PENSION INFORMATION - ORDERS & INSTRUCTIONS

1. Authorization of Pvt Ltd Banks for Disbursement of Pension to Defence Pensioner

In pursuance of Reserve Bank of India's decision on the subject, the following private Sector Banks have been authorised for disbursement of disbursement of pension to Defence pensioners:-

(a)HDFC Bank Ltd  (b)UTI Bank Ltd  (c)IDBI Bank Ltd  (d)ICICI Bank Ltd

2. Exemption of Income Tax on Liberalised Family Pension

A case was initiated by PS Dte for exemption of income tax on Liberalised Family Pension in the year 2002. After concerned efforts a Gazette Notification has been issued wef 09 Feb 2005 for exemption of Liberalised Family Pension from the income for purposes of exemption of income tax if death of the member of armed forces (including Para Military Forces) has occurred under following circumstances in the course of the military operation and duties.

(a)Acts if violence or kidnapping or attacks by terrorists or anti-social elements

(b)Action against extremists or anti-social elements

(c)Enemy action in international war

(d)Action during deployment with a peace keeping mission abroad

(e)Border skirmishes

(f)Laying or clearance of mines including enemy mines as also mine sweepingoperation

(g)Explosions of mines while laying operationally oriented mine-fields or lifting ornegotiation of mine-field laid by enemy or own forces in operational areas nearinternational borders or the line of control

(h)In the aid of civil power in dealing with natural calamities and rescue operations

(j)In the aid of civil power in quelling agitation or riots or revolts by demonstrators

3. NRI Pension- Not to be Stopped on Change of Nationality

A large number of representations were being received from Ex-sm Association/NRIs regarding stoppage of pension of Ex-Servicemen on their acquiring foreign nationality. However, in case of civil pensioners change in citizenship by anyNRI pensioners did not affect their entitlement. A case was taken up with the office of PCDA(P), Allahabad and office of CGDA, New Delhi in 2003 for bringingthe Armed Forces pensioner at par with civilian pensioners. Govt letter has been issued providing that even in the case of Armed Forces Pensioners the entitlement of pension will remain unaffected on the change of nationality and pension will continue to be paid by his/her pension disbursing agency. However, the pensioner should intimate the change of nationality as per the provision to the Pension Disbursing Agency as well as to the PCDA (Pension), Allahabad for updation of their records.

4. Two Family Pensions

The re-employed Army Personnel have been made eligible for two family pensions i.e. one from army and the other from civil side if re-employed in organizations covered under Employees Pension Scheme 1995 and Family Pension Scheme 1971.

5. Grant of Liberalised Family Pension to Widows Who Remarried Before 01 Jan 1996

The widows who remarried after 01 Jan 1996 were allowed to retain their Liberalised family Pension/ Special Family Pension while widows who remarried before 01 Jan 1996 were left out. This has been creating great injustice to pre 1996 widows. A case was taken with MoD for extending these benefits to pre 1996 cases also.MoD has issued orders vide their letter No 1(1)/2001/D(Pen-C) dated 24 Jun 2005 granting Liberalised Family Pension benefits to pre-1996 cases wef 24 Jun 2005. This will greatly benefit the widows who remarried before 01 Jan 1996.

6.  Exemption of TDS From Pension

Income Tax was hitherto deducted at source from family pensioners by the Pensions Disbursing Agency. Min of Fin (CBDT) has now clarified that family pension does not fall under the category of salary, therefore, no tax is liable to be deducted at source.

7. Ex-Gratia Award Disability Cadets (Direct)

Rates of Ex-Gratia disability award to disabled cadets have been revised from Rs600/-p.m. to Rs 2100/-p.m. wef 01 Aug 97 issued vide Govt of India, Min of Defletter No 1(6)/99/D(Pen-C) dated 15 Sep 2003.

