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Thursday, September 3, 2015

MoD orders issued for implementation of decision of the Supreme Court granting arrears of pension from 01 Jan 2006 rather than 24 Sept 2012

The subject was discussed in detail in this post of 30 July 2015.

It was also informed on 22 Aug 2015 through this post that the sanction letter on the defence side was under issuance.

The Ministry of Defence has implemented the decision and issued the universal sanction letter.


27 comments:

Anonymous said...

Thank you sir.

corona8 said...

Thank you for the update. Perhaps PCDA circulars would now also follow with tables. It could be that the previous tables would continue with only the date being changed. But this would have been the most appropriate time for rectifying the old anomalies pensions (under non-OROP fixations from 01 Jan 2006) of Maj retirees with more than 20 years and Maj/Lt Col retirees with more than 26 years of service. In view of contents of the letter, I don't think the tables will attempt to deal with that as I had tried to suggest.

JUSTIN said...

SIR THE CHART IS PREPARED AFTER ADDING WEIGHTAGE BUT WEIGHTAGE IS TAKEN WRONGLY HOPE PCDA P WILL CORRECT IT. THE FIGURE OF LAC PENSION IS WORKED OUT AS 25/33 x6445 =4883
AND PENSION OF CPL/SGT FALLS BELOW SO CPL/SGT PENSION IS STEPPED UP BUT THE WEIGHTAGE TAKEN FOR LAC IS WRONG IT IS SUPPOSE TO BE 12 AND NOT 10 AND FIGURE SHOULD BE 5273.

I HOPE THE FULL PENSION CHART W.R.T. M.G.P. FOR 15 YRS SERVICE(DE LINKING OF 33 YRS CRITERIA) FOR JCOS/ORS IS STILL AWAITED......

JWO raghuramireddy said...

In all cases minimam 50 %pay not fixed exaple jco s pay PB 2 minim um9300+4200+2000=15500÷2=7750 so it is much more less now in the table shown

prasant borah said...

Dear sir this chart for minimum pension is totally wrong for PBORS and showing 1400 to 1500 less pension for every one which they are drawing now. A clarification in this regard is much awaited from your end please.

sgt jaipal vashist said...

Dear sir,
Thanks a lot for uploading the letter. As you have gone through the entire letter, it seems some confusion regarding arrears for other ranks. Would you please clarify whether we will get the arrears from 01-01-2006 on the basic, we are drawing since 24-09-2012 or as per the amount reflected in table of this letter.

ravi said...

Sir,
I request you to kindly analyze this order as this order has reduced the pension of all PBOR who have rendered service less than 28 years.
Sir, as per 6th pay commission recommendation the linkage of full pension with 33 years of qualifying service was abolished and full pension(ie 50% of minimum of fitment table for rank in revised pay band + Grade Pay + MSP + X group pay) is authorized with 20 years of service.
But this order has authorized full pension only to the PBOR with service more than 28 years, which is totally wrong.
Kindly look into it otherwise majority of PBOR have to pay recovery wef 01-01-2006.
This is a shock before OROP to all PBOR.

Abe said...

Major Navdeep, Thank you for all your efforts. Much appreciated

Raxas said...

Very Sad how they play around with Veterans using words. Para 2 of the letter says " at the rate of minimum of fitment table for the rank...". Has anyone got a copy of the letter quoted in Para 5, namely GoI, MoD letter No.1(11)/2012/D (Pen/Policy)dtd 17.01.2013 or the letter quoted in Para 4? Could you pleae share a copy with us.

Maj Navdeep, As usual a stellar job. And thanks for moving to Media Fire. I henceforth confer you the title of Saint Navdeep for your exceptional devotion to the supreme duty of giving people their god given rights.

P.Vigneshwar Raju said...

Sir it seems that these orders are issued again based on prorata reduction as per qualifying service. The tables suggest the same. Can you kindly explain how the calculation was made to arrive at the table. As per my knoledge the minimum pay of a GP-1 Sgt is Pay is 9300+2800+1400+2000=15500 and the pension is supposed to be 7750. Whereas, the pension to a 15 year Sgt is shown as 4883/-. Kindly revert back.

Ex.Sgt.B.K.Sharma said...

