.
2. As per the new corrigendum, the date for submission of application for
revision of pension is revised upto 30 Sep 2004.
3. You are requested to disseminate the information amongst all concerned who
have yet to submit the application for revision of pension.
---Sd/-----
(RS Johar)
Wg Cdr (Retd)
Secretary
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