Compilation of information about appointments made on the basis of fake / false caste certificates
REMINDER
No.36027/1/2017-Estt. (Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-I) Section
*****
North Block, New Delhi
Dated August 3, 2017
OFFICE MEMORANDUM
Subject : Compilation of information about appointments made on the basis of fake / false caste certificates and follow up action taken thereon – regarding
The undersigned is directed to refer to this Department’s Office Memorandum (OM) of even number dated 01.06.2017 on the subject cited above whereby the Ministries / Departments were requested to collect information from all Organisations under their administrative control about the cases where the candidates got/ alleged to have got appointment against vacancies reserved for Scheduled Cates, Scheduled Tribes and Other Backward Classes on the basis of false/ fake caste certificate and send a consolidated report in the enclosed proforma by 15.07.2017.
2. The requisite Information has been received from only some Ministries/ Departments, whose names are given in the Annexure. Information is awaited from others. It is also observed that some Ministries/ Departments have sent multiple or part information.
3. In view of the above, it is requested that the requisite consolidated information may please be provided by 18.08.2017.
Encls: As above
(Raju Saraswat)
Under Secretary to the Government of India
7th Pay Commission Pay revision for Kendriya Vidyalaya Employees
KENDRIYA VIDYALAYA SANGATHAN
F.11015-3/2017-KVS (Admn-I)/ Vol
The Deputy Commissioner
Kendriya Vidyalaya Sangathan
All Regional Offices
Date: 03.08.2017
Sub :- Pay revision of employees of Kendriya Vidyalaya Sangathan in terms of Central Civil Services (Revised Pay), Rules, 2016-Reg.
Sir/Madam,
I am directed to convey the approval of the competent authority for the adoption of the revised Pay Scales as per the 7th Central Pay Commission (CPC) to the employees of Kendriya Vidyalaya Sarigathan (both teaching and non teaching) as per the Pay Matrix as contained in Part-A of the schedule of Central Civil Services (Revised Pay) Rules, 2016 as well as the principle of pay fixation as contained in the said rules as notified by Ministry of Finance, Government of India vide their notification dated 25.07.2016 in respect of Central Government employees. The post wise details of the revised pay scales are given in Annexure-I. The following conditions are to be taken care of while implementing the 7th CPC in KVS :-
a) The revised pay structure shall be admissible to those employees who opt for the same in accordance with the extent Rules.
b) Deductions on account of Provident Fund, Contributory Provident Fund or National Pension Scheme, as may be applicable, will have to be made on the basis of the revised pay w.e.f. the date an employee opts to elect the revised pay structure.
c) Until further orders the existing allowances in KVS shall continue to be admissible as per the existing terms and conditions irrespective of the revised pay scales adopted.
d) There will be no payment of arrears to the employees which will accrue to them on account of the revision of pay as the same has been put on hold by Ministry till additional budget allocation on this account is made available
2. A copy of Gazette Notification No.1-2/2016-IC dated 25.07.2016 issued by Ministry of Finance Department of Expenditure as Central Civil Services (Revised Pay) Rules 2016, Memorandum No. 1-5/2016-IC dated 29.07.2016 and OM No.1-5/2016-IC dated 01.08.2016 are forwarded for necessary information and guidance as (Annexure-II, III & IV) respectively.
3. Copy of Form of Option is attached as Annexure-V. The Option shall be obtained from the employees within 03 months from the date of issue of this letter, in duplicate. The statement of fixation of pay under Central Civil Services (Revised Pay) Rules, 2016 is attached as Annexure-VI. The same may be prepared with reference to the pre-revised scale and the corresponding revised Pay Matrix level as per 7thCPC, in duplicate. Each employee has to submit an undertaking. A copy of undertaking is attached as Annexure-VII.
4. The option for revised pay scales may be obtained in prescribed proforma in duplicate. A copy of the same may be pasted in the service book of the employee concerned while the other copy along with a statement of fixation of pay as per Annexure-VI ibid may be sent to the Finance Officer of the Region in case of Kendriya Vidyalayas and Regional Offices for verification and approval. The Finance Officer shall retain the copy of the option exercised by the employee along with one copy of the statement of fixation of pay for record in his office, while the second copy of the statement will be returned to the Vidyalaya concerned after approval. On receipt of the statement of fixation of pay duly verified and approved from the Finance Officer, the Principal/ Deputy Commissioner will paste the same in the service book of the employee concerned.
