Restoration of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment – DPPW orders

Restoration of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment – DPPW orders

No.4/38/2008-P&PW (D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)
3rd Floor, Lok Nayak Bhawan

New Delhi-110 003.
Dated the 4th August, 2016

OFFICE MEMORANDUM

Subject: Restoration of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in Central Public Sector Undertakings/Central Autonomous Bodies – Stepping up of notional full pension w.e.f. 1.01.2006 for the purpose of Dearness relief and additional pension for old pensioners.

Orders for revision of 1/3rd restored pension of absorbees, who had drawn lumpsum payment on absorption, were issued vide this Department OM. of even number dated 15.9.2008 as amended/ modified vide OM No. 4/30/2010-P&PW(D) dated 11.07.2013. As per these memorandums, the full pension of the absorbees was notionally revised w.e.f. 1.1.2006 in accordance with the instructions contained in this Department O.M. No.38/37/08-P&PW(A) dated 1.9.2008. The payment of DR and additional pension to old pensioners is regulated on the basis of the notional full pension.

2. Instructions were issued vide this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 for stepping up of the pension of pre-2006 pensioners w.e.f. 24.9.2012. Accordingly, the notional full pension of the absorbee pensioners was also stepped up w.e.f 24.09.2012 in accordance with the instructions contained in the aforesaid OM dated 28.1.2013 vide this Department’s OM of even number dated 03.04.2013.

3. Instructions were issued vide this Department’s OM No 38/37/08-P&PW(A) dated 30.07.2015 for revision of pension/ family pension of all pre-2006 pensioners/ family pensioners in accordance with this Department’s OM dated 28.01.2013 with effect from 1.01.2006 instead of 24.09.2012. Accordingly, the notional full pension of absorbee pensioners was also revised in accordance with the instructions contained in aforesaid OM dated 30.07.2015 w.e.f. 1.01.2006 instead of 24.09.2012 for purpose of payment of dearness relief and additional pension for old pensioners vide this Department’s OM of even no. Dated 17.02.2016.

4. Instructions have now been issued vide this Department’s OM No. 38/37/08 P&PW(A) dated 6.04.2016 that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement. Accordingly, the notional full pension of absorbee pensioners would also be revised in accordance with the instructions contained in aforesaid OM dated 6.04.2016 w.e.f. 1.01.2006 and dearness relief and additional pension for old pensioners would be admissible on such notional revised full pension. There will, however, be no change in the actual 1/3rd restored pension determined in accordance with the OM dated 15.09.2008 read with OM dated 11.07.2013.

5. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their l.D. No. 1(5)/E.V/2012 dated 4.07.2016.

sd/-
(Harjit Singh)
Director

Biggest news of 2016 for Central Government pensioners

Biggest news of 2016 for Central Government pensioners

Most readers would be aware that the orders regarding calculation of pension of pre-2006 retirees based on minimum of pay within the pay band for each separate grade/rank and not on minimum of the pay band itself, with arrears from 01-01-2006 rather than 24-09-2012, were issued for Central Government pensioners in July 2015 by the Government as per the decision of the Delhi High Court, which essentially followed a decision of the Punjab & Haryana High Court, and then upheld by the Supreme Court. The High Court had held that the anomaly (though later removed by the Government itself from 24-09-2012) had to be removed from the date of the inception of the anomaly, that is, 01-01-2006. Similar orders were later issued by the Ministry of Defence.

On a similar analogy, many decisions by various Benches of the Central Administrative Tribunal (and then upheld by the High Courts) were rendered de-linking the service requirement of 33 years for grant of full pension for pre-2006 retirees at par with post-2006 retirees for whom there is no such requirement. Some Special Leave Petitions preferred by the Government against such orders were also dismissed, though not by way of detailed decisions. The Punjab Haryana High Court had also passed a detailed verdict on the same subject for pensioners of the Central Armed Police Forces. Till date, the pensions of pre-2006 pensioners with less than 33 years of service (including weightage) were being calculated by way of proportionate reduction.

Through this earlier post dated 22-01-2016, in view of multiple queries in this regard, I had informed by way of general information that the matter of issuance of orders on this subject for similarly placed retirees was being examined by the Department of Pensions & Pensioners’ Welfare, Ministry of Law & Justice and Ministry of Finance.

The Department of Pensions and Pensioners’ Welfare has now issued universal orders giving effect to the judicial decisions of the High Courts and has removed the requirement of 33 years service for full pension. Now, irrespective of length of service, all pre-2006 pensioners shall be eligible for full pension as is admissible to those pre-2006 pensioners who had rendered 33 years or more service including weightage. Full arrears are also admissible with effect from 01-01-2006. The biggest gainers would be voluntary retirees and those released from service on medical grounds or before completing full service. The orders can be downloaded by clicking here. Similar orders should now be issued for defence pensioners also by the Ministry of Defence.

