Wednesday, May 11, 2016

PMR - PRE-2006 - PENSION DELINKED FROM QS OF 33 YRS
                                                                                                                 UPDATED 30 APR 2016

 33 YEARS RULE FOR FULL PENSION GOES
BACKGROUND :   Shri MO Inasu, an Ex-Servicemen was re-employed in Central Govt Services in Kerala and had retired prior to Jan 2006. He filed a case in CAT Ernakulam, challenging the rule of 33 years. He pleaded that since this rule is not applicable for post-2006 retirees as also in accordance with the judgment of Hon’ble Supreme Court in Maj Gen SPS Vains Vs UOI case, the same benefit should also be extended to pre-2006 pensioners. CAT Ernakulam ruled that the said Rule of 33 years violates  Art 14 and 16 of our Constitution as such should be abrogated. After a prolonged legal battle the H’ble Supreme Court upheld the judgment of CAT Ernakulam.
     Therefore those officers/JCO and ORs  who cannot mark up their QS for 33 Yrs even by including the rank weight-ages, such  that all Sepoys who serve upto 15 years (extended by two years), Naiks and Havildars who cannot serve up to  33 years minus the Rank  Weightage (Sepoy = 12 years; Naik = 10 years; Havildar = 8 years) as also who proceed on premature retirement would benefit in pension by knocking down this rule. Ministry of Personnel, Pensions and Public Grievances has therefore been in the process of obtaining Govt sanction to remove this restriction of 33 years to all Pre–06 retirees for over 8 months which has so been obtained.
     The Govt has finally issued orders to delink the Rule of 33 Yrs for Pre-2006 Retirees in line with the Recommendations of the 6th CPC for Post -2006 retirees which is placed below. The signed copy can also be downloaded through the link as placed there. PCDA(P) will soon issue implementation Circular for the Armed forces personnel. It has already issued Circular C-149 (Placed Below) for payments to be made to Defence Civilians.
HOW IT EFFECTS THE LESS THAN 33 YRS QS CASES - The principle behind delinking of QS for revision of pension for Pre 2006 retirees is the Supreme court ruling that "NO  PENSIONER WILL GET PENSION LESS THAN 50% OF THE MINIMUM PAY IN PAY BAND (MP-in-PB)  plus GP and MSP"  corresponding   to the rank and group of pensioner, as for the post 2006 retirees. There will thus be no pro rata reduction below this "MP in PB". It means that the pension cannot be less than half of one's emoluments should he/she retire soon after being promoted or without earning any increment what so ever on completion of minimum qualifying service.
      Therefore where ever one is getting pension lesser  than this half of "MP-in-PB" the same stands to revision upwards. These figs of MP-in-PB  must be known to every one from various instructions. The QS however still remains linked for pensions which are more than the MP-in-PB  like the pensions of Post 2006 retirees and the pensions under the OROP Scheme.
REVISION OF PENSION- Consequently PCDA(P) will soon issue instructions to Banks for the revision of the pension of all the Fauji PMR cases or where the officers, JCOs and ORs have not completed 33 yrs of service before retirement. It means that all Pre - 2006 retirees will get the same pension irrespective of the Qualifying Service  (QS) they had rendered upto the time the OROP scheme got implemented. To cite an example the full pension of a Lt Col with 28+5=33 years of service with rank weightage under 6 CPC has been Rs 26265/-pm, therefore, those who took premature retirement with less than 28 years of service will also get Rs 26265/- per month as Basic Pension upto 30 Jun 2014. The difference in pension paid and payable will be arrears from 01 Jan 2006 to 30 Jun 2014.  With these provisions the Table given in PCDA (P) Circular No 500 will reduce to 2 lines only as below.
HOW TO WORK OUT ARREARS. We have endeavoured to give a very simple method of knowing your arrears that may accrue both for JCOs and ORs as well as for OfficersThe first and foremost is to know your basic pension what you are getting. Most of the pensioners would know the same however one can easily calculate or verify  the same 'Without Tears' as follows in case its not sure:-
1.   Note down the pensions from your pass book you got for the months of Jun, Jul, Dec 2015 and Jan-2016 before deduction of any TDS. The amount credited for Jun and Jul-15 should be same as also for Dec-15 and Jan-16. In case your commutation payment is still being deducted please note the figure per month for the purpose of understanding let us suppose this amount to be Rs 4422/- pm. In case you have already paid for the commutation take this figure to be ZERO in place of 4422/- . Hypothetically let us also assume that you  received Rs  44741/-  for Jun as well as for  Jul 2015  and Rs  46125/- for Dec-15 and Jan 16.
2.   You will  calculate your basic pension with this data as under :-
   (a)  From Jun & Jul - B P =  (44741+4422)/2.13 = 23081
    (b)  From Dec & Jan – B P =   (46125+4422) divided by 
2.19 = 23081
   
(Here 2.13 and 2.19 are constants corresponding  to DA rates at     that time)
3.   Hence you basic pension entitled is Rs 23081/-(This is, by the way,    
the fig for Lt Col with QS 22 Yrs as given in PCDA (P) Cir No 500.)
4.   In order to work out your arrears proceed as under:-
(a)    Difference 26265 - 23081 = Rs 3184 PM
(b)   Arrears from 01 Jan  06  to 30 Jun 14 with DA incl = 3184 x 143.40 = 456586/-(143.40 is a constant - For details see CONSTANT M.F Below).
(c)    TOTAL  = Rs 456586/- 
5.   Similarly by the said method any one can work out his own arrears, The full Pension for various Ranks of Pre-2006 Vintage under 6 CPC (PCDA (P) Circular Number 500) are given in succeeding paragraphs.

