7th CPC: Provisions regulating Casualty Pensionary Awards for Defence Forces pensioners/family pensioners

Implementation of Government decision on the recommendations of the Seventh Central Pay Commission- Provisions regulating Casualty Pensionary Awards for Defence Forces pensioners/family pensioners

7th CPC Defence Pension - Modification in Minimum ceiling
DESW Orders dated.29.1.2019

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
sd/-
(Manoj Sinha)
Deputy Secretary to the Government of India

Copy to:
MoD (Fin/pension)
CGDA, New Delhi.
As per standar distribution list.

Source: Desw.gov.in

7th CPC and OROP: Revision of Casualty Pensionary Awards in respect of Pre-2006 Armed Forces Officer and JCOs/ORs pensioners

7th CPC and OROP: Revision of Casualty Pensionary Awards in respect of Pre-2006 Armed Forces Officer and JCOs/ORs pensioners - Clarification

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

Circular No. 604

Dated: 16.08.2018

To,

    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
    All CMDs, Public Sector Banks including IDBI Bank
    Nodal Officers, ICICl/ HDFC/ AXIS/ IDBI Banks
    Managers, All CPPCs
    Military and Air Attache, Indian Embassy, Kathmandu, Nepal
    The PCDA (WC), Chandigarh
    The CDA (PD), Meerut
    The CDA, Chennai
    The Director of Treasuries, All States
    The Pay and Accounts Officer, Delhi Administration, RK Puram and Tis Hazari, New Delhi
    The Pay and Accounts Office, Govt of Maharashtra, Mumbai
    The Post Master Kathua (J&K)
    The Post Master Camp Bell Bay
    The Pr. Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair

Sub:- Revision of Casualty Pensionary Awards in respect of Pre-2006 Armed Forces Officer and JCOs/Ors pensioners: Clarification.

Ref:- This office Circular No. 569 dated 19.10.2016.

There are several representations from various War Veteran Associations demanding the benefit of Maximum of Term of Engagement in OROP as well as in 7th CPC revision quoting the Para-3 of Circular No. 569 dated 19.10.2016. Thus, it appears that there are some misinterpretation /confusion about Para-3 of Circular No. 569 dated 19.10.2016, which needs to be clarified in this regard.

Earlier vide Annexure No.-II of MoD letter No. 200847/Pen-C/71 dated 24.02.1972, there was a provision that Service Element of War Injury Pension will be equal in amount to the normal retiring pension of the rank held at the time of disablement for maximum service of rank. It means Service Element of War Injury Pension was admissible for maximum term of engagement subject to restriction that War Injury Pension should not be more than last pay drawn. Prior to 6th CPC the Service Element/ Service Pension was given 50% of the reckonable emoluments for 33 years of Qualifying Service including weightage, and for lesser period it was proportionately reduced. It is pertinent to mention that after evolution of 6th CPC provision concept of pro-rata reduction has been dispensed with. As per 6th CPC orders pension will be 50% of the last pay drawn irrespective of Qualifying Service. Therefore, relevance of Maximum Term of Engagement becomes obsolete.

The minimum guaranteed pension after implementation of 6th Central Pay Commission, was initially determined on the basis of minimum of the Pay in Pay Band plus Grade Pay vide MoD letter dated 11.11.2008 (Circular No. 397 of this office). This was further modified with issue of MoD letter No. 1(04)/ 2015 / (1)-D (Pen/ Pol) dated 03.09 .2015 for revision of Service Pension/ Service Element in respect of Pre-2006 Commissioned Officers/JCOs/ORs pensioners on the basis of minimum of fitment table for the Rank in the revised Pay Band as indicated under fitment tables, and accordingly Circular No. 547 and 548 has been issued for PBORs and Commissioned Officers respectively. The ibid minimum guaranteed pension was calculated as 50% of minimum of fitment table for 33 years of Qualifying Service including weightage with pro-rata reduction for lesser period.

