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MAJ GENs - REVISION OF PENSION - 6 CPC (Gen VAINS CASE)


REVISION OF PENSION FOR ALL PRE-2006 MAJOR GENERALS.
(Implementation of Honourable Supreme Court judgment in Maj Gen VAINS and others Case)

    Govt of india had to finally accept implementation of the above Judgment for all Maj Gens (Letter  - CLICK TO OPEN ) . It means that on 01 Jan 2006 their last drawn pay would have to be re-fixed as if for 6th CPC in line with serving Maj Gens who are similarly placed in Years of Service in Rank and pension be given accordingly wef 01 Jan 2006. The PCDA (O) had issued the revised LPC based on which PCDA (P) has also issued revised Corrg PPO to all the pre 2006 Maj Gens. This results into increase in pension from 01 Jan 2006 to 30 June 2014. Most of the Maj Gens have thus also received their arrears by July 2019. All pre-2006 retired Maj Gens have thus been benefited. 
     We give here how to check the correctness of arrears and how to spread them to the previous years to which they pertain to claim rebate in Income Tax under Sec 89 (l)


    CALCULATION OF ARREARS -  Jan 2006 to 30 Jun 2014
   (Updated  Jan 2019)


Most Pre-2006 retired Maj Gens have already received their new PPOs as per the honourable SC Judgment..
 What is the increase in their basic pension from 01 Jan 2006 to 30 Jun 2014, is the increase in pension fixed as per the new PPO. received by them from PCDA(P) .
  For a particular Maj Gen with 37.5 yrs QS or above his new pension has been fixed at Rs  34855/-  as against Rs 30350/-  (Circular 500) hence there is an increase of Rs 4505/- per month wef 01 Jan 2006 up to 30 Jun 2014 when the same was increased in OROP to 38763 wef 01 Jul 2014.

Please note that the notional pay fixed varies from general officer to gen officer and is in the range of 32000 to 35000 depending on the last pay drawn at the time of retirement. The arrears can be calculated accordingly with a simple multiplication.

The arrears they get are =  4505 X 143.40  = Rs 646017.00  where 143.40 (MAGIC MULTIPLIER) is our derived multiplication factor taking into account DAs from time to time for the said period. ( give +  or – Rs 10/-) -   Simple (hai Na Primary Class calculation) do it yourself as per your pension so fixed –  cheers .

IMPORTANT - RELIEF IN INCOME TAX ON ARREARS RECEIVED.

Since these arrears pertain to the period of Jan-06 to Jun-14 as such they will be entitled to relief in income tax under section 89 (i) . Please read in detail as to how to interpolate the arrears of >6 Lakhs to previous years and take action as given in our web post on this portal as under :-

 http://signals-parivaar.blogspot.com/2017/01/relief-on-income-tax-for-arrears-fy.html 


The relief will be possible only if during the relevant Financial Years one had not been in the 30% bracket for income tax in those years.



The table (copied from the mentioned post) along side  gives the multiplying factor for particular Financial years in order to split the arrears for the previous years. One can read in details in the Relief post as mentioned above. 

Example - Taking the increase of Rs 4505, the part of total arrears which pertain to say Financial year 2008-09 will be 4505 X 13.98 (Factor from above table) . similarly one will know for other years.


*********************

Notional Pay Fixation with Concordance tables 

The MoD letter to implement the Court orders for Maj Gens has been issued (CLICK TO OPEN) , 

The PCDA circular on  tables is awaited . 

 THE Concordance tables prepared by Air Marshal SAVUR HAVE BEEN OBTAINED WHICH HAVE BEEN UPLOADED IN ANOTHER POST IN THIS SITE.

The notional pay fixation method for those officers who are in receipt of OROP has no meaning, they will continue their pension as OROP into 2.57 as basic pension under 7 CPC

It will have some advantage to the post Dec 2013 ( within 6 CPC) retirees for whom the OROP was not applicable. 

4 comments:

  1. From: RADM JMS Sodhi OO425R It has been mentioned that the pension of all Major Generals with 30 or more years of service has been increased from 30350 to 38673 a difference of Rs. 8,323 but you have mentioned the difference as 4505. Please clarify

    I spoke today to NAVPEN and they stated that since I retired in Sep 1993 after 33 years of service with last pay as Rs 7100, then as per concordance tables issued on 18 Oct 2018 my revised pension will be only 31, 625 and not 38673

    I will be grateful if you can cl;arify the above please
    Regards
    JMS Sodhi

    ReplyDelete
  2. The difference between 38673 and 30350 is 8323 and not 4505 as shown by you. However the notional pay fixed varies from general officer to gen officer and is in the range of 32000 to 35000 and arrears can be calculated accordingly. The rest of the calculations are fine
    Maj Gen RK Batra
    ravibatra1@gmail.com

    ReplyDelete
  3. Thank You Gen PK Batra for correcting the error which has been incorporated in the text above
    Brig NK Dhand

    ReplyDelete
  4. Dear Admiral,

    There has been error wherein the figure of OROP got inserted as also pointed out by Gen PK Batra which has since been corrected.

    You are right, the notional fixation of Salary as on 01 Jan 2019 will vary for every General/Air Marshal/Admiral depending upon his last pay drawn at the time of retirement pre 2016.

    Thanks a ton for the comment which is much appreciated.
    Warm regards
    Brig NK Dhand

    ReplyDelete

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