Minimum Guaranteed Pension for Disability/ War Injury Element as per CSC-2012 recommendation
O/o THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD-211014
IMPORTANT CIRCULAR
REGISTERED
Circular No. 542
Dated: 27.05.2015
Subject: Minimum Guaranteed Pension for Disability War Injury Element as per CSC-2012 recommendations.
Reference: This Office Circular No.456 dated 18.03.2011
(Available on the website of this Office www.pcdapension.nic.in)
A copy of GOI, MOD New Delhi letter No. 16(01)/2014-D(Pension/ Policy) dated 10th April 2015 is forwarded herewith for immediate implementation. The same has also been uploaded on this office website www.pcdapension.nic.in. The same may please be downloaded at your end without waiting for the hard copy of the order and action may be taken accordingly.
2. The following instructions/ clarifications are issued for smooth implementation of MOD letter on the subject.
3. General Guidelines: Implementation regarding revision of various elements of pension may be done keeping in view the following general guidelines:
(i) Applicability: These Orders are applicable to all Pre-2006 Armed Forces Disability/War Injury Pensioners who were/ are in receipt of Disability Pension/ Liberalized Disability Pension/ War Injury Pension as on 24th September 2012.
(ii) Non Applicability:
The provisions of this letter do not apply in the following cases:-
(a) UK/HKSRA pensioners.
(b) KCIOS who are in receipt of pension in Pound or Sterling as on 01.1.2006.
(c) Persons in receipt of Compassionate Allowance/ Guzera/ Reservists Allowance or any other allowance on which relief is not payable.
(iii) Due/ Drawn Statements:
All the payments already made beyond 24th September 2012 shall be adjusted by preparing due and drawn statement. A suitable entry regarding Disability Pension/ Liberalized Disability Pension/ War Injury Pension should be made in Check Register/ Payment Register/ Pension Payment Scroll/Pension Certificate etc.
(iv) Over Payments/Recovery of:
Any overpayment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies against arrears becoming due on revision of pension on the basis of these orders.
(v) Life Time Arrears (LTA):
If a pensioner, to whom benefit accrues under the provisions of this letter, had already died on or after 24th September 2012, the PDAs will itself revise the pension as per this order and LTA may be paid to the family pensioners or his/ her heir. Payment of LTA shall, however, be regulated as per the extant Government orders on the subject matter.
(vi) No Revision where Pre-revised Pension is more beneficial:
In cases where pension has been finally sanctioned under the pre-revised orders and if it happens to be more beneficial than the pension becoming due under these orders, the pension already sanctioned shall not be revised to the disadvantage of the pensioners.
(vii) No additional Commutation:
No commutation will be admissible for the additional amount of pension accruing as a result of this revision. The existing amount of pension commuted, if any, would continue to be deducted from the consolidated pension while making monthly disbursements.
(vii) Elements to be revised by PDAs:
(a) Disability Element (Para 3 of GOI, letter dated 10th April 2015)
(b) Liberalized Disability Element (Para 4 of GOI, MOD letter dated 10th April 2015)
(c) War Injury Element (Para 5 of GOI, MOD letter dated 10th April 2015)
4. Guidelines for Revision of Special Elements:
(i) Disability Pension:
The Disability Element revised in terms of Para 2.2 of GOI, MOD letter dated 04.05.2009 as amended from time to time shall not be less than 30% of the minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC corresponding to pre-revised scale held by Armed Forces Personnel at the time of retirement/ discharge/ invalidment for 100% disability.
For disability less than 100%, the Disability Element shall be proportionately reduced as per period and degree of disability accepted.
However, in cases where permanent disability is not less than 60%, the Disability Pension (i.e. total of service element revised in terms of Para -2.1 of GOI, MOD letter dated 04.05.2009 as amended from time to time disability element (shall not be less than 60% of minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendations of 6th CPC corresponding to the pre-revised scale held by Armed Forces Personnel at the time of retirement/ discharge/ invalidment, subject to minimum of 7000/- PM.
Concordance table showing existing rates and revised rates of disability element for 100% disability for various ranks are given in Table No. 1 to 7.
(ii) Liberalized Disability pension
The Disability Element revised in terms of Para 2.2 of GOI, MOD letter dated 04.05.2009 as amended from time to time shall not be less than 30% of the minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC corresponding to pre-revised scale held by Armed Forces Personnel at the time of retirement/ discharge/ invalidment for 100% disability.
For Disability less than 100%, the Disability Element shall be proportionately reduced as per period and degree of disability already accepted.
However, in no case the revised Disability Pension (i.e. aggregate of service element revised in terms of Para-2.1 of GOI, MOD letter dated 04.05.2009 as amended from time to time plus disability element) shall be less than 80% of the minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC corresponding to pre-revised scale held by Armed Forces Personnel at the time of retirement/discharge/ invalidment.
Concordance table showing existing rates and revised rates of disability element for 100% disability for various ranks are given in Table No. 1 to 7.
(iii) War Injury Pension
The War Injury Element revised in terms of Para 2.3 of GOI, MOD letter dated 04.05.2009 as amended from time to time shall not be less than 100% in case of invalidment and 60% in case of retirement/discharge, of minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC corresponding to pre-revised scale held by Armed Forces Personnel at the time of retirement/ discharge/ invalidment for 100% disability.
For disability less than 100%, the War Injury Element shall be proportionately reduced as per period and degree of disability already accepted.
Concordance table showing existing rates and revised rates of war injury element for 100% war injury for various ranks are given in Table No. 1 to 7.