5. Options in respect of Deputy Commissioners / Assistant Commissioners and Administrative Officers of Regional Offices, whose service books are maintained in the Headquarters will be sent to Assistant Commissioner (Establishment-f) KVS Hqrs along with the statement of fixation of pay.
6. The pay can be drawn as per revised scale for all the teaching”and non teaching staff of KVS on the basis of pay fixation statement without awaiting approval of the Finance Officer of Regional Office concerned /KVS (Hqrs) in view of specific undertaking in Annexure-VII ibid. Similar action can also be taken in case of staff of Regional Offices.
7. Copy of this circular may be sent to all Kendriya Vidyalayas functioning under your administrative jurisdiction for implementation immediately under intimation to KVS (Hqrs).
The nomenclature of posts mentioned at Sr. No. 19, 20, 23 & 27 is that of Assistant Section Officer, Senior Secretariat Assistant and Junior Secretariat Assistant as already notified vide KVS circular dated 26.12.2016. However, while issuing orders of pay fixation, the’ nomenclatures such as Assistant, UDC, LDC only may be used as the matter of change of nomenclature of these posts is under examination.
This issues with the approval of competent authority.
7th CPC Regulation and payment of Disability Pension / Family pension
No.1/4/2016-P&PW (F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003.
Dated : 2nd Aug 2017
OFFICE MEMORANDUM
Subject : Special benefits in cases of death and disability in service — regulation and payment of Disability Pension/Family pension under Central Civil Service (Extraordinary Pension) Rules in implementation of recommendations of the 7th Central Pay Commission – regarding.
The undersigned is directed to say that orders have been issued for regulation of Pension/family pension for Government servants in implementation of recommendations of the 7th Central Pay Commission vide OM No.38/37/2016-P&PW(A)(i) dated 4.8.2016. There is no change in the formula for calculating disability pension and extraordinary family pension (EOP family pension) under CCS(EOP)Rules.
2.The extraordinary family pension/disability pension would continue to be calculated in accordance with schedule II of Central Civil Service (Extraordinary) Pension Rules. However, minimum Extraordinary family pension/disability pension with effect from 01.01.2016 falling under various categories would be as follows:-
I.Extraordinary Family Pension.
(i) For category B and C , where the deceased Government servant was not holding a pensionable post — Rs.11,700/- per month.
(ii) For category B and C , where the deceased Government servant was holding a pensionable post — Rs.18,000/- per month.
(iii) For category D and E — Rs.18,000/- per month.
II. Disability Pension
For all categories (ie. category B,C,D and E) Rs.18,000 per month.
3. All other terms and conditions and procedure stipulated in Schedule II of Rule 9 and 10 of CCS(EOP) Rules, notified vide Notification No. S.0 410(E) dated 15.11.2011 will be the same.
4. This issues with the concurrence of the Ministry of Finance, Department of Expenditure ID No.30-1/33(iii)/2016-IC(Pt) dated 17/7/2017.
5. In so far as persons belonging to the Indian Audit & Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India.
7th Pay Commission Enhancement of Constant Attendant Allowance
No.1/4/2017–P&PW (F)
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare
*******
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110 003
Dated the 2nd August, 2017.
OFFICE MEMORANDUM
Subject : Implementation of Government’s decision on the recommendation of the VIIth Pay Commission on CCS (Extraordinary Pension) Rules, 1939 — Enhancement of Constant Attendant Allowance.
The undersigned is directed to say that at present Constant Attendant Allowance (CAA) is Granted to pensioners who retired on disability pension under the CCS(Extraordinary Pension) Rules 1939, with 100% disability (where the individual is completely dependent on somebody else for day-to-day function). The Constant Attendant Allowance is paid in addition to the disability pension. The present rate of Constant Attendant Allowance admissible is Rs.4500/- per month
2.Consequent upon the decision taken by the Government on the recommendations of the 7th Central Pay Commission on Allowances, Government has accepted the recommendation of 7th Central Pay Commission to increase the Constant Attendant Allowance by a factor 1.5, ie. to Rs.6750/- per month. Accordingly, sanction of the President is hereby conveyed for enhancement of the amount of Constant Attendant Allowance from the existing Rs.4500/- to Rs.6750/- per month.