The minimum guaranteed disability element/war injury element was not covered in the ibid MoD letter dated 03.09.2015. Therefore, .MoD letter No. 16(01)/2014/ D(Pen/ Pol) dated 18.05.2016 was issued (Circular No. 560) for revision of Casualty Pensionary awards in respect of Pre-2006 Armed Forces Officers and JCO/ORs Pensioners/ Family Pensioners, which provides for minimum guaranteed Disability Element/War Injury Element. The clause of pension upto Maximum Term of Engagement in case of War Disabled Pensioners which was admissible prior to 6th CPC was omitted in both the above circulars of minimum guaranteed pension. Therefore, there was a need to clarify this issue and hence the Para-3 has been inserted in Circular No. 569 dated 19.10.2016. After issue of GOI MoD letter No. 1(2)/2016-D(Pen/Pol) dated 30.09.2016 for delinking of qualifying service of 33 years for revision of pension under minimum guaranteed pension, Para No, 3 of Circular No. 569 has become redundant and therefore this Para-3 may be treated as deleted.

After implementation of 6th CPC and subsequently also in 7th CPC, pension will be determined on the basis of 50% of last pay drawn irrespective of Qualifying Service, so the relevance of pro-data reduction for lesser qualifying service become redundant as full pension is admissible for each qualifying service in each rank. Therefore, pension upto term of engagement has also become redundant. Further, the pension as per OROP rates was based on the live data of 2013 retirees where pension was given as per 6th CPC provisions. Therefore, the demand of pension upto term of engagement has also become obsolete.

Therefore, it is requested that the issue may be dealt with accordingly and the pensioner approaching for this may be clarified on similar lines duly stating that pension upto term of engagement in case of war disabled pensioners in OROP as well as 7th CPC revision is irrelevant.

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

No. Gts/Tech/05/LXXX
Dated: 16.08.2018

(Sushil Kumar Singh)
Jt. CDA(P)

Source: pcdapension.nic.in

Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Forced Officer and JCOs/ ORs Pensioners/ Family pensioners

Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Forced Officer and JCOs/ ORs Pensioners/ Family pensioners.

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

REGISTERED

Circular No. 565

Dated: 22.08.2016

To,
1. The Chief Accountant, RBI, Deptt. Of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai- 400051
2. All CMDs, Public Sector Banks including IDBI Bank
3. Nodal Officers, ICICI/ 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: Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Forced Officer and JCOs/ ORs Pensioners/ Family pensioners.

Reference: This office Circular No.456 dated 18.03.2011, Circular No.503 dated 17.01.2013, Circular No. 542 dated 27.05.2015, Circular No. 547, 548 dated 11.09.2015 and Circular No.560 dated.08.06.2016

(Available on this office website www.pcdapension.nic.in)

Consequent upon issue of GOI, MOD letter No.16(01)/2014/D(Pen/Pol) dated 18.05.2016, the Circular No. 560 dated 08.06.2016 was issued by this office for revision of Casualty Pensionary Awards in respect of Pre-2006 Armed Forced Officers and JCOs/ORs w.e.f. 01.01.2006. As per above Govt. letter, ‘the minimum guaranteed rates of Disability Element/ Liberalised Disability Element/ War Injury Element which were already revised w.e.f. 24.09.2012 vide GOI, MOD letter No 16(01)/2014-D(Pen/Pol) dated 10.04.2015 circulated vide this office Circular No. 542 dated 27.05.2015 has now been made applicable w.e.f. 01.01.2006 instead of 24.09.2012.

2. As per Para-5 of ibid Govt. letter, the aggregate of Service Element (revised in terms of Para 2.1 of GoI, MoD letter No 16(6)2008(1)/D(Pension/Policy) dated 04.05.2009 circulated vide Circular No. 410 dated 13.05.2009 and War Injury Element as amended from time to time, shall not exceed the minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendations of 6th CPC introduced from 01.01.2006 corresponding to the pre-revised Pay Scale held by the Armed Forces Personnel at the time of retirement/ discharge/ Invalidment. This ceiling of aggregate of War Injury Pension (Service Element plus War Injury Element) with reference to minimum of fitment table in the revised pay structure applicable from 01.01.2006 as mentioned above shall stand removed with effect from 01.07.2009 vide GoI, MoD letter No.10(01)/D(Pen/Pol)2009/Vol.II dated 19.01.2010.