The tables givenwith the MOD's order dtd.03.9.2015 appear to be wrongly cajculated. Para-4 of DOPT OM dtd30.7.2015 reads as under-
4. Accordingly, in compliance with the above judicial pronouncements, it has been decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of24.9.2012. Further, this benefit has already been granted to the Applicants in OA No. 655/2010 vide OM of even No. dated 26/08/2014 read with OM dated 19/09/2015 following dismissal of SLP (C) No.23055/2013 by the Hon’ble Supreme Court.
Hence it appears that the said tables arenot prepared in accordance with para-4 of DOPT OM dtd.30.7.2015. This fact should be brought to the notice of the MOD>Thanks
Ex.Sgt.B.k.Sharma

ranjan said...

Sir please clarify about VRS , If a NAIK is going to discharge in 16.7 yrs ( On Low medical catageory ) by filling Un-willing to service & getting Service/Madical pension is entited to OROP ?

rajesh gill said...

sir this MOD orders/tables are null for PBOR cases because they have not considering the revised pay scale as per VIth pay commision has recommended for minimum pension, if you see the letter for disability pension they have considered it as per VIth CPC recommendation but not for 50% minimum pension for PBOR sir please take up this matter with the MOD since you are our great supporter.

with thanks
Rajesh Gill
Ex petty officer
Indian Navy
mob. 7737262375

Vish Sharma said...

SIR IS ANY TWIST TO JCO?OR TABLE, REVISION FROM 1.01.2006 PAYMENT OF ARREARS BECOZ 2ND PARA 3 SENTENCE OF THE LETTER SAYS THAT IT WOULD EFFECT TILL 2009.

naiju thomas said...

Dear Maj Navdeep,

What is the pay structure of Maj /Lt Cdr?
PB3 is common for Lt,Capt & Maj.

Hence this question to understand the minimum pay in the rank of Maj.

Regards

Lt Cdr Thomas

KOMAL SINGH SHARMA said...

Hello sir,

Thanks for yours valuable efforts towards solving problems for defense personnel's.
Kindly reply the effect of these orders on pre 2006 Hony nb. sub cases w.r.t which rank their arrears will be calculated as NB Sub? or else ?

GaviniVN said...

Sir,
I AM DEEPLY HURT/DISTURBED AND IT PAINS ME TO ASK THE FOLLOWING

1. IS THAT A CRIME TO JOIN AFs AND SERVE THE COUNTRY?

2. WHY ESM ARE AGAIN DENIED FULL PENSION ARREARS WEF 1.1.2006?

Kindly click the following link on MOD Order of 3.9.2015, Pension arrears wef 1.1.2006 for JCOs/NCOs and ORs (Table A- Army, B-Airforce and C- Navy).

http://ex-servicemenwelfare.blogspot.in/2015/09/revised-tables-for-minimum-guaranteed.html

The order says, that the PCDA(P) will issue a circular and then the Banks and DPDOs start paying arrears.

(Pension arrears (wef 1.1.2006, wef 1.7.2009 and wef 24.2009) orders were issued on 30.7.2015 and they all already got their pension arrears in Aug 15.

And Pension arrears (wef 1.1.2006, wef 1.7.2009 and wef 24.2009) orders were issued on 3.9.2015 and they are likely to get their qarrears in this month).

Now, I wish to place the following sample Pension case of a Sgt ('Y' Gp - III) with 17.5 yrs, to be revised as per 3.9.15 order:-
-----------------------------------------------------------------------------------------
BP Revised as per BP Revised as per BP Revised as per BP Now Revised MOD Order Cir.397 wef 1.1.06 Cir 430 wef 1.7.09 Cir 501 wef 24.9.12 d/d 3.9.15 (Cir under issue)
---------------------------------------------------------------------------------------
Rs.4065/- Rs.5416/- Rs.5877/- Rs.4605/- wef 1.1.06.

Rs.4605/- Rs.6132/- Rs.6653/- --
(Worked out based on the BP now revised wef. 1.1.06, which entails subsequent revisions as the revisions done for Officers and Civilian employees, BASED ON 30.7.15 ORDERS. The figures arrived are subject to correction)
-----------------------------------------------------------------------------------------

But as per the second sentence of para 3 of above order of MOD, ................ However, where revised pension in terms of GO], MOD letter No.PC-10(1)/2009-D(Pen/Pol) dated 08.03.2010 and No. 1(13)/2012/D(Pen/Policy) dated 17.01.2013 is higher than the rate indicated in annexure attached with this letter then the same will continue to be treated as basic pension/family pension from 1.07.2009 and 24.09.2012 respectively.

