PCDA Circular 194 -Payment of arrears of Family pension - Armed Forces Pensioners

Office of the Principal Controller of Defence Accounts (Pension), 
Draupadi Ghat, Allahabad-211014

Circular No. 194

No. AT/Tech/012-IX                                 Dated: 24.11.2017

To,

The Chief Accountant, RBI Deptt. of Govt. Bank Accounts,  Central office C-7, Second Floor, Bandre- Kurla Complex,          P B 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 (ICICI/ AXIS/HDFC Bank)….

The Pay & Accounts Officers…………

Military and Air Attache, Indian Embassy Kathmandu,

The DPDO…………

The Post Master…………..

Sub:(i) Payment of arrears of pension in cases where valid nomination has not been made under the payment of arrears of pension (Nomination) Rules, 1983;

(ii)   Payment of arrears of family pension-regarding.

    Difficulties being faced by the defence pensioners in obtaining the legal heir-ship- certificate, for payment of arrear of pension where valid nomination has not been made under payment of arrear of pension (Nomination) Rules, 1983 and payment of arrear of family pension, were drawing attention of the Govt. since long.

2. To obviate the above difficulties of the defence pensioner, GOI, Ministry of Defence department of Ex-Servicemen Welfare, vide letter 1(10)/2013- D(Pen/Policy) dated 29th August 2017 (copy enclosed) has decided that in the absence of nominee or any “will” of the deceased pensioner, the arrear of pension will be paid as under-

i. Under the order of the Pension Disbursing Authority to the heir without production of legal authority, if the gross amount of arrears of pension claim does not exceed Rs. 25,000/-, provided he is otherwise satisfied about the right of the claimant.

ii. If the gross amount of arrears of pension claims exceeds Rs 25,000/- but does not exceed Rs 2,50,000/-, under the orders of Principal Controller of Defence Accounts(Pension) on execution of an Indemnity Bond in Form IAFA-642 duly stamped for gross amount due for payment with such sureties as may be deemed necessary and accepted on behalf of the President by an officer duly authorized under article 299(i) of the Constitution.

iii. In case of any doubt and also in cases where the amount of arrear exceeds Rs 2,50,000/- payment shall be made only to the person producing the legal authority.

3. Normally there should be two sureties both of known financial ability. However, in case the amount of claim is less than Rs 75,000/- the authority accepting the Indemnity Bond for and on behalf of President of India should decide on the merits of each case whether to accept only one surety instead of two. The obligor as well as the sureties executing the Indemnity Bond should have attained majority so that the bond has legal effect or force. The Bond is required to be accepted on behalf of the President  by  an Officer duly authorized under Article 299(i) of constitution.

4. This Ministry letter No. 1(16)/2009-D(Pen/Policy) dated 03.2010  stipulates that in the event of death of family pensioner, the right to receive any arrears of family pension would automatically pass on to the eligible member of the family next in line. The requirement of succession certificate for payment of any arrears occurs only where there is no member in family who is eligible to receive family pension after the death of the family pensioner. Therefore, it has been decided that the provision of this letter will also apply to the payment of arrears of family pension where no member of family is eligible to receive family pension.

All the Pension Disbursing Authorities are, therefore, advised to regulate the payment of life time arrears of pension and family pension in terms of instructions mentioned above.

S/d,
(Sandeep Thakur)
Jt.CDA (P)

(Source : PCDA /Govt emp diary)

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Armed Forces Tribunal: Larger Bench clarifies grant of arrears of pensions, calls for sensitivity, Legal aid to ex-servicemen community

In very important decision rendered by a Larger Bench of the Armed Forces Tribunal, New Delhi (AFT) which should bring succour to the military veteran community, the tribunal has held that arrears of pension cannot be restricted to a period of three years where there was an existing right which had been held back by instrumentalities of the Government or where there was a failure of the Government to give effect to in rem decisions of Constitutional Courts forcing affected parties to litigate and such arrears could only be restricted to a period of three years preceding the filing of the case in matters decided in personam where there was no existing right but the individual benefit was granted by way of interpretation of the Court.

The matter, emerging from the case of a former Air Force Sgt Girish Kumar, was referred to the larger bench comprising the Chairperson Justice Virender Singh, Justice Surendra Vikram Singh Rathore and Lt Gen SK Singh when certain benches of the tribunal had started restricting arrears of ‘broad banding’ of disability pension to 3 years while other benches were granting arrears from 01-01-1996 or date of retirement.

