PENSION ISSUES & RELATED ORDERS

ARE WE GETTING CORRECT PENSION - 80% NO - NOT ATALL

         It is not that you alone are suffering but many Ex-Servicemen are there who are in similar predicament due to ignorance of bank staff regarding Defence pensions and partial discharge of their duties by PCDAs (Pensions) of the  three services. The result is Defence pensions payment is in total mess and ESMs specially the Family Pensioners  are suffering for no fault of their. 90% of JCOs, OR and family pensioners do not get their entitled pensions as bank staff do not have the required  knowledge to calculate current and correct pensions.

        All pre - 2006 Defence pensioners irrespective of date of retirement have been treated for purpose of pension as if they all retired as on 31 Jan 2006. Therefore pension of all such faujis is equal to what a serving soldier retiring on 31 Jan 2006 immediately

after being promoted to the rank i.e 50% of sum of (pay in pay band + grade pay + MSP). The pay in pay band is as per minimum of fitment table given in  SAI 2/S/2008 for each rank.  The rule of 33 years unfortunately applies to all pre - 2006 pensioners where as the same has been removed for post - 2006 pensioners. The commuted value of pension need to be deducted from this to work out the bank credit of the pension.

     Rank weightage has been laid down to compensate early retirement which is to be added to QS (Qualifying service) shown in the PPO, in applying the Rule of 33 in discounting the pension in case it adds up to make less than 33 years.

     The pensions w.e.f. Jan 2006 vide Circular 397 were fixed as per Govt letter of Nov 2008. Thereafter  w.e. f  24 Sep 2012 pensions were enhanced  vide circular number 500 of PCDA (Pensions) Allahabad. These circulars can be read at their site.

     In case your pension is not as per Circular 500 you should go to your bank manager and explain these facts. If he is not satisfied then must tell him that you will complain to the RBI Ombudsman who will direct them to pay arrears with 8% interest. You can carry extracts of the Annex to the circulars with you.

         The arrears of  pension from Jan 2006 to 23 Sep 2012 have already been placed in this blog site and are given below for officers:-

Arrears from 1 Jan 2006 till 23 Sep 2012 for Pre 2006 Retirees. Depending upon the final Judgement of the SC and necessary instrs issued by the PCDA (Pensions) to the PDAs (banks) to pay. the maximum likely amount, for each rank, depending on qualifying service, is likely to be as under:

	Maj Gen	Brig	Col	Lt Col	Maj
Pension	378299	310399	180845	58555	425435
Family Pension	226974	186242	108513	35147	255266

MINIMUM GUARANTEED PENSION - case won in SC

This case by Sqn Ldr VK Jain, Lt Cdr Avtar and others Vs Union of India  and came up for hearing today, the 17th March 2015, and has been decided in favour of the pensioners for payment of arrears wef 1/1/2006 rather than of 24 Sep 2012. 

     As most readers would know, there were anomalies in the fixation of pension of pre-2006 central govt retirees with effect from 01 Jan 2006 and the question was whether pension was to be calculated based on the minimum of each grade/rank within the newly introduced pay-bands or on the minimum of the pay-band itself. The said anomaly was resolved by way of judgements of the Central Administrative Tribunal (CAT) as well as Armed Forces Tribunal (AFT) which inter alia ruled that pension would be calculated on the basis of minima of each rank/grade within the pay-band. The judgement of the CAT was challenged by the Govt before the Delhi High Court. In the meantime however, the Govt itself removed the anomaly but granted the benefits from 24 Sept 2012 rather than 01 Jan 2006 which was the date of the inception of the anomaly. Hence the

exact controversy now stood narrowed down to whether the benefits of the correct  pension were to flow from 01 Jan 2006 which was the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 which was when the Govt had  decided to remove the anomalies in the pension structure after the said Pay Commission.  The controversy was finally resolved by the Delhi High Court which directed that after removal of the anomaly, the pension arrears were to flow from 01 Jan 2006 and not from the future artificial date of 24 Sep 2012. Never to respect well-rounded judicial verdicts, the Govt  challenged the decision of the High Court before the Supreme Court, however the Supreme Court was pleased to dismiss the SLP filed by the Govt in July 2013. The Govt then filed a review petition followed by a curative petition alleging ‘gross miscarriage of justice’ but a 5 Judge Bench dismissed the curative petition too. The Govt however did not implement the decision across the board and kept filing SLPs and Civil Appeals across the board against decisions of judicial fora in favour of  pensioners. Ultimately, all these cases were clubbed together and were finally heard today by the Supreme Court. The Supreme Court has today dismissed all appeals filed by the Union of India and upheld the decision of grant of arrears with effect from 01 January 2006 rather than 24 September 2012.