8. Pensionary Benefits to Nk And Hav Granted Assured Career Progression (ACP)

Govt letter has been issued vide No. B/39022/AG/PS-5(Policy)/29/A/D(Pen/Sers)/06 dated 10 Jan 06 stating that pension in respect of JCOs/OR granted Assured Career Progression (ACP) upgradation, will be calculated based on the maximum of pay scale granted under ACP upgradation including 50% of the highest classification allowance, if any, of rank held and group in which paid subject to condition that  upgraded pay scale should be held continuously for 10 months preceding their discharge from service.

9. Grant of Family Pension For Life to Handicapped Children of Armed Forces Personnel

Govt letter No. PC MF-Air HQ/24229/283/-FPHC/PP&R-3(i)/582/A/D(Pen/Sers) dated29 Nov 2005 issued has made the following provisions :-

(a)Medical officer of rank of Brig/above shall be competent to render the certificate required

(b)Gaurdian shall be nominated by the pensioner instead of a court of Law. In case no such nomination has been made by pensioner in his life time the nominationshall be made by spouse of the deceased personnel

(c)The name of handicapped child shall be indicated in the PPO to be issued forgrant of Service Pension/Family Pension.

10. Merger of Dearness Relief on Disability PensionOrders were issued vide Govt of India letter No. 42/2/2004-P&PW(G) dated 15 Mar2004 for merger of Dearness Relief equal to 50% of basic pension  family pensionwef 01 Apr 2004. According to these orders Dearness relief equal to 50% was to be merged with basic pension and remaining of DR was to be calculated on (Basic pay + 50 merged DR). However no specific instruction were issued for merger of DRon disability element on pension. A case was taken up by PS Dte with the Govt who have now issued orders vide 1(62)/2004/D(Pen-C) dated 02 Dec 2005 for mergerof 50% DA/DR on disability pension to Armed Forces personnel/pensioners wef 01Apr 2004. The merger of 50% DR with basic pay shall apply to both disability element and service element simultaneously.

11. Modified Parity and Increase in Weightage JCOs/ORs

On implementation of V CPC recommendations modified parity at the minimum of pay scales was granted to officers/JCOs/OR for Pre 1996 retirees. Since the modified parity at minimum scale was not beneficial for JCOs/OR, case was taken up PS Dte with Govt to grant modified parity at maximum of pay scale for JCOs/OR. Govt has now granted modified parity to pre-1996 retirees JCOs/OR at max. of pay scale in which they have retired subject to have served for minimum 10 months in that rank. Case was also taken by the PS Dte with the Govt to increase the weightage being given to JCOs/OR as the JCOs/OR were only given 05 years weightage irrespective of rank held. Due to this anomaly no JCOs/ ORs could meet the requirement of 33 years of qualifying service to get full entitlement of pension for past as well as future JCOs/OR retirees will be as under subject to maximum qualifying service of 30 years,  details of which have been tabulated earlier. The above benefit would be applicable to Service Pension including Invalid Pension, Service element of disability pension and War Injury pension. The orders are effective from 01 Jan 2006 and no arrears are to be given. The above orders have been issued vide Govt of India, Min of Def letter No 14(3)/2004-D (Pen-Sers)/Vol III dated 01 Feb 2006.

12. Implementation of Govt Orders Regarding Abolition of the Institution of Military Adviser (Pension)

Release Medical board before retirement /discharge is held in case of any disability at the time of such retirement /discharge. An individual found unfit for continuation in service on medical ground is brought before an invaliding Medical Board prior to invalidment. Disability pension claims of LMC personnel of the Armed Forces are decided on the basis of findings of Invaliding Medical Board/Release Medical Board. The Medical advisors (Pension) from the office of DG AFMS attached to PCDA(P), Allahabad in respect of JCOs/OR and DDG AFMS(Pen)/JD AFMS(Pen)in respect of officers, were empowered to alter the recommendations of MedicalBoards. In a number of cases the recommendation of Medical Boards were being altered to the disadvantage of the individuals concerned. Consequently, aggrieved personnel were taking recourse to appeals and litigation for redressal. Based on the judgments of the Supreme Court of India and cases taken up with the MoD by theDGAFMS, a Govt letter d/d 01 Sep 05, abolishing the institution of MA(P) was issued. However, certain provisions in the Govt letter came in the way of implementation of the orders. Most of the amendments suggested by PS Dte have been incorporated by the Min of Def in the corrigendum No 1(2)/2002/D(Pen-c) dated 31 May2006. A detailed letter incorporating the provision of the Govt letters/Corrigendum and laying down procedure for adjudication of claims for disability pension/special family pension has been issued by the Dte vide letter No B/40122/MA(P)/AG/PS-5 dated 20 Jul 06.

