Pension

Waiver of requirement of producing two pensioners drawing pension from same PDA to identify the pensioner

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Requirement of producing two pensioners drawing pension from same PDA to identify the pensioner – Circular 205

O/o THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD – 211014

Circular 205

No. AT/Tech/30-XX

Dated: 02.11.2018.

To,
The Chief Accountant, RBI Deptt. of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai-400051

The Director of Treasuries of all state ……
The Manger CPPC of Public Sector Banks including IDBI
The CDA (PD) Meerut..
The CDA-Chennai……
The Nodal Officers (ICICl/ AXIS/HDFC Bank)….
The Pay & Accounts Officers……
Military and Air Attache, Indian Embassy Kathmandu, Nepal.
The DPDO…….
The Post Master…………….

Sub: Waiver of requirement of producing two pensioners drawing pension from same PDA to identify the pensioner.

During various Defence Pension Adalats, representations are being received against the requirement of producing two pensioners drawing pension from same PDA to identify pensioner.

The issue has been examined and it is noticed that various checks to be observed by the Pension Disbursing Authorities (PDAs) before making payment for first time on new Pension Payment Orders (PPOs)/transferred PPOs are provided in para 584 of DPPI-2005 & 2013. Similarly, these checks were circulated to the PDAs as Annexure-A to important Circular No.113 dt 27/05/2005. Item No. 7 and No. 15 of DPPI and Annexure-A to above mentioned circular respectively states that two defence pensioners should identify a new pensioners (except officer).

Now a days, requirement of producing two pensioners drawing pension from same PDA to identify the pensioner which is applicable to the pensioners below officer ranks does not seem correct, as PDAs are required to identify the pensioner based on marks of identification furnished in Descriptive Rolls/Descriptive Particulars and photographs provided to them.

Accordingly PDAs are requested to refer this office circular No. 197 dt 10/01/2018, and follow the guidelines issued there under for identification by additional documents produced by defence pensioners in absence of Aadhaar Number as indicated in Notification No. S.0 747(E) dt 03/03/2017 issued by Ministry of Defence, Deptt. of ESW rather than insisting the pensioner to produce two pensioners drawing pension from same PDA to identify him/her.

(SANDEEP THAKUR)
Addl.CDA (P)

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Transfer of pension account from one Pension Disbursing Authority (PDA) to another PDA

Provisions for Transfer of pension account from one PDA to another PDA – Circular 206

O/o THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 206

No. AT/Tech/30-XX

Dated: 02/11/2018

To

The Chief Accountant, RBI Deptt. of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East, Mumbai-400051
The Director of Treasuries of all State……..
The Manager CPPC of Public Sector Banks including IDBI
The CDA (PD) Meerut
The CDA, Chennai
The Nodal Officers (ICICl/AXIS/HDFC Bank)….
The Pay & Accounts Officer……..
The Military. & Air Attache, Indian Embassy, Kathmandu, Nepal
The D.P.D.O…………….
Post Master, Kathua (J &/ K) and Camp Bell Bay

Sub: Transfer of pension account from one Pension Disbursing Authority (PDA) to another PDA.

Provisions for Transfer of pension account from one Pension Disbursing Authority (PDA) to another PDA has been provided in the Defence Pension Payment Instructions (DPPI) as well as Scheme for Payment of Defence Pensions by Public Sector Banks. But, it has been observed that the PDAs are not following laid down procedure in the matter. Hence, the competent authority has decided that following procedure is required to be adopted in the matter.

(i) Pensioner shall submit a simple application (in Part-I of the enclosed formats) along with Pension Certificate (where issued to him) to the PDA from where he is drawing pension at present. A copy of application may be returned to the pensioner duly giving the receipt of the application by the PDA for the records of the pensioner.

(ii) The following documents are required to be forwarded by the existing PDA to the new PDA by registered post.

(a) PPO (including all Corrigendum PPOs) and Payment Authority (if any issued)

(b) Descriptive Roll/Identification Documents with Photographs.

(c) Extract of Payment Register with a certificate thereon indicating the rate of Pension and Dearness relief and date upto and for which last paid. Where the pensioner has been allowed commutation of pension, the PDA should also indicate prominently in the Last Pension Certificate, the date of payment of capitalized value of pension, the date of reduction of pension on account of commutation and the date on which he would complete 15 Years for restoration of his commuted portion of pension.

(d) Nomination to receive arrears of pension

(e) Option 85 undertaking furnished by the pensioner for Medical Allowance

(f) Pension Certificate (where issued)

(iii) In the current scenario, most of the PPOs are issued e-PPO form. Hence, it has been decided that transferor PDA will forward the documents mentioned above as well as copy of e-PPO received through SFTP from this office duly countersigned by him to the new PDA as per existing system.

(iv) Further payments in continuation of the date upto and for which the pensioner is shown as paid on the Extract of Payment Register, will be arranged by the new PDA.

(v) An intimation regarding the transfer of pension papers should invariably be sent both by the transferor/ transferee PDA to the Pr. CDA (Pensions) Allahabad through Form-I/IMP-5(A)/D-II by the transferor PDA (under Part-II of the enclosed format) and Form­II/IMP-5/D-I by the transferee PDA (under Part-III of the enclosed format) as per prevailing procedure by registered post as well as on e-mail ID: dad@hub.nic.in

(2) While forwarding Form-I/IMP-5(A)/D-II to this office by the transferor PDA, following documents are also required to be attached with Form­I/IMP-5(A)/D-II:

(i)  A consent (in Part-IV of the enclosed format) from the new PDA that after receipt of documents from the existing PDA, his/her pension will be paid after taking on the payment strength of the new PDA.

(ii) A leaf of cheque issued by the new PDA duly cancelled in the case of new PDA is Bank.

(3) In the case of change of PDA from Indian Embassy, Nepal to other PDA and vice-versa, existing system for pension file routed through this office and issuance of corrigendum PPO before change of PDA will follow.

(4) This circular has also been uploaded on this office website www.pcdapension.nic.in

(SANDEEP THAKUR)
Addl. CDA (Pensions)

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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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Atal Pension Yojana (APY) is the guaranteed Pension Scheme of Government of India administered by PFRDA

Ministry of Finance

Easy to Explain Benefits drive Atal Pension Yojana (APY) backed by Government of India’s Guarantee;The Subscriber base under APY has crossed 1.24 crore mark; More than 27 lacs new subscribers have joined the Scheme during the Current Financial Year 2018-19

02 NOV 2018

The Atal Pension Yojana (APY) is the guaranteed Pension Scheme of Government of India administered by PFRDA.

The Subscriber base under APY has crossed 1.24 crore mark. The Govt of India guarantees the pension benefits. The Scheme is very easy to understand and it is very transparent. More than 27 lacs new subscribers have joined the Scheme during the current financial year, i.e. 2018-19. States like Uttar Pradesh, Bihar, Andhra Pradesh, Maharashtra and Karnataka are the top contributors in APY enrollment. The Scheme allows any Indian Citizen between the age group of 18-40 years to join through the bank or post office branches where one has the savings bank account. The table below shows State wise enrollment, gender wise distribution and coverage along with the latest population in those States.

