Absence of records of verification of service – What says CCS (Pension) Rules?

Absence of records of verification of service – What says CCS (Pension) Rules?

“Central Civil Service (Pension) Rules, 1972 on 29.8.2014 that in the absence of records of verification of service, the retiring Government servant may submit a written statement on plain paper stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement. The Head of Office shall, after taking into consideration the facts in the written statement admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant”.

Problems of Pensioners

The financial burden on account of pension has shown increasing trend because of, inter-alia, increase in the number of pensioners, periodic release of dearness relief, etc. it is because of pension liability likely to assume unsustainable proportions that the Government had taken decision in December 2003 to switch over form the “defined benefit” based pension to the “defined contribution” based pension scheme in case of Central Government civilian employees (except the Armed Forces) joining on or after 01.01.2004.

As regards lack of proper maintenance of records regarding delay in sanction of pension and other related problems after the employees retirement, a provision has recently been made by amending the Central Civil Service (Pension) Rules, 1972 on 29.8.2014 that in the absence of records of verification of service, the retiring Government servant may submit a written statement on plain paper stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement. The Head of Office shall, after taking into consideration the facts in the written statement admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.

This was stated by Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Rajya Sabha today.

Simplification of procedure for payment of pension and other benefits : Exercise of option regarding.

Simplification of procedure for payment of pension and other benefits : Exercise of option regarding.

G.I., Dept. of Per. & Trg., O.M.No.25014/1/2014-AIS-II, dated 28.7.2015

Subject : Clarification on simplification of procedure for payment of pension and other benefits to AIS officers retiring from Govt of India/State Govt : exercise of option regarding.

The undersigned is directed to refer to this Departments Order No.25014/2/2002- AIS-II dated 11th April, 2007 wherein measures for simplification of payment of pension and other retirement benefits to All India Services officers retiring/retired from Government of India/State Government have been revised and the Government of India had taken over the entire pension liability of all the All India Service officers. Besides, all retiring All India

Service officers either from the Central Government or State Government uniformly have the option of drawl of their pension through Government of India or through the State Government. However, in the aforesaid order dated 11th April, 2007, the issue of revocation of their earlier option for drawl of pension exercised by the All India Service pensioners was silent.

(2) Accordingly, keeping in view the aging factor and to ease and comfort in a retired life, the issue of exercising option for drawing pension either from Government of India or State Government was revisited in this Department in consultation with the Central Pension Accounting Office, Department of Expenditure and Department of Pension and Pensioners Welfare and has decided that the option exercised by the pensioner for drawl of pension/family pension either from the Government of India or State Government in reference to this Departments Order dated 11th April , 2007 would continue as “Zero option’ (option exercised at the time of retirement would constitute as zero option).

(3) Thereafter, the retired officer can further make two options for which the first option would be permitted without obtaining the permission of Central Government and the second option would require permission of the Central Government. No further option shall be considered after the Second option is permitted by the Central Government. The first option shall be applied by the pensioner to the Drawing Disbursing Authority Of her/his pension in the prescribed format (Annexure-I).

(4) The proposal for revocation of earlier options which required permission of Central Government shall be applied to the concerned Cadre Controlling Authority of All India Services in the prescribed format (Annexure-II) and such proposal shall be processed in consultation with the Chief Controller (Pension), Central Pension Accounting Office (Department of Expenditure), New Delhi for according approval of the Secretary of the

concerned Cadre Controlling Authority .

5. It is to state that every time a change in option is made, it shall be notified to the Central Pension Accounts Office (Department of Expenditure) for carrying out necessary updation in its data base.

(6) The revised format for exercising zero option for drawl of pension in respect of retiring/retired members of All India Services is annexed as Annexure-III.

Authority: www.persmin.gov.in

Revision of pension of pre-2006 pensioners - Department of Pension and Pensioners' Welfare

Revision of pension of pre-2006 pensioners – DPPW Orders on 30.7.2015

G.I., Min. of Per. PG & Pensions, O.M.No.38/37/08-P&PW(A), dated 30.7.2015

Sub:- Revision of pension of pre-2006 pensioners – reg.

The undersigned is directed to say that as per Para 4.2 of this Department’s OM of even number dated 1.9.2008 relating to revision of pension of pre-2006 pensioners w.e.f. 1.1.2006, the revised pension w.e.f. 1.1.2006, in no case, shall be lower than 50% of the sum of the minimum of pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired. A clarification was issued vide DoP&PW OM of even number dated 3.10.2008 that the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale.

2. Several petitions were filed in Central Administrative Tribunal, Principal Bench, New Delhi inter alia claiming that the revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010 and three other connected OAs directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006 based on the Resolution dated 29.8.2008 of the Department of Pension & Pensioners’ Welfare and in the light of the observations of Hon’ble CAT in that order.

3. The above order was challenged by the Government by filing Writ Petition No.1535/2012 in respect of OA No. 655/2010 and WP No.2348-50/12 in respect of the three other connected OAs in the High Court of Delhi. The Hon’ble High Court in its common Order dated 29.4.2013 noted that the DoP&PW had, in the meanwhile, issued an OM No.38/37/08-P&PW (A) dated 28.1.2013 which provided for stepping up of pension of pre 2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner had retired. Hon’ble High Court observed that the only issue which survived was, with reference to Paragraph 9 of OM dated 28.1.2013 which makes it applicable w.e.f. 24.9.2012 instead of 1.1.2006. Hon’ble High Court of Delhi dismissed the Writ Petition No.1535/2012 along with three other Writ Petitions vide its order dated 29.4.2013. Special Leave Petitions (No.23055/2013 and No.36148-50/2013) filed against the said order dated 29/4/2013 of the Hon’ble Delhi High Court have also been dismissed by the Hon’ble Supreme Court.

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 of 24.9.2012. 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.

5. In case the consolidated pension/family pension calculated as per para 4.1 of O.M. No.38/37/08-P&PW (A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

6. All other conditions-as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from time to time shall remain unchanged.

7. Ministry of Agriculture, etc. are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and subordinate Offices under them on a top priority basis. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

8. This issues with the approval of Ministry of Finance ID Note No. 1(9)/EV/2011Vol.1I dated 24.7.2015.

Authority: www.persionersportal.gov.in