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Arrears from 1 Jan 2006 till 23 Sep 2012 for Pre 2006 Retirees. Depending upon the final Judgement of the SC and necessary instrs issued by the PCDA (Pensions) to the PDAs (banks) to pay. the maximum likely amount, for each rank, depending on qualifying service, is likely to be as under:

	Maj Gen	Brig	Col	Lt Col	Maj
Pension	378299	310399	180845	58555	425435
Family Pension	226974	186242	108513	35147	255266

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DISABILITY CERTIFICATE for Family Pension - GOVT ORDERS DATED 30 SEP 2014 ON COMPETENT AUTHORITY FOR ISSUING MEDICAL CERTIFICATE FOR DISABILITY FOR THE PURPOSE OF FAMILY PENSION

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NOMINATION - FOR LIFE TIME ARREARS (LTA).      CLICK FOR DETAILS

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ENDORSEMENT OF DOB OF SPOUSE IN PPO. HOPE VETERANS HAVE COMPLETED THIS ACTION IN GETTING THE DATE OF BIRTH OF THEIR SPOUSES MENTIONED/ENDORSED IN THEIR PPOs. IF NOT, DO IT AT-ONCE. CHECK THE DETAILS IN VETERANS LIBRARY.

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BROAD BANDING OF DISABILITY CASES - BRIEF       CLICK HERE TO READ

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Broadbanding of Disability has been finally approved.  Broad bending of Disability Pension case  for Armed Forces Personnel who came on superannuation had come up for hearing in Supreme Court today in Chief Justice's court on 10th Dec 2015. Court dismissed UOI's appeal and approved broad banding. The SC has ruled that broad banding of disability pension will be applicable to all pensioners who have proceeded on superannuation also. So cheer up as some more work created for PCDA Pension and another case closed by RDOA.

The Veterans must be aware the those entitled to disability pension are exempt from Income Tax for the disability as well as the service portion of the pension.  (AUTHORITY  LETTER).

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Enhancement of Constant Attendance Allowance inrespect of Disabled Armed Forces Personnel.  25% increase wef 01 Jan 2014 

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DETAILED PENSION TABLES -  YOU MAY  CLICK HERE TO ACCESS.

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LETTERS - PENSION  ISSUES ( CLICK TITLE TO READ)

1.     LIST 0F CPPC OF BANKS FOR PENSION PROBLEMS.

2.    GRANT OF FAMILY PENSION FOR LIFE TO HANDICAPPED CHILDREN 

       OF THE ARMED FORCES PERSONNEL.

3.    REVISION FO FAMILY PENSION OF PRE-2006 PENSIONERS

4.    MINIMUM GUARANTEED PENSION TO PRE-2006 PENSIONERS

5.     PENSION : ORDERS ISSUED ON VARIOUS MATTERS 

6.    GRANT OF FAMILY PENSION TO NEXT ELIGIBLE PERSON IN 

        CASE OF MISSING FAMILY PENSIONER.

7.    GRANT OF DUAL PENSION MILITARY PERSONS AND DSC. 

8.    PENSION IS YOUR FUNDMENTAL RIGHT

9.    DA & CPI ANALYSIS
10.  ESM RE-EMPLOYED IN SBI TO GET MSP
11.  GOVT CLARIFICATION ON FAMILY PENSION TO DAUGHTERS.
12 . PCDA CIRCULAR 528 - Enhansment of Constant Attendance Allowance
13.  JUDGEMENTS AFT -  PENSION TO PERSONS WITH 20% DISABILITY WHO 
        TOOK PMR PRIOR TO 1st JAN 2006.
14.   NATIONAL PENSION SCHEME - APPLICATION FORM

                         **BACK HOME**


OTHER RELATED POSTS IN THIS BLOG SITE

 Please click on the title to open the particular post

REVISION OF SPECIAL/ LIBERALISED FAMILY PENSION, DEPENDANT PENSION 

PENSION - PREMATURE RETIREES 

PENSION ISSUES & RELATED ORDERS 


FAMILY PENSION - DETAILED BRIEF 

PENSION - JCOs & ORs (ARREARS)

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*********************************************** YOUR COMMENTS AND OBSERVATIONS ON THIS POST      Dear Veterans, 1. We at Signals-Family Portal are ordinary people in various matters concerning serving and Retired Govt Personnel, as such, do heavily bank upon inputs from our readers. Kindly do add, comment and give your observations on this or any other post aimed at improving the posted contents for the benefit of the veterans community. 2. Kindly post these under the comments, we will much appreciate your contribution in this regard. 3. In order to avoid spam and unwarranted or mischievous posts, only such entries will get published where the Person has given his RANK, NAME @ EMAIL ID at the end of his/her text. 4. We will do our best to post our response as quickly as possible after getting the facts vetted from offrs, JCOs and men who are more knowledgeable on particular subject. With best wishes                                                                                                                                     Sincerely yours,                                                                                                                    Brig Narinder Dhand (Veteran)                                                 ********************************************

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