"HAPPY -  खुशयां मनाओ और सुप्रीम कोर्ट का शुक्रिया करो "
CONSTANT M.F (MULTIPLICATION FACTOR).    In order to avoid month wise complicated calculations either manually or using Excel Sheets in Microsoft Office in Windows OS which is not every ones cake, our Maths Wizard has simplified the long Array of each month and the DA rates from time to time (t2t) has derived the constant factors together for a particular period. Constant 143.40 is for the period from 01 Jan 06 to 30 Jun 2014. The constant for the entire period of 6th CPC for 10 years from 01 Jan 06 to 31 Dec 2015 has been worked out to be 181.74 which can be used by the affected pensioners mostly our Civilian Pensioners.
      The amount of difference multiplied by this constant will give you the total amount for the period having taken into account the DR rates for each month pertaining to the period.
FAMILY PENSION - There will be no change for Ordinary Family Pension since the same had already been de-linked from the 33 yrs of Rule for full pension and was termed as Min Guaranteed Family Pension (MGFP).
OROP SCHEME. Since the OROP Scheme has equalised the pensions of all retirees prior to 2014 this  new development of delinking the 33 Yrs rule will effect only up to 30 Jun 2014
JCOs & ORs . Since the pensions of JCOs & ORs were not based on minimum pension of pay in pay band wef July-2009 as given in PCDA(P) Circular number 430, it is not yet clear as to how this will affect their pensions. However we have tried to give a simple method of knowing your likely arrears as mentioned in the succeeding paragraphs in case one has been getting pension lesser than the "MP-in-PB" figures shown in charts and tables in this post.
         It may have shortcomings as such we will seek input and views of veterans who are in better picture on the issue of JCOs and ORs. It is requested that further feed back on this be posted under the COMMENTS in this post. Please do write your Rank, Name and Email  ID at the end of your comment as otherwise our reply may not be forthcoming.
                                                                 
OFFRS:- BY ADDING THE RANK WEIGHTAGE OFFRS GET FULL PENSION i.e  50% OF MINIMUM PAY IN PAY BAND WITH THE SERVICE AS UNDER :-
These are the minimum figures of Pension  based on 50% od the Pay in Pay Band in respect of officers as given in PCDA (O) Circular Number 500 including Grade Pay and Military Service Pay. The Rank Weightages are shown under the Qualifying Service Figures in brackets as for for various ranks.

MEDICOS . In case of Medical Officers the figures as given in circular number 24 be taken as the 50% of Min of the Pay in Pay Band and arrears calculates as above. An extract of the table is placed below:-

JCOs AND ORs:- (INCL EQUIVALENT RANKS OF IN & IAF)

This data pertaining to minimum of pay in pay band ("MP-in-PB") for all groups and categories of JCOs and ORs and their equivalent ranks Navy and Air Force has been extracted from Circulars of PCDA (P) issued during the currency of  6 CPC is placed below in the table for the convenience of All Ranks other than officers.

These then are the figures of Minimum Pension  for  a Rank, Group and Categories  irrespective of the years of service rendered by various ranks. In case one is getting more than these figures will continue to do so, however, where ever one has been getting lesser than these figures will be entitled to the benefit of this Delinked Rule, Full Pension for PMR Cases.
https://2.bp.blogspot.com/-isKBl3QQlQc/VxoKpdcsPBI/AAAAAAAAHF4/DQhnHmKMDdQUlxcxNNZJvgB16Se0XrVuwCK4B/s640/MIN%2BPENSION.jpg
All other tables corresponding to 6th CPC  are also available in this blog site and can be viewed under the post "PENSION JCOs & ORs (ARREARS)"   at http://signals-parivaar.blogspot.in/2015/05/pension.html


HOW TO GO ABOUT CALCULATION OF  ARREARS OF JCOs & Ors:- With coming of this rule the arrears will be due to those persons who have been receiving Pension lesser than the 50% of "Minimum of Pay in Pay Band" wef 01 Jan 2006 to 30 June 2014 ie upto the date of implementation of the OROP Scheme.

2.  Hence the first and foremost item to know is the "Min of Pay in Pay Band"  pertaining to your Group and Rank. The above chart has been derived from various Circulars issued by PCDA(P). Do intimate in case there be some changes and modification is needed.

3.   The amount by which you have been getting lesser than this amount is the Basic difference now payable per month.
 
4.   In case of JCOs & ORs three Circulars ie 547, 430 and 501 are important. There will thus be three differences corresponding to periods as under :-

       (a)   Difference between MPinPB and figures in 547 from 01 Jan 2006 to 30 June 2009.
      (b)   Difference between MPinPB and figures of circulat 430 from 01 Jul 2009 to 23 Sep 2012.
(d)   Difference between MPinPB and figures of Circular 501 from 24 Sep 2012 to 30 Jun 2014.

5. Note down these figures where ever  they are less than the MPinPB. However in case they are higher than the MPinPB these are not to be taken into account and the difference be taken as Zero.
6.   Multiply these three differences with Multiplication factors as under to add period and DA:-
  
       (a)  01 Jan 2006 to 30 Jun 2009   =   46.02.
       (b) 01 Jul  2009 to 23 Sep 2012.  =   
57.62
       (c)  24 Sep 2012 to 30 Jun 2014.  =   
39.76

7.  Add the results these are your likely Arrears:- Let us understand with the help of example of  "Nb Sub / JWO / CPO"  of  "Y" Group. retired with 20 Yrs of service.
(a)      The "MPinPB" for Rank & Gp is Rs 16660/- hence the BASIC PENSION is half of it i.e  Rs 8330/-
(b)     Pensions as per Circulars = 547 is Rs 6311,  430 is Rs 8088/- & 501 is Rs 8088/-
(c)      Differences  (1)  8330-6311= 2019,   (2)  8330-8088= 242,  (3) 8330-8088= 242
NOTE - In case  the pension figs of the Cicular are more than the "MP-in-PB", No arrears are due in such a case for the period and the current pension which is more than "MP-in-PB" will continue.

   Arrears :-  

         (1)      
2019X46.02=92914,
         (2)      
 242X57.62= 13944,
         (3)      
 242X38.76= 9622,
                      TOTAL  =  116480    Its simple , Isn't it.
COMPARITIVE TABLE JCOs AND ORs - VARIOUS CIRCULARS

https://4.bp.blogspot.com/-bsKP7Osqfic/VxHxasC2RXI/AAAAAAAAHBY/jOU6DQAjAmE3n-eoeESaF9SRtkUHOy4jgCK4B/s640/Comparison.jpgNOTE  -  WE ARE EXTREMELY GRATEFUL TO VETERANS WHO HAVE SENT US FEEDBACK ON THE SUBJECT. ANY FURTHER OBSERVATIONS AND CORRECTIONS ARE MOST WELCOME PLEASE PEN THEM UNDER THE COMMENTS HERE UNDER. 
     