The State wise potential, that is eligible population that can be covered under APY, and gender wise distribution of population as on 27th Oct 2018 is given below:

S.No STATE POPULATION BETWEEN AGE GROUP 18 TO 40 Number of APY Subscribers as on 27.10.2016 Percentage of Population Covered under APY Total Female Subscribers Percentage of Female Subscribers Total Male Subscibers Percentage of Male Subscribers Total Transgender Subscribers Percentage of Transgender Subscribers Total
1 ANDAMAN & NICOBAR ISLANDS 168,753 1,856 1 715 39 1,141 61 0 0 1,856
2 ANDHRA PRADESH & TELANGANA 34,832,527 1,128,032 3 565,804 50 561,843 50 385 0 1,128,032
3 ARUNACHAL PRADESH 542,212 4,507 1 1,936 43 2,571 57 0 0 4,507
4 ASSAM 12,291,862 250,783 2 109,481 44 141,259 56 43 0 250,783
5 BIHAR 35,484,731 1,116,119 3 559,297 50 556,707 50 115 0 1,116,119
6 CHANDIGARH 473,489 19,408 4 6,383 33 13,023 67 2 0 19,408
7 CHHATTISGARH 9,675,449 194,442 2 77,620 40 116,810 60 12 0 194,442
8 DADRA & NAGAR HAVELI 161,941 6,689 4 1,350 20 5,337 80 2 0 6,689
9 DAMAN & DIU 134,502 4,697 3 735 16 3,962 84 0 0 4,697
10 DELHI 7,266,256 205,759 3 67,330 33 138,376 67 53 0 205,759
11 GOA 595,087 28,951 5 10,480 36 18,468 64 3 0 28,951
12 GUJARAT 23,827,045 591,045 2 179,603 30 411,318 70 124 0 591,045
13 HARYANA 10,104,539 278,199 3 75,688 27 202,460 73 51 0 278,199
14 HIMACHAL PRADESH 2,685,526 79,964 3 27,241 34 52,711 66 12 0 79,964
15 JAMMU & KASHMIR 4,775,045 47,614 1 12,025 25 35,551 75 38 0 47,614
16 JHARKHAND 11,967,910 258,688 2 128,426 50 130,239 50 23 0 258,688
17 KARNATAKA 25,359,036 915,260 4 389,509 43 525,564 57 187 0 915,260
18 KERALA 11,943,218 276,115 2 151,103 55 124,961 45 51 0 276,115
19 LAKSHADWEEP 25,877 295 1 80 27 215 73 0 0 295
20 MADHYA PRADESH 27,234,721 662,515 2 226,775 34 435,630 66 110 0 662,515
21 MAHARASHTRA 45,274,703 1,000,604 2 354,301 35 646,088 65 215 0 1,000,604
22 MANIPUR 1,140,447 8,031 1 3,833 48 4,198 52 0 0 8,031
23 MEGHALAYA 1,068,987 9,049 1 3,705 41 5,344 59 0 0 9,049
24 MIZORAM 432,946 5,798 1 3,089 53 2,709 47 0 0 5,798
25 NAGALAND 783,664 7,214 1 2,986 41 4,228 59 0 0 7,214
26 ODISHA 16,118,865 398,416 2 161,799 41 236,501 59 116 0 398,416
27 PUDUCHERRY 512,040 23,991 5 12,601 53 11,381 47 9 0 23,991
28 PUNJAB 11,134,889 381,405 3 120,374 32 261,003 68 28 0 381,405
29 RAJASTHAN 25,277,598 569,052 2 173,965 31 394,957 69 130 0 569,052
30 SIKKIM 264,461 6,828 3 2,606 38 4,221 62 1 0 6,828
31 TAMIL NADU 29,069,600 968,372 3 529,395 55 438,679 45 298 0 968,372
32 TRIPURA 1,503,503 28,786 2 12,544 44 16,240 56 2 0 28,786
33 UTTAR PRADESH 71,289,176 1,790,481 3 594,235 33 1,195,808 67 438 0 1,790,481
34 UTTARAKHAND 3,810,712 122,871 3 40,855 33 81,997 67 19 0 122,871
35 WEST BENGAL 36,688,732 709,869 2 324,163 46 385,522 54 184 0 709,869
TOTAL 463,920,049 12,101,705 3 4,932,032 41 7,167,022 59 2,651 0 12,101,705

PIB

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Flash Message for Pensioners of Canteen Stores Department (CSD)

Flash Message for Pensioners of Canteen Stores Department (CSD)

Canteen Stores Department, Govt of India, Ministry of Defence, Canteen Stores Department has published the following message for all the pensioners of his department:-

Message:

01/11/2018 ALL THE PENSIONERS OF CANTEEN STORES DEPARTMENT ARE REQUESTED TO SEND THE COPY OF ADHAAR CARD, ADDRESS & TELE/ MOBILE NUMBER TO AGM(ADMN), CSD MUMBAI, IMMEDIATELY.

Contact Details of CSD Mumbai Management:

Chairman, Board Of Administration & General Manager
Fax No. : 2206 8955
Tel. No. (O) : 2201 4279
Email : gm[at]csdindia.gov.in

Vice Chairman, Board Of Administration & Jt. Gen. Manager-I
Fax No. : 6638 2903
Tel. No. (O) : 2201 6267 / 6638 2904
Email : jgm1[at]csdindia.gov.in

Jt. Gen. Manager – II
Fax No. : 6638 2933
Tel. No. (O) : 2208 3468 / 6638 2915
Email : jgm2[at]csdindia.gov.in

Source: CSD Website

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Revision of pension of pre-2016 pensioners/ family pensioners in implementation of Govt. decision on the recommendations of the 7th Central Pay Commission concordance tables

7th CPC Notional Fixation for Defence Pensioners – PCDA Circular No. 608

PCDA Circular No. 608 – Defence Pensioners 7th CPC Notional Fixation 3rd, 4th, 5th and 6th CPC Concordance Tables for Revision of Pension of Pre-2016 Pensioners

Office of the Principal CDA(Pensions)
Draupadi Ghat, Allahabad-211014

Circular No.608

Dated:26.10.2018

To
The Officer-in-Charge
ROs/ PAOs (ORs)

Subject: Revision of pension of pre-2016 pensioners/ family pensioners in implementation of Govt. decision on the recommendations of the 7th Central Pay Commission concordance tables-regarding.

Reference: (1) This office Circular No. 570 dated 31.10.2016 and No. 585 dated 21.09.2017.
(Available on the website of this office www.pcdapension.nic.in)
(2) GoI, MoD letter No.17 (01)/2017/(02)/D(Pension/Policy) dated 17.10.2018.

Attention is invited to Para-4 of Gol, MoD letter No. 17 (01)/2017/(02)/D(Pension/Policy) dt 05.09.2017 circulated vide Circular No. 585 dated 21.09.2017, wherein it has been mentioned that revision of pension/family pension of all Armed Forces Personnel who retired! died prior to 01.01.2016 under first formulation was to 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 was to be done by notional pay fixation under each intervening Pay Commission based on the formula for revision of pay. The revised rates of Military Service Pay, Non Practising Allowance, where applicable, and ‘X’ Group pay Classification Allowance for JCOs/ ORs, if applicable, notified in terms of 7th CPC orders, also to be added to the amount of pay notionally arrived at under the 7th CPC pay matrix and termed as notional reckonable emoluments as on 01.01.2016. The higher of the two Formulations i.e. the pension/family pension already revised in accordance with Gol, MoD letter No. 17(01)/2016-D(Pen/PoI) dated 29th October 2016 and modified vide letter No. 17(01)/2017 (01)/D(Pen/PoIicy) dated 04.09.2017 or the revised pension/ family pension worked out in accordance with Para 5 above, shall be granted to pre-2016 Armed Force Pensioners as revised Pension/ Family Pension w.e.f. 01.01.2016.

