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Latest on Pension 33 years or 20 years - Information on Implementation order in M.O. Inasu case

Online RTI Status Form
Registration Number: DP&PW/A/2015/60046
Name: S. Y. Savur
Date of Filing: 20/12/2015
Request filed with Department of Pensions & Pensioners Welfare
Status APPEAL DISPOSED OF as on 12/01/2016
Reply :- Dear Sir
Under the RTI Act the CPIO is required to provide only the information which is available with him/her in the material form. The order of Hon'ble CAT in O. A. No.715/2012 had been implemented in respect of the petitioners in that O.A. even before the dismissal of the Review Petition by Hon'ble Supreme Court. 

The question of implementation of the orders in respect of Pre-2006 pensioners has been under consideration in consultation with the concerned Ministries/ Departments i.e. Ministry of Law, Department of Legal Affairs and Ministry of Finance, Department of Expenditure and the file has been referred to Department of Legal Affairs on 30.12.2015. 

Thus the information given by the CPIO was correct.
In case you are not satisfied with this order, you may appeal against the decision to the Central Information Commission within 90 days, as per the RTI Act.
Harjit Singh
Deputy Secretary & Appellate Authority
Tel: 24624752

AFVAI CO-ORDINATE WITH OTHER JCO/OR ORGANS

The 10th Anniversary function of our EX-SERVICEMEN AND SOCIAL WELFARE TRUST was held on 03-01-2016. at Mani Mahal, Santhi Nagar, Palayamkottai, Tirunelveli, Tamil Nadu.

Veteran Cpl.Mohana Rangan , Tamil Nadu Co-coordinator of ARMED FORCES VETERANS ASSOCIATION OF INDIA (AFVAI) delivered a wonderful speech on the need for Unity among Veterans to fight for our rights ,including pension and other issues..

WISH YOU ALL HAPPY NEW YEAR

CLARIFICATION REGARDING GRATUITY TO PRE-1996

No. 38/42/2005-P&PW (F)

Government of India

Ministry of Personnel, PG & Pensions

Department of Pension & Pensioners' Welfare

3^rd Floor, Loknayak Bhawan

New Delhi-110003

Dated 17^th February 2005

               Office Memorandum

Subject:           Payment of difference of Gratuity to pre-1996 Central Government Pensioners - clarification regarding.

             The undersigned is directed to say that a number of representations have been received seeking confirmation whether in pursuance of Supreme Court Judgement, vide this Department's OM No. 45/86/97-P&PW (A) Pt. I dated 04.12.2004; pre-1996 pensioners have been made eligible for receiving additional gratuity. They have asked the concerned pensioners to apply to their respective Departments by furnishing details of PPO number, date of retirement, Bank details etc. It also contains a portion of the OM purported to have been issued by this Department but does not indicate the name of Officer under whose signature it has been issued.

2.         In view of the above, the factual position in the matter is as under:

(i)         This Department has not issued any OM on 4.12.2004 granting additional gratuity to pre-1996 pensioners as there is no such Supreme Court Judgement in that respect; and

(ii)        The extracts of OM reproduced by them purported to have been issued on 4.12.2004 is in fact a portion of this Department's OM dated 4.12.2001 bringing out certain modifications to OM dated 27.10.1997. In that OM, the Government consequent upon acceptance of the 5^th Pay Commission recommendations, inter-alia, prescribed that 100% of DA be added to the pay and on this the retirement/death gratuity be calculated. This was made effective from 1.1.1996. It did not change any provisions regarding percentage on DA for those who retired before 1.1.1996. Vide OM dated 4.12.2001 the Government clarified that the addition to DA for calculation of gratuity would be applicable for calculation of all types of gratuities like death/ retirement/ service gratuity. In this OM also there is no change in other provisions of OM dated 27.10.1997 including the cut-off date of 1.1.1996. This was further clarified vide para (ii) of OM dated 18.2.2003. Hence, prior to 1.1.1996, only basic pay was reckoned as emoluments for computation of gratuity. It has not been agreed to extend the benefits to retirees prior to 1.1.1996 as for grant of any benefit, prescription of a cut-off-date is essential keeping in view various constraints including financial constraints. 

( M.P. Singh )

Director (PP)

Tel. 24624802

To

1.                  'persmin.nic.in' - website of the Ministry of Personnel, PG & Pensions

2.                  All Ministries/Departments of Government of India

3.                  Copy to C&AG

4.                  Controller General of Accounts

5.                  Controller of General of Defence Accounts

6.                  As per standard mailing list.

LETTER SENT TO SERVICE CHIEFS & DM BY VOP

Dear Sir/Madam,

NJUSTICE DONE TO MIDDLE RANKS OF PBOR IN DEFENCE FORCES BY 6th CPC

Havildars in ARMY, Sergeants in IAF, Petty officers  in NAVY  who were placed in the 5000 scale by 5th CPC was put in the PB-1 scale by 6TH CPC in the name of merger of lower posts and the government did not  intervened to improve it as done in case of HAG scale of central govt employees.The SHQ being the sole stake holder on behalf of PBOR did not raise any objection to this unlike civilian counter parts. All central govt employees except defence forces who where placed in the basic scale of 5000 by 5th CPC was brought in to PB-2 by 6th CPC .This is a clear case of discrimination against the middle ranks in the PBOR of defence forces and this anomaly should be rectified when the cabinet gives it approval to  7th CPC recommendations .We suggest an alternate solution to this anomaly by abolishing the Rank of HAV(Hav & equivalents) & merging it with Nb Sub.(Nb Sub & equivalents)

With Regards,

The Voice of pensioners