1) Grant of Family Pension and gratuity to the family of an employee,pensioner reported missing

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

Circular No. 538

Dated: 06.02.2015.

Subject: – Grant of Family Pension and gratuity to the eligible member of the family of an employee/pensioner/ family pensioner reported missing-consolidated instructions regarding.

Reference: – This office Circular No. 498 dated 08.08.2013.

A copy of Govt. of India, Ministry of Defence letter No 1(1)/2010-D(Pension/Policy) dated 23.12.2014 is reproduced wherein it has now been decided to issue consolidated instructions in supersession of previous instructions by various Govt. letters as mentioned in Para-1 of ibid Govt. letter regarding grant of family pension to the eligible members of family of the Armed Forces Personnel/Pensioner/Family pensioner reported missing and whose whereabouts are not known. It includes those kidnapped by insurgents /terrorists but does not include those who disappear after committing frauds/ crime/desertion etc.

2. In the case of a missing Armed Forces Personnel/ Pensioner/Family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of DSOP/AFPP fund and gratuity (whatever has not already been received) to the IHQ / Record Office concerned, where the officers and JCOs/ORs in Army and equivalent in Navy and Air Force, had last served, six month after lodging of police report. The family pension and/or retirement gratuity may be sanctioned by the respective Pension Sanctioning Authorities (PSAs) after observing the following formalities:-

(i) The family must lodge a report with the concerned Police station and obtain a report from the police that the Armed Forces Personnel/ Pensioner/ Family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary/General Diary Entry, filed by the Police authorities concerned, as per the practice prevalent in the state/ UT.

(ii) An Indemnity Bond should be taken from the nominee/dependents of the Armed Forces Personnel/ Pensioner /Family pensioner that all the payments will be adjusted against the payments due to the Armed Forces Personnel/Pensioner /Family pensioner in case she/he appears on the scene and makes any claim.

3. In the case of a missing Armed Forces Personnel, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave or the date upto which pay and allowances have been paid or the date of the police report, whichever is later. In the case of a missing pensioner/family pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension/family pension had been paid, whichever is later.

4. The retirement gratuity will be paid to the family within three months of the date of application. In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report.

5- Before sanctioning the payment of gratuity, Service HQrs/ Record Office will assess all Government dues outstanding against the employee/pensioner and affect their recovery in accordance with instruction in force.

6. The amount of salary due, leave encashment due and the amount of DSOP/AFPP fund will be paid to the family in the first instance as per the nominations made by the Armed Forces Personnel/ Pensioner on filing of a Police report and submission of an indemnity bond as indicated above.

7- The benefits to be sanctioned to the family/nominee of the missing Armed Forces Personnel/ Pensioner will be based on and regulated by the emoluments drawn by him/her as on the last date he/she was on duty including authorised periods of leave.

8. Formats of separate Indemnity Bonds to be used in the case of missing Armed Forces Personnel, missing pensioners and missing family pensioners are available at the official website of PCDA (Pensions) Allahabad i.e. www.pcdapensionnic.in.

9- This circular has been uploaded on PCDA (P) website www.pcdapensionnic.in to disseminate the Defence pensioners and PDAs.

No. Grants/Techlo113-LXVI

Dated:- 06.02.2015

(A.K. Nigam)

ACDA (P)

2 )   Revision of pension of pre-2006 pensioners -DPPW Order Dated 5-3-2015

No.38/77-A/09-P&PW(A)(Pt.)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

Lok Nayak Bhawan,
Khan Market, New Delhi-ll0 003

Dated the 5th March, 2015

Office Memorandum

Sub:- Revision of pension of pre-2006 pensioners – reg.
The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide Department of Pension & Pensioners’ Welfare’s OM dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.
2. The Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in its common order dated 1.11.2011 in four petitions [OA No.655/2010, 306/2010, 50712010 and 3079/2009] directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension with reference to the fitment table applicable for revision of pay of serving employees.
3. A large number of representations from pre-2006 pensioners are being received by the Department of Pension & Pensioners’ Welfare for extension of benefits similar to what had been allowed in case of OA No.655/2010 by CAT, Principal Bench, New Delhi.
4. In this context, it is informed that four Writ Petitions were filed in the High Court of Delhi challenging the order dated 1.11.2011 of Hon’ble CAT in four OAs. These petitions were dismissed on 29.4.2013. Subsequently, four SLPs were filed in the Hon’ble Supreme Court over a period of time against the said order of the Hon’ble High Court. Of the four SLPs, the one pertaining to Central Government SAG (S-29) Pensioners’ Association which was first in the series of said SLPs, has since been dismissed by the Hon’ble Supreme Court on 29.7.2013. As the Review Curative Petition against the said order dated 29.7.2013 also failed, the Government of India decided to comply with the order by extending the requisite benefits to the parties involved in the said SLP. As regards the other three SLPs (Nos.36148-50/2013), Hon’ble Supreme Court in its order dated 19.11.2013 issued notice and made the following observation: .
“Learned Counsel for the respondent submits that during the pendency of these petitions the respondent-writ petitioners shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal. That statement is recorded. “
5. Thus the issue of revision of pension of pre-2006 pensioners w.e.f. 1.1.2006 as covered under SLP Nos. 36148-50/2013 in the Apex Court which have been tagged with Civil Appeal No.8875-76/2011 filed by Ministry of Defence in a similar matter is subjudice.
6. This is for information
7. The outcome of SLPs under reference in Para (4) would be brought to the notice of all Ministries/Departments.

(S.K. Makkar)
Under Secretary to the Government of India

3)   Transfer Policy complying with Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011 – Parliament Assurance for Query raised

F.No. 41017/2/2015-Estt.A

Government of India

Ministry of Personnel, PG & Pensions

Department of Personnel & Training

Establishment A-III Desk

North Block New Delhi.

Dated: 9th March, 2015

OFFICE MEMORANDUM

Subject: Implementation of Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011 in the matter of Shri T.S.R.Subramanian & Others vs. UOI & Others — Parliament Assurance in Rajya Sabha Unstarred Q. No.988, answered on 17.07.2014, on ‘Amendment in Rule 3(3) of All India Service (Conduct) Rules’ — regarding.

The undersigned is directed to state that in reply to part (b) of the above Rajya Sabha Unstarred Q. No. 988 for 17/07/2014, the Parliament was, inter-alia, informed that ‘the directions of the Hon’ble Supreme Court in the PIL filed by Shri T.S.R. Subramanian and others were brought to the notice of the various Ministries / Departments who are the Cadre Controlling Authorities of the Central Civil Services for compliance’. This part of the reply has been treated as an Assurance.

2. It may please be recalled that, following the Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011, the Ministries / Departments were requested to take steps for implementation of the judgement. In view of the above Parliament Assurance, all Ministries / Departments are requested to please send a line in confirmation of the implementation of the above judgement in respect of the Cadre(s) under their administrative control by 20.03.2015 so that the Assurance can be fulfilled. The Cadre(s) under the administrative control may also please be indicated for records.

3. The Ministries / Departments, which are not Cadre Controlling Authorities for any cadre, may also kindly send a communication in this regard for the records of this Department.

sd/-

(Raju Saraswat)

Under Secretar