KINDLY DO GIVE YOUR RANK,  NAME &  EMAIL ID UNDER YOUR NOTE, WE WILL BE HAPPY TO ADDRESS YOU WITH YOUR RANK APPROPRIATELY. 



******************   ****************   **************   ********  ******* ******
PCDA CIRCULAR NUMBER C-149 - REG PAYMENT OF ARREARS BY DELINKING THE QS FROM REVISION.
****************************************  ****************************** 
OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014
Toll Free No. 1800-180-5321

Circular No: C-149 
No:-Gl/C/0198/Vol- V/Tech
O/o the Pr.C.D.A. (Pensions)
Draupadighat Allahabad -211014
Dated: - 08/04/2016

Subject: Revision of pension of Pre-2006 pensioners - reg.
Reference: This office Important Circulars No. 102 dated 11-02-2013 & C-144 dated 14-08-2015.

Attention of all Pension Disbursing Authorities is invited to above cited circulars wherein instructions had been issued for implementation of GOI, Ministry of P,PG and pensions, Deptt of P&PW OM No. 38/37/08-P&PW(A,) dated 28 January, 2013 w.e.f 01.01.2006. According to these orders "The revised pension of the pre-2006 pensioners shall not be less than 50% of the minimum of the pay band+ grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 3oth August, 2008, subject to the pension so arrived will be reduced pro-rata, where the pensioner had less than the maximum required service for full pension as per rule 49 of the CCS(Pension) Rules, 1972 as applicable before 1.1.2006 and in no case it will be less than Rs. 3500/- p.m".

(2) Now, GOI, Ministry of P, PG and pension, Dept of P&PW have further issued order under their OM No. 38/ 37/ O8 P&PW (A) dated 6th April, 2016, that "The revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the sum of minimum of the pay in the Pay Band and the Grade Pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table annexed to Ministry of Finance, Department of Expenditure oM No. 1/1/2008-IC dated 30th August, 2008 without pro-rata reduction of pension even it they had qualifying service of less than 33 years at the time of retirement." Accordingly, Para 5 of the OM dated 28.01.2013 would stand deleted. The arrears of revised pension would be payable with effect from 01.01.2006.
(3) In case the consolidated pension calculated as per Para 4.1 of OM No. 38/ 37/ 08-P&PW (A) dated 01-09-2008 is higher than the pension calculated in the manner indicated in the OM dated 6th April, 2016, the same (higher consolidated pension) will continue to be treated as basic pension.
(4) All other conditions as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from time to time shall remain unchanged.
(5) All pension disbursing authorities (PDAs) are therefore, requested to revise the pension in affected cases in terms of Govt. OM No. 38/37/08-P&PW(A), dated 06-04-2016 w.e.f. 01.01.2006. Payment made w.e.f. 01.01.2006will be adjusted against the arrears now being paid and these cases may be reflected in the monthly account sent to this office as ‘change item’.
(6) Where the PDAs are in doubt in regulating the payment of revised pension under these orders, the cases with full details of pensioner and PPO number etc. may be referred to Audit Section of this office for advice and further action.

(Dr. Upinderbir Singh)
Dy.CD A (P)

***************************** ***************************
MINISTRY OF PPG & P ( DEPT OF P & PW LETTER DATED 06 APR 16
****************   *******************************************


No. 38/37/08-P&PW (A)
Government of India, Ministry of Personnel, PG & Pensions Department of Pension & Pensioners' Welfare
3rd Floor, Lok Nayak Bhawan Khan Market, New Delhi-110 003. Dated the 06th April, 2016

OFFICE  MEMORANDUM

Snb:-  Revision of pension of pre-2006 pensioners - delinking of revised pension from qualifying service of 33 years.

    The undersigned is directed to say that as per Para 4.2 ofthis Department's  OM of even number dated 1.9.2008 relatingto revision of pension of pre-2006  pensioners w.e.f.1.1.2006, the revised pension w.e.f. 1.1.2006, in no case,shall  be lower than 50% of the sum of the minimum of pay inthe pay band and the  grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. A clarification was issued vide DoP&PW OM of even No.d/d 3.10.2008 that the pension calculated at 50% of the minimum of pay  in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective ofthe pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale.

2.  Several petitions were filed in the Central Administrative Tribunal, Prl Bench,New Delhi inter alia claiming thatthe revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner  had retired, as arrived at with reference to the fitment tables annexed to Min of Finance, Department of Expenditure OM No.1/1/2008-IC d/d 30.8.08
Hon'ble CAT,Principal Bench,New Delhi vide its common order dated 1.11.11 in OA No.655/2010  and 3 other connected OAs directedto re-fix the pension of all pre-2006 retirees w.e.f. l.1.2006  based on  Resolution  d/d 29.8.08 of  the  Department  of Pension  &Pensioners'Welfare and in light of observations of Hon'ble CAT in that order.

3.  Orders were issued vide this Deptts OM of even number dated 28.1.2013for stepping up of pension of pre-2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and GP corresponding to pre-revised pay scale from which the pensioner retired. Para 5 of this OM provides that in case the consolidated pension/family pension calculated as per para 4.1 of 0.M. No.38/37/08- P&PW (A) dated l.9.2008 is higher than the pension/ family pension calculated in the manner indicated in the O.M. d/d 28.1.2013 the same (higher consolidated pension/familypension) will continue to be treated as basic pension/family pension.

4.   Subsequently, in compliance of order dated 1.11.2011of the Hon'ble CAT Principal Bench in OA No. 655/2010,order dated 29.4.2013 of Hon'ble High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015of Hon'ble Supreme Court in SLP (C No.36148/2013, order were issued vide this Depts OM of even number dated 30.7.2015that the pension/Family pension of all pre-2006 pensioners/family  pensioners may be revised in accordance with this Dept's O.M. No.38/37/08-P&PW(A) d/d 28.1.2013 w.e.f.1.1.2006 instead of 24.9.2012.

