PMR - PENSION QS OF 33 YRS GOES

MoD ORDERS ISSUED  DATED 30 SEP 2016  UPDATED 02 OCT 2016)

  The much awaited orders have been issued by Mod and are available on their web site . We have brought out these orders and have placed at the bottom of this post.

   As had been said earlier in our earlier post all PMR cases irrespective of their QS (20 to 33 yrs) will get the pension as for full service eg all offrs who retired as Lt Cols or equivalent will have their basic pension enhanced to 26265/- from 01 Jan to 30 Jun 2014. It is very simple to get your arrears check your basic pension   ( Continue below )

what you received in Dec, Jan or Feb - 2013 and deduct it from the min fitment as for full service. The difference what you arrive at be multiplied by our Famous MULTIPLICATION FACTOR = 143.404 . That's what you will soon be getting after the PCDA issues the circular to all Pension Payment Agencies ie your banks etc. We obviously presume that you have already received all arears of 6 CPC enhanced pensions and OROP.  The working out with examples is given in our earlier post placed below in this post.. do scroll down..

we are placing the tables below and the Govt letter even though placed at the bottom of this post may be downloaded from:- 

            http://www.desw.gov.in/sites/upload_files/desw/files/pdf/D(pen-pol-30.09.2016).pdf 

Table A - Commissioned officers.

Table - B (JCOs OR - ARMY)

Table C (AIR FORCE)

Table D (NAVY)

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     33 YEARS RULE FOR FULL PENSION GOES .
       BACKGROUND :   Shri MO Inasu, an Ex-Servicemen was re-employed in Central Govt Services in Kerala and had retired prior to Jan 2006. He filed a case in CAT Ernakulam, challenging the rule of 33 years. He pleaded that since this rule is not applicable for post-2006 retirees as also in accordance with the judgment of Hon’ble Supreme Court in Maj Gen SPS Vains Vs UOI case, the same benefit should also be extended to pre-2006 pensioners. CAT Ernakulam ruled that the said Rule of 33 years violates  Art 14 and 16 of our Constitution as such should be abrogated. After a prolonged legal battle the H’ble Supreme Court upheld the judgment of CAT Ernakulam.
                Therefore those officers / JCO and ORs  who cannot mark up their Qualifying service for 33 Yrs even by including the rank weight-ages, such  that all Sepoys who serve upto 15 years (extended by two years), Naiks and Havildars who cannot serve up to  33 years minus the Rank  Weightage (Sepoy = 12 years; Naik = 10 years; Havildar = 8 years) as also who proceed on premature retirement would benefit in pension by knocking down this rule.



            Ministry of Personnel, Pensions and Public Grievances has therefore been in the process of obtaining Govt sanction to remove this restriction of 33 years to all Pre–06 retirees for over 8 months which has so been obtained.
                The Govt has finally issued orders to delink the Rule of 33 Yrs for Pre-2006 Retirees in line with the Recommendations of the 6th CPC for Post -2006 retirees which is placed below. The signed copy can also be downloaded through the link as placed there. PCDA(P) will soon issue implementation Circular for the Armed forces personnel. It has already issued Circular C-149 (Placed Below) for payments to be made to Defence Civilians,
      HOW IT EFFECTS THE LESS THAN 33 YRS QS CASES  - The principle behind delinking of QS for revision of pension for Pre 2006 retirees is the Supreme court ruling that "NO  PENSIONER WILL GET PENSION LESS THAN 50% OF THE MINIMUM PAY IN PAY BAND (MP-in-PB)  plus GP and MSP"  corresponding   to the rank and group of pensioner, as for the post 2006 retirees. There will thus be no pro rata reduction below this "MP in PB".
   It means that the pension cannot be less than half of one's emoluments should he/she retire soon after being promoted or without earning any increment what so ever on completion of minimum qualifying service.
  Therefore where ever one is getting pension lesser  than this half of "MP-in-PB" the same stands to revision upwards. These figs of MP-in-PB  must be known to every one from various instructions.
  The QS however still remains linked for pensions which are more than the MP-in-PB  like the pensions of Post 2006 retirees and the pensions under the OROP Scheme.
         REVISION OF PENSION- Consequently PCDA(P) will soon issue instructions to Banks for the revision of the pension of all the Fauji PMR cases or where the officers, JCOs and ORs have not completed 33 yrs of service before retirement. It means that all Pre - 2006 retirees will get the same pension irrespective of the Qualifying Service  (QS) they had rendered upto the time the OROP scheme got implemented.
     To cite an example the full pension of a Lt Col with 28+5=33 years of service with rank weightage under 6 CPC has been Rs 26265/- per month, therefore, those who took premature retirement with less than 28 years of service will also get Rs 26265/- per month as Basic Pension upto 30 Jun 2014. The difference in pension paid and payable will be arrears from 01 Jan 2006 to 30 Jun 2014.  With these provisions the Table given in PCDA (P)  Circular No 500 will reduce to 2 lines only as below.