Broadbanding was introduced with effect from 1996 by Ministry of Defence (MoD) to certain medical subjectivity wherein disability were calculated in 3 bands of 50%, 75% and 100% for the purposes of calculation of disability pension. However it was extended only to “invalided out” individuals by the MoD and not to those who were released on completion of terms or super-annuation. It was initially also not granted to pre-1996 retirees.

The SC had however directed the MoD to grant the benefit to all disabled personnel irrespective of the manner of exit and also to pre-1996 retirees with arrears from 01-01-1996. When despite SC’s decision the benefits were not suo moto released, many disabled personnel were forced to move the AFT, however certain AFT benches had restricted the arrears for only 3 years.

The larger bench has observed that such restriction was not correct since on earlier instances, the SC and the Punjab & Haryana High Court had set aside such restriction imposed by the AFT since arrears were flowing out of judicial decisions which had not been honoured by the Government.

The larger bench has also held that restriction cannot be imposed if there was an existing legal right emanating from an in rem decision or which had been held back or snatched but has clarified that restriction would be justified in cases such as disabilities declared ‘neither attributable, nor aggravated by service’ by the medical board and when the benefit is granted only on legal interpretation on an in personam basis.

The bench has also called upon the MoD to be more sensitive to the requirements of pensioners so that the AFT can devote time for more meaningful matters. The larger bench has also called for a legal aid scheme for ex-servicemen as a mark of respect for their service also in tune with the remarks of the President of India during the recently held Constitution Day Celebrations.

Expansion of Legal-Aid Services to Ex-Servicemen and their Families:

The Bench also took note of the fact that umpteen number of Ex-Servicemen and their dependants are unable get their wrongs redressed and continue to suffer in either ignorance of judicial mechanisms or inability to access the same on account of financial hurdles and other disabilities. The Bench observed that it is imperative to initiate a mechanism for improved accessibility to judicial redressal for Ex-Servicemen (particularly disabled soldiers) and their families, through legal-aid under the Legal Services Authority Act, 1987, the same being also in consonance with Article 39-A of the Constitution which is the foundation for the provision of legal-aid.

The Bench also observed that the heart of the legal aid programme must address the Ex-servicemen and it is pertinent to note that population of Ex-servicemen is almost double to that of the serving fraternity.

The Bench remarked,

A large quantum of them are residing in remote areas and are unaware of their legal rights and several of them belonging to schedule tribes and other marginalized section of society. Let the intention of the legal aid be focused to target this large section of society of ex-servicemen, who have spent their better years serving the nation in a disciplined forum, unaware of the dimension of their rights.

(Source : http://theindianjurist.com/2017/12/01/armed-forces-tribunal-larger-bench-clarifies-grant-arrears-pensions-calls-sensitivity/ )

DOPT : Items proposed by the Staff-Side, NC(JCM) for discussion in the National Anomaly Committee

F.No.11/2/2016-JCA-I(Pt.)

Government of IndiaMinistry of Personnel, Public Grievances & PensionsDepartment of Personnel Training

North Block, New Delhi
Dated the 30th October, 2017

To

Shri Shiv Gopal Mishra
Secretary, Staff-Side National Council,
JCM 13-C, Ferozshah Road,
New Delhi-110001

Subject:— Items proposed by the Staff-Side, NC(JCM) for discussion in the National Anomaly Committee — Comments of DoPT regarding.

Sir,

I am directed to refer to your letters no. NC-JCM-2017/7th CPC Anomaly dated 16th August, 2017 and 31th August, 2017 with which a total of 18 items have been sent to DoPT for discussion in the NAC meetings. These 18 items are about various issues over which, the Staff-Side has opined, anomaly has arisen as a result of the 7th CPC’s recommendations or absence of them.