5.  In accordance with the order issued in implementation of the recommendation of the 6th CPC, the pension of Govt servants retired/retiring on or after 1.1.2006 has been delinked from qualifying service of 33 years. In OA No.715
/2012 filed by Shri. M.O. Inasu, a pre-2006 pensioner, Hon'ble CAT, Ernakulam Bench, vide its order dated 16.8.2013 directed that the revised
pension w.e.f. 1.1.2006 under para 4.2 of OM dated 1.9.2008 would not be rreduced based on the qualifying service of less than 33 years. The appeals filed by Department of Revenue in the Hon'ble High Court of Kerala and in
the Hon'ble Supreme Court have also been dismissed. Similar orders have been passed by Hon'bleCAT/High Court in several other cases also.

6.   The matter has  been examined in consultation with the Ministry of Finance (Dept of Exp). It has also been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresp- onding to the pre­-revised pay scale as per fitment table without pro-rata reduction of pension even if theyhad qualifying serviceofless than 33 years atthe time of retirement. Accordingly, Para5 of this Department's OM of even number dated 28.1.2013 would stand deleted. The arrears of revised pension would be payable with effect from 1.1.2006.

7.   Ministry of Agriculture, etc. are requested to bring the contenwot'these orders to the notice of Controller ofAccounts/Pay and Accounts Officers and Attached and Subordinate Offices under them for revising the pension ofall those pre2006 pensioners who had rendered less than 33 years of qualifying  service at the time of retirementin the manner as indicated above on top priority. Revised Pension Payment Orders in all these cases may also be issued immediately.

8.   All pension disbursing offices/banks are also advised to prominently display these orders on their noticeboards for the benefit of pensioners.

9.   This issues with the approval of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 2(9)/EV/2015,dated 15.3.2016.

I0.        Hindi version will follow.

                                   (SIGNED -  SEEMA GUPTA)                                                                   Deputy Secretary to the Government of India

To

1.    All  Ministries/Depts  of Govt  of India.  (as per  standard  mailing list).
2.      All SCOVA Members
3.      All identified Pensioners Association
Copy to      (i) NIC Cell for uploading on the website of the Department.
(ii) AD (OL), DoPPW for Hindi Version

DOWNLOAD SIGNED COPY -  CLICK
YOUR OBSERVATIONS AND COMMENTS

Dear Veterans,

1. We at Signals-Family Portal are ordinary people in various matters concerning  serving and Retired Govt Personnel, as such, do heavily bank upon inputs from our readers. Kindly do add, comment and give your observations on this or any other post aimed at improving the posted contents for the benefit of the veterans community.
2. Kindly post these under the comments, we will much appreciate your contribution in this regard.
3. In order to avoid spam and unwarranted or mischievous posts, only such entries will get published where the Person has given his RANK, NAME @ EMAIL ID at the end of his/her text.
4. We will do our best to post our response as quickly as possible after getting the facts vetted from offrs, JCOs and men who are more knowledgeable on particular subject.
With best wishes

Sincerely yours,

Brig Narinder Dhand (Veteran)
16 comments:
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s ana said...
Respected SIR,your notes above on jco and OR inadequate. My doubt is the full pension wef Jan 2006 as per the above circular if exceeds the one given in july09 and Sep 12 they have to pay us till Jun 2014.In my case full pension ie without prorata wef Jan 06is 6420 but paid wef Jan 06 rs 4186, wef Jul 09 rs4840, wef Sep 12 rs 5301/- and OROP rs 7550/-.PLEASE ENLIGHTEN ME.Thank you Sir.
Reply to above Note :- 
As I have already mentioned in the last para we are not sure how the MOD will work out the figures to "Not less than min of 50% of the Pay in Pay Band" because the pensions paid presently are not the Minimum of the Pay in Pay Band for JCOs and ORs unlike the pensions of Officers. These are pro-rata of the maximum pay (Top Of the Entitlement) of the Rank and Group in Pay Band. 

However you are right once we know as to what is that figure it will be paid for the period from Jan-06 to Jun-09, Jul-09 to 23 Sep 2012 and lastly from 24 Sep 2012 to 30 Jun 2014.

I thus will not like to give out a figure which is not authentic, it may be too immature to that presently.

Brig Narinder Dhand
FURTHER TO MY NOTE ABOVE.
The current pensions of JCOs and ORs are already above the minimum of the Pay in Pay Band for the Rank and Group as such I am apprehensive of the out come of these provisions.
I shall be grateful in case some one can give us the "Min Pay in Pay band" for each Rank in respect of JCOs and ORs and their equivalents in IN and IAF as per Special Instructions as applicable for 6th CPC.
http://img2.blogblog.com/img/b16-rounded.gif
s ana said...
https://2.bp.blogspot.com/-wxUxWQc5OFE/Vw8mdVHT0_I/AAAAAAAAHA4/EP3k8vIy1vkJ4TrTVYiWqRHUzO-SYTxFwCK4B/s640/MEDICO.jpgRespected SIR, Namaste. IN IAF MIN OF PAY IN PAY BAND INCL GP AND MSP AND X GP IF APPLICALE FOR X GP. LAC. RS12890/-,CPL RS 13520/- SGT RS 15500/- JWO RS18340. WO RS20560/- MWO RS21970/- FOR Y GROUP. LAC RS 11050/-CPL RS11890/ SGT RS 12840/- JWO RS 16660/-WO RS18880. MWO RS 19360/- FOR Z GROUP. LAC RS10060/- CPL RS10650/- SGT RS12070/- JWO RS15880/- WO RS18080/- MWO RS 19080/- Detailed information Available net also under AFCAO - PAY & ALLOWANCES AIRMAN. Thank you Sir. 12 April 2016 at 09:05
THANK YOU S ANA FOR YOUR VALUABLE INPUTS WHICH HAVE BEEN INCORPORATED IN THE TEXT OF THE BLOG SITE.
EVERY ONE WILL THUS GET THIS AS THE MINIMUM PENSION IRRESPECTIVE OF THE NUMBER OF YEARS OF SERVICE RENDERED.
Anonymous said...
Good Afternoon Sir.... 50% of Minimum the Fitment table for Capt = 16145 and Grade pay = 6100,therefore the Revised Pension of Capt = 16145 + 6100 = 22,245 is this calculation Correct... kindly advise... thanks... Capt. Sher
ATTENTION JCOs AND Ors

