FLASH

WATCH THIS BLOG REGULARLY FOR LATEST NEWS ON ONE RANK ONE PENSION & OTHER SERVICE BENEFITS RELATING TO EX-SERVICE PENSIONERS,CENTRAL GOVT PENSIONERS,LIC/GIC PENSIONERS* A UNIQUE BLOG WITH MORE THAN 1 CRORE VIEWERS & 700 FOLLOWERS #

FLASH

  • FlashFLASH* NAVAL SAILORS WHO JOINED ON OR BEFORE 03/07/1976 & DISCHARGED AFYTER 10 YEARS ARE ELIGIBLE FOR SPECIAL PENSION AS PER SC JUDGEMENT IN CIVIL APPEAL 2147/2011 New **** L*OROP CASE NEXT HEARING LIKELY ON 15/12/2017
  • New











    .
  • Friday, 31 March 2017

    LETTER FROM DESW REGARDING STATUS OF IMPLEMENTATION OF SC JUDGEMENT IN NAVAL VETERANS CASE

      F.No.5(33)/2017/D(Pen/Legal)
                       Ministry of Defence
                Department of Ex-Servicemen Welfare
                            D (Pen/Legal)
    Subject : Seeking Information under RTI Act, 2005-RTI Application of MBC Menon
                    The Chairmen National Federation of Ex-servicemen dated 27.02.2017
         Please find enclosed an online RTI Request No.DEXSW/R/2017/50096 dated 
    27.02.2017 from MBC Menon, The Chairman National Federation of Ex-servicemen on the subject regarding the implementation of Hon'ble Supreme Court judgement in CA No.2147/2011 dated 27.10.2016 addressed to undersigned CPIO.  The same is transferred to you under section 6(3) of RTI Act 2005 for necessary action, under intimation of the undersigned.
                                                                                 Sd/ ....................23.3.2017
                                                                                      (A K Agarwal)
                                                                                       U.S.D(P/L-1)
                                                                                        Tel.No. 2301 5021
    CPIO  DPA(Navy) Sena Bhawan New Delhi 110011
    -------------------------------------------------------------------------------------------------------------Mod ID No.5(33)/2017/D(Pen/Legal) dated 23.03.2017
    Copy to
                     MBC Menon
                     The Chairman National Federation of Ex-servicemen
                      AC/149A, Shalimar Bagh
                      New Delhi, Pin 110088

    Thursday, 30 March 2017

    IF DISABILITY PENSIONERS HAVE ANY PROBLEM REGARDING IT DEDUCTION MAY CONTACT ADV,NAVDEEP SINGH(Rtd Maj)