3. Therefore, the arrears in respect of War Injury Pension shall be calculated in two phase viz. w.e.f 01.01.2006 to 30.06.2009 with ceiling/ cap as mentioned in Para-2 above and w.e.f. 01.07.2009 to 23.09.2012 without cap. It is also mentioned that the Service Element has also been revised vide GoI, MoD letter No.1(04)/2015(II)-D(Pen/Pol) and 1(04)/2015(I)-D(Pen/Pol) dated 03.09.2015 circulated vide this office Circular No. 547 and 548 dated 11.09.2015 respectively to ascertain current entitlement of the service element.

4. Accordingly, to facilitate the PDA’s for the revision of War Injury Pension, corrigendum PPO was considered to be necessary. Annexure attached with Circular No.560 dated 08.06.2016 in all such affected cases was called for with certain information. Now, considering the hardship to the Ex- Servicemen located in remote areas, it has been decided that the requirement of Annexure to the Circular No. 560 for revision of War Injury Pension will be dispensed with and revision will be done by the PDAs on the basis of minimum of fitment table attached herewith. No corrigendum PPO will be issued by this office in this regard.

5. For revision of War injury Pension, minimum fitment table has been enclosed as annexure ‘A’ to ‘F’ and PDAs are authorized for revision of pension within the cap (i.e. aggregate of Service Element and War Injury Element to revised amount till 30.06.2009. Thereafter, the revision shall be done as per table annexed to GoI, MoD letter No. 16(01)/2014/D(Pen/ Pol) dated 18.05.2016, circulated vide Circular No. 560 dated 08.06.2016 for calculating the arrears up to 23.09.2012 i.e. without cap.

6. It is also mentioned that vide this office circular No. 560 dated 08.06.2016 cited under reference, rates/ tables for modified parity of Special/ Liberalized Family Pension and Disability/ War Injury Element for various ranks was already prepared and circulated. In the said circular, there is no table for Hony. Naik, Hony. Havildar and Havildar granted Hony. rank of Nb Subedar. In view of above, it is hereby clarified that since Hony. Rank of Naik, Havildar and Havildar holding Hony rank of Nb Sub are drawing pay in the pay scale of Sepoy, Naik and Havildar respectively, therefore, they are entitled for modified parity with reference to substantive rank held at the time of retirement/ discharge/ invalidment except Naik (TS) who draws the pay of Naik. Therefore, Naik (TS) should be entitled for modified parity with respect to Naik rank.

7. All the Public Sector Banks disbursing defence pension would render a monthly progress report to the office of the PCDA(P) Allahabad as per the Proforma attached as APPENDIX- ‘Y’ (both for ICOs and JCOs/ ORs). All PDAs are therefore, requested to ensure rendition of the said monthly report both in hard and soft copy (Excel Format) by name to Shri S. Basumatary, Sr. Accounts Officer (P) (Audit Co-ordination) on e-mail ID: cda-albd@nic.in by 15th of the following month. It is also enjoined upon that all the columns of APPENDIX- ‘Y’ must be filled in complete and correct manner. It is also requested that one more copy of the requisite APPENDIX- ‘Y’ may invariably be sent along with the pension payment scrolls in which arrears of pension will be shown.

8. The DPDOs will render the said monthly progress report in APPENDIX- ‘Y’ to the office of the PCDA (P) Allahabad as well as respective CDAs i.e. CDA (PD) Meerut and CDA Chennai as the case may be.

