Cabinet Decision on Risk and Hardship Matrix

Cabinet Decision on Risk and Hardship Matrix

A new paradigm has been evolved to administer the allowances linked to risk and hardship. The myriad allowances, their categories and sub–categories pertaining to civilians employees, CAPF and defence personnel have been fitted into a table called the Risk and Hardship Matrix (R&H Matrix). The Matrix has nine cells denoting varying degrees of risk and hardship with one extra cell at the top named as RH – Max to include Siachen Allowance. Multiple rates applicable to individual allowances will be replaced by two slab rates for every cell of the R&H Matrix.

Siachen Allowance : 7th CPC had placed Siachen Allowance in the RH-Max cell of the R&H Matrix with two slabs of ₹21,000 and ₹31,500. Recognizing the extreme nature of risk and hardship faced by officers / PBORs on continuous basis in Siachen, the Government has decided to further enhance the rates of Siachen Allowance which will now go up from the existing rate from ₹14,000 to ₹30,000 per month for Jawans & JCOs (Level 8 and below) and from ₹21,000 to ₹42,500 per month for Officers (Level 9 and above). With this enhancement, Siachen Allowance will become more than twice the existing rates. It will benefit all the soldiers and officers of Indian Army who are posted in Siachen.

Tough Location Allowance : Some allowances based on geographical location such as Special Compensatory (Remote Locality) Allowance (SCRLA), Sunderban Allowance & Tribal Area Allowance have been subsumed in Tough Location Allowance. The areas under TLA have been classified into three categories and the rates will be governed as per different cells of R&H Matrix and will be in the range of ₹1000 – ₹5300 per month. The 7th CPC had recommended that TLA will not be admissible with Special Duty Allowance (SDA) payable in North-East, Ladakh and the Islands. Government has decided that employees will be given the option to avail of the benefit of SCRLA at pre-revised rates along with SDA at revised rates.

Rates of High Altitude Allowance granted to Defence Forces and CAPF personnel will be governed by the R&H Matrix. The rates will go up from ₹810 – ₹16800 per month to ₹2700 – ₹25000 per month.

Field Area Allowances are granted to Indian Army, Air Force & CAPF personnel. The rates of Field Area Allowances (Modified Field, Field & Highly Active) will be governed by the R&H Matrix. The rates will go up from ₹1200 – ₹12600 per month to ₹6000 – ₹16900 per month. Classification of field areas for this allowance will be done by Ministry of Defence for Defence personnel and by Ministry of Home Affairs for CAPFs.

The rates of Counter Insurgency Ops (CI Ops) Allowance, granted to Defence and CAPFs while deployed in counter – insurgency operations will be governed by the R&H Matrix. The rates will go up from ₹3000 – ₹11700 per month to ₹6000 – ₹16900 per month.

Rates of MARCOS and Chariot Allowance granted to marine commandos of Indian Navy will be governed by the R&H Matrix. The rates will go up from ₹10500 – ₹15750 per month to ₹17300 – ₹25000 per month.

Rates of Sea Going Allowance granted to personnel of Indian Navy will be governed by the R&H Matrix. The twelve hour conditionality for determining the eligibility of Sea Going Allowance has been reduced to four hours. The rates will go up from ₹3000 – ₹7800 per month to ₹6000 – ₹10500 per month.

Rates of Commando Battalion for Resolute Action (COBRA) Allowance granted to CRPF personnel deployed in Naxal hit areas will be governed by the R&H Matrix. The rates will go up from ₹8400 – ₹16800 per month to ₹17300 – ₹25000 per month.

Rates of Flying Allowance granted to flying branch and technical officers of Defence Forces will be governed by the R&H Matrix. The rates will go up from ₹10500 – ₹15750 per month to ₹17300 – ₹25000 per month. It has been extended mutatis mutandis to BSF Air Wing also.