    Law Office of NAVDEEP   SINGH                                 
    Advocate, Punjab & Haryana High Court
    Office-cum-Residence : # 1063, Sec 2, Panchkula – 134112, Haryana
    Phones : 099888-LEGAL, 093161-32817    Email : navdeepsingh.india@...
    Your reference :                                                                        
     Our  reference :
     To:
    Chairman-cum-Managing Director (CMD)
    State Bank of India, Mumbai
                                                                                          01 September 2016
    ILLEGAL DEDUCTION OF INCOME TAX ON DISABILITY PENSION BY THE STATE BANKOF INDIA IN CONTRAVENTION OF DIRECTIONS OF THE GOVT
    1.    Shocking instances have come to light wherein your bank has indulged in deduction of Income Tax at source in case of Disability Pensioners. On further inquiry, it has been informed that the action is based upon some ‘advice’ rendered by a Chartered Accountant that income tax exemption is only available to those pensioners who have been invalided out before completion of their service for normal pension, that is, those released earlier than 20 years in case of Commissioned Officers and 15 years in case of ranks other than Commissioned Officers, and that the said exemption is not available on the service element of those who have been released/ retired/discharged with a pension after serving more than 20/15 years of service as above.
    2.    Firstly, your attention is invited to Instruction No 2/2001 issued by the Central Board of Direct Taxes in this regard which amply explains the issue (Appx A). Your attention is also invited to Paragraph 88.3 of the Pension Payment Instructions issued to all your banks by the Government (Appx B) which leaves no scope of doubt regarding exemption of income tax from the entire disability pension, including service element. Moreover, the interpretation of your bank in this regard is absolutely incorrect, absurd and militates against the rules and norms promulgated by the Government as above. It may be recalled that Income Tax exemption on complete disability pension is available to defence personnel since the 1920s.
    3.    On discussion, it emerges that the confusion has been created due to the terminology of ‘Service Element’ which is hereby clarified for your benefit in the following lines. Disabled personnel who are granted disability benefits at the time of release from service are known as Disability Pensioners.  The said Disability Pension consists of two elements- service element and disability element. Both elements taken together are known as Disability Pension. There is no minimum qualifying service required for the grant of Service Element with effect from 01 January 1973. The calculation of service element however is different in cases of those personnel released from service before completion of pensionable service limits vis-a-vis those who are released on completing pensionable service limits. In case of the latter, the service element is granted at a rate equal to Service Pension. The fact that the pension granted for service in both cases is known as Service Element becomes clear from a bare perusal of Regulation 183 of the Pension Regulations, 1961, which contains two clauses, that is, 183(1)(a) for those who are released with sufficient service to earn a pension, and 183(1)(b) for those who are released before completing sufficient service to qualify for normal service pension. The said Regulation is enclosed as Appx C. Please note from the Regulation that in both cases the service part of the pension is known as Service Element. Even the normal service pension rates reflected under Regulation 183(1)(a)(i) are categorized as ‘Service Element’.
    4.    The fact that the service part of pension, whether a person is released prior to completion of service limits or after completion of service limits (20/15 years), is known as ‘Service Element’ also becomes clear from a perusal of the recent Circular No 554 (Appx D) issued by the Principal Controller of Defence Accounts (Pensions) to all banks, including yours. Paragraphs 1(i) and (ii) and then 1(iv) & 1(v) as well as Paragraph 6 of the same clearly stipulate that in case of disability pensioners, the amount of service part of the pension is known as ‘Service Element’ irrespective of the fact whether a person has lesser or more than 20/15 years of service. In simple words, the service element of pension in cases of those disabled personnel who have completed pensionable limits is equal to normal service pension, but being disability pensioners, it is nomenclatured as ‘Service Element’.
    5.    Even otherwise, it would be important to point out that disabled personnel released prior to completion of pensionable terms as well as those who are released on completion of terms or at own request are all treated at par as far as disability pension is concerned. In fact, all those who are in low medical category at the time of release are to be treated as ‘invalided’  as per rules (Also Appx C) as has also been held as per interpretation of teh pre-existing rules by the Hon’ble Delhi High Court in CW 2967/1989 Mahavir Singh Narwal Vs Union of India decided on 05 May 2004 as affirmed by the Hon’ble Supreme Court in SLP 24171/2004 on 04 January 2008 and also in the recent decision of the Hon’ble Supreme Court in Civ Appeal 11208//2011 Union of India Vs Angad Singh Titaria decided on 24 Feb 2015.
    6.    In view of the above, you are requested to inform all your branches to cease and desist from flouting guidelines of the Central Board of Direct Taxes in this regard and direct them to honour income tax exemption on both service as well as disability elements of disability pensioners as was being done till now. It may be appreciated that the opinion of your Chartered Accountant cannot override existing law and rules that have been followed since times immemorial.
    7.    You are requested to issue directions to refund the illegally deducted amount to all affected disabled pensioners within a period of 7 days from the receipt of this letter.
    Thanking You
    Sd/-
    Navdeep Singh
    Advocate, High Court


    Wednesday, 29 March 2017

    AN IESM PROJECTION OF WORK SHEET ON NON IMPLEMENTATION OF ORIGINAL DEFINITION OROP


    One Rank One Pension was approved by UPA Govt in budget dated 17 Feb 14 and then by NDA Govt in their budget dated 10 Jun 14. UPA Government issued an executive order dated 26 Feb 14 for the implementation of OROP dues to veterans at the earliest. This was never implemented by the MOD nor a demand note was ever raised. The approved definition of OROP by two Governments is given below.
    Definition of OROP as per Govt Executive Order of 26 Feb 2014.
    One Rank One Pension (OROP) implies that uniform pension be paid to the Armed Forces Personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension to be automatically passed on to the past pensioners. This implies bridging the gap between the rate of pension of the current pensioners and the past pensioners, and also future enhancements in the rate of pension to be automatically passed on to the past pensioners.
    Govt Changed Definition of OROP which kills the Soul of OROP.
    Again, another attempt has been made to change/ distort the definition of OROP in GOI notification dated 7 Nov 15. OROP definition given in 7 Nov letter is reproduced below.
    One Rank One Pension (OROP) implies that uniform pension be paid to the Defence Forces Personnel retiring in the same rank with the same length of service, regardless of their date of retirement, which implies bridging the gap between the rate of pension of the current pensioners and the past pensioners at periodic intervals.
    Example to Prove that what Govt has implemented is not OROP.
    1.                85% strength of Defence Forces consists of other Ranks ie From Sepoy to Havildar. Let us  take example of a Sepoy of ‘Y’ Group with 17 years of Service who retired prior to implementation of OROP with effect from 01 July 2014 and compare his pension with the same Class of Sepoy who retired after 01 Jan 2016 the effective date of 7th CPC, the working of pension is as under:-
    (a)
    OROP basic Pension of Sepoy who retired prior to implementation of OROP as per 6th CPC = Rs 6665 / per month.
    (b)
    DA 125%                                =      Rs 8331/-
    (c)
    Total Pension                          =  Rs 14996/ per month
    (d)
    His Pension of 7th CPC as per existing order with effect from 01 Jan 2016. =  6665  x  2.57+2% D = 17129+2 % DA
                      = 17129+342.58 = Rs 17462 / per month
    (e)
    Pension of Sepoy of the same class who retired after the Govt implementation of OROP  after 01 Jan 2016 as per 7th CPC.
              =  Rs 8300 x 2.57 + 2% DA
              =  Rs 21331 + 2% DA = Rs 21331 + Rs 427 = Rs 21758/- per month
    (f)
    The difference  in Pension of the same class of Sepoy
     = Rs 21758 – 17462 = Rs 4296/- per month.
    (g)
    The gap in pension of the same class is Rs 4296=- per month. How this can be OROP, since OROP means same pension of the same rank of Defence Veterans irrespective  of the Date of Retirement.
    Similarly a Widow of Sepoy of the same class will get Rs 2578/- less per month.
      