2. On the other hand, DoPT after examining them in the light of the three postulates which, as described in DoPT’s OM. No. 11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017, would constitute anomaly is of the view that there are certain items in the lists sent which are not in accord with them and hence cannot be called anomalies as such notwithstanding the merit that they may have otherwise. There are also certain items which should be taken up at the Departmental Anomaly Committees of the other administrative Ministries concerned. A few items are those which, for a detailed examination, need more relevant documents/papers etc. These have been briefly described below: 

Si. No	DescriptionAnomaly	Comments
1.	Anomaly     in computation          of Minimum Wage	As against the Minimum Wage decided to be Rs. 18000/- by the Govt. w.e.f. 01.01.2016, the Staff-Side has said that this should be not less than Rs. 26,000/-and the multiplication factor ought to have been 3.714 and not 2.57.  They have further asked for the pay matrix to be changed. Objecting to the methodology adopted by the 7th CPC in computing the Minimum Wage, they have given a number of reasons like the retail prices of the commodities quoted by the Labour Bureau being irrational, adoption of the 12 monthly average of the retail price being contents to the Dr. Avkrovd f ormula, the website of the Agriculture Ministry giving the retail prices of commodities forming the basis of computation of minimum wage provides a different picture, so on and so forth. However, when one compares this item with the three situations given in DoPT’s OM. No. 11/2/2016-jCA dated 16th August, 2016 and 20th February, 2017, it does not appear that this satisfies any of them to be treated as an anomaly.
2.	3% Increment in all stages	The Staff-Side argues that in spite of the foreword to the Report making it clear in para 1.19 that the prevailing rate of increment is considered quite satisfactory and has been retained, an illustrative list appended by them shows instances where the pay, gone up after the addition of annual increment by 3%, falls short of what it would have been. They have quoted para-5.1.38 of the report also which states that the rate of annual increment would be 3%. While what the Staff-Side has stated has its own merits, the fact of the matter is that the principle followed here is whenever a stage of pay, after addition of an increment, falls short of the nearest hundred by less than 50, the employee would be entitled to get the amount mentioned in the immediately next cell in the Pay-Matrix. However, when the gap is that of more than 50, the pay, on addition of an increment, is rounded off to the nearest hundred which travels backward. For instance, if staying at Rs. 46,100/- one gets an increment @ 3%, instead of having his/her pay fixed at Rs. 47,483/- (which is the exact figure), it will be Rs. 47,500/- (thus gaining by Rs. 13/-). Thus it is not a case of permanent loss as the loss in one year is made good in the second/third year. Considering this to he a situation of swings and roundabouts, this may not be treated as a case of anomaly.
3.	Anomaly due to index rationalization	The Staff-Side has taken exception to the index rationalization followed by the 7th CPC while formulating its views as per which the fitment factor varies and moves upward as one goes up the hierarchical ladder with the level of responsibility and accountability also steadily climbing up commensurately. The Staff-Side argues that the multiplication factor should be one, i.e. 2.81. Although the Staff-Side has remonstrated that the vertical relativity will suffer distortion in the process, it has to be stated that it is a policy decision about by the Staff-Side comes to be distorted when the pay of a feeder-cadre post and that of a promotional post becomes same. In this case it is not so. Hence it does not appear to qualify for being called an anomaly.
4.	Minimum Pension	The Staff-Side says the minimum pension fixed after 7th CPC should be corrected and revised orders issued. From the brief explanatory note recorded under this point, it appears that the CPC had sounded out D/o pension on what the latter thought what the minimum pension should be. This is an exclusively pension-related issue on which, as informed by the Staff-Side, D/o Pension was asked for their views by the 7t1 CPC. Moreover, as will be evident, the basic focus of DoPT’s Q.M. No. 11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017 is on taking on board those anomalies which are pay-related. Hence, this item may be taken up separately by the Staff-Side with the D/o Pension. Thus, instead of treating this as a case of anomaly, the Staff-Side is requested to take it up with the D/o Pension separately.
5.	Date of effect of allowances HRA, Transport Allowance, CEA etc.	The Staff-Side has demanded that the grant of the allowances (revised) mentioned alongside should be made effective from 01.01.2016 and not from 01.07.2017. This is a demand and cannot be treated as an anomaly. Moreover, the date from which a benefit is to be made effective is something which can be decided only by the Government. Hence, this may not be taken up at the NAC.
6.	Anomaly in the grant of D.A instalment w.e.f 01.01.2016.	Here the Staff-Side has questioned the methodology adopted by the Government in computing the DA instalment w.e.f. 01.01.2016. It has, however, to be pointed out that even if there is merit in the contention of the Staff-Side involving this item, it does not qualify being called an anomaly when it is examined in the light of the three situations which, as per DoPT’s Q.M. No. 11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017, would constitute anomalies.