        HOW TO WORK OUT ARREARS. We have endeavoured to give a very simple method of knowing your arrears that may accrue both for JCOs and ORs as well as for Officers. The first and foremost is to know your basic pension what you are getting. Most of the pensioners would know the same however one can easily calculate or verify  the same 'Without Tears' as follows in case its not sure:-
  1   . Note down the pensions from your pass book you got for the months of Jun, Jul, Dec 2015 and Jan-2016 before deduction of any TDS. The amount credited for Jun and Jul-15 should be same as also for Dec-15 and Jan-16.  In case your commutation payment is still being deducted please note the figure per month. for the purpose of understanding let us suppose this amount to be Rs 4422/- per month. In case you have already paid for the commutation take this figure to be ZERO in place of 4422/- . Hypothetically let us also assume that you  received Rs  44741/-  for Jun as well as for  Jul 2015  and Rs  46125/- for Dec-15 and Jan 16.
   2.  You will  calculate your basic pension with this data as under :-
        (a)    From  Jun & Jul   - Basic Pension =  (44741+4422) divided by 2.13 = 23081
        (b)    From  Dec & Jan - Basic Pension =   (46125+4422) divided by 2.19 = 23081
              (Here 2.13 and 2.19 are constants corresponding  to DA rates at that time)
   3. Hence you basic pension entitled is Rs 23081/-
          (This is, by the way, the fig for Lt Col with QS 22 Yrs as given in PCDA (P) Cir No 500.)
  4.  In order to work out your arrears proceed as under:-
       (a)  Difference 26265 - 23081 = Rs 3184 Per Month
       (b)  Arrears from 01 Jan  06  to 30 Jun 14 with DA incl = 3184 x 143.40 = 456586/-
             (143.40 is a constant - For details see CONSTANT M.F Below).
       (d)    TOTAL  = Rs 456586/-                  
5.  Similarly by the said method any one can work out his own arrears, The full Pension for various Ranks of Pre-2006 Vintage under 6 CPC pd ( PCDA (P) Circular Number 500)  are given in succeeding paragraphs.

              "HAPPY -  खुशयां मनाओ और सुप्रीम कोर्ट का शुक्रिया करो "

           CONSTANT M.F (MULTIPLICATION FACTOR).    In order to avoid month wise complicated calculations either manually or using Excel Sheets in Microsoft Office in Windows OS which is not every ones cake, our Maths Wizard has simplified the long Array of each month and the DA rates from time to time (t2t) has derived the constant factors together for a particular period. Constant 143.40 is for the period from 01 Jan 06 to 30 Jun 2014.
       The constant for the entire period of 6th CPC for 10 years from 01 Jan 06 to 31 Dec 2015 has been worked out to be 181.74 which can be used by the affected pensioners mostly our Civilian Pensioners.. 
        The amount of difference multiplied by this constant will give you the total amount for the period having taken into account the DR rates for each month pertaining to the pwriod.

FAMILY PENSION - There will be no change for Ordinary Family Pension since the same had already been de-linked from the 33 yrs of Rule for full pension and was termed as Min Guaranteed Family Pension (MGFP).

