Wednesday, March 20, 2019

PCDA Circular No.618: 7th CPC Casualty Pensionary Awards for Defence Forces Pensioners/family pensioner - Minimum Pension @ Rs.18000/- w.e.f. 01.01.2016

Office of the Principal CDA(Pensions)
Draupadi Ghat, Allahabad- 211014
Circular No. 618
Dated: 13/03/2019

To,
  1. The Chief Accountant, RBI, Deptt. Of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kuria Complex, P B No. 8143, Bandre East Mumbai- 400051
  2. All CMDs, Public Sector Banks including IDBI Bank
  3. Nodal Officers, ICICl/ HDFC/ AXIS/ IDBI Banks
  4. Managers, All CPPCs
  5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
  6. The PCDA (WC), Chandigarh
  7. The CDA (PD), Meerut
  8. The CDA, Chennai
  9. The Director of Treasuries, All States
  10. The Pay and Accounts Officer, Delhi Administration, RK Puram and Tis Hazari, New Delhi
  11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
  12. The Post Master Kathua (J&K)
  13. The Post Master Camp Bell Bay
  14. The Pr. Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair
Subject: Implementation of Government decision on the recommendations of the Seventh Central Pay Commission- Provisions regulating Casualty Pensionary Award for Defence Forces pensioners/family pensioners-regarding.
Reference: This office Circular No. 570 dated 31.10.2016, Circular No. 582 dated 5.09.2017, Circular No. 585 dated 21.09.2017 and Circular No. 584 dated 07.09.2017.

Copy of GoI, MoD letter No. 16(3)/2017/D(Pen/Policy) dated 29th January 2019 on the above subject, which is self-explanatory, is forwarded herewith as annexure to this circular for further necessary action at your end.

2. As per ibid Govt. letter, it has been decided that following minimum ceiling shall be applied to the under mentioned casualty pensionary awards:

a. The Disability/Liberalized Disability/War Injury pension (i.e. total of service element plus disability/liberalized disability/war injury element as the case may be), shall be subject to minimum of Rs.18,000/- per month irrespective of degree of disability of the personnel.

b. The amount of special family pension,admissible to the families of Armed Forces personnel, shall be subject to a minimum of Rs.18,000/- per month.

c. The amount of liberalized family pension, admissible to the Child/Children of Armed Forces Personnel, shall be subject to a minimum of Rs.18,000/- per month.

3. All other provisions stipulated in above mentioned circulars which are not affected by the provisions of this letter, shall remain unchanged.

4. The provisions of this letter shall take effect from 01.01.2016.
5. This circular has been uploaded on this office website www.pcdapension.nic.in for dissemination to all along with Defence pensioners and pension Disbursing Agencies.

No.Grants/Tech/05/LXXXI
Dated: 13/03/2019
(Sandeep Thakur)

DA from Jan 2019 @ 12%: MoD Order for Armed Forces Officers and PBOR including NCs(E)

No. 1(2)/2004/D(Pay/Services)
Government of India
Ministry of Defence

New Delhi, the 11th March, 2019

To
The Chief of the Army Staff
The Chief of the Air Staff
The Chief of Naval Staff
Subject : Payment of Dearness Allowance to Armed Forces Officers and Personnel Below Officer Rank including NCs(E) — Revised rates effective from 01.01.2019.
Sir,
I am directed to refer to this Ministry’s letter No. 1(2)/2004-D(Pay/Services) dated 18th September 2018, on the subject cited above and to say that the President is pleased to decide that the Dearness Allowance payable to Armed Forces Officers and Personnel Below Officer Rank, including Non-Combatants (Enrolled), shall be enhanced from the existing rate of 9% to 12% with effect from 01.01.2019.
2. The term ‘basic pay’ in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix as per 7th CPC recommendations accepted by the Government, but does not include any other type of pay like special pay, etc.
3. The Dearness Allowance will continue to be a distinct element of remuneration and will not be treated as pay within the ambit of Pay rules of Defence Force Personnel.
4. The payment on account of Dearness Allowance involving fractions of 50 paise and above may be rounded to the next higher rupee and the fractions of less than 50 paise may be ignored.
5. The payment of arrears of Dearness Allowance shall not be made before the date of disbursement of salary of March, 2019.
6. This letter issues with the concurrence of Finance Division of this Ministry vide their Dy. No. 63-PA dated 07.03.2019 based on Ministry of Finance (Department of Expenditure) O.M. No. 1/1/2019-E-II(B), dated 27th February 2019.

Your faithfully,
Sd/-
(Arun Kumar)
Under Secretary to the Government of India

 Please go to MoD Website for original order.