3. These orders will take effect from 01.07.2017.
4. In so far as persons belonging to Indian Audit and Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India.
5. These orders are issued with the concurrence of the Ministry of Finance (Department of Expenditure) vide, their OM No.11-1/2016-IC dated 11.07.2017.
Dearness Allowance for Workmen and Officer Employees in banks for the months of August, September & October 2017 under X BPS/ Joint Note dated 25.5.2015
Indian Bank’s Association
HR & Industrial Relations
No.CIR/HR&IR/76/D/2017-18/3312
August 1, 2017
All Members of the Association
(Designated Officers)
Dear Sirs,
Dearness Allowance for Workmen and Officer Employees in banks for the months of August, September & October 2017 under X BPS/ Joint Note dated 25.5.2015
The confirmed All India Average Consumer Price Index Numbers for Industrial Workers (Base 1960-100) for the quarter ended June 2017 are as follows:-
April 2017 – 6322.77
May 2017 – 6345.60
June 2017 – 6391.25
The average CPI of the above is 6353.21 and accordingly the number of DA slabs is 478 (6353.21-4440 = 1913.21/4= 478 slabs). The last quarterly payment of DA was at 456 slabs. Hence, there is a increase in DA slabs of 22, i.e. 478 slabs for payment of DA for the quarter August, September & October 2017.
In terms of clause 7 of the 10th Bipartite Settlement dated 25.05.2015 and clause 3 of the Joint Note dated 25.05.2015, the rate of Dearness Allowance payable to workmen and officer employees for the months of August, September & October 2017 shall be 47.80 % of ‘pay’. While arriving at dearness allowance payable, decimals from third place may please be ignored.
No.19051/1/2017-E.1V
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 2nd August 2017
OFFICE MEMORANDUM
Subject: – Implementation of the recommendations of the Seventh Central Pay Commission. – Dress Allowance.
Consequent upon the decisions taken by the Government on the recommendations of the Seventh Central Pay Commission, in supersession of the existing orders relating to Uniform related Allowances viz. Clothing Allowance, Initial Equipment Allowance, Kit Maintenance Allowance, Robe Allowance, Robe Maintenance Allowance, Shoe Allowance, Uniform Allowance and Washing Allowance which have been subsumed in a single Dress Allowance, the President is pleased to decide the rates of Dress Allowance in rlo the following categories of Central Government employees as under:
S.No
Category of employee
Rate per annum
(In Rs.)
1
Special Protection Group (SPG) Operational
Special Protection Group (SPG) Non-operational
27,800/-
21,225/-
2
Officers of Army /IAFI Navy/ CAPFs1CPOs RPFIRPSFII PS/Coast Guard.
20,000/-
3
MNS officers, Officers of DANIPSIACP of Delhi Police/ other Union
Territories.
15,000/-
4
Executive staff of Customs, Central Excise and Narcotics Department (both in summer and summer-cum-winter), Indian Corporate Law Service (ICLS) Officers , Legal officers in NIA, Bureau of Immigration Personal (in Mumbai, Chennai, Delhi, Amritsar, Kolkatta and all check points of Bureau of Immigration) PBORs of Defence Services 1 CAPFs/RPFIPolice Forces of Union Territories and Indian Coast Guard, Station Masters of Indian Railways.
10,000/-
5
Other categories of staff who were supplied Uniforms and are required to wear them regularly like Trackmen, Running staff of Indian Railways, Staff Car Drivers, MTS, Canteen staff of Non-Statutory Departmental Canteens, etc.
5000/-
6
Nurses
1800/- per month
2. Allowances related to maintenance, washing of Uniform are subsumed in Dress Allowance and will not be payable separately.
3. Further categories of staff who were earlier being provided Uniforms, will henceforth not be provided with Uniforms.
4. The amount of Dress Allowance shall be credited to the salary of employees directly once a year in the month of July.
5. This allowance covers only the basic uniform of the employees. Any special clothing like that provided at Siachen Glacier or inside submarine or fluorescent clothing provided to Trackmen or Indian Railways or to IB personnel posted at high altitudes will continue to be provided by the concerned Ministry as per existing norms.
6. Outfit Allowance, paid to Indian Foreign Service officers and employees will continue to be provided as before, is enhanced by 50%.
7, The rates of Dress Allowance will go up by 25% each time Dearness Allowance rises by 50%.
