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Monday, November 8, 2010

Q & A (13)

Readers may send in their Questions through email for a Q & A session with ‘Q&A’ as the subject. For rules, please read this post.

My late friend’s wife is getting under Rs 10,000 as family pension. My friend was a Lt Col. Is she getting the correct pension ? (Brig Gurjit Singh)

No. Your friend’s wife should be getting Rs 15420 as basic pension w.e.f 01-01-2006 + DA applicable from time to time. The figure arrived at is 30% of minimum of pay of a Lt Col + MSP + Grade Pay.

I was injured in 1948 Ops but am being paid normal disability pension and not war injury pension. The PCDA(P) says that war injury pension was introduced only after the 1971 war but I personally know of a soldier who is getting war injury pension for a disability sustained in 1962 war. What is the correct position ? (Ex-Hav Teja Singh)

The PCDA(P) is wrong. War injury pension (earlier known as war injury pay) was introduced by the Govt of India in 1972 for future as well as past operations. The concept is applicable to all operations after 15 August 1947. You may take up the case through your Records Office.

Is the family of a missing person (declared deserter) who has not been apprehended, entitled to family pension ? (ABC)

Please see this earlier post for answer to the above.

What is invalid pension and how is it different from disability pension ? (Ram Murthy)

Invalid pension is granted for disabilities which are neither attributable to, nor aggravated by service. There is a minimum service requirement of 10 years to earn an Invalid pension. Disability pension, on the other hand, is granted when the disability is attributable to, or aggravated by service in accordance with rules. There is no minimum service requirement to earn a disability pension and even recruits are entitled to the same.

Is an ex- Sergeant of the Air Force who gets re-employed in a govt organisation entitled to DA on his pension ? (XYZ)

All personnel below Commissioned Officer level on the defence side and below Group A level on the civil side are entitled to DA on pension in case they are re-employed in an organisation at the bottom of the scale without taking the benefit of increments for their military service. This was made applicable w.e.f 18-07-1997.


Lt Col G K Mohan Rao said...

The invalidment is done before terms of engagement/superannuation if a person is found unfit to perform any fruitful service. The pension applicabilty is determined on the length of service and/or attributable or aggravated factors

Anonymous said...

see the latest Order on MSP dated 08 Nov 2010 Follow the link:

Treatment of Military service Pay

Source: www.persmin.nic.in

Anonymous said...

Fixation of pay of re-employed pensioners -Treatment of Military service Pay
November 8, 2010

No. 3/19/2009 Estt. Pay II
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 8th November 2010

Office Memorandum

Subject: Fixation of pay of re-employed pensioners -Treatment of Military service Pay

The undersigned is directed to refer to the orders issued vide OM dated 5.4.2010 on fixation of pay of re-employed pensioners. These orders inter-alia lay down that on re-employment in civilian organizations, Military Service Pay shall not be admissible. However, the benefit of MSP given to all retired Defence Forces officers/personnel by reckoning it at the time of calculation of their pension (notionally in the case of pre-1.1.2006 pensioners) should not be withdrawn. Accordingly, while the pension of such re-employed pensioners will include the element of MSP, they will not be granted MSP while working in civilian organizations.

In the instructions issued by the Ministry of Defence vide their letter No. 1/69/2008/D(Pay/Service) dated 24th July 2009, Pre-retirement pay has been defined as under:

(i) In respect of re-employment taking place on/or after 1.1.2006 pre-retirement pay for those who retired after 1.1.2006 means the pay in the pay band plus grade pay but inclusive of Non-Practicing Allowance (NPA) if any, last drawn before retirement.

(ii) In case of officers who retired before 1 .1 ,2006 and also those who retired after 1.1.2006 in the pre-revised pay scales without opting for the revised pay scales promulgated on or after 1.1.2006 the pay will be basic pay including stagnating increment and Rank pay plus the Dearness pay and Dearness allowance drawn at the time of retirement.

As per these orders, for pre-2006 retirees rank pay is included as a part of pay but for post -2006 retirees, the MSP is not reckoned in the pre-retirement pay for the purposes of pay fixation on re-employment. However, for pension purposes the reckonable emoluments are – basic pay + grade pay + MSP + NPA wherever admissible. Therefore, while MSP is not taken into consideration for the purposes of pay fixation on re-employment, the element of MSP in pension is deducted.

It has been decided in consultation with the Department of Expenditure, that since the element of MSP is not reckoned in the pay fixation on re-employment, it need not be reduced from the pension either. Hence, In respect of all those Defence officers/personnel, whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment.

(Mukesh Chaturved)
Deputy Secretary

Anonymous said...

Regarding first question on pension for deceased Lt Colonel's wife-
I think her pension will also depend upon the date of death and date of birth of her husband.
She is entitled for enhanced rate of family pension upto 7 years after the demise of her husband or upto the date on which her husband would have been of 67 years; whichever earlier.

Anonymous said...

With regards to first question,after VI CPC, enhanced rate of family pension for post
retirement death remains unchanged at seven years; however, for in-service death of
an officer, the enhanced rate of family pension is now extended to 10 years from
earlier period of 07 years. For those cases where enhanced rate of family pension for
seven years has been completed before 01 Jan 06, there is no change. However, if
seven years of enhanced pension is falling due on 01 Jan 06 or beyond (for service
death cases only), then the case has to be taken up with the concerned office to extend it up to 10 years.

shaan56 said...

Point pertains to IT exemption for the service element and disability element when disability pension is sanction on super annuation.

It is often stated that Disabled soldiers are exempted from Income Tax on their pensions and disability pensions vide Govt of India, Ministry of Finance Letter No 200/51/99-ITA.I dated 02 July 2001, under which section of the IT Act 1962 is not clear. If it is Sec 10, i have searched for it and i cannot find it.

Please clarify.

Col Sundaram

som said...

Is the above letter applicable for the ex-serviceman who are working in Public Sector Bank? Pls clarify.
Somnath Biswas

Tukaram V Manerajurikar said...

To:- Som, Yes it is applicable to reemployed exservicemen w.e.f. 18.07.1997 provided that their pay on reemployment post is fixed at the minimum of payband and while fixation of pay entire pension is ignored. For clarifiactions contact me on E-mail ID tukaramvasudev@gmail.com

Unknown said...

I am ex sgt likely to join tnpse gp iv as junior asst. kindly clarify the pay fixation as per the last pay will be application for tnamil nadu govt jobs or not.

Unknown said...

Sir ,i am ex hav sk singh retired from corps of signsls now re EMP in rly as remployment basis. I am entitled for pay re fixation.