Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers who are below officers rank

PBOR

Remove the anomaly in the fixation of pay of re employed ex-servicemen

Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
for Central Government Employees
Joint Consultative Machinery
13-C, Ferozshah Road, New Delhi - 110001

No.NC-JCM-2019/DOPT (Ex)

September 26 , 2019

The Secretary
Government of India,
Department of Personnel and Training
North Block,
New Delhi

Dear Sir,
Sub: Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers who are below officers rank.

The above demand was discussed as Item No.26 of the Standing Committee meeting of the National Council (JCM) held on 7-3- 2019. During the course of discussion the Staff side was informed that the issue is in final stage in consultation with the Ministry of Defence and necessary instructions are expected to be issued very shortly. However to our knowledge no Government order has been issued to implement the demand of Ex-servicemen. Therefore it is once again requested that the discrimination meted to the PBOR’s may be removed and necessary Government Orders may please be issued to remove the anomaly / ambiguity in the fixation of pay of re employed ex-servicemen.

Also read: Pay fixation of re-employed Ex- Servicemen

Thanking you.

Yours sincerely,

(SHIVA GOPAL MISHRA)
Secretary

Also check: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer Rank in Defence Forces

Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees: DESW Oder dated 19th Jan, 2015

Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies

No 1(4)/2007/D(Pen/Policy)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi Dated, the 19th January, 2015

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

Subject: Revision of 43% and 45% commuted portion of pension of Armed Forces absorbees who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous bodies -Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission reg.

Sir,

 

The undersigned is directed to say that orders were issued vide this Ministry’s letter No 1(4)12007/D(Pen/Policy) dated 21.8.2009 amended vide letter No 1(4)/2007/ D(Pen/Policy) dated 9.2.2011 regarding revision of restored amount of commuted portion of pension as well as notional full pension with effect from 1.1.2006 in respect of Armed Forces Personnel absorbees who had drawn lump sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and have become entitled for restoration of 45% of pension in the case of PBOR and 43’% of pension in the case of Commissioned officers.

 

2. In compliance of orders of Hon’ble CAT, Hyderabad Bench order in CP No 26/2012 in OA 710/2010, Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare vide their OM No 4130/2010-P&PW(D) dated 11th July 2013 has issued order that restored pension of those Government servant who had drawn lump- sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies and whose pension has been restored from a date before 1.1.2006, the pre-revised restored pension (without DP) shall be revised with effect from 1.1.2006 by multiplying the same by a factor of 2.26, if the same is more beneficial than the amount of revised restored pension in terms of 6th CPC orders. These instructions have been issued as a special case and would not be taken into consideration for revision of pension on the basis of recommendations of next Pay Commission.

 

3. The undersigned has been directed to say that the provisions of Ministry of Personnel, Public Grievances & Pensions, Deptt of Pension & Pensioners’ Welfare OM No 4/30/2010-P&PW(D) dated 1 lth July 2013 shall apply mutatis – mutandis to Armed Forces personnel absorbees.

 

4. The other terms and conditions prescribed vide this Ministry’s above mentioned letter dated 21.8.2009 as amended, which are not affected by the provisions of this letter, shall remain unchanged. Pension Sanctioning Authorities shall revise restored portion of pension of absorbee pensioners’ suo moto, if found beneficial, by issue of revised Pension Payment orders, where the restored pension has already been revised in terms of this Ministry’s above said letter dated 21.8.2009.

 

5. These orders issue with the concurrence of MoD (Finance/Pension) vide their ID No 31(08)/09/Fin/Pen dated 22.12.2014.

 

Hindi version of this order will follow.

Yours faithfully,

sd/-

( Prem Parkash )

Under Secretary (Pension/Policy)

Source: http://www.desw.gov.in/
[http://www.desw.gov.in/sites/upload_files/desw/files/pdf/D%28Pen-Pol%29-19-Jan-15.pdf]

Re-employed person can receive DA on pension as well as salary: MAT

Re-employed person can receive DA on pension as well as salary: Maharashtra Administrative Tribunal

Nagpur: The Nagpur bench of Maharashtra Administrative Tribunal (MAT) held that a re-employed pensioner was entitled for receiving “dearness allowance (DA)” on his pension as well as on his salary.

“There is no rule that prohibits claiming dearness allowance on pension amount as well as on basic salary that is received after re-employment. The intention of legislation was to give benefit to the government employee who prefers retirement before the age of 55 years and is obviously subjected to payment of reduced amount as pension as compared to those who superannuate at 58 years,” Justice (retired) MN Gilani stated.

Applicant Mohammed Jameel had sought voluntary retirement from the Public Health Department on October 5, 1999, before attaining 55 years and joined as a lecturer in Law College in Gondia from the next day. He retired on February 9, 2007, after putting in seven years of teaching. On the same day, city-based district treasury officer issued an order of recovery of Rs1.31 lakh from his pension amount on the grounds that drawing “two dearness allowances” was not permitted. The petitioner received the DA on his pension as well as on his salary during his re-employment.

He challenged this order through counsel Tushar Mandlekar relying on the MCS Pension Rules that say in case of persons retiring before attaining the age of 55 years, the competent authority while fixing the pay should ignore the “entire pension” clause in case of employees other than Class I. The government relied on the guidelines issued through its circulars for pointing out that excess DA payment was not permissible.

Mandlekar argued the definition of “pension” as per Article 366 of the Constitution of India was inclusive of DA. The definition of pay, pension, and pensionable pay, are defined under Rule 9 (36), (37), (38), and Rule 60 of MCS, if read together along with the definition of pension under Article 366, makes it clear that DA was included in pay and pension, and thus could not be separated or deducted independently.

The tribunal held that Rule 157 (3) of MCS Pension Rules was independent and had its own identity, which mandated the government to ignore the “entire pension” clause that included allowances attached to it.

MAT added that there was no reason for paying and disbursing officer to rely on Rule 262 of Maharashtra Treasury Rules 1968 or government circulars. “The payment of pension to the re-employed pensioners is required to be fixed in accordance with the provisions of Chapter XIV of MCS Pension Rules, 1982. It is provided in Rule 157 (3) that “entire pension” needs to be ignored while fixing the new pay,” Justice Gilani said before quashing the district treasury officer order.

Read at: Times of India