A word of caution- This change would not affect the concept of One Rank One Pension (OROP) applicable with effect from 2014 since while this development is based on 50% of minimum emoluments introduced by the 6th Central Pay Commission for each grade, the concept of OROP is based on live data of actual pension based on real time emoluments as per length of service of in-service personnel. Readers are hence requested not to mix up the two dispensations which operate by way of separate dynamics.

We must again place on record extreme gratitude to the Department of Pensions and Pensioners’ Welfare functioning under Ministry of Personnel, Public Grievances & Pensions which has once again taken a stand for all Central Government pensioners and ensured issuance of universal directions just on simple dismissal of a Special Leave Petition by the Supreme Court even without a detailed order. One cannot also help but compare this with the attitude of the Ministry of Defence which continues to file appeals against its pensioners and disabled pensioners based on artificial distinctions even when the law has been fully settled by the Supreme Court in a plethora of detailed landmark decisions and which also militates against the grain of the opinion expressed by the highest of political executive, including the Prime Minister. I however maintain and retain full hope that the current Raksha Mantri would be able to rein in the unruly horses.

Jai Hind.

Source: www.indianmilitary.info

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Issue of Identity Cards to Central Government pensioners – Pensioners Portal Orders on 12.8.2015

Issue of Identity Cards to Central Government pensioners – Pensioners Portal Orders on 12.8.2015

Issue of Pensioners Identity Card to pensioners

G.I., Dept. of P & PW, O.M.No. 41/21/2000-P&PW(D), dated 12-8-2015

Subject : Issue of Pensioners’ Identity Card to pensioners.

The undersigned is directed to say that the instructions were issued by this Department vide O.M. No.41/21/2000-P&PW(D) dated 16/11/2000 for issue of Identity Cards to Central Government pensioners. These instructions were reiterated/clarified vide this Department’s OMs of even number dated 30.4.2013 and 25.7.2013. It has been observed that various Departments/Offices are either not issuing pensioners Identity Card to the retired employees or the Identity Cards are not in the format prescribed vide this Department’s OM dated 25.7.2013.

2. The matter has been reviewed in this Department. It has been decided that apart from the details already prescribed, the Pensioners Identity Card should include the Aadhaar Number of the pensioner (if available). Accordingly, a revised format for the pensioners Identity Card is enclosed (Annexure-I and Annexure-11).

3. Further, the following specifications are laid down for the pensioners Identity Card to be issued by the Departments/Offices from which the pensioner retired:

(i) The Pensioners Identity card should be in the prescribed format.

(ii) The Identity Card should be of the standard size of 8.5 cm x 5.5 cm.

(iii) The Pensioners Identity Card should be printed (and not hand written) on good quality paper of 125 GSM or equivalent.

(iv) The Identity Card would be got laminated by the Department/Office before handing it over to the pensioner.

4. All Departments in the Government of India are requested to issue suitable instructions to the Offices under their control to invariably issue Identity Card to the pensioners in accordance with the instructions issued by this Department.

Extend necessary cooperation to the office bearers of identified pensioners associations in the matter of redressal of pensioners’ grievances

Extend necessary cooperation to the office bearers of identified pensioners associations in the matter of redressal of pensioners’ grievances

F.No.41/30/2011-P&PW(C)
Govt. of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,
New Delhi, the 4 August, 2015

To
All Nodal Officers of all Ministries/ Departments
(Web Based Pensioners’ Portal)

Subject: To extend necessary cooperation to the office bearers of identified pensioners associations in the matter of redressal of pensioners’ grievances.

Sir/ Madam
As you are aware, the grievances of pensioners are being fed online through our application CPENGRAMS available in the Pensioners’ Portal maintained by this Department. To facilitate lodging of grievances by pensioners’ spread all over India, this Department has identified 43 Pensioners’ Associations across the country as per list enclosed. These Associations, some time find out difficult in getting the grievances redressed in spite of constant follow up with the Departmental offices at regional level. Some of the Pensioners Associations have pointed out that timely action is not being taken by various Ministries/ Departments/ Organisations for redressal of grievances and same remain pending for unduly long periods.

You are therefore, requested to sensitize your Department towards the grievances of pensioners so that unnecessary delays could be avoided for prompt redressal of grievances. The regional offices and field officers, wherever they exist also be requested to provide all cooperation to the Pensioners’ Associations who are helping in the redressal of grievances.

Yours faithfully
sd/-
(Seema Gupta)
Dy.Secretary