9. A copy of arrear sheet shall invariably be provided to the concerned pensioner by the PDAs for information.

10. All other terms and conditions shall remain unchanged.

11. The provisions of this circular shall take effect from 01.01.2006 and arrears, if any, shall be allowed from 01.01.2006 up to 23.09.2012.

12. This circular has been uploaded on this office website www.pcdapension.nic.in for dissemination of Defence pensioners and Pension Disbursing Agencies.
No. Gts/Tech/05/LXXVII,

Dated: 22.08.2016

sd/-
(C.B. Yadav)
Dy. Controller (P)

Source : http://pcdapension.nic.in/

Revised Pension Tables of Casualty Pensionary awards for JCO/ORs Pensioners/Family pensioners

Revised Pension Tables of Casualty Pensionary awards for JCO/ORs Pensioners/Family pensioners

Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO/ORs Pensioners/Family pensioners

No.16(01)/2014/D(Pen/Pol)
Govt. of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi Dated 18th May, 2016

To
The Chief of Army Staff
The Chief of Naval Staff
The Chief of Air Staff

Subject: Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO/ORs Pensioners/Family pensioners

Sir,
The undersigned is directed to refer to this Ministry’s letter No.17(4)/2008(1)/D(Pen/Policy)/Vol-V dated 15.02.2011 issued in implementation of Government decision on the recommendations of 6th CPC, under which minimum guaranteed rates of various casualty pensionary awards for pre-2006 Armed Forces Officers and JCOs/ORs on the basis of the minimum of the pay in the pay band plus Grade Pay, Military Service Pay & ‘X’ Group Pay where applicable have been provided. After issue of GOI, Ministry of Defence letters No.1(11)/2012/D(Pen/Pol) dated 17.1.2013, No.1(04)/2015(I)- D(Pen/Pol) dated 03.09.2015 and No.1(04)/2015(II)-D(Pen/Pol) dated 03.09.2015 the basis of the minimum guaranteed pension under Modified Parity has been changed as minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of the minimum of the pay band.

2. Further, in respect of disability pensioners, the minimum guaranteed rates of Disability Element /Liberalized Disability Element/War Injury Element were already revised w.e.f 24.09.2012 vide GOI, MoD letter No 16(01)/2014/D(Pen/Pol) dated 10.04.2015 at the rates of the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of minimum of the pay band. Similarly, the minimum guaranteed Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of JCOs/ORs) in respect of pre-2006 family pensioners of Commissioned Officers and JCO/OR were also revised with reference to minimum of the fitment table for the rank in the revised pay band w.e.f 24.09.2012 vide GOI, MoD letter No 1(16)/2012/D(Pen/Policy) dated 17.01.2013.

3. Now, President is pleased to decide that the rates of Casualty Pensionary Awards of all Pre-2006 Disability pensioners/Family Pensioners shall be revised with effect from 01.01.2006 on the basis of the minimum of fitment table for the Rank in the revised Pay Band as indicated under fitment tables annexed with SAI 1/5/2008, SAI 2/5/2008 & SAI 4/5/2008 as amended and equivalent instructions for Navy and Air Force.

4. Pension Disbursing Agencies (PDAs) are hereby authorized to take following action.

a) To step up the minimum guaranteed rates of Disability Element, Liberalized Disability Element, War Injury Element,Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards ( in case of JC0s/ORs) in respect of pre-2006 Disability/Family pensioners of Commissioned Officers and ICO/ORs, in the affected cases, in respect of Pre-2006 pensioners with effect from 01.01.2006 instead of from 24.09.2012 and arrears, if any, on account of these Casualty Pensionary Awards shall be paid accordingly.

b) The minimum guaranteed rates of Disability Element, Liberalized Disability Element, War Injury Element on the basis of minimum of fitment tables for the various Ranks in the revised Pay Band shall be reckoned from Annexure 1 to 7 appended with this letter.

