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Tuesday, 6 October 2015

PCDA ISSUES CLARIFICATION CIRCULAR 549

Circular No.549                                                                                     Dated:   30.09.2015


Subject: - Revision of pension in r/o pre-2006 JCOs/ORs pensioners/Family pensioners  Reference: -This office Circular No. 547 dated 11.09.2015 
                                                              
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 PDAs are aware that as per this office Circular No. 547 dt. 11.09.2015, Service/Family pension in respect of JCOs/OR will be revised w.e.f 01.01.2006 by PDAs as per tables attached with above cited circular. It has come to the notice that various PDAs are feeling difficulties while revising the pension.       Clarifications on some of the major problems are as under---- 

(1)  The Service Pension/Family pension has been revised w.e.f 1.1.2006 in r/o Pre-06 pensioners vide this office Circular No. 547 dated 11th September 2015. The rates of Service/Family pension, if beneficial, shall be payable w.e.f 1.1.2006 to 30.06.2009 and thereafter, pension shall be revised according to this office Circular No. 430 dated 10.03.2010 except in cases of Hony. Lt and Hony. Capt.where it has been payable up to 23.09.2012 and thereafter pension shall be revised according to this office Circular No 501 datted 17.01.2013. 

It is hereby clarified that Service/Family pension of Pre-06 JCOs/OR which has been revised under Sixth CPC,as per provisions contained in Para 4.1 of Ministry’s letter No 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended therein, shall in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay in pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired /discharged/ invalided out/ died including Military Service Pay and ‘X’ Group Pay, where applicable.

 Now, after issue of Circular under reference,” minimum of the fitment table for the rank in the revised Pay Band” has been taken into account instead of “minimum of the pay in pay band”. Exactly same treatment which was given to the Defence Civilians and Commissioned Officers vide this office Circular No. C-144 dated 14.08.2015 and 548 dated 11.09.2015 respectively. Accordingly, Annexure III attached with GOI, MOD letter dated 11.11.2008,as amended from time to time may be replaced with tables attached with GOI,MOD letter dated 3rd September,2015 and shall be payable from 1.1.2006. 

 Service Pension of JCOs/OR has been revised w.e.f 1.07.2009, on the basis of recommendations of CSC-2009, @ 50% of the notional pay in the post 1.1.2006 revised pay structure corresponding to the maximum of pay scales applicable from 10.10.1997 for the rank and group continuously held for last 10 months preceding invalid invalidment/discharge. The amount so determined shall be the pension for 33 years of reckonable qualifying service including rank weightage. 

This provision has been circulated vide this office Circular No.430 dt. 10.03.2010 showing the revised pension rates w.e.f 1.7.2009. Further, Service Pension/Family Pension of JCOs/OR has again been revised w.e.f 24.09.2012, on the basis of recommendation of CSC-2012, @ 50% of notional maximum for the ranks and group across the three services. The, weightage has been enhanced by two years for Sepoy, Naik and Havildar rank. Pension of all pre-1.1.2006 PBOR pensioners of Army, Navy and Air Force (including DSC and TA) shall be reckoned at 50% 50% of the notional maximum for the rank and group across the three services. The above CSC-2012 provisions have been circulated vide this office Circular No.501 dt. 17.01.2013 showing revised pension rates payable w.e.f 24.09.2012. 
    
(2). The Service/Family Pension rates for the rank of Hony. rank such  as Hony. Naik, TS Naik, Hony Havidar and Hony Nb Sub have not been shown in this office Circular No. 547 dated 11.09.2015. In this context, it is hereby clarified that as per this office circular No 403 dated 02.02.2009,pension of TS Naik/Hony NK and Hony Havildar is Rs 1/- less than pension admissible for NKs and Havildars for the same length of qualifying service and group of pay in which he was last paid respectively.

 It is therefore, clarified that the rate of pension shown in Annexure attached with GOI,MOD letter dated 3rd September 2015 (modified parity of pension) may be reduced by Rs 1/- while comparing revised pension for TS Naik, Hony. Naik and Hony. Havildar. However, in case of Havildar granted Hony Nb-Sub drawing pay in the scale of Havildar’s rank i.e. rank held at the time of retirement, therefore, they are entitled for modified parity with reference to Havildar’s rank i.e. the rank held by the individual at the time ofretirement/discharged/invalidment.

(3)  A pensioner who had retired with any rank and granted ACP-I will be eligible for revision of pension of next higher rank, and if ACP-II has been granted, he will be eligible for revision of pension of next higher rank of ACP-I w.e.f. 01.01.2006 .     

   (4)  Instructions have already been issued to PDAs vide this office circular No 547 dated 11.09.2015 to revise the pension as per tables appended to Ministry of Defence letter dated 03.09.2015. Therefore, if the pension rates shown in “sangam PPOs” w.e.f. 01.01.2006 issued by this office are lower than this rate, the same may be stepped up to that level. 

  (5) Further, if the consolidated pension/family pension calculated as per Para 4.1 of Ministry’s letter No. 17(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 is higher than the pension/family pension shown in tables appended to Ministry of Defence letter dated 03.09.2015, the same(higher consolidated pension/family pension) will continued be treated as basic pension/family pension.  

 (6)  However, where revised pension in terms of Govt of India, Ministry of Defence letter No. PC 10(1)/2009-D (Pen/Pol) dated 08.03.2010 circulated vide this office Circular No.430 dated 10.03.2010 and GOI, MOD letter No. 12/D((Pen/Policy) dated 17.01.2013 circulated vide this office Circular No. 501 dated 17.01.2013 is higher than the rates indicated in annexure attached with circular under reference , the same will continued be treated as basic pension/family pension from 01.07.2009 and 24.09.2012 respectively.     
 (7) This circular has been uploaded on this office website  www.pcdapension.nic.in 
for disseminating across the all concerned.No. Gts/Tech/0167/XXI      Dated:30.09.2015

  Deputy Controller (Pension)                                                                                                                       (G.K.Baranwal)                                                                                  

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