There have been numerous mails on the Min of Pay in Pay Band in respect of JCOs and ORs and their equivalent Ranks in Navy and Air Force incl some special categories in these two services.
I am happy to obtain the authentic figures and upload in this web post. Please note that your pension will not be less than this irrespective of the length of your service before retirement provided you did the minimum pensionable service.
All the best, you can now get a fair idea of the arrears you will get once the MOD letter and the PCDA(P) circular is out, which again you will find here on this post.

Brig NK Dhand (Veteran)
PCDA has issued the circular for civilians, immediately, why they take so much time of the uniformed category?
Sir,
You have been very helpful to many officers and soldiers in a big way.Had this system of communication existed from a combined services team 40 years back,we would not have been at Jantar Mantar today.Better late than ever,today many are more well informed and are getting involved.
WGCDR BNRAO
From: annada sankar ray
Sent: Thursday, 28 April, 2016 12:22 PM
To: nkd616@gmail.com
Subject: full pension or pro-rata pension Good morning sir
I get your email id from signal paribar blog
sir i exserviceman indian navy retire on 31.01.2001(15 years 01 month service) ex petty officer(HAV).
sir i am eligible for arrear from 01.01.2006 to 30.06.2014.
sir pcda circular c149 for defence civilian already issued. for defence personnel when mod or pcda circular issued.
sir please reply i am eligible or not?
thanking you

REPLY As under :-

I understand that you are referring to the Premature cases.
The pensions of JCOs, NCOs and ORs were enhanced wef 01 July 2009
based on maximum of pension of the group and rank and not the minimum
pension as earlier.
We will have to wait for the Govt orders on payment which are under
processing presently.However, if you look up the minimum pension for a Petty Officer in my blogpost under PMR cases, the min basic pension figures are given there as 6420 for Y gp and 6035 for Z group. Therefore, in case your pension during this period had been less than this figure you should be entitled for the arrears of difference.

Brig NK Dhand 
http://img1.blogblog.com/img/blank.gif
Capt. SAS said...
Sir... pls refer to my earlier mail on delinking of pension with 33 yrs... as per the GOI letter dated 06 Apr"16 The pension would be 50% of the minimum of the fitment table + Grade pay... consequently for a Capt. 50% of the minimum of the fitment table = 16145 and Grade pay = 6100 hence pension of Capt - 16145 + 6100 = 22,245 w.e.f. 01 / 01 / 2006.. Is this calculation correct ? Please advise.
Sir,
Delinking of 33years of service was announced by Supreme Court close to a month.While civilian received their orders including PCDA(P)
Pensioners .What stop the PCDA (P) from working out the arrears.The calculation are simple and straight,were is the hitch.Time the Govt wake up and start toning the administration.Looks like only the court can step in and order.
http://img2.blogblog.com/img/b16-rounded.gif
Bhavani Net said...
Respected Sir
Good morning
first of all I like to thank you for your efforts to bring up such a good blog and articles. now to the point. sir GOI not implemented the cpc recommendation SL No 12 in its true spirit so all these litigation are come up and present OM is also a result of it
now also if goi gives a single FIG as MGP to a particular Rank irrespective of LS(from 15-33) again it leads to litigation as the cpc not recommended 50%(MGP) compulsory to all and not recommended removal of prorata also for pre 06 in its recommendations
the cpc recommendation states that the consolidated pension (with MF 1.86) should not be less than MGP so in my opinion the CP which is a prorata pension to be reversed to non prorata and then it should be compared with MGP and which ever is higher to be paid
thanks for giving opportunity to write

please correct me if Iam wrong
Can any of the readers respond to the above comment by Bhawani Net.
WHILE WRITING YOUR COMMENTS PLEASE WRITE YOUR RANK NAME AND EMAIL ID AT THE END WITHOUT WHICH AS A MATTER OF POLICY AS GIVEN IN THE POST, YOUR COMMENT MAY BE TAKEN AS SPAM.
IF YOU ARE A VETERAN BE PROUD TO MENTION YOUR RANK AND NAME EVEN IF IT IS LAC OR SEPOY.
BHAVANI NET DO INTRODUCE YOURSELF IN RESPONSE.
10 May 2016 at 22:57

(Source- Signals Parivaar Blog/Indian Military Veterans blog)


40 comments:

  1. A fine approach and useful info to veterans. Thanks to Brig.As a keen analyst and observer of facts in past 5 decades - point of serious concern to veterans - why so much of delay every time on matters of soldiers ??? Whereas ,def civilians circulars / orders were issued on 8 April 2016.
    Now ,with this the little edge derived after so much of 40 years struggle has simply lost .jaise the.back to same place !
    The mind set approach of " benefit " has to be addressed by intellectual analysis by veterans like .....Brig D.

    ReplyDelete
  2. Ibid comment from IC -14283 ,Lt Col,A B REDDY of Signals. abgreddy1@gmail.com
    This requirement was not noticed.
    Thus ,sent.
    Further add -great contributions in u blog to veterans.

