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Thursday, January 8, 2009

URGENT for (1) Pre-06 pensioners getting a pension lower than their juniors & (2) Personnel who retired between 01-01-06 and 02-09-08

There are some urgent guidelines which need to be amplified for pre-06 pensioners of senior ranks who have been granted a pension that is lower than that of junior ranks and for personnel who retired between 01 Jan 2006 (implementation date for 6th CPC) and 02 Sept 2008 (acceptance date for 6th CPC). These are explained in the following paragraphs. Though emails are welcome on any issue, individual queries or requests for calculations may please not be endorsed to me due to paucity of time at my end, such requests may be posted as comments to this post which in turn can be answered in the public domain by all of us.

Pension of pre-2006 pensioners who have been granted a revised pension lower than that of junior ranks.

In the revised Annexure-II of the new pension tables as per Govt of India, MoD Letter dated 11 Nov 2008, there are instances wherein the pension of lower ranks has been reflected higher than that of higher ranks. For example, the basic pension for each rank is 50% of the total of minimum of pay band + Grade Pay + MSP. Now by this formula, the basic pension of a Brig is bound to be more than those of Maj Generals and Lieut Generals since MSP is not admissible to Maj Gens and Lt Gens. It has however been decided by the Hon’ble Apex Court that the pension of a Maj Gen cannot be lower than that of a Brig and keeping this in view, in the pension tables initially issued, the MoD had rightly stepped up the pension of Maj Gens and Lt Gens to a level equivalent to that of a Brig (Rs 26150). But strangely these tables were revised and in the latest tables again the pension of Maj Gens and Lt Gens is reflected as lower than Brigadiers. This however is in conflict with the law of the land as laid down by the Hon’ble Supreme Court and the MoD has also resultantly added a little disclaimer as a Note under Annexure-II which may escape the naked eye. It says :

“In case the pension of a senior rank happens to be less than the revised pension of a lower rank, which may happen in rare cases, such cases may be referred to pension sanctioning authorities concerned”

Practically the above means that in case a higher rank is getting pension lesser than a lower rank, it is to be stepped up by the Pension Sanctioning Authority. So please peruse the pension tables meticulously which are available at the MoD website by clicking here and undertake the following in case your pension is being reflected lesser than any lower rank :-

(a) Inform the bank (Pension Disbursing Authority – PDA) in writing requesting them to take up your individual case with the PCDA(Pensions) Allahabad (Pension Sanctioning Authority – PSA).

(b) Immediately inform the PCDA(P) through an individual letter explaining that your pension is lesser than that of a lower rank. Please inform them of all details such as your PPO number, Bank account / name and address.


Personnel who retired between 01-01-2006 and 02-09-2008.

Personnel who retired between 01 Jan 2006 and 02 Sept 2008 have been granted a commutation of pension at the old (5th CPC) rates. Such personnel now have an option of re-calculating their commutation under the authority of this MoD letter dated 12 Dec 2008 which is available on the MoD website by clicking here.

The following is important in this letter :

“In the case of those pensioners in whose case commutation of pension became absolute on or after 1.1.2006 but before 2.9.2008, the pre-revised Table of Commutation Value for commutation of pension has been used for payment of commuted value of pension based on pre-revised pension. Such pensioners shall have an option to commute the amount of pension that has become additionally commutable on account of retrospective revision of pay/pension on implementation of the recommendations of the Sixth Central Pay Commission. On exercising such an option as per Annexure-II by the pensioner, the revised Table of commutation value of pension will be used for the commutation of the additional amount of pension that has become commutable on account of retrospective revision of pension with reference to age next birthday already reckoned for commutation of pre-revised
pension.”

“The Armed Forces personnel who had already retired/discharged/invalided out from service during 1.1.2006 and 1.9.2008 and have availed of the benefit of commutation of pension not exceeding maximum permissible limit (i.e. 43% & 45% in respect of commissioned officers and PBOR respectively) within one year of retirement/discharge/invalidment, the benefit of commutation of additional pension (i.e. 50% less the percentage already commuted), will be allowed with reference to the age next birthday as on the date of fresh option as per Annexure-II without medical examination by applying revised commutation value Annexed to this letter. In case of Armed Forces personnel retired/discharged/invalided out during 1.1.2006 to 1.9.2008 and had not availed the commutation of pension upto maximum permissible limit within one year of retirement/discharge, the benefit of commutation of additional pension as at Para 9.3 above may be allowed with reference to age next birthday as on date of fresh option after medical examination. The pensioners who have already undergone medical examination in the latter case need not be medically examined again for this purpose.”

Exercise your option after going into the modalities by perusing the said letters which are available on the official MoD website http://www.mod.nic.in/

“Choose wisely and you’ll find me in the mellow of your mind” – Prince (2001)

21 comments:

Warrior said...

Dear Navdeep while fixing the pay of major Gen MSP is taken notionally and thus effect carries on till Officer becomes Army commander(80,000 ) similar provision needs to be done for pensioners to avoid this ambiguity.Alternatively calculation needs to be done assuming that an officer joins at 15600 and when he reaches Brig Maj Gen Lt Gen at what scale and that amount be fixed as min pension.Since a Brig gets 2-3 increments before being promoted same consideration needs to be given for pension also

V K Das said...