13. Eligibility of Unmarried Daughters of Armed Forces Personnel for Grant of Family Pension beyond 25 years of age

The Ministry of Defence vide their letter No. 1(3)2007/-D(Pen/Policy) dated 25 Oct 2007 have issued instructions regarding grant of family pension to unmarried daughters beyond the age of 25 years at par with widowed/divorced daughters subject to their income from all sources not exceeding Rs. 2550/-pm.

Col H N Handa (Retd)President DiwaveDisabled war Veterans 

(Source- Report My Signal) 

ARMY TO CUT LITIGATION CASES INVOLVING VETERANS

In a proactive move to reduce litigation, the Army Headquarters (AHQ) has asked all army commands to ensure that contested litigation concerning retired personnel are withdrawn where the issue involved is well settled by previous judgments. The Adjutant General’s (AG) branch at AHQ has issued directives to officers in charge of litigation at the Armed Forces Tribunal (AFT) and the High Courts that cases involving settled legal position in the favour of veterans should not be contested in courts since it results in unnecessary financial strain on former defence personnel as well as the Union of India.

Sources said this is for the first time that such orders have been issued. The AG’s branch has also issued specific direction to its officers that cases where medical board recommendations in favour of disabled personnel have been wrongly overruled by administrative authorities should not be contested and should be withdrawn. The AG’s branch has also directed that cases should also not be contested where individuals with non-service related disabilities are medially boarded out with a little less than 10 years of service which is the minimum qualifying service required for invalid pension in cases of disabilities which are neither attributable to nor aggravated by service conditions.

The AG’s branch has further sensitised military authorities that individuals with non-service related disabilities should not be boarded out if they are nearing the minimum service limit of 10 years for earning an invalid pension. There is no minimum service requirement however to earn disability pension in cases with attributable or aggravated disabilities.

A large number of veterans have welcomed the AG’s directives. In recent times objections were raised by many veterans’ organisations on the tendency of the Defence Ministry of appealing against all pensionary decisions rendered by Courts in favour of defence veterans. “The directions issued by the AG is salutary move that is in line with the National Litigation Policy and which would reduce the burden on poor litigants as well as the courts, leaving time for more complex matters to be litigated,” Maj Navdeep Singh, President of the AFT Bar Association said.

The courts are flooded with pension related litigation, with disability pension claims forming the bulk. While the military authorities per se try to be helpful to disabled personnel, most of the litigation is directed towards non-adherence of rules by medical boards while determining attributability or aggravation of disabilities and towards the CDA authorities whom veterans say are insensitive to the problems of former soldiers.

(Source: Tribune News Service)

PENSION ELIGIBILITY FOR RESERVE PERIOD - ARMED FORCES PERSONNEL

Dear Friends,

Please read the email received from AVM RP Mishra appended below. Please also read the attachment. Kindly do your utmost to give wide publicity to the contents of the attachment, as it affects very large number of sepoys, ratings and airmen from all Three Services. The ESM organisations should make copies of the attached ORDER 12.01.2011 of Armed Forces Tribunal, Principal Bench at New Delhi, display it at prominent places under their jurisdiction and distribute copies to reach every possible city and village.

On behalf of YOU ALL, ‘i’ thank AVM RP Mishra for thanking this attachment to us.