    ReplyDelete
  3. Respected Sir, Here I would like to express some of my views connected with pension entitlement of officers,JCOs and OR and equivalents.Many of my colleagues have different views and there fore I seek permission from all the veterans to accept the points if it is in the correct interpretation and if not ignore as if invalied presentation. First of all we may consider the figures of pension reflected against each rank after the implementationof 6th CPC with effective date as 01.01.2006. There were some wrong calculation,in my opinion,for fixing the pension entitlement of pensioners of pre 2006 for X and Y Group. Prior to 2006 pay scale of each group and each rank were different. The X group personnel were drawing more pay and pension than Y group personnel. I mean a Sub Maj of X Group was drawing pay in the pay scale of 7250-200-10050 where as Sub Maj of Y Group was drawing pay in the pay scale of 6750-200-9550. The difference in the maximum of the pay scale of Sub Maj of X and Y group is 500. When the pension was revised wef 1.1.2006 an additional benefit in the form of difference in the pre 2006 payscale between X and Y group was extended to the pensioners of X group.Whether agree or not my view are in the wrong side. How it is as follows. The difference in the maximum of the pay scale of Sub Maj X and Y group is 500 as explained above. While fixing the revised pension wef 1.1.2006the X group pensoners became eligible for double benefit, one in the difference in the pay between X and Y and the other one is X group pay of 1400 in other sence total of 1900. Pay scale of JCOs as per 6th CPC is 9300-34800 as common. X group personnel are entitled for X Group pay of 1400 and not total benefit of 1900.This created a huge difference in the pension entitlement of X and Y group of each rank wef 1.1.2006. When the case was represented it was not addressed by the higer authorities. Later on when the fitment table was brought in to practice for fixation of minimum pension and PCDA (P) Issued circular No 547, I had noticed some difference in the fixation of pension of Lt and Capt. As per SAI 2/S/2008 there pensiin were to be fixed @ 13500 and 15350 where as Circular 547 there pension was found fixed at 15465 and 16145 wef 1.1.2006. Lt and Capt became entitled for arrears for the period from 1.1.2006 to 23.9.2012 amounting to 2.00 to 2.35 lakhs. I had sought clarification on the anomalies but there was no response. Now the table appeared above clearly shows the minimum pension of Lt is 13500 and that of Capt is 15350.This needs to be verified for the correctness.Pre 2006 pay scale of Lt is8250-300-10050 and No Rank pay. Pre 2006 pay scale of Capt is 9600-300-11400 plus Rank pay 400.By applying multiplication factor of 1.86(fitmement table for the minimum of pre 2006 pay scale) they are entitled for pension @ 13500 and 15350 only. This may also kindly be verified for the correctness. There were three changes in the pension entitlement for veterans of pre 2006 retirees. First wef 1.1.2006 second wef 1.7.2009 and the thired on 24.9.2012.In addition OROP wef 1.7.2014. If the delinking of 33 years is applied wef 1.1.2006 how the difference in the pension is going to be regulararised is not clear.Service personnel are entitled for pension based on the maximum of the pre 2006 pay scale wef 1.7.2009 and highest maximum of the pre 2006 pay scale among the three service wef 24.9.2012 and can not be equivalized at par with civilian counter parts.Service personnel to be given the benefit of maximum of the pre 2006 pay scale for calculation of pension and arrears to be paid for the period from 1.1.2006 to23.9.2012. In my opinion arrears from 24.9.2012 to 30.6.2014 will not be affected much. With regrads and respects. JC 86658 F Sub Maj and Hony Lt AK JAYARAJAN. A ritiree of 1994.

    ReplyDelete
  4. please check out www.udchalo.com for 40% discounts on air tickets, exclusively for Indian Armed Forces and ex-servicemen. please share with friends and group members.

    ReplyDelete
  5. what happens if one has served for more then 33 yrs. because as we understand the 33 years was worked for the civs whose average entry age was 25 yrs and 58 years for retirement as per the old retirement age. the same had been made applicable for servicn personals without going in to the demerits of the issue. I services there may be a large no of people particularly the offrs cadre who would cross the 33 years limit even without weightage. With weightage and former govt service the no of offrs crossing 33 yrs of Q S would be much more . Could you pl elaborate

    ReplyDelete
  6. Everything is hotchpotch. An Officer who got Lt Col rank in 13 years in 6th CPC (01 Jan 2006) having 7 years pre-commissioned service retires after 20 years and he gets basic pension of Rs 26265/- per month and also an officer (Lt Col SG) (me only) with 38 years of service also gets basic pension of Rs 26265/- wef 01 Jan 2006 and from 01 Jul 2014 both these officers will get same basic pension of Rs 34765/-. WHERE IS THE JUSTIFICATION. Two Officers of same ranks with different length of service (20 years and 38 years) are getting same pension, is it called OROP?. Officers having longer service must get their due over and above the shorter service officers, otherwise this 33 yrs QS and OROP have got no meaning.

    ReplyDelete
  7. Sir thanks a lot for the vital information over arrers to pre 2006 retirees.
    I am little bit confused to Calculate my pension: Being pre 1996 retiree.
    Cir 430 fixed my pension wef. JAN 2006 @ ₹9324 BASIC.
    CIR 471 FIXED 50 % OF (9300-34800)P B WITH GP 4200 & M S 2000
    @ 11970.
    CIR 501 CONFIRMED @ 11970 as revised wef 01-07-2009.
    Cir 547 fixed @ 9440 wef 01-01-2006
    kindly oblige to illustrate my status of arrers.
    FROM SUB RAGHBIR SINGH GP ' Y '
    Q S 28 Y.MY ID-raghbir.sub@gmail. Com

    ReplyDelete
  8. Mr jayarajan why you are comparing x and y group there is huge difference in working culture of x and y group. In civil aviation a technician who gives airworthiness certificate for the aircraft or plane they get 80000 ₹ to 100000 ₹ monthly and in our armed forces the technician only get x gp pay 1400 ₹ only for the same job. So how you can compare x and y group. If any veteran not agree with my comment then give me genuine reason.

    ReplyDelete
    Replies
    1. Mr yadav you people from X group certainly deserve a higher pension that is half of x group pay I.e. rs 700 pm
      Pbors in parent Y group never cribed when pbors from lowest H group were brought in Y group
      U just can't undermine the job of any pbor whatever group or trade one worked in
      U should not forget that all technical trades are recruited with same qualification and imparted same training in Air Force and other two services.It is only the conversion course that places an airman in X group and for X group pay is given.
      Certain trades like SEW.AFSO.Met Asstt did not any chance for conversion
      Except X group pay any difference in pay and pension is just unjustifiable
      In 7 the CPC this anomaly has been corrected and uniform pay scales have been recommended.only X group pay is given separately
      So be little considerate and logical and avoid mud slinging at a time when whole pbor community is fighting for legitimate OROP

      Delete
  9. Read the full arrival. Very encouraging.I have only 15 yrs
    Service from NAVY. Do I get my
    Pension fixed as per delinkage
    & arrears.