8. These orders shall take effect from 01st July, 2017.
9. Separate orders will be issued by Ministry of Defence, Ministry of Home Affairs, Ministry of Railways, Ministry of Health & Family Welfare, Ministry of Corporate Affairs, Ministry of External Affairs, Department of Revenue, Department of Personnel & Training and Cabinet Secretariat in respect of employees of these Ministries/ Departments.
10. In so far as the persons serving in the Indian Audit & Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.
Hindi version is attached,
(Annie George Mathew)
Joint Secretary to the Government of India
Transport Allowance to CG Employees for pay of Rs.24200/- & above in Pay Level 1 & 2
Implementation of the recommendations of the 7th Central Pay Commission relating to grant of Transport Allowance to Central Government employees
No.21/5/2017-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, 2nd August, 2017.
OFFICE MEMORANDUM
Subject:- Implementation of the recommendations of the 7th Central Pay Commission relating to grant of Transport Allowance to Central Government employees.
2. All other contents of the above cited O.M. dated 07.07.2017 shall remain unchanged.
3. These orders shall be effective from 1st July, 2017.
4. These orders will apply to all civilian employees of the Central Government. The orders will also apply to the civilian employees paid from the Defence Service Estimates. In respect of the Armed Forces Personnel and Railway employees, separate orders will be issued by the Ministry of Defence and Ministry of Railways. respectively.
5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.
Hindi version is attached.
(Annie George Mathew)
Joint Secretary to the Government of India
7th CPC Bunching of stages in the revised pay structure under CCS Rules, 2016
No.1-6/2016-IC
Government of lndia
Ministry of Finance
Department of Expenditure
Implementation Cell, 7th CPC
****
North Block, New Delhi,
3rd August, 2017
OFFICE MEMORANDUM
Subject: Recommendations of the 7th Central Pay Commission (CPC) – bunching of stages in the revised pay structure under Central Civil Services (Revised Pay) Rules, 2016.
With reference to the subject mentioned above and in continuation of this Department’s OM of even number dated 07.09.2016 and 13.06.2017, detailed instructions are hereby being issued on the application of the benefit on account of bunching of stages while fixing the pay in the revised pay structure as a response to a large number of references received from Ministries/Departments.
2. The provisions giving effect to the recommendations of the 7th CPC on extending the benefit on account of bunching were notified vide DoE O.M. dated 07.09.2016. Benefits on account of bunching have been extended during the initial fixation of pay in the revised pay structure while implementing the recommendations of earlier CPCs also. Bunching occurs in the fixation of pay when the pay at two or more consecutive stages in a Pay Scale/ Grade Pay in the pre revised scale get fixed at the same stage in the corresponding Pay Scale/ Level in the revised pay structure.
3. The modalities of determining the extent of bunching and the nature of benefits to be extended on account thereof, based on the recommendations of the CPCs, have differed across different Pay Commission periods. While the 5th CPC recommended that benefits be extended when more than four stages get bunched, the 6th CPC recommended that benefits be extended when two or more stages get bunched. The fitment tables drawn by the 6th CPC and notified by the Government subsequently provided for the benefit of bunching only when more than two stages were bunched. As regards the benefits to be extended on account of bunching, the 5th CPC recommended benefit of one increment for every four consecutive stages bunched, the 6th CPC recommended benefit of one increment for every two consecutive pay stages bunched. For HAG scales, however, benefit of one increment was given at each of the pay stages in the 6th CPC pay structure.
4. In terms of the DoE O.M. dated 07.09.2016 based on the 7th CPC recommendations, bunching occurs when two or more stages get bunched and benefit of one increment is to be given for every two stages bunched. These provisions are to be applied while revising the pay from the 6th CPC regime to the 7th CPC regime. In the 6thCPC pay structure, about 35 pay scales existing in the 5th CPC pay structure were replaced by a system of running pay bands recommended by the 6th CPC. The 6th CPC pay structure consisted of 19 grades spread across four distinct pay bands and 4 distinct scales including two fixed scales. The 6th pay structure being replaced by the 7th CPC recommended Pay Matrix, thus, consists of 4 Pay Bands with 15 levels of Grade Pay, along with 4 standalone scales, viz., HAG scale, HAG+ scale, Apex scale (fixed) and the scale of Cabinet Secretary (fixed).