(SOURCE : STAFFNEWS WEBSITE)


Saturday, February 2, 2019

HERE IS A SOLDIER : WP(C)3414/2013 IN THE HIGH COURT OF DELHI AT NEW DELHI

WP(C)3414/2013 IN THE HIGH COURT OF DELHI AT NEW DELHI

Coram :Hon'ble Mr Justice S Ravindra Bhat & Hon'ble Mr.Justice Deepa Sharma

MR.JUSTICE S RAVINDRA BHAT, 

(quoted)

".....There is honour in A Soldier you hear it when he talks,
       There is courage in A Soldier you can see it in his eyes, 
       There is loyalty in A Soldier that he will not compromise.
       
       There is something in A Soldier that makes him stand apart,  
       There is strength in A Soldier that beats from his heart.
   
        A Soldier is not a title any man can be hired to do,
        A Soldier is the soul of that man buried deep inside of you.

        A Soldier's job isn't finished after an 8 hour day or a 40 hour week, 
        A Soldier is always A Soldier even while he sleeps.

        A Soldier services his country first and his life is left behind,
        A Soldier has to sacrifice what comes first in a civilians's mind....."

                                                                      --Angela Goodwin.

(Source : The judgement)

Clarification /Fixation of Disability Pension


Dear Sir,
1.      Many ESMs are asking me likely benefit that may accrue to them  following issue of Min of Def letter No: 16(3)/2017/D(Pen/Policy) letter dated 29 Jan 2019.

2.      It may kindly noted that the minimum guaranteed pension is for causality personnel (i.e. disabled soldiers or war injured soldiers), special family pensioners and dependents sanctioned liberalized dependent pension w.e.f. 01 Jan 2016. This letter does not pertain to normal Ex-Servicemen or ladies drawing ordinary or enhanced rate of ordinary family pension. The letter dated 29 Jan 2019 at para 2 stipulates minimum guaranteed pension as under:-
(a)       Para 2.1 is fixation of minimum Disability Pension (Service Element + Disability Element) with any percentage of disability of Rs 18,000 pm.
(b)       Para 2.2 fixes minimum Disability Pension for those whose disability percentage is not less than 60% whose disability pension should not be less than 60% of last pay drawn subject to minimum of Rs 18,000 pm.
©       Para 2.3 fixes minimum Special Family pension at Rs 18,000 pm to wives of soldiers died while performing military duties. This excliudes ESMs and ordinary family pensioners or those drawing Enhanced rate of OFP.
(d)       Para 2.4 fixes Dependent Liberalised Pension of children of soldiers martyred at not less than Rs 18,000 pm.

3.      Many ESMs posed a question to me from the time the ibid Min of Def letter dated 29 Jan 2019 is issued : Does it benefit me ? Let us analyse each of the above cases.

4.      (a)     Disability Element. w.e.f. Jan 2016 disability element has been broad banded which is 50% irrespective whether the disability percentage is between 20% and 49% (disability granted prior to Jan 2016). That means disabled soldier irrespective of date of retirement even with 20% disability is now drawing disability element as if he is granted 50% disability from 01 Jan 2016. The disability element is 60% of pension (or 30% of last pay drawn) for 100% disability. For 50% disability it is 30% of pension or 15% of last pay drawn.

(b)     Disability Pension  = service element + disability element.

(c)     Minimum Disability Pension Being Drawn Already w.e.f. 01 Jan 2016. We take the poorest of the poor soldiers i.e. Sepoy with 15 years’ service and of trade group Y for our analysis of ibid Govt letter dated 29 Jan 2019.
(i)      Service element = is Rs 17,129
(ii)     Disability Element is Rs 5,139 (30% of pension)
(iii)    Disability Pension = Rs 17129 + 5139 = Rs 22,268
(iv)     Disability pension he is already drawing w.e.f. 01 Jan 2016 = Rs 22,268.
(e)     How does minimum of Rs 18,000 now sanctioned by the Min of Def in anyway benefit a disabled solider with 20% disability w.e.f. 01 Jan 2016 as he is already drawing Rs 22,268 as his disability pension? So none of the ESMs irrespective of their rank benefit from this Min of Def letter dated 29 Jan 2019.

(d)     Disability Pension for Disabled Soldier whose Disability is not less than 60%. Let us examine this case too to see whether the ibid Min of Def letter dated 29 Jan 2019 gets him any benefit to such disabled soldiers. Pension of Sepoy with 15 years’ service and of Group Y as on Jan 2016 is as under:-

(i)      Service Element. Rs 17,129

(ii)     Disability Element with 60% rounded off to 75% due to Broad banding w.e.f. Jan 2016. Rs 17169 x 0.6 x 0.75 = Rs 7,708
(iii)     Disability pension already being drawn = Rs 17129 + Rs 7708 = Rs 24,837.
(iv)    Minimum guaranteed Disability pension is not less than 60% of last pay drawn = service element + disability element
(v)     Service element = Rs 17129.
(vi)    Disability element for disability not less than 60% of Last Pay drawn = 17129 x 2 x 0.60   = Rs 20,555 pm.
(v)     Does this ibid Min of Def letter of 29 Jan 2019 give any benefit to such disabled soldiers who are NOT invalided when they sustained disability but given sheltered appointment till the time of discharge on completion of terms of engagement?

