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Saturday, November 22, 2014

Disability and Casualty pensionary awards further enhanced: orders issued for civilian pensioners and would be soon issued for defence pensioners

As many would recall, with effect from 01-01-2006, various forms of pensions were calculated and based on the minimum of the new pay bands introduced by the 6th Central Pay Commission rather than the minimum of pay for each separate grade/rank within the new pay bands according to the new fitment tables.

This controversy was ultimately resolved on judicial intervention and the Government ultimately relented and removed the anomaly, though only from September 2012 rather than January 2006 which was in fact the day of the inception of the said anomaly.

That matter went till the Supreme Court which was pleased to affirm the orders of the Delhi High Court which had in turn directed that the benefits were to flow from January 2006 and not from the artificial future date of September 2012. Even the Review and then the Curative Petitions filed by the Government against the decision of the Delhi High Court were later dismissed by the Supreme Court. Of course, the Government did not issue universal orders and has re-agitated the matter in the Supreme Court in many other cases.

Notwithstanding the controversy of revised arrears from January 2006 versus September 2012, another anomaly that persisted was that though the anomaly in the regular pension now stood rectified, the calculation of casualty pensionary awards was still being based upon the minimum of pay band rather than the minimum of pay within the pay band for each grade/rank.

The said anomaly has now been rectified with effect from September 2012 and orders have been issued for civilian pensioners ordaining that casualty pensionary awards shall also be based upon the minimum of pay within the pay band for each grade/rank according to the fitment tables rather than the minimum of the pay band itself.



Orders for defence pensioners are to be issued by the Department of Ex-Servicemen Welfare (DESW) of the Ministry of Defence and are expected soon since the financial clearance has already been accorded.

6 comments:

Radhakrishnan said...

Most respected sir,

I am disabled (Above knee amputation on duty - 80%) ex-serviceman (10 years & 3 months srvice- retire on 20.05.1993-Group B. Sir, I am eligible this benefit. If you know the calculation kindly help this disabled soldier. Thanking you and best regards, Radhakrishnan, Pondicherry

Anonymous said...

Maj Navdeep,
Kindly advise about the orders for regular pension to be paid wef 1-1-06.
I am a Lt Col , retired much before 1-1-06 and have been paid @26265 pm
only wef 24-9-12 and @25700 pm wef
1-1-06.
The minimum guaranteed pension for Lt Col (pre 2006)is 26265 pm wef 24-9-12.
Any reader may also please advise.
Thanks.
colakjain@gmail.com

sitendra kumar said...

This is a step in right direction.The anomaly has been rectified.However, what has happened to the CHATROLL?

Sreekumar G Nair said...

LNavdeep sir,
Spoke to col Handa sahib of diswave about this and he said he will follow up this with desw to publish this in their web.sir,request you too take this up with desw since many mails and grevience lodging is not fetching results,regards sir
Hmt sreekumar nair

LT COL CK KAUSHIK(RETD) said...

Thanks a lot for the info. What about Defence pers? Any orders issued?

Lt Col CK KAUSHIK(Retd)

Unknown said...

Sir,railway board published the order for their disabled on 10 DEC,so where are our dept of ex service welfare?and will they ever publish this?