Rates of Test Pilot and Flight Test Engineer Allowance will be governed by the R&H Matrix. The rates will go up from ₹1500 / ₹3000 per month to ₹4100 / ₹5300 per month.

The 7th CPC had placed Antarctica Allowance, paid to the Scientists and other members undertaking the expedition to Antarctica under the Indian Antarctic programme, in the RH-Max Cell of the R&H Matrix. The rates of the RH-Max Cell recommended by the 7th CPC were less than the existing rates of Antarctica Allowance which is currently paid on per day basis. Considering the specific nature of these expeditions and to provide appropriate increase in rates, Government has decided to keep Antarctica Allowance out of the R&H Matrix and the allowance will continue to be paid on per day basis as per existing practice. The Rates of Antarctica Allowance will go up from ₹1125 per day (Summers) and ₹1688 per day (Winters) to ₹1500 per day (Summers) and ₹2000 per day (Winters).

7th CPC Recommendations on Risk and Hardship Matrix

7th CPC Recommendations on Risk and Hardship Matrix

Risk and Hardship Allowance: Allowances relating to Risk and Hardship will be governed by the newly proposed nine-cell Risk and Hardship Matrix, with one extra cell at the top, viz., RH-Max to include Siachen Allowance. This would be the ceiling for risk/hardship allowances and there would be no individual RHA with an amount higher than this allowance.

The construct of the Risk and Hardship Matrix, proposed above, is a new paradigm intended to rationalize the myriad allowances, their categories and sub-categories that exist today. It would make the administration of these allowances simple and provide a framework for the government for future inclusion of any new allowance, which can be placed in the appropriate cell depending upon the severity of the risk and hardship involved.

Cabinet Decision on 7th CPC Children Education Allowance

Cabinet Decision on 7th CPC Children Education Allowance

Rate of Children Education Allowance (CEA) has been increased from Rs 1500 per month / child (max. 2) to Rs2250 per month / child (max.2). Hostel Subsidy will also go up from Rs 4500 per month to Rs 6750 per month.

Existing rates of Special Allowance for Child Care for Women with Disabilities has been doubled from Rs 1500 per month to Rs 3000 per month.

Higher Qualification Incentive for Civilians has been increased from Rs 2000 – Rs 10000 (Grant) to Rs 10000 – Rs 30000 (Grant).

Enhanced HRA benefit only 15 Slabs for lower levels

Enhanced HRA benefit only 15 Slabs for lower levels

HRA is currently paid @ 30% for X (population of 50 lakh & above), 20% for Y (5 to 50 lakh) and 10% for Z (below 5 lakh) category of cities. 7th CPC has recommended reduction in the existing rates to 24% for X, 16% for Y and 8% for Z category of cities.

As the HRA at the reduced rates may not be sufficient for employees falling in lower pay bracket, it has been decided that HRA shall not be less than Rs 5400, Rs 3600 and Rs 1800 for X, Y and Z category of cities respectively. This floor rate has been calculated @ 30%, 20% and 10% of the minimum pay of Rs 18000. This will benefit more than 7.5 lakh employees belonging to Levels 1 to 3.

The below table shows the benefit basic pay in 1, 2 and 3 Levels

Cabinet Decision on HRA – Shocking News for Central government Employees

Cabinet Decision on HRA – Shocking News for Central government Employees

7th CPC HRA is a big upset for Central Government Employees

It is really a Shocking News for Central government Employees that 7th CPC HRA is not increased and retained the recommendation of 7th CPC on House rent Allowances with slight modifications. The date of effect of Allowances is another shock for CG Staffs.

The 7th CPC has recommended 24% , 16% and 8% for X, Y and Z cities. The Federations expressed their anguish over the Recommendation of HRA and other Allowances,Then Government Constituted a Committee to Examine the Allowances. After the Long wait, now the Government approved the same rates of House rent allowance which 7th CPC Recommended. It is really a big upset for Central government Employees. If the Government decided to approve the same rates , it should have been implemented with effect from 1st July 2016 instead of 1st July 2017. After 12 months wait the Government has decided to implement the Allowances without any Hike with effect from 1st July 2017 . It is tough decision to accept by Cg Staffs.