5. While in the 5th CPC structure, the stages in every pay scale were well defined, the stages were not well defined in the 6th CPC structure. The pay was to be fixed in the running Pay Band by rounding off to the next higher multiple of 10. Every multiple of 10 was a pay stage in the 6th CPC regime. However, all consecutive 10 rupee stages for any Grade Pay cannot be taken as consecutive stages for the purpose of bunching in reference to the 7th CPC recommendations as is also clear from the illustration contained in para 5.1.37 of the 7th CPC Report. Based on the illustration contained in para 5.1.37 of the 7th CPC Report, Department of Expenditure’s O.M. dated 07.09.2016 provided that a difference of at least 3%, the rate of annual increment, in the 6th CPC pay structure was essential for counting of two stages. The 6th CPC had replaced the system of equidistant pay stages in a pay scale based on equal annual increments in the 5th CPC regime by a system of annual increment of 3% on the sum of pay in the running pay band and the Grade Pay which was to be added to the running pay as increment. Therefore, the pay stages in any given Grade Pay were specific to an employee and depended upon the initial fixation of pay in that Grade Pay. As a result, the amount of increment earned in the same Grade Pay would differ in the same Pay Scale/ Grade Pay not only between different employees but also across years for the same employee. To illustrate, an employee whose pay was fixed at Rs 46,100 in GP of 8700 in PB-4 would have the first annual increment of Rs 1390 which would be added to his running pay in the Pay Band, another employee whose pay initially was fixed at Rs 46,400 in the same Grade Pay would have the first annual increment of Rs 1400. In such a scenario where the pay stages are specific to the employee, it is not possible to arrive at universal pay stages for the purpose of determining the extent of bunching. Therefore, for the purpose of determining the extent of bunching in a system of running pay bands, the consecutive pay stages that need to be considered are the pay stages which are specific to the employee.
6.In the 5th CPC structure, the maximum and the minimum of every pay scale were well defined. In the 6th CPC structure, Entry Pay was separately notified for most Grade Pay levels to govern the entry pay of direct recruits in that level. The pay of those moving from a lower grade to a higher one on promotion was regulated in terms of provisions contained in Rule 13 of CCS (RP) Rules, 2008. As such, the Entry Pay notified for a given Pay Scale/ Grade Pay is the effective minimum of that Grade Pay for direct recruits. For an employee getting promoted, the sum of the minimum of the relevant Pay Band and the Grade Pay is the effective minimum pay. The 7th CPC, in its Report, has commented that this led to many situations where direct recruits drew higher pay as compared to personnel who reached that stage through promotion. Demands were received by the 7th CPC from many staff associations and employees for removal of this disparity which the 7th CPC refers to as differential entry pay.
7. In the revised dispensation for pay fixation in the New Pay Structure as recommended by the 7th CPC, direct recruits shall start at the minimum pay corresponding to the level to which recruitment is made, which will be the first cell of each level. For those promoted from the previous level, the fixation of pay in the new level will depend on the pay they were already drawing in the previous level. The pay, however, cannot be less than the first stage of the relevant level. While enumerating the benefits of migrating to the new system at para 5.1.47 of the 7th CPC Report, it has been stated that `the issue of differential entry pay has been resolved’. At para 5.1.36 of the 7th CPC Report it has also been mentioned that rationalization has been done with utmost care to ensure minimum bunching at most levels. Rationalization has been done by the 7th CPC through the Index of Rationalisation (IoR) which has been multiplied with the Entry Pay in the 6th CPC regime to arrive at the first cell of each level. With the Entry Pay along with IOR being used as the determiner of the first cell, pay stages below the Entry Pay have been consciously brought up to the level of Entry Pay and its corresponding pay stage in the revised pay structure. As a result, all pay stages below the Entry Pay in any Level will. on re-fixation, converge to the first pay stage in that level. As this convergence takes place on account of a conscious decision of the 7th CPC intrinsic to the architecture of the Pay Matrix by indicating the Entry Pay as the starting point of each Level, benefit on account of bunching cannot be extended with reference to pay stages lower than the Entry Pay indicated by the 7th CPC for that level in the Pay Matrix. Extending the benefit of bunching with reference to pay stages below the entry pay will perpetuate the difference in pay on account of differential Entry Pay which was addressed by the 7th CPC.