    ReplyDelete
  10. Sir,
    What if a JCO did not serve for the required 10 months on the rank and having been sanctioned pension of the lower rak?

    ReplyDelete
  11. Sir I am K NAGESWARA REDDY,N/SUB,21.5yrs Service.
    Mail ID: nageswarareddy2022@gmail.com
    If any benefit for me with this circular

    ReplyDelete
  12. This is only for civilians not Military persons. I have confirmed this with PCDA Allahabad pensioner helpline Tool free number.

    ReplyDelete
  13. If 21 YRS HAV gets equal with 24 YRS HAV pension

    ReplyDelete
  14. Dear all veterans. JCOs/ ORs & equivalent can refer PCDA circular No 502 dated 17 Jan 2013. In which it was actually issued by PCDA mentioning for Enhanced rate of family family pension & ordinary rate family pension. The table is correctly showing the 50% of min of pay in pay band + grade pay + MSP + X pay if applicable to those are getting less. Other wise our min pension is figures shown for full service in tables of PCDA circular No 547 dated 11 Sep 2015.If I am wrong, please advice me.
    Regard
    Prakash Pattar
    Ex Sub Maj
    Email ID - prakashkpattar147@gmail.com

    ReplyDelete
  15. Mr Gavin is an advocate and experienced veteran.He should have used the sentence "minimum pay in the fitment table Or running pay band".

    ReplyDelete
  16. You all are educating the MOD and PCDA how to misinterpret the Court verdict.
    Srinivasan,MCPO-I (RTD),Indian Navy

    ReplyDelete
  17. Respected Mahesh Yadhav Sir, I am extreamly sorry to mention here that we the veterans community are demanding OROP and not ONE GROUP ONE PENSION.I fully agree that the group and trade and their works and nature of duties are different from one to other when they perform their trade work. Some of our colleagues join the service with the qualification like Non matric,Matric,Plus 2 and Plus two with mths science with civil diploma ,Graduate and even post GRraduate. Some of our colleagues obtain Diploma through service insttution after joining the service. Every body perform their duties as per their trade. There should not be superiority complex between the trade as in the case of Commissiined officers.Let me clarify the following. In indian army there were 8 groups ie A to H prior 1973, it reduced to 5 wef 1.1.1973,further 5 reduced to three as XY Z wef 10.10.1997 again on 1.1.2006 these 3 reduced to 2 as X and Y. A veterans served and retired prior to 1973 belongs to H group is now drawing his pension as applicable to Y group as on date without performing the duties of Y group.In other words a H group veterans is now drawing the pension of Y group. All the Y group trades man are not Un qualified,un skilled, semi skilled or Skilled worker.For supervisory cadre most of the ranks are equalted and they are placed in the common pay band of 9300 to 34800.In my knowledge is correct direct entry diploma holders are placed in the higher grade pay group or higher rank and they get the service benifit for further promotion and ACP up gradation. Other than X Group personnel perform their duty as per their trade after completing technical/non technical specifiedtraining through service institution.This is views. May or may not be accepted by all. With regars. SUB MAJ AND HONY LT AK JAYARAJAN EMAIL ID akjayarajan122@gmail.com.please ignore if i am wrong any where.

    ReplyDelete
  18. Gp X and Y should be applicable for serving soldiers only for which Soldier contribute during his service. After retirement Soldier is recognised by rank and not by X and Y gp. Exserviceman does not contribute an Gp X and Y. Hence, I suggest gps for exservimen should not be kept functional after retirement and should be known by rank. Thanks.

    ReplyDelete
  19. This comment has been removed by the author.

    ReplyDelete
  20. The MOD letter and the PCDA(P) circular in this respect has not come into light. Is there a valid reason for this. This aspect is creating mistrust among the ESM. Can somebody clarify the reason for this delay? Is the OROP order conflicting with this amendment?

    ReplyDelete
    Replies
    1. It is only for Defense Civilian not for PBOR otherwise when letter is out for Def Civ why not PBOR.

      Delete
  21. For pbor cir 471 should be 50% pension cir not cir 547 prediction.

    ReplyDelete
  22. There is nothing for pbor, as the minimum/maximum fitment table for JCOs/OR has already been given vide circular 547.

    ReplyDelete
  23. In my opinion group should be conciderd only while in service. Once out from service only rank and service should be considered.No group for veterans.

    ReplyDelete
  24. Minimum/maximum fitment table confused because we are pbor and pbor means pbor, if the boss is happy understand all are happy pbor are getting 30% pension and boss are getting 75%.

    ReplyDelete
  25. Kindly clarify me, what will be the basic pension of same group 20 years Nb/sub and 28 years Nb/sub as per new rule of de-linked from QS 33 yrs.

    ReplyDelete
  26. This is applicable for those who discharged on completion 20 years or more service read circular No C-149 carefully not below the 20 years service.

    ReplyDelete
  27. Sgt Y.R. Singh veteranMay 17, 2016 at 11:24 AM

    I was released from IAF on 31-3-1981 on fulfilling the initial term of engagement on completion of 15 yrs 4 days of service.

    I was promoted to the rank Sgt wef 1.1.1981 and did not complete 10 months service to become eligible for pension for Sgt rank and getting pension of CPL.

    One JWO has challanged this policy in Chennai AFT who has ruled that even one has served for even one dayin the promoted rank is eligible to get pension for the promoted rank.

    I contacted AFRO Veterans Dte on the matter who has said that the AFT's orders have been challenged in SC.

    May I know if anybody has got latest information on the matter.

    I will be thankful for the information.

    Regards.