c) Further,the minimum guaranteed rates of Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of JCOs/ORs] in respect of pre-2006 Family pensioners of Commissioned Officers and JCO/ORs on the basis of the minimum of fitment table for the Rank in the revised Pay Band shall be reckoned from Annexure ‘A’, ‘B’,’C’ & ‘D’ appended with this letter.

d) Therefore; if any arrears, in respect of Casualty Pensionary Awards due to difference in rates as per this Ministry’s letter No 17(4)/2008(1)/D (Pen/Policy) /Vol-V dated 15.02.2011 and as envisaged in GOI, MoD letter No 16(01)/2014/ Wen/Poi) dated 10.04.2015 and rates indicated in Annexure 1 to 7, ‘A’, ‘B’,’C’ & ‘D’ attached with this letter shall be paid accordingly.

e) However, in respect of Casualty Family PenSionary Awards where revised pension in terms of GOT, MoD letter No 1(16)/2012/D(Pen/Pol) dated 17.01.2013 is higher than the rates indicated in annexure attached with this letter, the same shall be continued.

f) Similarly, the minimum guaranteed rates of Disability Element /Liberalized Disability Element/War Injury Element revised w.e.f 24.09.2012 vide GOI, MoD letter No 16(01)/2014/D(Pen/Pol) dated 10.04.2015, the same shall be continued where beneficial.

g) The Service element of Disability Pension and War Injury Pension will be revised as per MoD letter No 1(04)/2015(I)-D(Pen/Pol) dated 03.09.2015 and letter No 1(04)/2015(II)-D(Pen/Pol) dated 03.09.2015 read with MoD letter No 17(4)/2008(I)D(Pen/Pol) dated 11.11.2008 and other Govt. order on the subject modifying the provision of these orders issued from time to time.

h) Service element of War Injury Pension in invalidment case will be given for the maximum of terms of engagement for the rank of Armed Force Personnel from which he had invalided out.

5. However, the aggregate of Service Element (revised in terms of Para 2.1 of GOI, MoD letter No 16(6)/2008(1)/D(Pension/Policy) dated 04.05.2009 as amended from time to time) and War Injury Element shall not exceed the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendations of 6th CPC introduced from 01.01.2006 corresponding to the pre-revised Pay scale held by the Armed Forces Personnel at the time of retirement /discharge/Invalidment. This ceiling of aggregate of War Injury Pension (Service element plus War Injury element) with reference to minimum of fitment table in the revised pay structure, applicable from 01.01.2006, as stated above shall stand removed with effect from 01.07.2009 vide GOI, MoD letter No 10(01)/D(Pen/Pol)/2009/Vol.II dated 19.01.2010. Therefore, the arrears in respect of War Injury Pension shall be calculated in two phases viz. w.e.f 01.01.2006 to 30.06.2009 with the ceiling as stated above and w.e.f 01.07.2009 to 23.09.2012 with ceiling after removal of Cap. However, in no case the revised Liberalized disability pension ( i.e, aggregate of service element revised in term of Para-2.1 of this Ministry letter dated 04.05.2009 as amended from time to time plus disability element ) shall be less than 80% of minimum of the fitment table.

6. In cases where pensioner was alive on 01.01,2006 and died/dies subsequently before receiving payment, his Legal heir/heirs is/are entitled to the LTA with effect from 01.01.2006 till death of the pensioner or 23.09.2012 whichever is earlier. In such cases the payment will be made to Legal heir/heirs.

7. Any over payment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies (PDAs) against the arrears becoming due on revision of Casualty Pensionary Award on the basis of these orders.

8. This order will take effect from 01.01.2006 and arrears, if any, shall be payable from 01.01.2006 to 23.09.2012.

9. All other terms and conditions shall remain unchanged.

10. Pension Regulations of all the three Services will be amended in due course.

11. This issues with the concurrence of Finance Division of this Ministry vide their ID No PC-3 to No.10(12)12012/Fin/Pen dated 1.2.05.2016.

sd/-
(R.K.Arora)
Under Secretary to the Govt. of India

Authority: http://www.desw.gov.in/