OROP SCHEME. Since the OROP Scheme has equalised the pensions of all retirees prior to 2014 this  new development of delinking the 33 Yrs rule will effect only up to 30 Jun 2014

JCOs & ORs . Since the pensions of JCOs & ORs were not based on minimum pension of pay in pay band wef July-2009 as given in PCDA(P) Circular number 430, it is not yet clear as to how this will affect their pensions. However we have tried to give a simple method of knowing your likely arrears as mentioned in the succeeding paragraphs in case one has been getting pension lesser than the "MP-in-PB" figures shown in charts and tables in this post
 
 It may have shortcomings as such we will seek input and views of veterans who are in better picture on the issue of JCOs and ORs. It is requested that further feed back on this be posted under the COMMENTS in this post. Please do write your Rank, Name and Email  ID at the end of your comment as otherwise our reply may not be forthcoming.
 
                                                                     
OFFRS:-

BY ADDING THE RANK WEIGHTAGE OFFRS GET FULL PENSION i.e  50% OF THE MINIMUM PAY IN THE PAY BAND WITH THE SERVICE AS UNDER :- 

These are the minimum figures of Pension  based on 50% od the Pay in Pay Band in respect of officers as given in PCDA (O) Circular Number 500 including Grade Pay and Military Service Pay.

The Rank Weightages are shown under the  Qualifying Service Figures in brackets as for for various ranks.




MEDICOS . In case of Medical Officers the figures as given in circular number 24 be taken as the 50% of Min of the Pay in Pay Band and arrears calculates as above. An extract of the table is placed below:-

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JCOs AND ORs:- (INCL EQUIVALENT RANKS OF IN & IAF)

This data pertaining to minimum of pay in pay band ("MP-in-PB") for all groups and categories of JCOs and ORs and their equivalent ranks Navy and Air Force has been extracted from Circulars of PCDA (P) issued during the currency of  6 CPC is placed below in the table for the convenience of All Ranks other than officers..

These then are the figures of Minimum Pension  for  a Rank, Group and Categories  irrespective of the years of service rendered by various ranks. In case one is getting more than these figures will continue to do so, however, where ever one has been getting lesser than these figures will be entitled to the benefit of this Delinked Rule, Full Pension for PMR Cases.

All other tables corresponding to 6th CPC  are also available in this blog site and can be viewed under the post "PENSION JCOs & ORs (ARREARS)"   at http://signals-parivaar.blogspot.in/2015/05/pension.html

HOW TO GO ABOUT CALCULATION OF  ARREARS OF JCOs & ORs.


1.  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

7.  Add the results these are your likely Arrears. 

Let us understand with the help of example of  "Nb Sub / JWO / CPO"  of  "Y" Group. retired with 20 Yrs of service.....

     (a)  The "MPinPB" for Rank & Gp is Rs 16660/- hence the BASIC PENSION is half of it i.e  Rs 8330/- .
    (b)  Pensions as per Circulars = 547 is Rs 6311,  430 is Rs 8088/- & 501 is Rs 8088/-
    (c)    Differences  (1)  8330-6311= 2019,   (2)  8330-8088= 242,  (3) 8330-8088= 242.
            
 NOTE - In case  the pension figs of the Cicular are more than the "MP-in-PB", No arrears are due in such a case for the period and the current pension which is more than "MP-in-PB" will continue.

     Arrears :-  
              (1)      2019X46.02=92914,
              (2)       242X57.62= 13944,
              (3)       242X38.76= 9622,
                                  TOTAL  =  116480

  Its simple , Isn't it.




COMPARITIVE TABLE JCOs AND ORs - VARIOUS CIRCULARS





NOTE  --
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MoD Letter on delinking of QS for PMR Cases Dt 30 sep 2016
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The Annexures A to D have already been placed above.