2. GoI, MoD vide letter No. 17(01)/2017/(02)/D(Pension/ Policy) dated 17.10.2018 has issued concordance tables to facilitate fixation of notional pay of pre-2016 defence pensioners! family pensioners by the concerned Record offices and attached Pay Account Offices in case of JCO/ORs of the three Services and PCDA(O) Pune/ Naval Pay Office, Mumbai/ AFCAO New Delhi in case of Commissioned Officers of Army/ Navy/Air Forces respectively. A copy of ibid Gol, MoD letter dated 17.10.2018 enclosed herewith for further necessary action, which is self-explanatory.

3. In view of the above, Record Offices are requested to prefer/forward the claims for revision of pension in respect of Pre-1.1.2016 pensioners/family pensioners in accordance with the instructions given in this office Circular No. 585 dated 21.09.2017 by using this concordance table for fixing the notional pay of the pensioner. However, it is informed that the LPC-cum-Data Sheet circulated in Circular No. 585 dated 21.09.2017 is under modification along with amendment in the software programme. An utility programme in this regard is also under development. The same along with detailed instructions will follow shortly.

No. Gts/Tech/7th CPC/0181/Vol-VII

Dated: 26.10.2018

sd/-
(Sandeep Thakur)
Addl CDA (P)

Source: http://pcdapension.nic.in

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Government employees demand restoration of old pension scheme

Government employees demand restoration of old pension scheme

govt-employees-old-pension-scheme

Central and state government employees protested here Sunday, demanding restoration of the old pension scheme.

Hundreds of employees staged a dharna outside the Hamirpur office of local MP Anurag Thakur and raised slogans against the new pension scheme.

The employees said if the old scheme was not restored then they would be compelled to launch a nation-wide stir.

Bikram Singh Rana, a national-level leader of the employees association, alleged the new scheme was launched to help big companies and not for the benefit of the employees and that all employees were against it.

The employees demanded all parties declare in their manifestos that the old pension scheme would be reverted back to.

Senior BJP leader Prem Kumar Dhumal, who was in Hamirpur during the dharna, addressed the employees and assured them that he would take up their issue with the central and state governments. He said their case was justified.

PTI

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Simplification of pension payment procedure- Submission of certificates by retiring Armed Forces Personnel along with pension papers

Pension payment procedure & Submission of certificates by retiring AFP along with pension papers

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD-211014

Circular No. 606

Dated: 24.09.2018

To,
The O I/C
Records/PAOs (ORs)

Subject:- Simplification of pension payment procedure- Submission of certificates by retiring Armed Forces Personnel along with pension papers.

Reference:- Circular No. 546 dated 10.09.2015.

Reference is invited to para-3 of GoI, MoD letter NO. 3(1)/2015-D(Pen/Pol) dated 25.08.2015 under which it has been decided by the Government that the required undertaking /status of non re-employment /employment after retirement may be obtained by the Record Offices/Head of Offices from the retiring Defence Personnel along with other documents before his retirement.

2. The undertaking regarding recovery of overpayment, non re-employment/ employment certificate alongwith the Descriptive Roll of the retiring JCO/OR or family pensioner in case of death, shall be forwarded to the Pension Disbursing Agencies along with Pension Payment Order by the Record Office concerned following the laid down procedure. In case of pensioner drawing Pension from agencies other than bank viz Defence Pension Disbursing Office/Treasury Office etc. a copy of cancelled cheque obtained from retiring personnel shall also be forwarded by the Record Office along with Pension Payment Order to the Pension Disbursing Agencies to ensure payment of pension into the pensioners’ account.

3. Of late, it has been brought to the notice of competent authority by the banking authorities that required undertaking regarding recovery of overpayment/ non re-employment/employment certificates are not being forwarded to the banks/ PDAs along with Descriptive Roll & PPO for payment of first pension as stated above, resulting in undue delay in first payment of pensionary award.

4. Therefore, it is advised that, to ensure the prompt and timely payment of pension, required undertaking regarding recovery of overpayment and non re­employment/employment certificates after retirement along with Descriptive Roll and PPO may be forwarded to Banks/PDAs for payment of first pension. Specimen copy of undertaking regarding recovery of overpayment & non re-employment/employment certificates are enclosed for reference.

5. This circular has been uploaded on this office website www.pcdapension.nic.in.

(Sushil kumar Singh)
(Jt. CDA(P)

Specimen copy & non re-employment/employment certificates attached here

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Revision of disability pension and family pension under CCS(EOP)Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS (EOP) Rules

Revision of disability pension and family pension under CCS(EOP)Rules – inclusion of NPA

No.1/6/2017-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003,
Dated the 10th October 2018

OFFICE MEMORANDUM

Subject: Revision of disability pension and family pension under CCS (EOP) Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS(EOP)Rules – inclusion of Non-practicing Allowance (NPA) for revision or disability pension and family pension covered under CCS(FOP) Rules to retired medical Officers – regarding

The undersigned is directed to say that orders were issued vide this Department’s OM No 45122/1997-P&PW (C) dated 11.9.2001 for revision of disability pension/Family pension under CCS(E0P)Rules in respect of Pre-1996 pensioners. These orders inter-alia provided for revision of Pension of Pre-1996 Disability Pensioners and family pensioners under EO.P Rules on the basis of the minimum basic pay in the revised pay scale applicable w.e.f 1 1.1996.

2. Vide this Department’s OM No. 45/3/2008-P&PW(F) dated 30.9.2010, as amended vide OMs dated 20.11.2014, 29 4.2016 and 8.8.2016, orders were issued for revision of pre-2006 Disability Pensioners and family pensioners under EOP Rules on the basis of the minimum of the pay in the pay band plus grade pay or minimum of pay in the revised scare of pay applicable from 1.1.1996 corresponding to the pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30/8/2008.Revision of disability pension and family pension under CCS(EOP)Rules – inclusion of NPA

3, In implementation of the judgment dated 27.11.2013 of Hon’ble Supreme Court in CA No. 10640-36 of 2013 and other connected matters, orders were issued. vide this Department’s OM No. 38/31/2011-P&PW (A) (Vol.IV) dated 14.10.2014 that in the case of Pre-1996 retired Medical Officers, NPA at the rate of 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to pre-1996 pay scales from which the pensioner has retired in cases where consolidated pension/family pension was to stepped up based on minimum of revised pay scales.

4. Similarly, orders were issued vide OM NO.38/31/2011-P&PW(A) (Vol-IV) dated the 18th February, 2015 that in the case of pre-2006 retired Medical Officers, NPA @ 25% would be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above ) as on 01.01.2006 corresponding to the pre-revised pay scales from which they retired in case where pension / family pension is to be stepped up to 50% / 30% of the minimum pay respectively

5. It is hereby clarified that for the purpose of revision of Disability Pension/family pension of the pre 1996 pensioners under CCS(EOP) Rules also, NPA at the rate of 25% shall be added .to the minimum of the pay in the revised scale of pay on 01,01.1996 corresponding to the Pre 1996 pay scales in respect of the retired Medical Officers. Similarly, for the purpose of revision of Disability pension/Family pension of pre-2006 pensioners under CCS(EOP)Rules, NPA @25% shall be added to the minimum of the pay in the pay band plus Grade pay or minimum of the pay in the revised pay scale applicable from 01.01.2006 corresponding to the pay scale from which the pensioner retired.