It is typical of our civil servants to create this type of confusion. There was no need to amend the figures to create the anamoly and then ask it to be dealt with as a "rare case".Unnecessarily we have to write letters to the PCDA(P) and the bank concerned and neither of these reply to the letters or take action unless you personally go and contact them which is not possible for everyone. A lot of old pensioners who are sick and infirm will suffer and so will family pensioners who are ignorant of what is going on.There must be some method of taking this up centrally with the MOD and the PCDA(P)by our ex-servicemen associations..

Anonymous said...

Dear Maj.Navdeep Singh,

You have been doing commendable service to the soldier fraternity. We can never pay you back for your selfless and untiring service.

It's not even funny to read the pension tables after the rulig by the Hon'ble court.

Can we get the pay packages and WOP of the armed forces officers and civil officers both pre and post independence.

Thanks once again.

Anonymous

Col VT Venkatesh(Retd) said...

Hi Navdeep
What about parity between pre 2006 & post 2006 pensioners of the same rank?

Kumar said...

What talking of parity of pre and post 2006, even there is no parity in pension, Gratuity and Commutation between offr retired on 31 Aug 08 and those retired on and after 02 Sep 08 of the same rank, though the Sixth Pay commission is implemented in retrospect from 01 Jan 06. WHO IS TO BE BLAMED FOR THIS?

Harpal Saini said...

as pre 2006 retiree cases, we had a formula for calculating our commutation amount. Now, in case of retiree ( 01.01.06 to 2.09.08), how can we calculate the additional amount payable to us by way of commutation. Can you please do some maneuvering here and throw some light.

thanks

Anonymous said...

Navdeep, Thanks.

When can Post 2006 retirees look for Corringendum on Leave Encashment and Gratuity ? And whom does one send to - the Option (Annx II)as regards to Commutation.

Anonymous said...

Harpal pl go through notification for pen for post 1 JAN 2006 RETIREES. METHOD FOR WORKING OUT PEN ETC IS GIVEN THERE

Anonymous said...

FOR PRE 2006 PENSIONERS THE MINIMUM OF PAY BAND IS TAKEN FOR PENSION AND REDUCED PRO RATE TO 33 YRS.THUS SENIOR RANK IN THE PAY BAND R LOOSERS.
WHY THIS DISPARITY.

rg said...

Tell me what will be the pension of LtCol retiring post 02 Sep 08

Fed Up said...

Maj Navdeep u r doing a great Job. Would it be possible for u to accept donations from some of us and may be start a association/ lobbying or pressure group,place advt in papers etc.I will be more than happy 2 canvas

PARDY said...

rg it will be 50% of average of last 10 months( basic pay + GP + MSP

Lt Cdr Vikrant Malhan said...

Good Morning Sir,
A welcome site for all of us hungry to know whats happening around inside! Wish to know what is happening on the maternity leave? Is it likely to come through in a month or so?
Rgds
Mariner

Anonymous said...

Dear Major,

Throw some light on to whom should we send the Appedix II to commute additinal amount as per new orders.

Thanks,
venkat

ghanshyam said...

Hi Navdeep
I retired as Col(TS) on 31 May 2006 i.e. five months service in pre-revised pay scale & five months service in Post revised pay scale. My basic pay was Rs. 16900, Rank pay Rs.1600 & D-Pay Rs.9225 . My pension was fixed Rs.13875. I would like to know following:-
1. What would be the best option for me as asked vide Annexure II to MOD letter No17(4)2008(2/D(Pen/Policy) dated dated 12.11.2008 .circulated vide letter No17 (4) /2008(2)/D(Pen/Policy dated 27/11/2008.)
2. For calculation of gratuity is it a 10 months average emoluments or last pay drawn?

Anonymous said...

Dear Maj Navdeep.

Extremely informative service.
Well done.

Can I know if NPA will be taken into account for caculating pension of pre 06 Lt-Cols ?

spy said...

Dear Navdeep - Are you aware when the arrears of pension, gratuity and pension commutation will be paid for pensioners who retired post 01 Jan 2006? Despite calls to CDA and CDA(Pensions), there are no clear inputs in this regard.

rakesh said...

Myself rakeshchugh2003@gmail.com. I retired in march 06 but could not come to know the amount of pension I will get after declaration of 6th CPC. I feel they will give some pennies to us when potato will be @ 100/kg and dal @ <200/kg. thanks to our services we have given. The most of the websites funded by the govt. deptt of defence are not updated.

Anonymous said...

AKM

Dear Good Samaritan,

The revised Grautity and commutation is taxable ?
The CA's don't have order for exmpetion of I Tax.
The old order is limiting Grautity to Rs. 3.5 Lacs.
Any info on this please.

Asadha said...

Sir, I, an Ex. Recruit, was boarded out with pension in 1992 and I commutated by pension in 1996. after 15 years the commutated amount is repaid and I am 38 years old now. Can I apply for another commutation?

leelanair said...

12Dear sir, I am Ltcol(MNS)Leela who took premature retirement in Dec 2004 after 22 years of service. My medical category was P2 permenant for Hypertension and was not given any disability pension. I wrote to AHQ pension deparment and the repled saying I am not authorised for disability pension because of premature retiremen. But my same batch mate who took premature retirement after 2006 is getting disability pension. Please advise me sir.