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MINISTRY OF PPG & P ( DEPT OF P & PW LETTER DATED 06 APR 16
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No. 38/37/08-P&PW (A)

Government of India

Ministry of Personnel, PG & Pensions Department of Pension & Pensioners' Welfare

3rd Floor, Lok Nayak Bhawan Khan Market, New Delhi-110 003. Dated the 06th April, 2016

OFFICE  MEMORANDUM

Snb:-  Revision of pension of pre-2006 pensioners - delinking of revised pension from qualifying service of 33 years.

The undersigned is directed to say that as per Para 4.2 of this Department's OM of even number dated 1.9.2008 relating to revision of pension of pre-2006 pensioners

w.e.f. 1.1.2006, the revised pension w.e.f. 1.1.2006, in no case, shall be lower than 50% of the sum of the minimum of pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. A clarification was issued vide DoP&PW OM of even number dated 3.10.2008 that the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale.

2.                   Several petitions were filed in the Central Administrative Tribunal, Principal Bench, New Delhi inter alia claiming that the revised pension of the  pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner  had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30th August, 2008. Hon'ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010  and three other connected OAs directed to re-fix the pension of all pre-2006 retirees w.e.f. l.1.2006  based  on  the  Resolution  dated  29.8.2008 of  the  Department  of  Pension  &

Pensioners' Welfare and in the light of the observations of Hon'ble CAT in that order.

3.                    Orders were issued vide this Department's OM of even number dated 28.1.2013 for stepping up of pension of pre-2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner retired. Para 5 of this OM provides that in case the consolidated pension/family pension calculated as per para 4.1 of 0.M. No.38/37/08- P&PW (A) dated l.9.2008 is higher than the pension/family pension calculated in the manner indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

4.                    Subsequently, in compliance of the order dated 1.11.2011 of the Hon'ble CAT, Principal Bench in OA No. 655/2010, order dated 29.4.2013 of Hon'ble High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon'ble Supreme Court in SLP (C) No. 36148/2013, order were issued vide this Department's OM of even number dated 30.7.2015 that the pension/family pension of all pre - 2006 pensioners/family  pensioners   may be revised in accordance with this Department's

O.M. No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012.

5.                  In accordance with the order issued in implementation of the recommendation of the 6th CPC, the pension of Government servants retired/retiring on or after 1.1.2006 has been delinked from qualifying service of 33 years. In OA No. 715/2012 filed by Shri.

M.O. Inasu, a pre-2006 pensioner, Hon'ble CAT, Emakulam Bench, vide its order dated 16.8.2013 directed that the revised pension w.e.f. 1.1.2006 under para 4.2 of OM dated 1.9.2008 would not be reduced based on the qualifying service of less than 33 years. The appeals filed by Department of Revenue in the Hon'ble High Court of Kerala and in the Hon'ble Supreme Court have also been dismissed. Similar orders have been passed by Hon'ble CAT/High Court in several other cases also.

6.                  The matter has  been examined in consultation with the Ministry of Finance (Department of Expenditure). It ·has--ll6w been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre­ revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service ofless than 33 years at the time of retirement. Accordingly, Para 5 of this Department's OM of even number dated 28.1.2013 would stand deleted. The arrears of revised pension would be payable with effect from 1.1.2006.

7.                  Ministry of Agriculture, etc. are requested to bring the contenwot'these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and Subordinate Offices under them for revising the pension of all those pre - 2006 pensioners who had rendered less than 33 years of qualifying service at the time of retirement in the manner as indicated above on top priority. Revised Pension Payment Orders in all these cases may also be issued inunediately.

8.                  All pension disbursing offices/banks are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

9.                  This issues with the approval of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 2(9)/EV/2015, dated 15.3.2016.

I0.        Hindi version will follow.

                                   (SIGNED -  SEEMA GUPTA)

                                                                     Deputy Secretary to the Government of India

To

1.     All  Ministries/Departments  of Government  of India.  (as per  standard  mailing list).

2.      All SCOVA Members

3.      All identified Pensioners Association

Copy to      (i) NIC Cell for uploading on the website of the Department.

(ii) AD (OL), DoPPW for Hindi Version

DOWNLOAD SIGNED COPY -  CLICK

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Dear Veterans,

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