6. The emoluments (minimum pay + NPA) to be reckoned for calculation of the Disability Pension/Family pension in terms of the above provisions would not exceed Rs. 30,000/- w.e.f 1.1,1996 and Rs.85,000 w.e.f 1.1.2006.

7. The other terms and conditions stipulated in this Department’s OM No. OM No. 45/22/1997-P&PW (C) dated 11.9.2001 and OM No 45/3/2008-P&PW(F) dated 30,9.2010, 20.11.2014, 29.4.2016 and 8.8.2016 shall remain unchanged.

8. This issues with the approval of Ministry of Finance, Department of Expenditure vide their ID No.1(3)/E-V/2018 dated 08.08.2018

(Sujasha Choudhury)
Director

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Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006

Pension Revision for PBOR – PCDA Circular 607

Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 607

Dated: 01/10/2018

To,
1.The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C-7,Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
2. All CMOs,Public Sector Banks.
3. The Nodal Officers, ICICI/HDFC/AXIS/IDBIBanks
4. All Managers, CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA(WC),Chandigarh
7. The CDA (PO),Meerut
8. The CDA Chennai
9. The Director of Treasuries, All States
10.The Pay and Accounts Officer, Delhi Administration, R K Puram and Tis Hazari, New Delhi.
11.The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12.The Post Master Kathua (J&K) and Camp Bell Bay.
13. The Principal Pay and Accounts Officer Andaman and Nicobar Administration Port Blair.

Subject:- Implementation of Govt. decision on the recommendation of the Cabinet Secretary’s Committee – Revision of pension in respect of Personnel below Officer Rank (PBOR) discharged prior to 01.01.2006.

Reference:- Circular No. 430 dated 10.03.2010.

Complaints/representations are being received in PSAs regarding revision of pension w.e.f. 01.07.2009 by various PDAs in respect of three trades of Air Force viz. ACH GO, Catering Assistant and MT Driver in Group Z instead of Group Y inspite of up gradation of these trades w.e.f. 10.10.1997.

2. Now, it has been decided by the competent authority vide MoD letter no. 1(4)/2012/D(Pension/Policy) dated 08.03.2018 that revision of pension of under mentioned trades be carried out as per pension revision tables meant for Group Y under Ministry’s letter no. PC 10(1)/2009-D(Pen/Pol) dated 08.03.2010.

TRADE
ACH GO, Caterin Asst. And MTD

w.e.f. 10.10.1997
Pay Group IV equated to Group Y

3. In view of above, it is requested that such type of cases where PDAs are unable to revise pension due to change of group of trades, the same may be referred to the PSAs concerned through Record Office (who in turn will provide certificate/document showing trade of individual at the time of entry and also at the time of discharge) so that Carr. PPO, if necessary, may be issued in case to case basis.

4. All other terms and conditions shall remain unchanged.

5. The above amendments shall take effect from date of implementation of their respective orders. Arrears in affected cases shall be released by the Pension Disbursing Agencies.

6. This circular has been uploaded on this office website www.pcdapension .nic.in for dissemination across the all concerned.

sd/-
(Sushil Kumar Singh)
(Jt. CDA(P)

View order

Source: http://pcdapension.nic.in

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Appeal to NPS Pensioners : NPS PENSIONERS – YOUR ATTENTION PLEASE – Confederation

Appeal to NPS Pensioners – Confederation
NPS PENSIONERS – YOUR ATTENTION PLEASE

As you are aware Confederation of Central Govt Employees & Workers has been opposing and fighting against the Contributory Pension Scheme (known as NPS) from the very beginning.

At the time of introduction of NPS, it is only Confederation Confederation, All India State Govt Employees Federation and the Left parties which strongly opposed it. Now a situation has developed that more than 50% of the employees in Central Government & State Government services and also in Central / State Public Sectors are NPS employees and even those Federations / Unions / Associations in the Central / State Govt services who were either confused or kept quite or supported Govt decision to introduce NPS in the initial stage are compelled to change their original stand and started raising their voice against NPS.

Confederation of Central Govt Employees & Workers, as an organization spear heading this struggle, is making intensive campaign against NPS and trying to build up a broad united movement of all like-minded organizations, so that a wider and bigger movement is built up no sooner than later, with an ultimate aim of organizing a nationwide indefinite strike to “SCRAP NPS” in future, if Govt is not ready to change their stand.

For effective campaign and also to expose the hollowness of the claim of the Govt and supporters of NPS, the following details of those NPS employees who have already retired from service is required.

(1) Name in full and Designation at the time of retirement:

(2) Name of the office and Department from which retired.

(3) Date of entry in service.

(4) Date of retirement.

(5) Completed years of service.

(6) Basic pay at the time of retirement.

(7) Amount of Insurance Annuity Pension being received now per month.

The information should be authentic.

All are requested to cooperate and furnish the above information before 31-10-2018.

M.KRISHNAN
Secretary General Confederation
Mob & WhatsApp: 09447068125
e-mail: mkrishnan6854@gmail.com

Source: Confederation

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Timely Revision of Pension as per 7th CPC

Timely Revision of 7th CPC Pension – Instructions to credit the revised Pension and Arrears immediately: CPAO

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE

TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066
04.10.2018

CPAO/IT&Tech/Bank Performance/2017-18/132

OFFICE MEMORANDUM

Subject :- Timely Revision of Pension as per 7th CPC

References have been received from pensioners and pensioner’s association that the revised pension and arrear of revised pension as per 7th CPC has not been credited into the account of the pensioners/family pensioners.

All the CPPCs of the Banks are, therefore, requested to credit the revised pension and arrears of revised pension immediately in the account of pensioners/family pensioners for which Special Seal Authorities (SSAs) have been issued to the banks and in any case not later than 30 days of receipt of the Special Seal Authority (SSA) from this office so that the grievances of and hardships faced by the pensioners/family pensioners could be minimised.

This issues with the approval of Chief Controller (Pension).

Sd/-
(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)

Source: Cpao.nic.in

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SBI CPPCs for Central Government Pensioners

SBI CPPCs for CG Pensioners

State Bank is paying pensions to more than 36 lac pensioners. There are 14 dedicated Centralised Pension Processing Cells (CPPCs)

To get pension from State Bank of India, the retiring employee has to start the process at least 6 months prior to retirement. In the process the employee has to open account with any branch of State Bank of India, if required with spouse (which is permitted now) and has to provide the account number to the Department from which he/she retires.

He/she has to fill up the account details in the pension papers. While opening account the retiree has to give his/her PAN number, mobile number and email_id (if available).PAN No. will enable correct accounting of the Pensioner’s TDS.

On receiving the PPO the prospective pensioner has to approach the branch where from the pension is to be availed. He/she has to submit undertaking and Life Certificate. On receiving the required documents from the prospective pensioner, the documents will be sent to concern CPPC for further processing at their end.

After completion of data entry at CPPC, pension shall be credited to the identified account within a period of 3-4 days.

