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
March 12, 2015
Kalaivaraikalai
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