Time limit for filing Appeal for grant of Ordinary Family Pension
No.1(3)/2008/D(Pen/Pol)
Ministry of Defence
Department of Ex-Servicemen welfare
New Delhi
Dated: 17th May 2016
To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
Subject: Prescription of time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.
It has been observed that Service Hqrs are processing the appeal case files-(First Appeal/ 2nd Appeal) for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/War injury pension/ element etc after elapse of considerable time from the date of rejection of claim/ date of discharge or invalidment of the personnel from Service.
2. The matter has been under consideration of this Ministry for quite some time and President of India is pleased to decide that, a time limit of five years is prescribed for filing an appeal for consideration of the case for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension, disability/war injury pension/ element etc from the date of discharge/ invalidment from service or from the date of rejection of claim. The time limit of five years prescribed in this order is applicable in the case of belated appeal only and the period of six months prescribed in the Pension Regulation and Entitlement Rules etc for filling appeals in respect of disability/ war injury element, special Family Pension etc would continue to be governed under the existing provisions.
3. The time limit of five years prescribed now will not be applicable in the case of delayed manifestation of disease and all such cases would continue to be governed under the existing previsions provided under regulation 86 of Pension Regulation for Army Part. I [2008].
4. Para 1(a)(vi) of Ministry of Defence Order No.4684/DIR(PEN)/2001 dated 14th August 2001 and Para 2(c) of Ministry of Defence letter No. 4684/Dir(Pen)/2001 dated 7th November 2001 maybe modified as “Time bar sanction for filing appeals for all type of Family Pension and disability/War injury pension/ element etc in respect of officers and PBORS beyond twelve months to five years”.
5. A period of one year from the date of issue of this order is granted for submission of the appeal in respect of past cases. This one time relaxation may be allowed judiciously in deserving cases.
6. This issue with the concurrence of Finance Division of this Ministry Vide their ID No PC-2 to 26(7)/2013/Fin/Pen dated 13/14 April 2016. Hindi version will follow.
Yours faithfully,
(R K Arora)
Under Secretary to the Government of India
Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO/ORs Pensioners/Family pensioners
No 16(01)/2014/D(Pen/Pol)
Govt. of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi Dated 18th May 2016
To
The Chief of Army Staff
The Chief of Naval Staff
The Chief of Air Staff
Subject: Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO/ORs Pensioners/Family pensioners
Sir,
The undersigned is directed to refer to this Ministry’s letter No 17(4)/2008(1)/D(Pen/Policy)/Vol-V dated 15.02.2011 issued in implementation of Government decision on the recommendations of 6th CPC, under which minimum guaranteed rates of various casualty pensionary awards for pre-2006 Armed Forces Officers and JCOs/ORs on the basis of the minimum of the pay in the pay band plus Grade Pay, Military Service Pay & ‘X’ Group Pay where applicable have been provided. After issue of GOI, Ministry of Defence letters No.1(11)/2012/D(Pen/Pol) dated 17.1.2013, No.1(04)/2015(I)- D(Pen/Pol) dated 03.09.2015 and No.1(04)/2015(II)-D(Pen/Pol) dated 03.09.2015 the basis of the minimum guaranteed pension under Modified Parity has been changed as minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of the minimum of the pay band.
2. Further, in respect of disability pensioners, the minimum guaranteed rates of Disability Element /Liberalized Disability Element/War Injury Element were already revised w.e.f 24.09.2012 vide GOI, MoD letter No 16(01)/2014/D(Pen/Pol) dated 10.04.2015 at the rates of the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of minimum of the pay band. Similarly, the minimum guaranteed Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of JCOs/ORs) in respect of pre-2006 family pensioners of Commissioned Officers and JCO/OR were also revised with reference to minimum of the fitment table for the rank in the revised pay band w.e.f 24.09.2012 vide GOI, MoD letter No 1(16)/2012/D(Pen/Policy) dated 17.01.2013.
3. Now, President is pleased to decide that the rates of Casualty Pensionary Awards of all Pre-2006 Disability pensioners/Family Pensioners shall be revised with effect from 01.01.2006 on the basis of the minimum of fitment table for the Rank in the revised Pay Band as indicated under fitment tables annexed with SAI 1/5/2008, SAI 2/5/2008 & SAI 4/5/2008 as amended and equivalent instructions for Navy and Air Force.
