Pre 2006 Pensioner’s Arrears from 01.01.2006: Law Ministry’s advise to DoP & PW

Pre 2006 Pensioner’s Arrears from 01.01.2006: Law Ministry’s advise to DoP & PW

Ministry of Law & Justice
Department of Legal Affairs

Dy. No.1295/LS/2014
F. No. 38/77-A/09-P&PW (Vol.II)

D/o Pension & Pensioners Welfare has referred this file to examine on the following issues:

(i) The Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five Member Bench of the Hon’ble Supreme Court headed by Chief Justice of India. Therefore, we may implement the CAT/High-Court order in respect of petitioners only subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. The implementation of CAT order will be subject to the clarification sought from the CAT and mentioned in Para 2 above.

(ii) We may implement the CAT order in respect of all pre-2006 pensioners subject to the final outcome of the pending SLP No. 36148-50/2013.

(iii) Although the Curative Petition has been dismissed. we may await the outcome of SLP No. 36148-50/2013 before deciding on the question of implementation of CAT order, subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition.

2. It is the case of Department of Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association v/s UOI and Ors. had acquired its finality consequent to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the High Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In these circumstances it is stated that order of tribunal passed in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association (SUPRA) acquires its finality. It is also mentioned in the reference note that a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending before the tribunal and is fixed for 15/5/2014.

3. In other matters wherein the Deprtment have filed SLPs before the Apex Court against the orders of the tribunal and the High Court and those SLPs are still pending and the Hon’ble Supreme Court had recorded the statement given by the Counsel of Respondents that ‘they shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances there is no possibility for filing any contempt against the Department.

4. Having exhausted all the possible available remedies. the Govt. is left with no other alternative but to implement the order passed by the CAT, which has been upheld by the highest Court of the land. In so far as the pending SLPs are concerned, there may not be any objection in awaiting the final outcome of the cases before taking a final decision.

May kindly see.
(R.S. Verrma)
Deputy Legal Adviser
08.05.2014

JS & LA (Shri. D. Bhardwaj)

Source: www.scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/10/law-ministry-never-advised-dop-pw-to.html]

Clarification on fixation of enhanced family pension pre-2006 pensioners/family pensioners

Backlog-vacancies-for-Persons-with-DisabilitiesF.No.1/3/2011-P&PW(E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated: the 25th May, 2012

OFFICE MEMORANDUM

Subject: Fixation of enhanced family pension – pre-2006 pensioners/family pensioners — Clarification regarding.

The orders of the Government on implementation of the recommendations of the 6th central Pay Commission were issued by this Department in September, 2008. The family pension in respect of pre-2006 pensioners/family pensioners was consolidated w.e.f. 01.01.06 as provided for in this Department’s O.M. No.38/37/08- P&PW(A), dated 01.9.08 and clarified vide O.M. No. 38/37/08-P&PW(A).Pt.I, dated 03.10.08 and 14.10.08.

2. The fixation of family pension at ordinary rates is subject to the provision that the revised family pension in no case shall be lower than 30% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In case of HAG and above scales it is 30% of the minimum of the revised pay scale. In the cases of such employees who retired/died on or before 31.12.2005, the family pension at enhanced rates was also required to he revised.

3. It is clarified that the revised enhanced family pension, under sub-rule 3(a) of Rule 54 of the CCS (Pension) Rules, 1972, during the applicable period, shall also be determined as per para 4.1 of O.M. No.38/37/08-P&PW(A), dated 01.9.08. Further, it shall not be less than 50% of the sum of minimum of the pay ¡n the pay band plus the grade pay or 50% of minimum of pay scales in case of HAG and above, corresponding to the pre-revised pay scale in which the pensioner/deceased employee had last worked.

4. In cases where the pension authorized on retirement was less than 50% of the last pay drawn and amount of pension revised after 1.1.2006 is also less than 50% of the sum of minimum of the pay in the pay band plus grade pay or 50% of minimum of revised pay scales in case of HAG and above, the revised enhanced family pension may be less than 50% and shall be restricted to that amount.