The Government Decision on HRA

House Rent Allowance

HRA is currently paid @ 30% for X (population of 50 lakh & above), 20% for Y (5 to 50 lakh) and 10% for Z (below 5 lakh) category of cities. 7th CPC has recommended reduction in the existing rates to 24% for X, 16% for Y and 8% for Z category of cities. As the HRA at the reduced rates may not be sufficient for employees falling in lower pay bracket, it has been decided that HRA shall not be less than ₹5400, ₹3600 and ₹1800 for X, Y and Z category of cities respectively. This floor rate has been calculated @ 30%, 20% and 10% of the minimum pay of ₹18000. This will benefit more than 7.5 lakh employees belonging to Levels 1 to 3.

7th CPC had also recommended that HRA rates will be revised upwards in two phases to 27%, 18% and 9% when DA crosses 50% and to 30%, 20% and 10% when DA crosses 100%. Keeping in view the current inflation trends, the Government has decided that these rates will be revised upwards when DA crosses 25% and 50% respectively. This will benefit all employees who do not reside in government accommodation and get HRA.

Source: http://www.gservants.com

Cabinet approval on allowances paid to Pensioners

Cabinet approval on allowances paid to Pensioners

Recommendations in respect of some important allowances paid to Pensioners

Rate of Fixed Medical Allowance (FMA) for Pensioners has been increased from ₹500 per month to ₹1000 per month. This will benefit more than 5 lakh central government pensioners not availing CGHS facilities.

i. The rate of Constant Attendance Allowance granted on 100% disablement has been increased from Rs 4500 per month to Rs 6750 per month

7th CPC Pay Fixation on Promotion/MACP after 01.01.2016: Clarification reg CCS (RP) Rules 2016 Rule 5 & FR 22(1) (a)(i) by CGDA

7th CPC Pay Fixation on Promotion/MACP after 01.01.2016: Clarification reg CCS (RP) Rules 2016 Rule 5 & FR 22(1) (a)(i) by CGDA

Important Circular

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
AN-PAY Section
10-A, S.K. BOSE ROAD, KOLKATA: 700001

NO. 115/AN-PAY/V/7th CPC

Date: 21/06/2017

To
All CFAs(Fys)/ All Branch Accounts offices
All Sections of Main Office
RTC Kolkata/CIA Kolkata

Subject : - Implementation of CCS (RP) Rules 2016 : Clarification regarding exercise of option under Rule 5.
Reference :- HQrs office, New Delhi letter No AT/II/2702/Clar dated 28/04/2017.

Reference is invited towards HQrs. Office communication cited above (copy enclosed), under which it has been clarified with an illustration that officials promoted or granted MACP between 01/01/2016 to the date of notification of CCS (RP) Rules, 2016 may opt to enter the 7th CPC after availing benefit of promotion under 6th CPC.

2. Further, attention is also invited towards HQrs. Office communication bearing No. AN/X1V/14164/7th CPC/Corr/Vol-l dated 16/12/2016 (copy enclosed) addressed to CDA Secunderabad with a copy to CDA, 1T & SDC, Secunderabad regarding fixation of pay under 7th CPC in light of implementation of FR 22 (1)(a)(l) vide GoI, Dept. of Expenditure (1C) OM dated 29/09/2016 for implementation those who are actually entitled.

3. In view of the above, it is requested to obtain option form and undertaking from the eligible officials fall under the issues explained vide ibid HQrs. Office communications and be forwarded to this office for further necessary action at this end.
Encl : As stated above.

(S K Ghosh), IDAS
Asst. Controller of Accounts (Fys.)