Vande Matram - In service of Indian Military Veterans

Chander Kamboj.
===========================

From: RP Mishra, Sent: 05 August 2011 17:42

Subject: Counting of Reserve Service for pension

Dear Brig Kamboj, you had earlier published a letter on the subject of counting reserve service for pension. I am now attaching AFT judgement based on which this letter was issued. Click BELOW for the ruling

Regards

AVM RP Mishra (Retd)

================================

CLICK HERE FOR FULL JUDGEMENT OF AFT DELHI

(SOURCE - REPORT MY SIGNAL BLOG)

IESM ADRESSES LETTER TO PM, RM, RRM AND CHIEF OF STAFF TO ADDRESS GRIEVANCES OF AF PERSONNEL

Dear Veterans,


Letter addressed to Hon’ble Prime Minister of India and copy endorsed to RM and three into Chiefs is circulated herewith.

With Regards,

Jai Hind

Yours Sincerely,

Maj Gen (Retd) Satbir Singh, SM

Vice Chairman, IESM

=======================================

CLICK HERE FOR FULL TEXT OF IESM LETTER

(SOURCE- REPORT MY SIGNAL BLOG)

OROP IMPLEMENTATION - PARLIAMENT INFORMED

HI,  ALL.

KINDLY CLICK BELOW FOR DETAILS ON THE ABOVE SUBJECT.

IMPLEMENTATION OF ONE RANK ONE PENSION - REPLY OF RRM IN PARLIAMENT

(source - PIB) 

SC questions logic behind rank pay methodology (R Sedhuraman, Legal Correspondent)

New Delhi, August 1 :The controversy over defence personnel’s rank pay, fixed on the basis of the Fourth Pay Commission recommendations, has come under Supreme Court scrutiny once again despite the fact it is a 25-year-old matter. A Bench comprising Justices Aftab Alam and RM Lodha today heard an application filed by the government for more than half-an-hour and questioned the logic behind the methodology followed for fixing the pay scales on the basis of the commission’s recommendations.

Another Bench of the SC, comprising Justices Markandey Katju and RM Lodha, had passed an order on March 8, 2010, directing the government to implement the Kerala High Court verdicts of October 5, 1998, (Single Judge Bench) and July 4, 2003, (Division Bench) in favour of the defence personnel.The government has filed an application seeking recall of the SC order on the ground that implementing the order would have a cascading effect and would involve a financial burden of Rs 1,623 crore.

Solicitor-General Rohinton Nariman said the HC had delivered the verdicts despite the fact that the defence personnel who had approached the court had not challenged either the Pay Commission report or the Army’s circular issued on June 23, 1987, explaining the methodology for fixing the pay scales.

On being asked by the Bench, the SG today presented a comparative picture of the pay scales of defence personnel and civil servants in equal positions. Stating it would like to hear the issue in detail, the Bench slated the next hearing for November 22.
(SOURCE : THE TRIBUNE)

DANGERS OF AL-FAEDA - BY GOPALKRISHNA GANDHI

No generalisation can be made about India. State a condition and its refutation will be found at once. Yet, I will risk the following five sets of generalisations, five in each set: India is admired world-wide for five things, not necessarily in that order:

The Taj Mahal
Mahatma Gandhi
Its cultural diversity
Its parliamentary democracy
Its classical arts, music, dance, architecture and handcrafting.

India is appreciated for the following five:
Its independent judiciary
Its free media
Its cuisines
Its cottons
Its cricket.

India is acknowledged for these:
Its prolific wordsmiths
Its brilliant academics
Its brave activists
Its contemporary artists and sculptors
Its technological, especially IT-related, savvy.

But, India is despaired of internationally for these five traits seen ever so often in us:
Loquaciousness
Scant respect for others’ time
Impatience with others’ views
Indiscipline in queues, on roads
Being weak to the strong, strong to the weak.

And alas, India is despised, globally, for the following:
Its stubborn filthiness
Its shocking inefficiencies
The unequal status of its women
Callousness towards human and animal suffering
The temperament that fosters galat faeda, exploitation.