4. Pension Disbursing Agencies (PDAs) are hereby authorized to take following action.
a) To step up the minimum guaranteed rates of Disability Element, Liberalized Disability Element, War Injury Element,Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards ( in case of JC0s/ORs) in respect of pre-2006 Disability/Family pensioners of Commissioned Officers and ICO/ORs, in the affected cases, in respect of Pre-2006 pensioners with effect from 01.01.2006 instead of from 24.09.2012 and arrears, if any, on account of these Casualty Pensionary Awards shall be paid accordingly.
b) The minimum guaranteed rates of Disability Element, Liberalized Disability Element, War Injury Element on the basis of minimum of fitment tables for the various Ranks in the revised Pay Band shall be reckoned from Annexure 1 to 7 appended with this letter.
c) Further,the minimum guaranteed rates of Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of JCOs/ORs] in respect of pre-2006 Family pensioners of Commissioned Officers and JCO/ORs on the basis of the minimum of fitment table for the Rank in the revised Pay Band shall be reckoned from Annexure ‘A’, ‘B’,’C’ & ‘D’ appended with this letter.
d) Therefore; if any arrears, in respect of Casualty Pensionary Awards due to difference in rates as per this Ministry’s letter No 17(4)/2008(1)/D (Pen/Policy) /Vol-V dated 15.02.2011 and as envisaged in GOI, MoD letter No 16(01)/2014/ Wen/Poi) dated 10.04.2015 and rates indicated in Annexure 1 to 7, ‘A’, ‘B’,’C’ & ‘D’ attached with this letter shall be paid accordingly.
e) However, in respect of Casualty Family PenSionary Awards where revised pension in terms of GOT, MoD letter No 1(16)/2012/D(Pen/Pol) dated 17.01.2013 is higher than the rates indicated in annexure attached with this letter, the same shall be continued.
f) Similarly, the minimum guaranteed rates of Disability Element /Liberalized Disability Element/War Injury Element revised w.e.f 24.09.2012 vide GOI, MoD letter No 16(01)/2014/D(Pen/Pol) dated 10.04.2015, the same shall be continued where beneficial.
g) The Service element of Disability Pension and War Injury Pension will be revised as per MoD letter No 1(04)/2015(I)-D(Pen/Pol) dated 03.09.2015 and letter No 1(04)/2015(II)-D(Pen/Pol) dated 03.09.2015 read with MoD letter No 17(4)/2008(I)D(Pen/Pol) dated 11.11.2008 and other Govt. order on the subject modifying the provision of these orders issued from time to time.
h) Service element of War Injury Pension in invalidment case will be given for the maximum of terms of engagement for the rank of Armed Force Personnel from which he had invalided out.
5. However, the aggregate of Service Element (revised in terms of Para 2.1 of GOI, MoD letter No 16(6)/2008(1)/D(Pension/Policy) dated 04.05.2009 as amended from time to time) and War Injury Element shall not exceed the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendations of 6th CPC introduced from 01.01.2006 corresponding to the pre-revised Pay scale held by the Armed Forces Personnel at the time of retirement /discharge/Invalidment. This ceiling of aggregate of War Injury Pension (Service element plus War Injury element) with reference to minimum of fitment table in the revised pay structure, applicable from 01.01.2006, as stated above shall stand removed with effect from 01.07.2009 vide GOI, MoD letter No 10(01)/D(Pen/Pol)/2009/Vol.II dated 19.01.2010. Therefore, the arrears in respect of War Injury Pension shall be calculated in two phases viz. w.e.f 01.01.2006 to 30.06.2009 with the ceiling as stated above and w.e.f 01.07.2009 to 23.09.2012 with ceiling after removal of Cap. However, in no case the revised Liberalized disability pension ( i.e, aggregate of service element revised in term of Para-2.1 of this Ministry letter dated 04.05.2009 as amended from time to time plus disability element ) shall be less than 80% of minimum of the fitment table.
6. In cases where pensioner was alive on 01.01,2006 and died/dies subsequently before receiving payment, his Legal heir/heirs is/are entitled to the LTA with effect from 01.01.2006 till death of the pensioner or 23.09.2012 whichever is earlier. In such cases the payment will be made to Legal heir/heirs.