Office the Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-110011

No. AT/II/2702/Clar Dated: 28 Apr 2017

To
All PCsDA/CsDA/PCA (Fys)/CFA (Fys)
(Through NIC mail server)

Subject: Implementation of CCS (RP) Rules 2016: Clarification regarding exercise of option under Rule 5.
Reference: This office UO Note of even No dated 28-02-2017

As per this office UO Note cited above, the issue of availability of option to enter the 7th CPC w.e.f. 01-07-2016 (i.e., from the date of next increment in terms of proviso 1 of rule 5) to those employees who have got promotion/upgradation in a higher grade between 1st day of January, 2016 and the date of notification of CCS (RP) Rules 2016 had been referred to MoD along with an illustration (given below) of pay fixation of an employee who got financial upgraradation on 17-01-2016 in the grade pay of Rs 5400/- (PB2); MoD was requested to examine the issue and clarify the matter w.r.t. illustrative pay fixation.

2. The illustrative pay fixation forwarded to MoD/ D (Civ-I) is as follows:

Pay as on 01-01-2016 in the pre-revised pay structure in PB 2 (Rs 19300-34800) with grade pay Rs 4800/-	Rs 25080/- (20280 +4800)
Date of grant of MACP in PB 2 with grade pay Rs 5400/-	17-01- 2016
Pay fixed wef 01-07-2016 by granting difference of grade	Rs.25680/- (20280 +5400)
Pay on 01-07-2016 on accrual of annual increment @ 3% of Rs 25080/- (20280 + 4800) {Rs 7524 rounded off to Rs.760/-}	Rs 25840/- (21040 +4800)
Promotional increment @ 3% on grant of MACP on 01-07-2016	Increment Rs 775.2 rounded off to Rs 780/-
Pay fixed w.e.f. 01-07-2016 in the pre- revised structure in PB 2 (Rs. 9300-34800) by granting promotional increment	Rs 27220/- (21820 + 5400)
Amount arrived at by multiplying the existing pay as on 01.07.2016 with the fitment factor of 2.57 (the individual opted for fixation of pay under CCS (RP) Rules 2016 w.e.f. 01-07-2016)	Rs. 69855.4
Revised pay fixed as Per Rule 7 of CCS (RP) Rules 2016 in the new pay matrix in level 9 w.e.f. 01- 07-2016	Rs 71300/-

3. Now MoD/ D(Civ-I) has intimated that the illustrative pay fixation as provided above seems to be correct and in consonance with the provisions mentioned in CCS (RP) Rules, 2016.

4. Affected cases may be dealt with accordingly.

This has the approval of Addl CGDA (PP&W).

(Vinod Anand)
Sr ACGDA (P&W)

CGDA, Ulan Batar Road, Palam, Delhi Cantt.- 110010

No. AN/XIV/14142/Seventh CPC/Vol-I

Dated: 16/12/2015

To
The CDA
No.1. Staff Road,
Secunderabad-09.

Subject: 7th CPC Pay Fixation - Tulip - publicaction of Pt.II.O.O. - Reg.
Reference: Your Office letter No.AN/PAY/5005/FF/2016 dated 23-11-2016

The pay fixation-proposed at Annexure A of your letter cited under reference in respect of Sh. A.K. Banerjee SAO was examined in the light of extant provisions orders on the above subject and it is intimated that based on the information provided by your office, the methodology adopted seems to be correct.
Further, the GoI, Dept. of expenditure (IC) OM dated 29.09.2016 and provisions of FR 22(i)(a)(1) are also self explanatory to deal with such cases.

2. In the light of above, it is requested to take up the issue with CDA IT & SDC also for making necessary amendments/provisions in TULIP Programme in line with the methodology shown in Annexure A of your letter to avoid any discrepancies in pay fixation. Action taken report in this regard may be intimated urgently alongwith copy of the Pt.II O.O. for pay fixed under rules.

This has the approval Sr. Dy.CGDA(AN).