In November month every year the pensioner is required to submit his/ her life certificate to enable the Bank to pay pension continuously.

Extended benefits to pensioners by State Bank of India

  • Pension slip from the pension paying branch.
  • Sms alert on mobile phone with pension payment details.
  • Annual statement of pension.
  • Facility to submit life certificate at any branch of State Bank of India.
  • Quick grievance redressal system.
  • Acceptance of form 15(G)/15(H) at Branch.
  • Senior Citizen Savings Scheme (SCSS) for details please click here.
  • Call centre for information Toll free No.1800 112211, 1800 425 3800

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Monthly Pension Slip for CG Pensioners

Monthly Pension Slip for CG Pensioners

Pension Slip FAQ

1. What is pension slip?
A pension slip contains details of pension payment credited to a savings or current account held by a pensioner.

2. How can I generate a pension slip?
You need an Internet banking user name and password. The savings or current account which serves as the pension account must be mapped to the username. After you login to Internet banking you can generate a pension slip for any month in the previous or current year.

3. Can I generate a pension slip for multiple months?
No. Since Pension Payment is made on a monthly basis, you can generate the slip for any month starting October 2006 up to any past month in the current year.

4. Can I generate the pension slip for future months?
No. You can only generate the pension for months for which you have received a pension payment from the government.

5. Can I print a pension slip generated online?
Yes. You can print the pension slip details, whenever you require the payment details.

6. How long does it take to generate the pension slip?
You can instantaneously generate the pension slip for any past month in the current year or previous year.

7. How do I navigate to the Pension Slip tab?
Kindly log in to www.onlinesbi.com/personal. Select the “Enquiries” tab on the primary navigation bar. You would be displayed “Pension Slip” link on the left hand navigation column.

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Government has no power to withhold Pensionary Benefits if departmental or judicial proceeding are pending: Supreme Court

Government has no power to withhold Pensionary Benefits if departmental or judicial proceeding are pending: Supreme Court

C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013
(Arising out of Special Leave Petition (Civil) No. 1427 of 2009)

State of Jharkhand & Ors. —- Appellant(s)

Vs.

Jitendra Kumar Srivastava & Anr. — Respondent(s)

WITH

C.A. No. 6771/2013

(arising out of SLP(C) No. 1428 of 2009)

J U D G M E N T

A.K. Sikri, J

1. Leave granted. pensionary

2. Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has – answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent. Not happy with this outcome, the State of Jharkhand has preferred this appeal.

3. For the sake of convenience we will gather the facts from Civil Appeal arising out of SLP(Civil) No. 1427 of 2009. Only facts which need to be noted, giving rise to the aforesaid questions of law, are the following:

The respondent was working in the Department of Animal Husbandry and Fisheries. He joined the said Department in the Government of Bihar on 2.11.1966. On 16.4.1996, two cases were registered against him under various Sections of the Indian Penal Code as well as Prevention of Corruption Act, alleging serious financial irregularities during the years 1990-1991, 1991-1992 when he was posted as Artificial Insemination Officer, Ranchi. On promulgation of the Bihar Reorganisation Act, 2000, State of Jharkhand (Appellant herein) came into existence and the Respondent became the employee of the appellant State. Prosecution, in respect of the aforesaid two criminal cases against the respondent is pending. On 30th January, 2002, the appellant also ordered initiation of disciplinary action against him. While these proceedings were still pending, on attaining the age of superannuation, the respondent retired from the post of Artificial Insemination Officer, Ranchi on 31.08.2002. The appellant sanctioned the release and payment of General Provident Fund on 25.5.2003. Thereafter, on 18.3.2004, the Appellant sanctioned 90 percent provisional pension to the respondent. Remaining 10 percent pension and salary of his suspension period (30.1.2002 to 30.8.2002) was withheld pending outcome of the criminal cases/ departmental inquiry against him. He was also not paid leave encashment and gratuity.

4. Feeling aggrieved with this action of the withholding of his 10 percent of the pension and non-release of the other aforesaid dues, the respondent preferred the Writ Petition before the High Court of Jharkhand. This Writ Petition was disposed of by the High Court by remitting the case back to the Department to decide the claim of the petitioner for payment of provisional pension, gratuity etc. in terms of Resolution No. 3014 dated 31.7.1980. The appellant, thereafter, considered the representation of the respondent but rejected the same vide orders dated 16.3.2006. The respondent challenged the rejection by filing another Writ Petition before the High Court. The said petition was dismissed by the learned Single Judge. The respondent filed C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009 Intra Court Appeal which has been allowed by the Division Bench vide the – impugned orders dated 31.10.2007. The Division Bench has held that the question is squarely covered by the full Bench decision of that Court in the case of Dr. Dudh Nath Pandey vs. State of Jharkhand and Ors. 2007 (4) JCR 1. In the said full Bench Judgment dated 28.8.2007, after detailed discussions on the various nuances of the subject matter, the High Court has held:

” To sum up the answer for the two questions are as follows:

(i) Under Rule 43(a) and 43(b) of Bihar Pension Rules, there is no power for the Government to withhold Gratuity and Pension during the pendency of the departmental proceeding or criminal proceeding. It does not give any power to withhold Leave Encashment at any stage either prior to the proceeding or after conclusion of the Proceeding.

(ii) The circular, issued by the Finance Department, referring to the withholding of the leave encashment would not apply to the present facts of the case as it has no sanctity of law”.

5. Mr. Amarendra Sharan, the learned Senior Counsel appearing for the petitioner accepted the fact that in so far as the Pension Rules are concerned, there is no provision for withholding a part of pension or gratuity. He, however, submitted that there are administrative instructions which permit withholding of a part of pension and gratuity. His submission was that when the rules are silent on a particular aspect, gap can be filled by the – administrative instructions which was well settled legal position, laid down way back in the year 1968 by the Constitution Bench Judgment of this Court in Sant Ram Sharma vs. Union of India 1968 (1) SCR 111. He, thus, argued that the High Court has committed an error in holding that there was no power with the Government to withhold the part of pension or gratuity, pending disciplinary/criminal proceedings.

6. The aforesaid arguments of the learned Senior Counsel based on the judgment in Sant Ram Sharma would not cut any ice in so far as present case is concerned, because of the reason this case has no applicability in the given case. Sant Ram judgment governs the field of administrative law wherein the Constitution Bench laid down the principle that the rules framed by the authority in exercise of powers contained in an enactment, would also have statutory force. Though the administration can issue administrative instructions for the smooth administrative function, such administrative instructions cannot supplant the rules. However, these administrative instructions can supplement the statutory rules by taking care of those situations where the statutory rules are silent. This ratio of that judgment is narrated in the following manner:

“It is true that there is no specific provision in the Rules laying down the principle of promotion of junior or senior grade – officers to selection grade posts. But that does not mean that till statutory rules are framed in this behalf the Government cannot issue administrative instructions regarding the principle to be followed in promotions of the officers concerned to selection grade posts. It is true that Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point Government can fill up the gaps and supplement the rules and issue instructions and inconsistent with the rules already framed”.

There cannot be any quarrel on this exposition of law which is well grounded in a series of judgments pronounced post Sant Ram Sharma case as well. However, the question which is posed in the present case is altogether different.