    2Hence what the Govt has implemented is not OROP but one time increase in Pensions.
    3.It is also pertinent to mention that the changed definition will not be  OROP.  
     The original definition needs to be restored.

    Tuesday, 28 March 2017

    REPLY RECEIVED FROM DESW REGARDING NON-PAYMENT OF DL-33 ARREARS BY SYNDICATE BANK


    RTI FIRST APPEAL FILED TO DESW FOR NON-RECEIPT OF REPLY REGARDING IMPLEMENTATION OF SUPREME COURT JUDGEMENT IN NAVAL PENSIONERS CASE

    Online RTI Appeal Form Details

    RTI Appeal Details :-
    RTI Appeal Registration number DEXSW/A/2017/60016
    Public Authority Department of Ex-Servicemen Welfare
    Personal Details of Appellant:-
    Request Registration Number DEXSW/R/2017/50096
    Request Registration Date 27/02/2017
    Name MBC MENON THE CHAIRMAN
    Gender Male
    Address NATIONAL FEDERATION OF EX-SERVICEMEN , AC/149A, SHALIMAR BAGH, NEW DELHI
    Pincode 110088
    Country India
    State Delhi
    StatusUrban
    Educational StatusDetails not provided
    Phone Number Details not provided
    Mobile Number +91-9446718293
    Email-ID nfoesm[at]gmail[dot]com
    Appeal Details :-
    Citizenship Indian
    Is the Requester Below Poverty Line ? No
    Ground For AppealNo Response Within the Time Limit
    CPIO of Public Authority approached Details not provided
    CPIO's Order/Decision Number Details not provided
    CPIO's Order/Decision Date
    (Description of Information sought (upto 500 characters)
    Prayer or Relief Sought
    Dear Sir,
    The CPIO failed to respond to my Following RTI request with in the stipulated time limit.Hence an appeal is filed with you for remedy.
    Yours Faithfully,
    MBC MENON
    THE CHAIRMAN,
    NATIONAL FEDERATION OF EX-SERVICEMEN

    ( Copy of RTI Request)
    Dear Sir,
    Hon. Supreme Court has delivered judgement in CA 2147/2011 dated 27/10/2016 granting Pension to Sailors who have completed 10 years of service. we the Ex-servicemen has not heard anything from you till date.
    The DESW being the sole authority for the implementation of the above judgement, we request you to furnish the copy of following documents.
    1) copy of all the file noting for the the action taken by you at your end & forwarded to other department for implementation of the above judgement.
    2) copy of legal advice received by you from Law ministry/ Department.
    3) copy of letter sent to the Department of expenditure by you & reply if any received by you from them.
    MBC MENON,
    THE CHAIRMAN,
    NATIONAL FEDERATION OF EX-SERVICEMEN


    Supporting document (only pdf upto 1 MB) Supporting document not provided

    Monday, 27 March 2017

    CAMPARISON OF FIGURES BEING CURRENTLY DISPLAYED IN SUVIGYA


    Rank:Sergeant
    GroupIII
    Qualifying Service:15
    Pension as on Retirement:01/10/1986479
    Revised Pension as on 01-01-1996(5th CPC)1480
    Pension as on 01-04-20042220
    Improved Pension(with DP) as on 01-01-20062411
    Revised Pension as on 01-01-2006(6th CPC)8330
    Revised Pension as on 01-07-20094840
    Revised Pension from 24-09-20128330
    Revised Pension from 01-07-2014(OROP)
    Revised Pension from 01-01-2017(7th CPC)0