That is to say,
------------------------------------------------------------------------------------------------------------
BP now to be Revised as per BP Revised as per BP Revised as per MOD Order dt 3.9.15 Cir 430 wef 1.7.09 Cir 501 wef 24.9.12

Rs.4605/- *Rs.5416/- *Rs.5877/- (remain same)
---------------------------------------------------------------------------------------
the arrears for diff of Rs.4605-4065 = 540 + DA variables from 1.1.06 to 30.6.09.

As per the MOD Order of 3.9.15, para ----- 6. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be allowed from 01.01.2006 up to the date where revised pension/family pension in terms of GOI, MOD letter No. PC 10(1)/2009-D (Pen/Pol) dated 08.03.2010 and No. 1(13)/2012/D (Pen/Pol) dated 17.01.2013 is paid.
===================================================================
Can you please clarify Sir.

Thanks

Anonymous said...

As per the latest order issued by the MOD my basic pension has been shown as Rs 5059/- PM wef from 1.1.2006. But wef 24.09.12 my basic pension was revised to Rs 6453 PM which actually be my basic pension from 1.1.2006. If it were to be true than there is difference of Rs 75 between my pension as per letter dated 11.11.2008 and latest letter issued on 3.9.2015. As per the letter dated 24.09.12 we were given weightage of of two year extra service for example I put in 20 yrs service Iwas given the pension appplicable for 22years. I humbly request yoy to kindsly put some light on the issue. I retired in Jan 2001.

Thanks

Mukesh Vaid
Ex Sgt

Anonymous said...

Maj Navdeep
Fail to understand as to why these orders are NEITHER on the website of DESW
NOR any circular available on the PCDA(P) site..
Wonder if the orders have been directly sent to the three chiefs and PDAs ( banks) etc.

Punam Anand said...

PCDA issued circular 547 in which pension is again reduced resulting 0 arrears.
Anil Anand
EX IN

HARDEV said...

Dear Sir,
It is Problem for only PBORs

All the documents refers to same SAFI SNI SAI 1/S/2008 that has tables of revised pay Rank wise & Group wise.but at one stage in MOD letter 1(04)/2015 (II)-D (Pen/Pol) dt 03.09.2015 in para 2 has twisted the language to 50% of minimum of revised pension as per table in 1/S/2008.

In PCDA Circular 430 & 501 no such restrictions were imposed

Letter 1(04)/2015 (II)-D (Pen/Pol) dt 03.09.2015 in para 2 arbitrarily went against 17(4)/ 2008/(1)/D (Pen/Pol) 11.11.2008 & SAFI SNI SAI 1/S/2008 in letter & spirit of the Court judgement as well.

Anyway Classification pension to Havildar who were Hon Nb Subedar & GP, MSP, X Gp pay will be paid nevertheless.

The reference documents protects the higher calculated pension but the letter in question forces arbitrary decision by issuers.The tempering in Para 2 has lead to further misinformation in para 3 PCDA Circular 547

PCDA who is also an auditing agency has also failed to notice the contrarian execution of SC Orders

ashok said...

Where is that sir? arrears of pension from 1/1/2006 rather than 24 sept 2012.

Anonymous said...

I think Hony Commissioned Officers would get pension arrears from 1.1.2006 to 23.9.2012 because their pension was not revised wef 1.7.2009

Anonymous said...

Maj Navdeep Sir, Kindly clear my doubt that pre 2006 Hony Lts/Capts would get pension arrears from 1.1.2006 to 23.9.2012 or otherwise as circular No 547 has lot of confusion. Thanks

Anonymous said...

Do circulars 547 & 548 cover SFP&LFP also or separate letter is required?

KOMAL SINGH SHARMA said...

Sir,
Kindly provide yours opinion on PCDA circular no 549 issued on 30-9-15. Which is against the decision of AFT chandigarh orders in case of pension to pre 2006 Hony. Naib Subedars.
Stated as
" However, in case of Havildar granted Hony Nb-Sub drawing pay in the scale of
Havildar’s rank i.e. rank held at the time of retirement, therefore, they are entitled for modified parity with reference to Havildar’s rank i.e. the rank held by the individual at the time of retirement/discharged/invalidment"
Kindly provide urs opinion and remedy .

Rajamanickam said...

PCDA (P) Cir 547 and iys clarification 549 is not correct. Pension enhanced wef:24.9.2012 should be allowed in the sprit of court order and govt letter 30.7.2015. There is no problem for cir 548 which pertains to officers and minimum guaranteed pension worked out is incorrect as same figure is given to Sepoy, Naik and Hav till 20 years service. This needs to be reconsidered.