Note-1: The amount of Disability Element already commuted out of pre-revised disability element should be deducted from the revised disability element till restoration of commuted portion of pension.
2: Tables given as annexure are for 100% disability, for disability less than 100% Disability/War Injury Element shall be proportionately reduced.
3: The rounding off benefit for disability percentage, if applicable, under rules may also be given.
(IV) Dearness Relief:
Dearness Relief shall be admissible on the revised rates sanctioned from time to time vide Ministry of Personnel, Public Grievances and Pension (Deptt. of Pension and Pensioners’ Welfare). While calculating dearness relief on disability pension, service element and disability element, both will be taken together.
5. Tables from No. 8 to 13 showing the revised pay structure introduced with effect from 01.01.2006 corresponding to the Pre revised scale & minimum of the fitment for various ranks held by Armed Forces Personnel are also enclosed.
6. Rates/tables for minimum guaranteed pension for Disability/ War injury element for various ranks have been prepared but not table for Hony rank of Naik, Hony Havildar and Havildar granted Hony rank of Nb-Subedar have been prepared.
Disability/ War Injury Element have been calculated with reference to newly introduced pay structure corresponding to the pre-revised scale held by the Armed Forces personnel at the time of retirement/ discharge/ invalidment.
In view of above, it is hereby stated that Hony Rank of Naik, Havildar and Havildar holding Hony rank of Nb Sub draw pay in the pay scale of Sepoy, Naik and Havildar respectively, therefore, they should be entitled for modified parity with reference to substantive rank held at the time of retirement/ discharge/ invalidment except for the Naik (TS) who draw pay Scale of Naik and therefore, should be entitled for modified parity with reference to Naik rank.
7. Re-grouping of Groups-
Groups for all ranks of PBOR have been introduced w.e.f 01.06.1953. Initially there were 8 groups i.e. A, B, C, D, E, F, G and H. These pay groups were regrouped in 5 (i.e. A, B, C, D, E) w.e.f. 01.01.1973 which further regrouped in 3 groups (X, Y, & Z) w.e.f. 10.10.1997. It has been clarified that eight groups have been regrouped in five groups from 01.01.73 and further reduced to three groups from 10.10.1997 are as follows-
ARMY
|
Pre – 1973 |
A |
GP B to D & Gunner GD |
G.H |
|
Post – 1973 |
A |
GP B to D |
E |
|
Post – 10.10.1997 |
X |
Y |
Z |
Similarly, groups of Air Force, Navy are also given below for pre – 73 to Post 10.10.1997 and pre 01.01.1996 to 10.10.1997
AIR FORCE
|
Pre – 1973 |
I |
II,III,IV |
V |
|
Post-1973 |
Ì |
II,III |
IV |
|
Post – 10.10.1997 |
X |
Y |
Z |
NAVY
|
Pre – 1996 |
A |
Other Than A & Group B and Special Group |
C |
|
Post – 1996 |
A |
B |
C |
|
Post – 10.10.1997 |
X |
Y |
Z |
8.Cases to be referred to other Authorities:
(a) Disability Pension:
In cases where permanent disability is not less than 60%, the Disability Pension (i.e. total of service element revised in terms of Para-2.1 of GOI, MOD letter dated 04.05.2009 as amended from time to time plus disability element) shall not be less than 60% of minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC corresponding to the pre-revised scale held by Armed Forces personnel at the time of retirement/ discharge/ invalidment, subject to minimum of 7,000/- PM. In such cases where aggregate of service element and disability element is less than 60% of minimum of the fitment table, such cases are required to be stepped up to 60% of minimum of the fitment table. As corrigendum PPO will be required to be issued by PSA concerned, therefore, these cases will be referred to the respective PSAs for revision.
(b) Liberalized Disability Pension:
In cases where the aggregate of Service Element (i.e. total of Service Element revised in terms of Par-2.1 of GOI, MOD letter dated 04.05.2009 as amended from time to time plus Disability Element) is less than 80% of the minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendations of 6th CPC, corresponding to pre-revised scale held by Armed Forces Personnel at the time of retirement/ discharge/ invalidment, such cases may be stepped up to 80% of minimum of the fitment table. As corrigendum PPO will be required to be issued PSA concerned, therefore, these cases will be referred to the respective PSAs for revision.
(c) War Injury Pension:
In some cases of war injury pension, the aggregate of service element and war injury element has been notified as a single amount in the PPO, in such cases, PDA may not be able to revise the war injury element as well as service element under these Government orders, therefore, such cases will also be referred to PSAs concerned for revision of war injury pension through corrigendum PPO.
Other cases:
In cases, where the PDAs are in doubt regarding the revision in individual cases, the concrete cases with full details of pensioners and PPO number may be referred to:-
(i) Pr. CDA(P) Allahabad:
All types of cases pertaining to the Commissioned Officers to the OI/C, G-I/ Military Section and OI/C, G-3 Section for disability pension. The names of OI/C of the above sections are given as under:-
Officer-in-Charge, G-1/Military Section-Shri H P Verma, Sr. Accounts Officer (P)
Officer-in-Charge, G-3 Section- Shri Shital Das, Sr. Accounts Officer (P)
(iii) PCDA (Navy), Mumbai:
Cases pertaining to the Commissioned Officers and PBOR of the Navy who retired on or after 01.11.1985.
(iii) CDA(AF), New Delhi:
Cases pertaining to the Commissioned Officers of the Air Force and PBOR who retired on or after 01.11.1985.
Sd/-
(G K Baranwal)
Dy.Controller (Pensions)
Source: http://www.pcdapension.nic.in/6cpc/Circular-542.pdf