Businessmen and women from the world over will reach out to India, un-drawn by the first five, un-repelled by the last, for they are in the business of making profits, not judging countries. They know India is an insatiable and undiscriminating market into which any world player can send a worm to pull it by the millions. They will reach out. Backpackers from everywhere will continue to do the same, for they don’t mind revulsion, indeed they often seek it and wallow in it. Besides, they are on a budget and how many destinations are there that can give them a ‘trip’ to heaven and hell so cheap?

Serious academics, writers and journalists will stay engaged with a country that fascinates them for all that it has been and is. But I am not thinking of India as a travel destination. I am thinking of the image of India in the world, of its standing as the integrated sum of its parts, its people. And even beyond the image, of the reality of our encounter with ourselves.

I have heard a soccer jibe in another multi-cultural country: ‘Don’t give the Indian a corner, he will open a shop in it’. The jest ranks with: ‘The Indian will pocket any insult, if it comes with a little profit as well.’

Jokes are jokes, not statements. Business is business, not charity. And Indian businessmen are not to be branded as profiteers merely because they make profits, which by their profession, they have to. But profits are one thing, exploitation is another. And where that occurs, it isn’t restricted to the business community alone; far from it.

Exploitativeness is a temperament that can be seen in varied fields. In simple Hindustani, one expression catches its sense better than the word’s lexical equivalent. And it is-‘faeda uthana’—taking undue advantage of. We are past masters in taking undue advantage of things. Be it a professional opportunity, a system, or even an appliance, we saturate its possibilities to the very limits. Animals dependent on us are, of course, singled out for faeda uthana. A bullock cart or tonga driver will twist the miserable animal’s tail and goad it with a pointed prod at its genitals to make it run faster than its limit. He is exploitative. ‘Beasts of burden’ in India carry more than burden and I don’t know of regulations to relieve their misery. Their owners are exploiting the creatures.

But even these examples of exploitative practices are yet nothing compared to bigger games in the ‘faeda’ category. The trans-India movement of cheap labour from India’s eastern states to its western and southern for contract construction work brings to mind aerial photographs of thirsty denizens of African grasslands leaving in hundreds for less inhospitable terrain. The loss of stability, and of dignity, of health and of anchoring, especially on migrating women and infants, is astounding. It’s not as if cheap labour can’t be found, even by in situ standards of faeda. The search is for cheaper labour, un-unionised, non-bargaining, abject labour which can’t even talk the local language.

Similar is the plight of people who clean India’s public spaces of filth and faeces. This has to be the most thankless task on earth. It’s also one of the least remunerated. Be it on footpaths , streets or on railway tracks and railway stations, what we have generated is manually moved by grossly over-worked, and grossly underpaid human hands. Nobody may be, technically speaking, robbing these miserable people, but ‘sanitary workers’ are being robbed of a wage commensurate with the nature, not just the volume, of their work. They are also being robbed of a fair monetary acknowledgment of the great service they are rendering to the health and hygiene of India. And, unwittingly, we are all accomplices in the exploitation.

Mostly, we are its witnesses. I can’t recall a time in India when so many prominent people are being proceeded against for having sought illegal gain, for galat faeda. As a citizen who wants the image of his country to be clean, I hope these people are found to have been innocent, not guilty. I doubt if such good news awaits us. Their acts are rooted in a temperament that uses contrivance, improvisation, cunning and sleights of hand for over-vaulting greed. Munafa, fair return, is a temperament of business. Fair competition, working on behalf of an alert market, keeps fair returns within bounds. But insatiable greed, as has landed leading Indian businessmen and their patrons in jail, blurs those bounds.

The same greed turns violent as well. The killing of brave people who have sought accounts under the Right to Information Act is an act of terror against integrity. The country deserves to know more about these people who have died because they dared to ask, on its behalf, questions about exploitation. Only a national resolve working against that temperament of exploitation can rein in al-Faeda.

(Gopalkrishna Gandhi is a former administrator, diplomat and governor -
The views expressed by the author are personal)