7. It is an accepted position that gratuity and pension are not the bounties. An employee earns these benefits by dint of his long, continuous, faithful and un-blemished service. Conceptually it is so lucidly described in D.S. Nakara and Ors. Vs. Union of India; (1983) 1 SCC 305 by Justice D.A. Desai, who spoke for the Bench, in his inimitable style, in the following words:

“The approach of the respondents raises a vital and none too easy of answer, question as to why pension is paid. And why was it required to be liberalised? Is the employer, which expression will include even the State, bound to pay pension? Is there any obligation on the employer to provide for the erstwhile employee even after the contract of employment has come to an end and the employee has ceased to render service?

What is a pension? What are the goals of pension? What public interest or purpose, if any, it seeks to serve? If it does seek to serve some public purpose, is it thwarted by such artificial division of retirement pre and post a certain date? We need seek answer to these and incidental questions so as to render just justice between parties to this petition.

The antiquated notion of pension being a bounty a gratituous payment depending upon the sweet will or grace of the employer not claimable as a right and, therefore, no right to pension can be enforced through Court has been swept under the carpet by the decision of the Constitution Bench in Deoki Nandan Prasad v. State of Bihar and Ors.[1971] Su. S.C.R. 634 wherein this Court authoritatively ruled that pension is a right and the payment of it does not depend upon the discretion of the Government but is governed by the rules and a Government servant coming within those rules is entitled to claim pension. It was further held that the grant of pension does not depend upon any one’s discretion. It is only for the purpose of quantifying the amount having regard to service and other allied maters that it may be necessary for the authority to pass an order to that effect but the right to receive pension flows to the officer not because of any such order but by virtue of the rules. This view was reaffirmed in State of Punjab and Anr. V. Iqbal Singh (1976) IILLJ 377SC”.

8. It is thus hard earned benefit which accrues to an employee and is in the nature of “property”. This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A of the Constitution of India.

9. Having explained the legal position, let us first discuss the rules relating to release of Pension. The present case is admittedly governed by –

Bihar Pension Rules, as applicable to the State of Jharkhand. Rule 43(b) of the said Pension Rules confers power on the State Government to withhold or withdraw a pension or part thereof under certain circumstances. This Rule 43(b) reads as under:

“43(b) The State Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty to grave misconduct, or to have caused pecuniary loss to Government misconduct, or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re-employment after retirement”.

From the reading of the aforesaid Rule 43(b), following position emerges:-

(i) The State Government has the power to withhold or withdraw pension or any part of it when the pensioner is found to be guilty of grave misconduct either in a departmental proceeding or judicial proceeding.

(ii) This provision does not empower the State to invoke the said power while the department proceeding or judicial proceeding are pending.

(iii) The power of withholding leave encashment is not provided under this rule to the State irrespective of the result of the above proceedings.

(iv) This power can be invoked only when the proceedings are concluded finding guilty and not before.

10. There is also a Proviso to Rule 43(b), which provides that:-

“A. Such departmental proceedings, if not instituted while the Government Servant was on duty either before retirement or during re-employment.

i. Shall not be instituted save with the sanction of the State Government.

ii Shall be in respect of an event which took place not more than four years before the institution of such proceedings.

iii Shall be conducted by such authority and at such place or places as the State Government may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made:-

B. Judicial proceedings, if not instituted while the Government Servant was on duty either before retirement or during re-employment shall have been instated in accordance with sub clause (ii) of clause (a) and

C. The Bihar Public Service Commission, shall be consulted before final orders are passed.

It is apparent that the proviso speaks about the institution of proceedings. For initiating proceedings, Rule 43(b) puts some conditions, i.e, Department proceeding as indicated in Rule 43(b), if not instituted while the Government Servant was on duty, then it shall not be instituted except:-

(a) With the sanction of the Government,

(b) It shall be in respect of an event which took place not more than four years before the institution of the proceedings.

(c) Such proceedings shall be conducted by the enquiry officer in accordance with the proceedings by which dismissal of the services can be made.

Thus, in so far as the proviso is concerned that deals with condition for initiation of proceedings and the period of limitation within which such proceedings can be initiated.

11. Reading of Rule 43(b) makes it abundantly clear that even after the conclusion of the departmental inquiry, it is permissible for the Government to withhold pension etc. ONLY when a finding is recorded either in departmental inquiry or judicial proceedings that the employee had committed grave misconduct in the discharge of his duty while in his office. There is no provision in the rules for withholding of the pension/ gratuity when such departmental proceedings or judicial proceedings are still pending.

12. Right to receive pension was recognized as right to property by the Constitution Bench Judgment of this Court in Deokinandan Prasad vs. State of Bihar; (1971) 2 SCC 330, as is apparent from the following discussion:

“29. The last question to be considered, is, whether the right to receive pension by a Government servant is property, so as to attract Articles 19(1)(f) and 31(1) of the Constitution. This question falls to be decided in order to consider whether the writ petition is maintainable under Article 32. To this aspect, we have already adverted to earlier and we now proceed to consider the same.

30. According to the petitioner the right to receive pension is property and the respondents by an executive order dated June 12, 1968 have wrongfully withheld his pension. That order affects his fundamental rights under Articles 19(1)(f) and 31(1) of the Constitution. The respondents, as we have already indicated, do not dispute the right of the petitioner to get pension, but for the order passed on August 5, 1966. There is only a bald averment in the counter-affidavit that no question of any fundamental right arises for consideration. Mr. Jha, learned counsel for the respondents, was not prepared to take up the position that the right to receive pension cannot be considered to be property under any circumstances. According to him, in this case, no order has been passed by the State granting pension. We understood the learned counsel to urge that if the State had passed an order granting pension and later on resiles from that order, the latter order may be considered to affect the petitioner’s right regarding property so as to attract Articles 19(1) (f) and 31(1) of the Constitution.

31. We are not inclined to accept the contention of the learned counsel for the respondents. By a reference to the material provisions in the Pension Rules, we have already indicated that the grant of pension does not depend upon an order being passed by the authorities to that effect. It may be that for the purposes of quantifying the amount having regard to the period of service and other allied matters, it may be necessary for the authorities to pass an order to that effect, but the right to receive pension flows to an officer not because of the said order but by virtue of the Rules. The Rules, we have already pointed out, clearly recognise the right of persons like the petitioner to receive pension under the circumstances mentioned therein.

32. The question whether the pension granted to a public servant is property attracting Article 31(1) came up for consideration before the Punjab High Court in Bhagwant Singh v. Union of India A.I.R. 1962 Pun 503. It was held that such a right constitutes ‘property’ and any interference will be a breach of Article 31(1) of the Constitution. It was further held that the State cannot by an executive order curtail or abolish altogether the right of the public servant to receive pension. This decision was given by a learned Single Judge. This decision was taken up in Letters Patent Appeal by the Union of India. The Letters Patent Bench in its decision in Union of India v. Bhagwant Singh I.L.R. 1965 Pun 1 approved the decision of the learned Single Judge. The Letters Patent Bench held that the pension granted to a public servant on his retirement is ‘property’ within the meaning of Article 31(1) of the Constitution and he could be deprived of the same only by an authority of law and that pension does not cease to be property on the mere denial or cancellation of it. It was further held that the character of pension as ‘property’ cannot possibly undergo such mutation at the whim of a particular person or authority.