    Rank:

    PETTY OFFICER
    GroupB
    Qualifying Service:15
    Pension as on Retirement:01/10/1986479
    Revised Pension as on 01-01-1996(5th CPC)1480
    Pension as on 01-04-20042220
    Improved Pension(with DP) as on 01-01-20062411
    Revised Pension as on 01-01-2006(6th CPC)8330
    Revised Pension as on 01-07-20098330
    Revised Pension from 24-09-20128330
    Revised Pension from 01-07-2014(OROP)
    Revised Pension from 01-01-2016(7th CPC)0

    Sunday, 26 March 2017

    RTI ON OMJC REPORT FILED

    Online RTI Request Form Details

    RTI Request Details :-
    RTI Request Registration number DEXSW/R/2017/50154
    Public Authority Department of Ex-Servicemen Welfare
    Personal Details of RTI Applicant:-
    Name MBC MENON THE CHAIRMAN
    Gender Male
    Address NATIONAL FEDERATION OF EX-SERVICEMEN , AC/149A, SHALIMAR BAGH, NEW DELHI
    Pincode 110088
    Country India
    State Delhi
    StatusUrban
    Educational StatusLiterate
    Above Graduate
    Phone Number Details not provided
    Mobile Number +91-9446718293
    Email-ID nfoesm[at]gmail[dot]com
    Request Details :-
    Citizenship Indian
    Is the Requester Below Poverty Line ? No
    (Description of Information sought (upto 500 characters)
    Description of Information Sought
    Dear Sir,
    The OMJC has submitted its report on OROP in OCT 2016 & the report has not been made public till date. All the stake holders have the right to know about the contents of this Report. The report is seemed to have been kept pending for long which added agony to the lives of affected. Since the report has far reaching effects on the  lives of affected ESM, I request you to furnish me the copy of the following documents.
    1) Kindly furnish a Soft Copy of OMJC report on OROP submitted to you in OCT 2016 by Justice L Narasimha Reddy, retired Chief Justice of Patna High Court to look into the anomalies, if any, arising out of implementation of OROP.
    2) Copy of action taken by you on this report till date by way of file noting by various authorities
    MBC MENON
    THE CHAIRMAN,
    NATIONAL FEDERATION OF EX-SERVICEMEN,
    NEW DELHI-110088
    Concerned CPIONodal Officer
    Supporting document (only pdf upto 1 MB)

    Saturday, 25 March 2017

    AUTHORITY LETTER FOR IT EXEMPTION--DISABLED VETERANS


    Instruction No 2/ 2001
    F.No. 200/51/99-ITA.I
    Govt of India Ministry of Finance
    Deptt of Revenue
    Central Board of Direct Taxes
    New Delhi, the 2ndJuly, 2001
    To: All Chief Commissioners of Income-Tax
           All Directors General of Income-Tax

    Subject: Exemption from Income Tax to disability pension, i.e., “disability element” and “service element” of a disabled officer of the Indian Armed Forces – Instructions regarding

    Sir,

    References have been received in the Board regarding exemption from Income Tax to disability pension, i.e., “disability element” and “service element” of a disabled officer of the Indian Armed Forces.2.It appears that field formations in certain cases are not uniformly allowing disability pension in spite of Board’s Instruction No 136 dated 14thJanuary 1970 (F No 34/3/68-II(AI) ).3.The matter has been re-examined in the Board and it has been decided to reiterate that the entire disability pension, i.e, disability element and service element of a disabled officer of the Indian Armed Forces continues to be exempt from Income Tax.4.This may be brought to the notice of all officers working under you.

    Yours faithfully
           Sd/-
    (B L Sahu)
    OSD (ITA-I)

    Friday, 24 March 2017

    RTI REPLY FROM UCO BANK

    Enter Registration Number

    UCOBK/R/2017/50075
    NameMBC MENON THE CHAIRMAN
    Date of filing 19/02/2017
    Public Authority UCO Bank
    StatusREQUEST DISPOSED OF
    Date of action24/03/2017
    Reply :- Total number of Ex Servicemen who have been paid the arrears :
    Total No. of Accounts : 12186,
    Total amount paid : Rs. 1104728017/- till 23.03.2017.
    Our CPPC Nagpur branch processed the arrears as per C. 568 for all eligible and available records.
    Regarding particulars of such persons and details of payment cannot be divulged by Bank in terms of Section 8(1)(j) of RTI Act 2005.
    CPIO Details :-A. K. BARUAH
    Phone: 033-44557970
    hosp.cscell@ucobank.co.in
    Nodal Officer Details :-
    Telephone Number 033-44558424
    Email Id hosp.cscell@ucobank.co.in