7. Any over payment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies (PDAs) against the arrears becoming due on revision of Casualty Pensionary Award on the basis of these orders.
8. This order will take effect from 01.01.2006 and arrears, if any, shall be payable from 01.01.2006 to 23.09.2012.
9. All other terms and conditions shall remain unchanged.
10. Pension Regulations of all the three Services will be amended in due course.
11. This issues with the concurrence of Finance Division of this Ministry vide their ID No PC-3 to No.10(12)12012/Fin/Pen dated 1.2.05.2016.
Sd-/
( R. K Arora)
Under Secretary to the Govt. of India
NJCA
National Joint Council of Action
4, State Entry Road New Delhi-110055
Ph: 011-23365912, 23343493, Fax: 23363167
No.NJCA/2016
Dated: May 17, 2016
All Constituent Organisations,
National Council(JCM)
Dear Comrades,
Sub: Meeting with the Cabinet Secretary
On 5th May, 2016 I met the Cabinet Secretary, Government of India, and once again draw his attention towards my letter No.NC/JCM/2016 dated: May 2, 2016, a copy of the said letter was also handed over to him.
During discussion I also mentioned about the anguish of the Central Government employees because of inordinate delay in implementation of VII CPC recommendations and also their anxiety about enhancement in Minimum Wage as well as Multiplying Factor etc.
I also demanded a meeting with the Staff Side, NC/JCM on all the issues raised by the Staff Side, NC/JCM and demanded that, views of the Official Side should also be made known to the Staff Side.
The Cabinet Secretary agreed to hold a meeting with some of the Secretaries, particularly with the Secretary(Exp.), Secretary, DoP&T and whosoever is required, particularly for discussion.
It has been assumed that, a Cabinet Note is being prepared and is likely to be submitted to the Cabinet, Government of India, very shortly. We are not very sure that, the demands raised by the Staff Side, NC/JCM have been incorporated in that Cabinet Note.
In these circumstances I believe that, we should call a meeting of the NJCA and discuss about the strategy and future course of action, particularly in regard to Strike Notice on 9th June, 2016 and “indefinite Strike” from 11 th July, 2016.
The meeting of the NJCA will be held on 3rd June, 2016 at 16:00 hrs. in JCM Office 13-C, Ferozshah Road, New Delhi.
Hope, all members of the NJCA will make it convenient to attend the meeting.
Grant of MACPS benefits in the promotional hierarchy
No. 22034/04/2013-Estt.(D)
Government of India
Ministry of Personnel Public Grievance & Pensions
Department of Personnel & Training
***
North Block, New Delhi
Dated: 17.05.2016
Office Memorandum
Subject :- References/Representations/Court Cases in various Ministries/Departments/ Organisations for grant of MACPS benefits in the promotional hierarchy -reg.
***
In continuation of Department of Personnel Training’s earlier O.M. of even no. dated 20.01.2016 and dated 01.03.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision dated 28.04.2016 of Hon’ble CAT, Calcutta Bench in OA No. 351/00195/2014 filed by Shri S.H.K. Murti & Others Vs. UOI &Ors whereby the demand of the applicant for MACP in promotional hierarchy has been dismissed, for necessary action and compliance. The Hon’ble Tribunal in the aforesaid decision dated 28.04.2016 has held that the MRCP benefit would be given in the hierarchy of next higher Grade Pay and not in Grade Pay of promotional hierarchy which will be payable on actual promotion.
2. All Ministries/Departments are requested to upload it on their websites for wider publicity.
Revision of time limit for drawal of advance for the purpose of LTC journey by train
F. No. 31011/8/2015-Estt (A.IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
North Block, New Delhi-110 001
Dated May 13, 2016
OFFICE MEMORANDUM
Subject:- Revision of time limit for drawal of advance for the purpose of LTC journey by train.
The undersigned is directed to refer to this Ministry’s O.M. No. 31011/5/98-Estt.(A) dated 30.03.1998 regarding relaxation of time-limit for drawal of LTC advance, wherein it has been stated that a Government employee can draw advance for LTC journey for himself and his family members sixty-five days before the proposed date of the outward journey.