8. Based on the above, it is clarified that the following shall be kept in view while determining the extent of bunching as also the benefits to be extended on account of bunching at the time of initial fixation of pay in the 7th CPC pay structure:
(i) Benefit on account of bunching is to be extended when two or more stages get bunched.
(ii) Benefit of one increment is to be extended on account of bunching of every two consecutive stages.
(iii) As stipulated in MoF OM dated 07.09.2016, a difference of 3% to be reckoned for determination of consecutive pay stages, specific to each employee.
(iv) All pay stages lower than the Entry Pay in the 6th CPC pay structure as indicated in the Pay Matrix contained in the 7th CPC Report are not to be taken into account for determining the extent of bunching.
9. All Ministries/ Departments are advised to review all cases wherein benefit on account of bunching has been extended in terms of this Department’s OM dated 07.09.2016 and to re-fix the pay in terms of the instructions contained herein.
Simplification of pension procedure – Handing over of PPO to the retiring employee
No. 1/27/2011-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,
the 1st August, 2017
Office Memorandum
Sub: Simplification of pension procedure
(i) Handing over of PPO to the retiring employee by the Head of Office before retirement and
(ii) Submission of undertaking by retiring Government servant along with pension papers – reg.
The undersigned is directed to invite attention to this department’s Office Memorandum of even number, dated 7th May, 2014 (copy available at departmental website), vide which provision had been made that the undertaking to be submitted by the retiring Government servant/pensioner to the pension disbursing bank to refund or make good any amount to which he is not entitled may be obtained by the Head of Office from the retiring Government servant along with Form 5 and other documents before his retirement. This undertaking is forwarded to the pension disbursing bank along with the Pension Payment Order (PPO) by the Accounts Officer/CPAO following the usual procedure. The bank shall credit the pension to the account of the pensioner as soon as this Undertaking is received along with the pension documents.
2. The pensioner is no longer required to visit the bank to activate the first payment of pension. Therefore, after ascertaining that the Bank’s copy has been despatched by the Central Pension Accounting Office, the pensioner’s copy of the PPO is to be handed over to him at the time of retirement along with other retirement dues. This should be feasible in all cases where the Government servant had submitted pension papers within the time-limits prescribed in the Central Civil Services (Pension) Rules, 1972.
3. An employee posted at a location away from the office of the Head of Office or who for any other reasons feels that it would be more convenient to him to obtain his copy of PPO from the bank, may inform the Head of Office of his option in writing while submitting his pension papers.
4. However, in the recent past, many instances have come to the notice of this Department wherein the pensioner’s copy of the PPO had not been handed over to him/her and instead had been sent to the Bank and the same was lost in transit sometimes thereby causing hardship to the pensioner.
5. In view of the foregoing, all Ministries/Departments are once again requested to strictly follow the above procedure henceforth viz., handing over the copy of pensioner PPO to him/her at the time of retirement along with other retirement dues except if the pensioner specifically requests for delivering his/her copy of PPO through bank. Department of Posts and Department of Telecommunications are requested to make suitable amendments to the instructions to the Accounts Officers and pension disbursing Post Offices/Banks to adhere to the above procedure.
(D.K. Solanki)
Under Secretary to the Government of India
Eligibility of divorced daughters for grant of family pension – clarification regarding
No. 1/13/09 – P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
19th July, 2017.
OFFICE MEMORANDUM
Sub: Eligibility of divorced daughters for grant of family pension – clarification regarding.
Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972.
2. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e., the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried / widowed / divorced daughters above the age of 25 years.
3. It was clarified, vide this department Office Memorandum of even number, dated 11th September, 2013, that the family pension is payable to the children as they are considered to be dependent on the Government servant / pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn provided he/she is still eligible for family pension when the turn comes.
4. It was clarified that a daughter if eligible, as explained in the preceding paragraph, may be granted family pension provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and still on the date her turn to receive family pension comes. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.
5. This department has been receiving grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of a Government employee/pensioner had been instituted in the competent court during the life time of one or both of them but none of them was alive by the time the decree of divorce was granted by the competent authority.
6. The matter has been examined in this department in consultation with Department of Expenditure and it has been decided to grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death – provided the claimant fulfils all other conditions for grant of family pension under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce.
7. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID No. 1(11)/EV/2017, dated 7th July, 2017.
(D.K. Solanki)
Under Secretary to the Government of India
Tel. No. 24644632
