Special Pension under Navy (Pension) Regulations, 1964 to Ex-sailors – Implementation of Supreme Court Judgement dt 06.11.2020
No.4( 10)/2017-D(Pen/Legal)
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/Legal)
Sena Bhawan, New Delhi
Dated 18.11.2020
To
The Chief of the Naval Staff
Subject: Implementation of Hon’ble Supreme Court Orders dated 06.09.2019 and dated 06.11.2020 in Contempt Petition(C) No. 2107/2018 in MA No. 1067/2018 in Civil Appeal No.2147/2011 for grant of Special Pension under Regulation 95 of Navy (Pension) Regulations, 1964 to Ex-sailors.
Sir,
In the matter noted above, Hon’ble Supreme Court of India, vide its judgment dated 06.09.2019 under Article 142 of the Constitution of India, has ordered as under:-
“Needless to observe, the determination of pension must be of actual payable amount as per rules and not in reference to the approximate figure stated in the order dated 27.09.2018. We hope and trust that the Pension Sanctioning Authority (PSA) shall take expeditious decision in the matter and report compliance before the next date.”
2. Accordingly, in supersession of this Department’s previous order of even number dated 22.10.2018, sanction of the Competent Authority is hereby conveyed for grant of Special Pension to the Ex-Sailors appointed prior to 03.07.1976 and discharged on or after 03.07.1976 on expiry of 10 years of service under Regulation 95 read with regulation 98 and 86 of the Navy Pension Regulations, 1964. As ordered by the Hon’ble Supreme Court vide its judgment dated 06.09 .2019 , the determination of pension shall be of actual payable amount as per rules and not in reference to the approximate figure stated in the order dated 27.09.2018. The amount of Pension to be worked out shall be payable from 01.09.2018.
3. Reference is also drawn to the Affidavit filed by DPA(Navy) in December 2019 in the Supreme Court of India along with the calculation sheet prepared by PCDA (P), Allahabad and duly approved by CGDA.
4. The amount of gratuity, DCRG and special pension @ 9,000/- pm paid till date to the beneficiaries be also adjusted against the amount payable, if not already adjusted. Revised PPOs may be issued accordingly.
5. The expenditure incurred on this account will be paid under Charged Expenditure and be debited to the relevant Head of Account.
6. This issues with the concurrence of Ministry of Defence (Fin/Pen) vide their D. No. 17(03)/2020/Fin/Pen dated 02.11.2020.
Yours faithfully
(Sanjay Rawat)
Under Secretary to the Government of India
Rajinder Singh says
Perhaps! the present Central Govt. may the best in the post independence era!
But the nationalized banks through the pension of ex. Servicemen are routed through, are apparently are trying their best to thawed the Govt.’s all efforts! Therefore the Central Government is hereby requested to streamline the Banks Management etc.so that it is made easy for the defense ex. Service men.
For example! my matter, after a great struggle of fighting from the Feb 28, 2019 till to-date, I am not able to make use of money like donation to Coved-19 etc. If I solely dependent on pension, I might have met with Ram Nam Sach?
In that I transferred my pension from the Mumbai to Dera Beas! Finally with the Hon. RM, it was transferred to PNB Dera Beas! I had complied all the rules, now the Ch Manager, Dera Beas PNB, is not informing me despite the complaint to HO GM! My pension was transferred in the August 4/5, 2020 but till Nov 3rd week, I don’t know the fate of my ex.Navy pension? May Almighty God bless me ?
God bless India.