3. Items to be taken up at the Departmental Anomaly Committees.

Si. No	DescriptionAnomaly	Comments
1.	Implement  the recommendation on Parity in Pay Scale between Sr. Auditor/Sr. Accountant of IA&AD and organized Accounts with Assistant Section Officer of CSS.	The Staff-Side says that although the 5th, 6th and now 7th CPC’s have recommended that the pay-scales of different cadres/categories/grades requiring the same recruitment qualifications should be the same, denial of the same benefit to the Statistical Assistants (SA’s) who are otherwise at par with Assistant Section Officers (erstwhile ‘Assistant’) is a violation of the principle. While ASO’s are placed in the Pay-Matrix of 7, SA’s are in the Pay-Matrix of 6. This arrangement is stated to have disturbed the horizontal relativity between the pay-scales of the SA’s in the Organized Accounts and IA&AD Cadre and ASO’s in the CSS cadre. In conclusion, it has been requested that SA’s should also be placed in Pay-Matrix no. 7. Even if, the present case comes across as one of anomaly, it appears that the interests of the Statistical Assistants only are involved. ASO’s of CCS are coming into the question; but only as a reference point, by way of comparison. Hence the Staff-Side is requested to take up this issue at the Departmental Anomaly Committee concerned.
2.	Technical Supervisors    of Railways	This particular item is exclusively Railways-specific. The Staff-Side, NC OCM) is requested to take it up at the Departmental Anomaly Committee of MR) Railways.
3.	Anomaly     in       the assignment  of replacement of Levels of pay in the Ministry of Defence, Railways, Mines etc in the case of Store Keepers     .	Staff-Side says that although ‘Store keeper’ is one such category of posts which is common to various Departments like Defence, Mines, Railways etc and in spite of the nature of job, responsibilities being similar, the pay-scale of storekeepers across all the Departments is not the same. It is still less in the M/o Defence even after the entry-level qualifications which were different before the 7th CPC stage, have been revised. If what the Staff-Side remonstrates that even after the requisite changes had been carried out in the R/Rules, the 7th CPC did not take any cognizance of it is true, it has to be assumed that it is a policy decision of the Government. Moreover, the issue appears to be M/o Defence-specific. The Staff-Side is requested to take it up at the Departmental Anomaly Committee meeting of the M/o Defence.

4.       Item to be taken up separately with the Department of Pension.

Si. No	DescriptionAnomaly	Comments
1.	Anomaly     arising from the decision to reject option-1 in pension fixation	As per the ToR of the NAC, anomalies are basically pay-centric. Under this point, the contention of the Staff-Side is pension-centric. Furthermore, the Staff-Side has themselves clarified that post-7th CPC, Government had set up a CoS headed by Secretary(Pension) to look into the first option recommended by the 7th CPC. Eventually, this was not found feasible to be implemented. With such a decision having been taken at the CoS level, it cannot be called an anomaly. In view of this, we may inform the Staff-Side to separately take it up with D/0 Pension without treating it as an anomaly that can be taken up at the NAC.

                             

5.       More details required to examine the following item.

Si. No	DescriptionAnomaly	Comments
1.	Parity in Pay Scales between      Assistants /Stenographers      in field / subordinate officers and assistant Section Officer and stenographers in CSS.	Although the         heading of this item is          self-explanatory, the relevant text given in the paper sent is not complete as the pay-scales of Assistants and stenos posted in field have not been mentioned therein. Until their pay-scales are known they cannot be compared to check whether there is indeed any anomaly. The Staff-Side is requested to provide more information that is relevant so that it can be properly examined to find out whether an anomaly arises here or not.

  

Yours faithfully,

 S/d,
(D.K. Sengupta)

Deputy Secretary to the Government of India

Signed Copy

(Source : Govt Emp diary)

LATEST POSITION REGARDING MINIMUM PAY AND FITMENT FORMULA — GOVT INFORMED STAFFSIDE NATIONAL COUNCIL JCM THAT INCREASE IN MINIMUM PAY AND FITMENT FORMULA WILL NOT COME UNDER ANOMALY COMMITTEE ITEM

During the last 2 – 3 months both print and electronic media are continuously reporting that increase in 7th CPC Minimum Pay and Fitment Factor is under serious consideration of the Govt. and National Anomaly Committee will give its recommendation to Govt. and orders for increased Minimum Pay and Fitment Formula will be given effect from April 2018. 

We are reproducing below a letter from Govt. dated 30.10.2017 addressed to Secretary, Staff Side , National Council JCM stating that the demand for increase in Minimum Pay and Fitment Formula will not come under the purview of National Anomaly Committee. 