5       Then who does this ibid Min of Def letter benefit? It may benefit only those who are invalided out of service as being unfit for military duties anymore.. Generally, invalidment is done only if disability percentage is not less than 60%. Assume a Sepoy who sustained injuries which is more than 60% in his first year of service (war injured soldiers are not invalided in spite of 100% disability). His disability pension is as under:-
         (a)     Service Element - Rs 17129 pm
(b)     Disability Element @ 75% disability due to broad banding = 17129 x 0.6 x0.75 = Rs 7708 pm
  (c)     Disability pension he is already drawing w.e.f. Jan 2016 = Rs     17129  + Rs 7708 = Rs 24,837 pm
(d)     Disability Pension now fixed at minimum 60% of Last Pay Drawn subject to minimum of Rs 18000 = Rs 17129 + Rs 17129 x 0.6 x 0.6  = Rs 20,555 (subject to minimum of Rs 18,000)

(e)     Even a Sepoy with six months service and invalided draws        more than minimum of Rs 18,000

(f)      Observation: The minimum guaranteed disability pension does not benefit even a sepoy with six months service of Group Y and invalided from service. No disabled sepoy of 15 years’ service and of Y Group is benefited by ibid Min of Def letter dated 29 Jan 2019.

6.      Family Pensioners. The wives of soldiers who die and whose death is attributable to or aggravated by military service are sanctioned Special Family pension. The special family pension is 60% of last pay drawn or double the Ordinary family pension. The ibid Min of Def letter has fixed minimum Special Family pension at Rs 18,000 pm. The special family pension w.e.f Jan 2016 already being drawn by Special Family Pensioners of soldier who put in just six months service is 7000 x 2.57 = Rs 17,990. But soldiers can join at age of 20 years and till they put in 5 years’ service are not permitted to marry. The earliest service a Sepoy who dies while performing military duty is 5 years and then only SFP is granted to his wifew. The SFP of wife of such sepoy being Rs 17, 990, she is benefitted by Rs 10 as the minimum is Rs 18,000 pm.
7.      Wives of Sepoys who die with 5.5 years of service are already drawing SFP of Rs 18095 (=7041 x 2.57).  So ibid Min of Def letter also does not benefit wives of Sepoys whose husbands died with 5.5 years of service or more.

7.      Dependent Children Sanctioned Liberalised Dependent Pension. This pension is granted to children of martyred soldiers whose wives pre-deceased them. The minimum age at which a soldier is permitted to marry is 25 years. Even then let us see if a solider with just six months service is martyred, does his child get a benefit of minimum guaranteed pension of Rs 18,000 assuming his wife has pre-deceased him. The soldier whose service is just six months and martyred at the age of 20 or 20.5 years, then his child gets Liberalised Dependent pension of Rs 6183 x 2.57 = Rs 15,890. But you do not come across soldiers marrying at the age of 20 years. But if a soldier gets married at the age of 25 years and assuming he dies with 5.5 years of service then his dependent child gets pension of Rs 18,095. Even such children also do not get any benefit from the ibid Min of Def letter dated 29 Jan 2018.

8.      Summary.
(a)     No disabled soldier of any disability percentage of any rank gets any benefit as his present pension is more than Rs 18,000 pm.  

(b)     No wife of soldier with 5.5 years or more service gets benefit of ibid Min of Def letter as they draw more than Rs 18,000 pm as SFP.

(c)     No child of martyred soldier with service of 5.5 years of more gets benefit of ibid Min of Def letter as they are already drawing pension more than Rs 18,000.

9.      If someone can point out benefit of this ibid Min of Def letter, I will be highly obliged as I might have made some mistakes. The MS Excel sheet showing these details is attached. 

Warm Regards,
Brig CS Vidyasagar (Rtd)
TSEWA- 140
040-48540895
9493191380 (Mobile connectivity is very poor in my residential complex. Use Land line please)
Pl See T SEWA Blog for regular updates at https:// www.tsewa.org



On Thu, 31 Jan 2019 at 14:45, Sunil Kumar <sunilrashmi51@gmail.com> wrote:
Sir,

1. I Sgt ( ACP) got the discharge from IAF on 31 Mar 2010 after completion of 23 years and 05 days of service.

2. I got disability Percentage i.e  20% during RMB which has been broad banded to 50% for which arriear has been also paid to me. 