5. In the case of a pensioner who died prior to 1.01.2006, the notional revised pension as on 01.01.2006 shall be taken into account for the purpose of calculation as above. in all cases, the amount of revised enhanced family pension shall not be less than 30% of the sum of minimum of the pay in the pay band plus the grade pay or 30% of minimum of pay scales in case of HAG and above.

6. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

7. This issues with the concurrence of Ministry of Finance. Department of Expenditure vide their U.0. No.253/E.V/2012, dated 26.4.2012.

8. Hindi version will follow.

sd/-
(K.K.Mittal)
Director

Source: http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/FP_25052012.pdf

Revision of PPOs of pre-2006 family pensioners – meeting chaired by Secretary (Pension) on 3/11/11

No.1/ 20/2011-P&PW(E)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Pension & Pensioners’ Welfare

Lok Nayak Bhavan, Khan Market,
New Delhi, the 16th December, 2011.

Office Memorandum

Sub: Revision of PPOs of pre-2006 family pensioners – meeting chaired by Secretary (Pension) on 3/11/11 — a model advertisement – regarding.

The undersigned is directed to refer to this Department’s O.M. of even number, dated 15th November and 22nd November, 2011 circulating the minutes of the meeting concerning revision of Pension Payment Orders (PPOs) in respect of pre-2006 Pensioners, which was chaired by Secretary (Pension) on 3/11/11. It was decided, vide para 9 of the minutes, that the Department of Pension and PW would bring out a model advertisement spelling out the utility of the revision of PPO to the individual pensioner/family pensioner, which may be used by administrative Ministries/ Departments for eliciting responses from the pensioners/family pensioners belonging to them. It was also agreed that the advertisement shall also be posted on the web-site of respective Ministry / Department.

2. In pursuance of the minutes as indicated above, a copy each of Hindi and English versions of the model advertisement is enclosed. It is requested that the administrative Ministries / Departments may consider publishing the advertisement in the leading newspapers in English and Indian languages so that maximum number of pensioners/family pensioners come to know about the benefits of getting their PPOs revised. It may also be ensured that the text of the advertisement is posted on the web-site of the Ministry / Department concerned.

sd/-
(K.K.Mittal)
Director

Source: www.http://www.pensionersportal.gov.in/
[http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/1202011_PPWE_161211.pdf]

Grant of family pension to next eligible member in the family in the case of missing family pensioners

F.No.1/17/2010-P&PW(E)
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
Desk (E)

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi — 03,
Dated the 2nd January, 2012

Office Memorandum

Sub: Grant of family pension to next eligible member in the family in the case of missing family pensioners.

The undersigned is directed to state that as per extant instructions of the Government, conditional provisions have been made in the case of a missing employee/pensioner, as a measure of social security, to cut short the period of 7 years, as given in Sections 107 and 108 of Indian Evidence Act, 1872, after which the presumption of a missing person being no longer alive may be raised, and enable the family pensioner to receive family pension after a period of six months from the date of filing FIR. However, there is no such provision in the case of a missing family pensioner that the next eligible member of the family of the employee/pensioner may be granted family pension.

2. The Department of Pension and Pensioners’ Welfare has been receiving requests to issue a clarification whether family pension to eligible child / children of a family pensioner who has been declared missing can he granted.

3. The matter has been considered in this Department in consultation with the Department of Expenditure, Ministry of Finance. It has been decided to make similar provisions to mitigate the hardships of the family caused by the deprivation of its rightful family pension as a consequence of disappearance of the family pensioner. The administrative Departments/ Ministries may grant family pension to the next eligible member in the family subject to fulfilment of conditions as prescribed from time to time for dealing with the cases of missing employees/pensioners.

4. The Indemnity Bond prescribed for missing pensioners has been suitably modified to include the name and relationship of the next eligible family member as well as the deceased employee/pensioner and the missing family pensioner(s).

5. These provisions would also be applicable in case a person. who is eligible for family pension, goes missing before the family pension is actually sanctioned to him/her. In such cases, family pension will be sanctioned to the next eligible person.

6. This issues with the concurrence of Department of Expenditure vide their ID No.380/E.V/2011, dated 22.11.2011.

sd/-
(K.K.Mittal)
Director

Indemnity Bond

Source: www.pensionersportal.gov.in/
[http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/familypension_020112.pdf]