Further Govt. has not yet constituted the HIGH LEVEL COMMITTEE for increasing Minimum Pay and Fitment Formula as assured by the Group of Ministers including Home Minister Sri Rajnath Singh, Finance Minister Shri Arun Jaitley on 30.06.2016. 

The so-called Senior Officers Committee has also not discussed this agenda even though staff Side has repeatedly demanded discussion and settlement as per the assurance given by Senior Cabinet Ministers. Now 17 months are over. 

32 lakhs Central Govt. Employees and 33 lakhs Pensioners are being continuously betrayed by the NDA Govt.

M. Krishnan

Secretary General

Confederation

Mob. & Whats App: 09447068125

Email: mkrishnan6854@gmail.com

Click here to view – DOPT Letter

(Source – http://confederationhq.blogspot.in )

One Request! ....Kindly have patience!

Air Force Association-India

Nov 14 at 2:08pm 

The DAV had advised all Air Force pensioners to forward their option forms for reopening of their pension cases subsequent to the issue of the letter about the implementation of the recommendations of the 7PCC. 

Many of you have already already sent these through the emails, while others have sent their forms through India post along with the required attachments. The DAV has published lists of the people whose forms have been received and this can be seen on their website. These lists are being revised every Friday.

Once posted, most of you have been calling up the DAV telephone number to confirm the receipt thus literally jamming up all their numbers.

All the mails/ the emails, received are being processed and hard copies getting placed in individual files. Some cases cannot be processed for lack of correct documents.

Please ensure that you have actually sent these documents (hard copies) as enclosures (self attested photo copies) with the signed option form:-

-Your own and your spouse's Aadhar cards (both sides),

- the PAN cards for both of you,

-a crossed out blank cheque leaf connected with your pension bank account ,

- your initial PPO where the name of your wife is duly appended or a corrigendum PPO which you may have received incorporating any corrections that you may have asked for post your retirement,

This whole exercise is a massive task and the pensioners are requested to have patience.

The AFA is closely monitoring the progress and and further development will be duly reported through these pages.

(SOURCE : AFA FACEBOOK POST)

7th CPC Revision of Pension/Family pension on the bases of pay Matrix in respect of Pre-1990 - Application Format for All Pre-2016 Pensioners

No. A-38020/2/2017-Adm.I

Government of India/Bharat Sarkar

Ministry of Labour & Employment/Shram Aur Rozgar Mantralaya

Shram Shakti Bhawan, Rafi Marg, New Delhi - 110001

Shram Shakti Bhavan, Room No.315

Rafi Marg, New Delhi-110001

Dated:31.10.2017

To

As per list enclosed.

Subject: Revision of Pension/Family pension in respect of Pre-1990-reg.

Sir/Madam,

Central Pension Account Office(CPAO) has provided a list (annexed) of 441 pensioners/family pensioners of pre-1990 pensioners. All the concerned pensioners/family pensioners are requested to contact their respective offices from where they had retired alongwith duly filled up enclosed proforma With supporting documents for further necessary action.

Yours faithfully,

(Narendra Mohan Gupta)

Section Officer

Adm.I

---

Date:

To

(Name & address Head of Office- from where retired)
-------------------------------------------------
-------------------------------------------------
-------------------------------------------------

Subject: Revision of pension /family pension pre-2016 pensioners/ family pensioners on the basis of pay Matrix prescribed by 7th CPC.

Ref: Deptt. Of Pension & Pensioners’ Welfare OM No.38/37/2016-P&PW(A) dt. 12/05/2017 Ministry of Finance (Deptt. Of Expenditure) O.M.No.1/13/EV/2017 dated 23rd May,2017.

Sir/Madam,

I am the Central Government Pensioner/my spouse retired from the above cited Central Government Department. I hereby apply for revision of my pension/family pension in terms of the Government orders cited above. My details are as under:

1. Name

2. Designation on retirement

3. Date of Retirement

4. Pay & Pay Scale on retirement:

5. PPO No.(Photo copy of PPO Book enclosed):

6. Bank Account details(Name of Bank/Account No./lFSC code:)


7.Present Address:


8.Contact No.(Land Line/Moblile No./Email ID):

Yours faithfully,

(Signature)

Name & Address

Moble No.________

Source: Click here to view/download the list of Pre-1990 Pensioners.