(Ajay Goel)
For CGDA

Annexure-A

Letter No. No.AN/Pay/5005/PF/2016 Dt. 22.11.2016.
Name : Sh. A.K. Benerjee, Accounts Officer
Pay as on 31.12.2015 : 24260+5400 (level 9)
Promotion : SAO (01.04.2016)
7th CPC Option : 01.01.2016.
FR22(1)(a)(1)Option : DNI.

1	Level in the revised Pay structure: 9.	Pay Band	9300- 34800 : 15600-39100
2	Basic Pay in the Revised Pay: 77900 (01.01.2016)	Grade Pay	4800	5400	5400	6600
		Level	8	9	10	11
3	Granted SAO Promotion on 01.04.2016 in Level 10.	10	62200	69200	73200	88400
		11	64100	71300	75400	91100
		12	66000	73400	77700	93800
4	Pay raised to Rs.80000 as on 01.04.2016 in Level 10: Since opted FR 22 1(a)(1) DNI in the lower scale.	13	68000	75600	80000	96600
		14	70000	77900	82400	99500
		15	72100	80200	84900	102500
5	Pay in the upgraded Level i.e. Level 10: 84900 on 01.07.2016 as per his FR 22(a)(1) option, after giving promotion increment and annual increment in the lower Scale	16	74300	82600	87400	105600
		17	76500	85100	90000	108800
		18	78800	87700	92700	112100

Sr. Accounts Officer (AN)
Source: http://pcafys.nic.in/files/CCS(RP) Rules22617_2.pdf

CBDT notifies new scrutiny notices with e-facility for taxpayers

CBDT notifies new scrutiny notices with e-facility for taxpayers

New Delhi: The CBDT has notified revised income tax scrutiny notices that will allow taxpayers to conduct their business with the taxman over the Internet without needing to visit the I-T office, hence reducing physical interface between them.

The new format pertains to three types of notices that are issued by the taxman under section 143(2) of the Income Tax Act (scrutiny of tax return) and the Central Board of Direct Taxes, the policy-making body of the department, has told all field I-T offices in the country that "all scrutiny notices..

., shall henceforth, be issued in these revised formats only".

"This has become necessary in view of board's (CBDT) decision to utilise e-proceeding facility for electronic conduct of assessment proceedings in a widespread manner from this financial year," the CBDT order, issued yesterday, said.

The three revised notices have been accessed by PTI and are meant for procedures of limited, complete and compulsory manual scrutiny.

A scrutiny procedure in the income tax system pertains to a case where a taxpayer is required to provide a number of documents and testimonials to the assessing officer (AO) after his or her case is picked up for a threadbare examination after study of their tax returns.

The department has said in the past that it only picks less than one per cent of the total I-T returns (ITRs) filed for examination under the long-drawn scrutiny process but this has still been a issue of grievance for many assessees.

Each of the three, one-page notices, will bear the name of the assessing officer, their designation, telephone and fax number and now, their email id too.

A taxpayer can use their account on the official e-filing website of the department (https://incometaxindiaefiling.gov.in/) or their personal email id to conduct their scrutiny assessment dealings with the AO.

"The department wants itself to be seen as a facilitator for the honest tax paying public without him or her requiring to visit the tax office and conducting their dealing with the AO with ease of the click of a computer mouse.The e-proceeding is aimed to curb complaints of harassment and corruption in tax related issues," a senior officer of the department said.

The new notices will also carry a five-point explanation about the new changes being made for the taxpayer with the ushering in of the Internet-based e-proceeding regime in the Income Tax Department.
"As part of the e-governance initiative to facilitate conduct of assessment proceedings electronically, I-T department has launched e-proceeding facility.

"It is a simple way of communication between the department and assessee, through electronic means, without the necessity to visit the income tax office for conduct of assessment proceedings. This taxpayer friendly measure would substantially reduce the compliance burden for the assessee," the note says.
However, the AO will have discretionary powers to call for additional documents and records and seek personal appearance of the taxpayer if there is a reason for him to delve deeper into the case and such a thing is not possible over the e-proceeding communication link.