33. The matter again came up before a Full Bench of the Punjab and Haryana High Court in K.R. Erry v. The State of Punjab I.L.R. 1967 P & H 278. The High Court had to consider the nature of the right of an officer to get pension. The majority quoted with approval the principles laid down in the two earlier decisions of the same High Court, referred to above, and held that the pension is not to be treated as a bounty payable on the sweet will and pleasure of the Government and that the right to superannuation pension including its amount is a valuable right vesting in a Government servant It was further held by the majority that even though an opportunity had already been afforded to the officer on an earlier occasion for showing cause against the imposition of penalty for lapse or misconduct on his part and he has been found guilty, nevertheless, when a cut is sought to be imposed in the quantum of pension payable to an officer on the basis of misconduct already proved against him, a further opportunity to show cause in that regard must be given to the officer. This view regarding the giving of further opportunity was expressed by the learned Judges on the basis of the relevant Punjab Civil Service Rules. But the learned Chief Justice in his dissenting judgment was not prepared to agree with the majority that under such circumstances a further opportunity should be given to an officer when a reduction in the amount of pension payable is made by the State. It is not necessary for us in the case on hand, to consider the question whether before taking action by way of reducing or denying the pension on the basis of disciplinary action already taken, a further notice to show cause should be given to an officer. That question does not arise for consideration before us. Nor are we concerned with the further question regarding the procedure, if any, to be adopted by the authorities before reducing or withholding the pension for the first time after the retirement of an officer. Hence we express no opinion regarding the views expressed by the majority and the minority Judges in the above Punjab High C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009 Court decision, on this aspect. But we agree with the view of the majority when it has approved its earlier decision that pension is not a bounty payable on the sweet will and pleasure of the Government and that, on the other hand, the right to pension is a valuable right vesting in a government servant.

34. This Court in State of Madhya Pradesh v. Ranojirao Shinde and Anr. MANU/SC/0030/1968 : [1968]3SCR489 had to consider the question whether a ‘cash grant’ is ‘property’ within the meaning of that expression in Articles 19(1)(f) and 31(1) of the Constitution. This Court held that it was property, observing ‘it is obvious that a right to sum of money is property’.

35. Having due regard to the above decisions, we are of the opinion that the right of the petitioner to receive pension is property under Article 31(1) and by a mere executive order the State had no power to withhold the same. Similarly, the said claim is also property under Article 19(1)(f) and it is not saved by Sub-article (5) of Article 19. Therefore, it follows that the order dated June 12, 1968 denying the petitioner right to receive pension affects the fundamental right of the petitioner under Articles 19(1) (f) and 31(1)of the Constitution, and as such the writ petition under Article 32 is maintainable. It may be that under the Pension Act (Act 23 of 1871) there is a bar against a civil court entertaining any suit relating to the matters mentioned therein. That does not stand in the way of a Writ of Mandamus being issued to the State to properly consider the claim of the petitioner for payment of pension according to law”.

13. In State of West Bengal Vs. Haresh C. Banerjee and Ors. (2006) 7 SCC 651, this Court recognized that even when, after the repeal of Article 19(1)(f) and Article 31 (1) of the Constitution vide Constitution (Forty- Fourth Amendment) Act, 1978 w.e.f. 20th June, 1979, the right to property was no longer remained a fundamental right, it was still a Constitutional right, as provided in Article 300A of the Constitution. Right to receive pension was treated as right to property. Otherwise, challenge in that case was to the vires of Rule 10(1) of the West Bengal Services (Death-cum– Retirement Benefit) Rules, 1971 which conferred the right upon the Governor to withhold or withdraw a pension or any part thereof under certain circumstances and the said challenge was repelled by this Court. Fact remains that there is an imprimatur to the legal principle that the right to receive pension is recognized as a right in “property”.

14. Article 300 A of the Constitution of India reads as under:

“300A Persons not to be deprived of property save by authority of law. – No person shall be deprived of his property save by authority of law.”

Once we proceed on that premise, the answer to the question posed by us in the beginning of this judgment becomes too obvious. A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution. It follows that attempt of the appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.

15. It hardly needs to be emphasized that the executive instructions are not having statutory character and, therefore, cannot be termed as “law” within the meaning of aforesaid Article 300A. On the basis of such a circular, which is not having force of law, the appellant cannot withhold – even a part of pension or gratuity. As we noticed above, so far as statutory rules are concerned, there is no provision for withholding pension or gratuity in the given situation. Had there been any such provision in these rules, the position would have been different.

16. We, accordingly, find that there is no merit in the instant appeals as the impugned order of the High Court is without blemish. Accordingly, these appeals are dismissed with costs quantified at Rs. 10,000/- each.

……………………….J.

[K.S. Radhakrishnan]

………………………….J.

[A.K. Sikri]

New Delhi
August 14, 2013

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Supreme Court Judgement: Withholding of Pension or Gratuity

Supreme Court Judgement: Withholding of Pension or Gratuity

C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013
(Arising out of Special Leave Petition (Civil) No. 1427 of 2009)

State of Jharkhand & Ors.

….. Appellant(s)

Vs.

Jitendra Kumar Srivastava & Anr.

…..Respondent(s)

WITH
C.A. No. 6771/2013
(arising out of SLP(C) No. 1428 of 2009)

JUDGMENT

A.K. Sikri, J

1.Leave granted.

2. Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has – answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent.

Not happy with this outcome, the State of Jharkhand has preferred this appeal.

3. For the sake of convenience we will gather the facts from Civil Appeal arising out of SLP(Civil) No. 1427 of 2009. Only facts which need to be noted, giving rise to the aforesaid questions of law, are the following:

The respondent was working in the Department of Animal Husbandry and Fisheries. He joined the said Department in the Government of Bihar on 2.11.1966. On 16.4.1996, two cases were registered against him under various Sections of the Indian Penal Code as well as Prevention of Corruption Act, alleging serious financial irregularities during the years 1990-1991, 1991-1992 when he was posted as Artificial Insemination Officer, Ranchi. On promulgation of the Bihar Reorganisation Act, 2000, State of Jharkhand (Appellant herein) came into existence and the Respondent became the employee of the appellant State. Prosecution, in respect of the aforesaid two criminal cases against the respondent is pending. On 30th January, 2002, the appellant also ordered initiation of disciplinary action against him. While these proceedings were still pending, on attaining the age of superannuation, the respondent retired from the post of Artificial Insemination Officer, Ranchi on 31.08.2002.

 

Be the first to comment - What do you think?  Posted by admin - September 28, 2018 at 8:38 am

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Reversion to Old Pension Scheme

Reversion to old pension scheme due to administrative delay

“NPS applicable to Government servants appointed to civil posts on or before 31.12.2003. The date on which the vacancies arose or the date on which the examination was conducted for filling up the vacancies is not relevant for deciding the applicability of the Central Civil Services (Pension) rules, 1972″

Reversion to old pension scheme

In accordance with the scheme for National Pension System (NPS), as notified vide Ministry of Finance (Department of Economic Affairs)’s Notification No. 5/7/2003-ECB & PR dated 22.12.2003, the System is mandatory for all new recruits to the Central Government service (except armed forces) from 01.01.2004. Accordingly, as per Rule 2 of the Central Civil Services (Pension) Rules, 1972, as amended on 30.12.2003, these rules are applicable to Government servants appointed to civil posts on or before 31.12.2003. The date on which the vacancies arose or the date on which the examination was conducted for filling up the vacancies is not relevant for deciding the applicability of the Central Civil Services (Pension) rules, 1972.