3. At present my Service Pension (Service Element 50% ) has been  fixed Rs 27767/- and Disability Pension ( Disability Element i.e 50 % after BB) has been fixed Rs 8331/-

3. Now you are requested to go ahead with attached file and please inform me how much Disability Pension I will get as per this letter since I m unable to under stand Para2.1 & 2.2 of this attachment .

4. Sir, I know you are the person who is looking after all this adminitrative as well as legal advise of TSEWA , due that your sechule is very bussy but after getting this letter my egarness to know about my Disability Pension whether will it  benificial for me or not? Your precious few minutes will be clear my ambiguities in this regard.

Awaiting for your reply with rays of hope that definitely you will spare your precious few minutes for my eagerness....


With Regards

Sunil Kumar
Sgt ( ACP)
TSEWA- 7487
Mob No-8076668614
              -9911968680
__._,_.___

(Source : Tsewa circulated mails)

Pensionary Awards for Defence Forces pensioners/family pensioners(7th CPC) – Defence

No.16(3)/2017/D(Pen/Policy)

Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi-110011, Dated, 29th January, 2019
To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
Subject- Implementation of Government decision on the recommendations of the Seventh Central Pay Commission – Provisions regulating Casualty Pensionary Awards for Defence Forces pensioners/family pensioners – regarding.
Sir,
I am directed to refer to the provisions for revision of various kinds of pensionary awards notified in implementation of the Government decision on recommendations of Seventh CPC vide this Ministry’s letters No 17(01)/2016-D(Pen/Pol) dated 29th Oct, 2016 amended vide this Ministry’s letter No 17(01)/2017/(01)/D (Pension/Policy) dated 4th Sept, 2017 read with letter No 17(01)/2017/(02)/D(Pension/Policy) dated 5th Sept, 2017 for pre-1.1.2016 Armed Forces pensioners/family pensioners and vide letter No 17(02)/2016-D(Pen/Pol) dated 4th Sept, 2017 for post-1.1.2016 Armed Forces pensioners/family pensioners.
2. In partial modification of above said orders, it has now been decided that following minimum ceiling shall be applied to the under-mentioned casualty pensionary awards:
2.1 The Disability/Liberalized Disability/ War Injury pension (i.e. total of service element plus disability/ liberalized disability/ war injury. element as the case may be), shall be subject to minimum of Rs 18,000/-per month irrespective of degree of disability of the personnel.
2.2 In cases of disability pension where permanent disability is not less than 60%, the disability pension (i.e. total of service element plus disability element) shall not be less than 60% of the reckonable emoluments as defined in above mentioned orders, subject to a minimum of Rs 18,000/- per month.
2.3 The amount of special family pension, admissible to the families of Armed Forces Personnel, shall be subject to a minimum of Rs.18,000/- per month.
2.4 The amount of liberalized family pension, admissible to the Child/Children of Armed Forces Personnel, shall be subject to a minimum of Rs.18,000/- per month.
3. All other provisions stipulated in above mentioned Government orders which are not affected by the provisions of this letter, shall remain unchanged.
4. The provisions of this letter shall take effect from 1.1.2016
5. This issues with the concurrence of Finance Division of this Ministry vide their ID No.10(16)2018/Fin/Pen dated 26.12.2018
6. Hindi version will follow.
Yours faithfully
(Manoj Sinha)
Deputy Secretary to the Government of India
(Source : https://www.govtempdiary.com )

Budget 2019-20: No Tax upto Rs.5 Lakh, 1.5 Lakh for Saving, Standard Deduction Rs.50,000 & Bank Interest TDS threshhold Rs. 40,000

Budget 2019-20: No Tax upto Rs.5 Lakh, 1.5 Lakh for Saving, Standard Deduction Rs.50,000 & Bank Interest TDS threshhold Rs. 40,000 

Individual taxpayers having annual income upto Rs 5 lakhs will get full tax rebate. Individuals with gross income up to 6.5 lakh rupees will not need to pay any tax if they make investments in provident funds and prescribed equities :FM Piyush Goyal 
  • Individual taxpayers with annual income up to 5 lakh rupees to get full tax rebate
  • Individuals with gross income up to 6.5 lakh rupees will not need to pay any tax if they make investments in provident funds and prescribed equities
  • Around 3 crore middle class taxpayers will get tax exemption due to this measure:
  • Standard tax deduction for salaried persons raised from 40,000 rupees to 50,000 rupees:
  • TDS threshold on interest on bank and post office deposits raised from 10,000 to 40,000 rupees
  • TDS threshold on rental income raised from 1.8 lakh to 2.4 lakh rupees

: FM Shri Piyush Goyal

(Source :  of Staffnews)