The CBDT is also expected to soon implement the system of conducting the limited scrutiny cases via the 'e-proceeding' system through the official e-filing website.

PTI

Government Makes Aadhaar Mandatory for TB Patients to Avail Government Aid

Government Makes Aadhaar Mandatory for TB Patients to Avail Government Aid

NEW DELHI: The Union health ministry has made Aadhaar a compulsory document for tuberculosis patients to be able to avail treatment under the government’s Revised National Tuberculosis Control Programme (RNTCP).

"An individual eligible to receive the benefit under the scheme, is hereby, required to furnish proof of possession of Aadhaar number or undergo Aadhaar authentication," a government notification said. This also means that patients suffering from TB will also be unable to get cash benefits under a central government scheme till they produce their Aadhaar card.

RNTCP under the National Health Mission for promotion of universal access to TB care provides for a conditional cash assistance. The beneficiaries include TB patients, private healthcare providers and treatment supporters."

"This notification will come into effect from the date of its publication in the Official Gazette in all the states and Union territory Administrations except Assam, Meghalaya and Jammu and Kashmir," it added. India has 2.8 million cases of TB as of data from 2015.

However, the World Health Organisation (WHO) recently said that tuberculosis epidemic in India was "larger" than what had been previously estimated and asserted that the country is among those six countries which accounts for 60% of the 10.4 million new TB cases in 2015.

The ministry has asked patients without Aadhaar card to get themselves enrolled by August 31. It will also offer Aadhaar enrolment facilities for those who do not have an Aadhaar number. Till a patient gets the Aadhaar number, he or she can avail the benefits with the help of Aadhaar enrolment ID slip, or other government documents such as voter identity card, PAN card, etc.

7th CPC Pension Revision: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon'ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

7th CPC Pension Revision: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon'ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

F.No. 4/34/2002-P&PW(D).Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated the 23rd June, 2017

OFFICE MEMORANDUM

Subject: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon'ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

The undersigned is directed to say that in accordance with the instructions which existed before 31.03.1995, a Government servant, on absorption in a Public Sector Undertaking or an Autonomous Body, had the option to draw pro-rata gratuity and a lump sum amount in lieu of pension. The option regarding payment of lump sum amount in lieu of monthly pension on absorption in a PSU or autonomous body was available in terms of the instructions issued vide Department of Expenditure's O.M. No. 26(18)-E.V (B)/75 dated 08.04.1976, Department of Personnel Training's O.M. No. 28016/5/85-Estt.(C) dated 31.01.1986 and Department of Pension & Pensioners' Welfare' O.M. No. 4(12)/85-P&PW dated 31.03.1987. This option was also available to Government employees on absorption in PSUs/autonomous bodies of the State Governments and Joint Sector undertakings in terms of this Department's O.M. No. 4/43/88- P&PW(D) dated 16.10.1989. The terms and conditions for absorption of Government employees consequent on conversion of a Government Department into a PSU or autonomous body issued vide this Department's O.M. No. 4/18/87-P&PW(D) dated 5.7.1989 also provided for a similar option of lump sum payment in lieu of monthly pension.

2. In accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972, incorporated vide Department of Expenditure's Notification No. 44(l)-E.V./71 dated 09.04.1973, on exercise of the above option, an employee was entitled to a lump sum amount not exceeding the commuted value of one-third of the pension and terminal benefit equal to twice the aforesaid lump-sum amount, subject to the condition that the Government servant surrendered his right of drawing two- thirds of his pension.

3. The option to draw a lump sum amount in lieu of pension was withdrawn vide this Department's O.M. No. 4/42/91-P&PW(D) dated 31st March, 1995. Accordingly, the erstwhile Rule 37-A was omitted from the CCS(Pension) Rules, 1972 vide Notification No. 4/42/91-P&PW(D) dated 25.06.1997.