2. Since, the Ministry of Railways has decided to increase the Advance Reservation Period (ARP) for booking accommodation in trains from 60 days to 120 days (excluding the date of journey) w.e.f. 1st April 2015, the time-limit for drawal of LTC advance by the Government servants may be increased from 65 days (i.e. 2 months & 5 days) to 125 days (i.e. 4 months and 5 days) in case of journey by train.
3. Cases where the LTC journey is proposed to be undertaken by other modes of transport viz. air/sea/road, the time-limit for drawing LTC advance shall remain 65 days only.
4. In all the cases, where an advance is drawn for the purpose of availing LTC, it will be mandatory for the Government servant to produce the outward journey tickets to the Competent Authority within ten days of drawal of advance in order to verify that he has actually utilised the amount to purchase the tickets.
(Surya Narayan Jhb)
Under Secretary to the Government of India
Empowered Committee for Running Allowance in the 7th CPC Pay Structure – NFIR
NFIR Letter to Railway Board
NFIR
National Federation of Indian Railwaymen
No.IV/RSAC/Conf./Part VI
Dated: 11/05/2016
The Secretary (E),
Railway Board,
New Delhi
Dear Sir,
Sub: Empowered Committee for Running Allowance in the 7th CPC Pay Structure-reg.
Ref: Railway Board’s order No. ERB-U2016/23/1 dated 05/05/2016.
***********
The Railway Board has since issued an order dated 05/05/2016 constituting Empowered Committee for Running Allowance in the 7th CPC Pay Structure. According to Board’s letter, ED/PC-I, Railway Board shall be the Convenor of the Empowered Committee and five EDs of different directorates shall function as its members.
In this connection, NFIR desires to convey that pursuant to bipartite agreement reached on the report of the Running Allowances Committee, 1980, the running allowance eligibility criteria, pay elements for various poses, ALK etc., were decided by the Railway Ministry in the year 1981.
With the implementation of 6th CPC pay structure (Pay Band & Grade Pay), a number of aberrations have however cropped up and all those issues were raised by NFIR in different fora. The issues were also discussed in the Fast Track Committee meetings, besides PNM and DC/JCM meetings, but unfortunately, there has been no finality till now. In the full Board meeting chaired by CRB on 7th February 2014 and in the Fast Track Committee meetings, it was decided that the running staff issues need to be dealt in the joint committee and accordingly joint committee was constituted.. Although the joint committee met twice, the issues remained unresolved.
Now that the Railway Board has constituted Empowered Committee in the wake of 7th CPC report presently under consideration of the Government, the NFIR urges upon the Railway Board that the issues which are pending before the Joint Committee should be got finalized quickly. Thereafter there should be formal meetings with the Federations for discussing the new issues which may arise consequent upon the decision for implementation of VIIth CPC Pay Matrix levels. In this context, the Federation wants to remind the Railway Board that the pay elements 30% and 55% of pay which are in vogue since the time of 4th CPC should be continued without any dilution even when 7th CPC Pay Matrix levels are to be implemented.
Federation hopes that the Railway Board would take note of earlier agreements reached with the Federations for ensuring that the same are not deviated.
HOW TO GO ABOUT CALCULATION OF ARREARS OF JCOs & Ors:- With coming of this rule the arrears will be due to those persons who have been receiving Pension lesser than the 50% of “Minimum of Pay in Pay Band” wef 01 Jan 2006 to 30 June 2014 ie upto the date of implementation of the OROP Scheme.
2. Hence the first and foremost item to know is the “Min of Pay in Pay Band” pertaining to your Group and Rank. The above chart has been derived from various Circulars issued by PCDA(P). Do intimate in case there be some changes and modification is needed.
3. The amount by which you have been getting lesser than this amount is the Basic difference now payable per month.
4. In case of JCOs & ORs three Circulars ie 547, 430 and 501 are important. There will thus be three differences corresponding to periods as under :-
(a) Difference between MPinPB and figures in 547 from 01 Jan 2006 to 30 June 2009.
(b) Difference between MPinPB and figures of circulat 430 from 01 Jul 2009 to 23 Sep 2012.
(c) Difference between MPinPB and figures of Circular 501 from 24 Sep 2012 to 30 Jun 2014.
5. Note down these figures where ever they are less than the MPinPB. However in case they are higher than the MPinPB these are not to be taken into account and the difference be taken as Zero.