Ministry of Home Affairs have not sought any advice from Department of Pension and Pensioners’ Welfare on the question of having a policy to cover the paramilitary personnel appointed after 01.01.2004 under the Old Pension Scheme on the ground that the vacancies arose, or the examination was conducted, in the year 2003. However, a reference was received from Ministry of Home Affairs in a specific case relating to appointments as Sub-Inspector in various Central Para Military Forces after selection in August, 2003 on the basis of an Examination conducted in 2002.

Appointments on the basis of these selections were made in Central Reserve Police Force in 2003 and the candidates appointed were covered by the pension scheme under Central Civil Service (Pension) Rules, 1972. However, in the Border Security Force, offers of appointment on the basis of the same examination/selection were issued in January, 2004. On a petition filed by some personnel appointed in the Border Security Force on the basis of that examination, Hon’ble High Court of Delhi directed to cover the petitioners under the Central Civil Service (Pension) Rules, 1972 on the grounds of administrative delay on the part of Border Security Force in making appointments.

The order of Hon’ble High Court of Delhi was implemented by the Ministry of Home Affairs/Border Security Force in view of the peculiar circumstances of that case. The decision taken in that case is, however, not relevant for deciding applicability of Central Civil Service (Pension) Rules to all appointments made on or after 01.01.2004 in the Central Para Military Forces or in any other Department/organization on the basis of year of examination/selection.

This information was provided by 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 in written reply to a question in Rajya Sabha on 19.7.2018.

Source: PIB

Be the first to comment - What do you think?  Posted by admin - September 26, 2018 at 9:02 pm

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Central Government Rejects the Demand to Scrap National Pension System

Central Government Rejects the Demand to Scrap National Pension System

Abolition of Contributory Pension Scheme

Representations have been received from various Associations of Government Employees on the problems being faced and the demand to withdraw the National Pension System (NPS). The 7th Central Pay Commission (CPC) also in its report examined the issues related to NPS and made recommendations for addressing these issues.

Pursuant thereto, it was decided to constitute a Committee of Secretaries to suggest measures for streamlining NPS. The Committee has submitted its report. Due to rising and unsustainable pension bill and keeping in view of fiscal imperatives, it is not possible for the government to revert back to old pension scheme.

This information was provided by the Minister of State in the Ministry of Finance Shri. Shiv Pratap Shukla in written reply to a question in Rajya Sabha on 24.7.2018.

Source: Confederation

Be the first to comment - What do you think?  Posted by admin - at 8:08 pm

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Conference on Implementation of National Pension System by Central Autonomous Bodies

PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY

PRESS RELEASE

Conference on Implementation of National Pension System by Central Autonomous Bodies

A conference on implementation of National Pension System by Central Autonomous Bodies (CABs) was organized by PFRDA on 13th June 2018 at New Delhi. The prime objective was to provide a forum to all Central Autonomous Bodies (CABs), where the progress in the implementation of NPS with respect to compliance of timelines in various NPS related activities could be brought to the fore and a way forward could be provided. Officials from most of the Central Autonomous Bodies (CABs) attended the conference.

Dr. Badri Singh Bhandari, Whole Time Member (Economics) in his opening remarks mentioned that currently there are 557 CABs which have about 1.73 lacs subscribers and about Rs.11800 crores of Asset Under Management (AUM). He further emphasised the need for discipline in submission of subscriber registration forms and remittance of the subscribers’ contributions. He also highlighted the responsibility of nodal officers handling NPS and advised that they should be aware of the NPS and its related process in detail for addressing the queries/grievances of the subscribers.

Chairman, PFRDA, Sh. Hemant Contractor, in his address emphasized the fact that NPS, being a Contributory scheme, was different from the earlier pension system and discussed various determinants of pension such as promptness of the Nodal offices in performing various NPS related activities mainly subscriber registration, upload/remittance of NPS contributions and also period of stay in the scheme, contribution level, returns on investments, annuity schemes chosen, annuity service providers chosen etc. In this regard, he stressed upon the need to work in tandem to ensure that NPS works efficiently and pensions are served effectively. He also highlighted endeavour of PFRDA in educating subscribers in handling their pension accounts, through a dedicated website, Pension Sanchay.

Secretary, Department of Expenditure, Govt. of India Sh. Ajay Narayan Jha, in his key-note address appreciated the initiative of PFRDA for holding this conference exclusively for Central Autonomous Bodies as it provided two-way communications between stakeholders for the ultimate benefit of the subscribers. He stressed to all participants on the need of becoming sensitive and responsible towards employee-subscribers currently covered under NPS in order to protect their interest, while monitoring various NPS related activities. He also stressed upon the role which can be played by the Head of Institutions and PrAOs of the respective CABs in streamlining NPS operations.

A presentation was also made by the NSDL e-Governance Infrastructure Ltd, the Central Recordkeeping Agency for NPS about the operational issues and new functionalities released for the convenience of the nodal officers-PAOs/DDOs and the subscribers. A presentation was also made by Jamia Millia Islamia University about the best practices they have adopted to administer the subscribers’ interface effectively. While presenting the Vote of Thanks Shri Ashish Kumar, GM mentioned that PFRDA is periodically holding Review meetings/ Video conferences also with the CABs on important parameters having financial implications and expects significant improvement from the present state of affairs.

Be the first to comment - What do you think?  Posted by admin - September 24, 2018 at 1:04 pm

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7th CPC Allowances : Recommendations in respect of some important allowances paid to Pensioners

Recommendations in respect of some important allowances paid to Pensioners

7th CPC Allowances

Rate of Fixed Medical Allowance (FMA) for Pensioners has been increased from Rs.500 per month to Rs.1000 per month. This will benefit more than 5 lakh central government pensioners not availing CGHS facilities.

i. The rate of Constant Attendance Allowance granted on 100% disablement has been increased from Rs.4500 per month to Rs.6750 per month.

11. Allowances to Scientific Departments

i. The recommendations of 7th CPC to abolish Launch Campaign Allowance and Space Technology Allowance has not been accepted. In order to incentivize the supporting employees in Space and Atomic Energy sector, the rate of Launch Campaign and Space Technology Allowance has been increased from Rs.7500 per annum to Rs.11250 per annum. Professional Update Allowance for non-gazetted employees of Department of Atomic Energy will also continue to be paid at the enhanced rate of Rs.11250 per annum.

ii. The 7th CPC had placed Antarctica Allowance, paid to the Scientists and other members undertaking the expedition to Antarctica under the Indian Antarctic programme, in the RH-Max Cell of the R&H Matrix. The rates of the RH-Max Cell recommended by the 7th CPC were less than the existing rates of Antarctica Allowance which is currently paid on per day basis. Considering the specific nature of these expeditions and to provide appropriate increase in rates, Government has decided to keep Antarctica Allowance out of the R&H Matrix and the allowance will continue to be paid on per day basis as per existing practice. The Rates of Antarctica Allowance will go up from Rs.1125 per day (Summers) and Rs.1688 per day (Winters) to Rs.1500 per day (Summers) and Rs.2000 per day (Winters).

Be the first to comment - What do you think?  Posted by admin - September 22, 2018 at 9:37 pm

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