    Friday, 17 March 2017

    RTI REPLY RECEIVED FROM CANARA BANK

    Online RTI Status Form

    Note:Fields marked with * are Mandatory.
    Enter Registration NumberCANBK/R/2017/50153
    NameMBC MENON CHAIRMAN
    Date of filing 17/02/2017
    Public Authority Canara Bank
    StatusREQUEST DISPOSED OF
    Date of action15/03/2017
    Reply :-
    Our CPPC has informed as hereunder -
    1. Total No. of pensioners who has been paid the arrears as per PCDA Cir No. 568 i.e. Delinking of 33 years is 24131.
    2. Total No. of Ex-servicemen pensioners who has not been paid the above said arrears due to non availability of Qualifying Service and Group is 358. Action Plan- We have contacted the Pensioners and Record office and obtained the details such as Qualifying Service and Group and the arrears has been disbursed to all the 358 pensioners. Regarding Interest payment we have adhered to the existing Govt. Guidelines.
    3. Since Complied
    CPIO Details :-CPIO-HO-Babu S Kadam
    Phone: 080-22223175
    babukadam@canarabank.com
    First Appellate Authority Details :-AA-HO-K V Anil
    Phone: 080-22133302
    anilkv@canarabank.com
    Nodal Officer Details :-
    Telephone Number 08022223175
    Email Id babukadam@canarabank.com



    Tuesday, 14 March 2017

    TRANSFER OF PENSION TO BANK OF YOUR CHOICE


    PORTABILITY OF PENSION ACCOUNTS
    Subject: Shifting your pension account from the present Bank to the Bank of your choice: The Steps
    For information of those who may be contemplating changing their Pension Accounts, given below is the sequence, given by a veteran who has just finished the procedure and has now fully understood through hindsight, after personally witnessing what happened at each stage.  (a) The pensioner writes a simple one-page letter to his own branch, stating:
     Dear Sir,
       Sub: Pension Account No. xxxxxxxxxxx 
       I wish to start receiving my pension at XYZ Bank, (give new bank’s name and address) with immediate effect.
     I have opened a joint SB Account No. xxx with my spouse at that branch for this purpose. Please transfer my pension to my new bank.”
        Notes:
       1 No copies need to be sent to anyone else nor any enclosures are required with the above letter. I had enclosed copies of my PPOs and endorsed copies of the entire package to PCDA (P), HDFC Bank and
     Central Pension Processing Centre of SBI. This was later proved to be a waste because none of these agencies took any action on the letter or the copies. Nor was any action needed on their part at that stage.
       2 Your bank most probably will not know what to do with your letter. You have to tell them that they need to convey your request to the Central Pension Processing Centre (CPPC) of your bank, and forward your application to them.
       3 It may be noted that the pension disbursing branches do not have any documents such as PPOs, joint photos etc. with them. These are all now retained at the CPPCs of each bank.
           (b) The CPPC will forward your request back to your bank along with all the PPOs and connected documents, which they initially received from PCDA(P) at the time of first grant of pension when you retired from service.
       (c) Your Bank will now send the entire bundle to your new bank with a request to take necessary action to credit the pension to the pensioner’s account. Please ensure that your old bank sends the Last Pension Certificate along with these documents.
       (d) On receipt of documents, your new bank will send the same to their CPPC.
       (e) Your new bank’s CPPC will examine the papers and may ask for additional undertakings, indemnities etc, as per their protocol. In my case HDFC Bank’s CPPC (not the branch) knew exactly what they
      wanted.
       (f) Your bank’s CPPC will process the papers (mainly to coordinate book transactions and heads of expenditure between treasury and the bank) and then credit your pension directly to your new bank account along with arrears accrued after the last pension was paid to you by the old bank. This takes about 2-3 weeks.
       (g) Though not written anywhere, it is highly advisable to intimate PCDA(P) regarding change of your bankers so that all future PPOs, corrigenda, increments, revisions and DA intimations etc are sent by
     them to your new pension bankers.
       (h) This is also a good opportunity to send the Lifetime Arrears Certificate to your new bankers, CDA(P), AG’S Br etc.
       (i) Please ensure that the account opened at the new bank is a joint account and has a nominee recorded on it.
      (j) Please also complete the formalities of internet banking operation for the new account, and get it linked to other accounts, if any, at the new branch.