6. Multiply these three differences with Multiplication factors as under to add period and DA:-
(a) 01 Jan 2006 to 30 Jun 2009 = 46.02
(b) 01 Jul 2009 to 23 Sep 2012 = 57.62
(c) 24 Sep 2012 to 30 Jun 2014 = 39.76
The sum of the resultant figure will the total arrears due to you
No. 31011/11/2015-Estt (A.IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
*****
North Block, New Delhi-110 001
Dated: May 12, 2016
OFFICE MEMORANDUM
Subject:- Central Civil Services (Leave Travel concession) Rules, 1988- Admissibility of catering charges in respect of rail journey performed on LTC.- Clarification reg.
The undersigned is directed to say that several references are received in this Department from various Ministries/Departments seeking clarification regarding the admissibility of catering charges charged by the Indian Railways in respect of the rail journey(s) performed by Rajdhani/Shatabdi on LTC.
2. The matter has been examined in consultation with Department of Expenditure, Ministry of Finance and it is clarified that if the Government servant has to compulsorily avail the catering facility and the cost is included in the rail fare for Rajdhani/Shatabdi/Duronto trains, the fare charged shall be reimbursable in full as per the entitlement/eligibility of the Government servant.
(Surya Narayan Jha)
Under Secretary to the Government of India
DOPT granted special casual leave on the day of polling
Bye Election to fill the clear vacancies in Lok Sabha and State Legislative Assemblies of Meghalaya, Arunachal Pradesh, Jharkhand, Gujarat, Uttar Pradesh and Telangana – Grant of Paid Holiday
F.No.12/3/2016-JCA2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (JCA-2) Section
North Block, New Delhi
Dated the 12th May, 2016
OFFICE MEMORANDUM
Subject: Bye Election to fill the clear vacancies in Lok Sabha and State Legislative Assemblies of Meghalaya, Arunachal Pradesh, Jharkhand, Gujarat, Uttar Pradesh and Telangana – Grant of Paid Holiday -regarding
The undersigned is directed to say that in connection with the Bye Election to Bye Election to fill the clear vacancies in Lok Sabha and State Legislative Assemblies of Meghalaya, Arunachal Pradesh, Jharkhand, Gujarat, Uttar Pradesh and Telangana – Grant of Paid Holiday – to be held on 16th May, 2016, the following guidelines, already issued by DOPT vide OM No. 12/ 14/99-JCA dated 10th October 2001, which would have to be followed for closing of the Central Government Offices including Industrial Establishments in the States of Meghalaya, Arunachal Pradesh, Jharkhand, Gujarat, Uttar Pradesh and Telangana.
(i) The relevant offices / organizations shall remain closed in the notified areas where Bye Election to the State Legislative Assemblies scheduled to be conducted.
(ii) In connection with bye-elections to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Specical Casual leave may also be granted to an
employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization/ Industrial Establishment located outside the constituency having a general/bye-election.
2. The employees detailed on election duty may also be permitted to remain away from their normal duties on polling day(s) as also on the days required for performing journeys which might be undertaken in order to perform such election duty
3. The above instructions may be brought to the notice of all concerned.
4. This issue with the approval of Secretary (P).
(G.Srinivasan)
Deputy Secretary to the Government of India
Central Government has since long been reviewing officials on grounds of performance and efficiency. Fundamental Rules, All India Services Rules and other Service Rules provide for retirement in public interest. Review of performance is a continuous process. While reviewing, all Ministries/Departments take into consideration the parameters such as the entire service record and performance of the officers. Each Ministry/Department is required to prepare and maintain a list of officers of doubtful integrity.
Under Rule 56(j) of Fundamental Rules, review is done at the age of 50/55 years for Group A and B officials and at the age of 55 years for others. As per the provisions of All India Services (Death cum Retirement Benefit) Rules 16(3), interalia, review is done on completion of 15/25 years of qualifying service or on attaining the age of 50 years as the case may be. The provisions for review have been reiterated from time to time, more recently in September 2015 and in April 2016.
However, disciplinary action as appropriate, including compulsory retirement, is taken under the provisions of Central Civil Services (Classification, Control and Appeal) Rules, All India Services (Discipline & Appeal) Rules and other Service Rules as applicable to various Services on completion of enquiry.
This was stated by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in a written reply to a question by Shrimati Jayshreeben Patel in the Lok Sabha today.