    279439 Sgt Y.R. Singh veteran
    Mob No. 9793279300

    ReplyDelete
  28. Kindly look at OROP table no -7 ,wherein the Basic pension of a Nb/Sub Gp- Y with 20 yrs of QS is Rs 8755/- while for 28 yrs of QS the pension BP is Rs 10742. Now since the QS of 33 yrs has been de-linked,will his basic pension shall be enhanced to 10742/- w.e f July 2014 and arrears paid accordinly ?

    Ramesh Yadav Ex-JWO

    ReplyDelete
    Replies
    1. It will be benefited only when Min of PayBand in OROP is greater then any time from Jan 2006 to Jun 2014.

      Delete
  29. Is there any work going on in PCDA ex servicemen service de linking of 33 years, as this is supreme court order to bring pre 2006 ex servicemen with post 2006 ex servicemen

    Hareesha K Ex MCERA 11 harishkad@hotmail.com

    ReplyDelete
  30. Sir,I left navy in 1992 as a po y gruop after 15 years. In 6th pay commission my basic pay was 3636.As per circlar 430 it is 4840. Circulr 501 it is increased to 5301.After orop my basic pension is 7550. Am I elegible gor this 50% minimum pension.NOTE

    ReplyDelete
  31. Respected Brig. Sir,
    My sincere thanks and gratitude for the service you are rendering to the veteran community.
    What is more heartening is your effort to helping the always neglected lot called "PBOR" I have always felt that the abbreviation is synonymous to the status of untouchables in the society. The less said about these the better; let it rest.
    As I mentioned at the beginning you have taken the trouble of explaining how the pension arrears to be calculated in respect of Sepoy to JCO.
    From your blog it is understood that the QS of 33 years is delinked and the retiree is entitled for 50% of MP in PB + GP
    The example cited is for the service rendered for 20 years. What for those who were transferred to pension establishment after 15 years of service.
    I retired as JWO(Flt.Sgt) in II group (present Y group) after 15 years of service in the year 1971. I am curious to know if the yard stick for calculating arrears is applicable in my case also.If not what is the formula for calculation in my case. There may not be too many veterans coming under the category of JCO with 15 years service; hence, I cannot look forward to seeing a general calculation criteria for arriving at arrears. In short am I, too, entitled to the benefit of 50% MP in PB.
    Thanking you
    with highest regards
    215360 JWO(Flt.Sgt.) Sukumaran RV (veteran)


















    ReplyDelete
  32. De-linking QS for33 yrs- order issued for central govt civilians and non combatants only.

    ReplyDelete
  33. order for the disabled pensioners are published let us hope orders of de linking 33 years service for 50% pension will be issued soon

    Hareesha K ex MCERA II harishkad@hotmail.com

    ReplyDelete
  34. My rank aaw2 indian navy basic as on 1/1/2006 rs 5122 will i get any arrears pl reply on email id raj.rajadhyaksha@gmail.
    Com

    ReplyDelete
  35. Sir, why is there no order issued yet for paying pension and Arrears to the ex-servicemen w e f 1.1.2006 after delinking 33 years QS for full (50% ) pension as on date?

    ReplyDelete
  36. Dear Sirs,


    I hope Organisation is doing well to defend the rights of PBOR in getting their entitled dues. However, I take this opportunity to inform you that GOI, MOD vide letter No. 17 4/2008/D Pen/Policy dated 11.11.2008, has revised pension of Pre 2006 Armed Forces Pensions/Family Pensioners under 6th Pay Commission and the same was ordered by PCDA, Allahabad vide Circular No 397. This pension was further improved vide GOI, MOD letter No. PC-10 1/2009-D Pen/Pol dated 08.03.2010 and No. 1 13/2012/D Pen/Policy dated 17.01.2013 effective with effect from 01.07.2009 and 24.09.2014 respectively.

    Based on judicial pronouncements, Govt. of India, Ministry of Personnel, PG and Pensions, Department of pension and Pensioners Welfare vide OM No. 38/37/08-P and PW A dated 30th Jul 2015 decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with their OM No. 38/37/08-P and PW A dated 28.01.2013 with effect from 01.01.2006 instead of 24.09.2012. Accordingly, GOI, MOD vide letter No. 1 04/2015 II-D Pen/Pol dated 03.09.2015, has prepared separate Annexure A for Army, Annexure B for Air Force and Annexure C for Navy, authorising disbursing authority to step up pension/family pension wef 01.01.2006 instead of allowing of pension tables as given in GOI, MOD letter dated 17 Jan 2013.This seems to be totally incorrect and cheating to PBOR. Pension shown in Annexure to GOI, MOD letter dated 3rd Sep 2015 is much less than what was given in GOI, MOD letter dated 11 Nov 2008 i.e. initial fixation of pension of PBOR under 6th Pay Commission.

    For example, in my case, my pension was fixed as Rs. 8937/- initially wef 1.1.2006 and then improved to Rs. 10157/- wef 01.09.2009, whereas this annexure shows my pension as 8010/- less Rs. 927/-. So, here is no arrear for me.


    In case of officers, order issued vide GOI, MOD letter No. 1 04/2015 I-D Pen/Pol dated 3rd Sep 2015, para 4 states that revised tables indicating minimum guaranteed pension/ordinary family pension for Indian Commissioned Officers which is annexed with GOI, MOD letter No. 1 11/2012-D Pen/Policy dated 17.01.2013 shall be effective with effect 01.01.2006 instead of 24.09.2012.


    It is not understood why GOI, MOD has not allowed PBOR to draw their pension as per tables given in MOD letter dated 17.01.2013 wef 01.01.2006, whereas, separate Annexure has been prepared for PBOR to draw their pension wef 01.01.2006 which is much less than the pension initially granted to them as on 01.01.2006 under 6th CPC setting aside the decision of Honourable Supreme Court. Why PBOR are not given the pension which was fixed as on 01 Jul 2009 and 24 Sep 2012 respectively to enable them to have arrears wef 01.1.2006.


    To deliver natural justice to PBOR, May I request you to kindly look into this and take up this issue with GOI, MOD to remove this anomaly.


    I shall be remained grateful to you.


    Yours faithfully,



    Sub Bir Singh Retired

    ReplyDelete
  37. Total confuson my rank aaw2 indian navy what about me

    ReplyDelete