4. In implementation of the Order dated 15.12.1995 of Hon'ble Supreme Court in WP(C) No. 11855/85, instructions were issued vide this Department's O.M. No. 4/3/86-P&PW(D) dated 30.09.1996 for restoration of one-third commuted portion of pension of Government servants who had drawn lump sum payment on absorption in a PSU/autonomous body. Further instructions were issued, from time to time, for computation and revision of the one-third restored pension of such absorbee pensioners and for payment of the attendant benefits like dearness relief, etc. to such absorbee pensioners. Orders for revision of the one- third restored pension w.e.f. 01.01.2006 of such absorbee pensioners were issued vide this Department's O.M. No 4/38/2008- P&PW(D) dated 15/09/2008, O.M. No. 4/30/2010-P&PW(D) dated 11/07/2013. and O.M. No. 4/38/2008-P&PW(D) dated 04/08/2016. These absorbee pensioners were, however, entitled to dearness relief and age-related additional pension based on the notional full pension.

5. Hon'ble High Court of Judicature of Madras, in its judgement dated 02-08-2007 in Writ Petition no. 22207/2002 filed by one Sh. K. Ganesan, an officer in the office of Controller General of Accounts, held that surrendering of the right for drawal of 2/3rd of Pension after its commutation, as provided under Rule 37-A (b), was repugnant to Section 12 of the Pensions Act, 1871 and that the petitioner was lawfully entitled for the restoration of his pension after the expiry of the period of commutation of 2/3rd pension. Hon'ble High Court, accordingly, directed restoration of 2/3rd pension and payment of arrears accordingly.

6. An SLP(Civil) No. 4054/2008 (converted into Civil Appeal No. 6048/2010) was filed by the Union of India challenging the aforesaid order dated 02-08-2007 of Hon'ble High Court of Judicature of Madras. In its order dated 1.9.2016, Hon'ble Supreme Court found no justification to interfere with the order dated 02.08.2007 of Hon'ble High Court directing restoration of 2/3rd pension in respect of the respondent (Shri K. Ganesan), after the expiry of the requisite period of commutation. The Civil Appeal No. 6048/2010 was accordingly dismissed by Hon'ble Supreme Court. In the said judgement dated 1.9.2016, similar direction was passed by Hon'ble Supreme Court in the Civil Appeal No. 6371/2010 for restoration of 2/3rd pension in respect of the petitioners, Shri K.L. Dhall, an absorbed employee of Ministry of Civil Aviation and member pensioners of Welfare Association of Central Government Officers, CAD Absorbed in PSU.

7. Review Petitions No. 465/2017 and No. 472/2017 were filed by Union of India in the Supreme Court against the aforesaid order dated 1.9.2016. Instructions were separately issued to the office of Controller General of Accounts and the Ministry of Civil Aviation vide OM No.4/34/2002-P&PW(D).Vol.ll dated 21-12-2016 and OM No. 4/34/2002-P&PW(D).Vol.II dated 21-12-2016 respectively, for implementation of the orders of Hon'ble Supreme Court in respect of the petitioner/respondent pensioners in the aforesaid Civil Appeals, subject to the final outcome of the Review Petitions. The aforesaid Review Petitions No. 465/2017 and No. 472/2017 have been dismissed by Hon'ble Supreme Court on 22.03.2017.

8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02-08-2007 of the Hon'ble Madras High Court and the Order dated 01-09-2016 of the Hon'ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump-sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of commutation period of 15 years from the date of payment of 100% lump-sum amount.

9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission.

10. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India.

11. Ministry of Agriculture etc. are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay & Accounts Officers and Attached subordinate Offices under them on a top priority basis and for taking necessary action for implementation of the above instructions. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

12 This issues with the approval of Ministry of Finance (Department of Expenditure) vide their ID Note No.1(11)/EV/2017 dated 26-05-2017 and dated 13-6-2017.

13. Hindi version will follow.

Sd/-
(Harjit Singh)
Director

Source: Pensioners Portal