Pension of Personnel Below Officer Rank (PBOR) Discharged From Service On or After Jan 2006 – DESW Orders dt. 6.2.2019

No.1(15)/2012/D(Pen/Pol)
Government of India/Bharat Sarkar
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)

Dated 6th February 2019

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: Implementation of the Government decision on the recommendations of the Sixth Central Pay Commission – Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 01.01.2006.

The undersigned is directed to refer to the provisions contained in this Ministry’s letter No.17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 as amended vide this Ministry’s letter No.17(4)/2008/D(Pen/Policy) dated 20.09.2012 under which a note below Para 3(v) of the ibid MoD letter dated 18.08.2010 was inserted regarding non-applicability of provisions of letter dated 18.08.2010 to JCOs granted Honorary Commission as Leiutenant and Captain.

2. Further, in supersession of the provision contained in this Ministry’s letter No.17(4)/2008(2)/D(Pen/Policy) dated 20.09.2012, letter No.1(15)/2012/D(Pen/Policy) dated 17.01.2013 was issued under which it was decided that the provisions of MoD letter dated 18.08.2010 are also applicable to post 01.01.2006 JCOs/Ors granted Honorary Commission as Lieutenant and Captain with effect from 24.09.2012.

3. The President is now pleased to decide that provisions of this Ministry’s letter dated 18.08.2010 shall also be applicable to post 01.01.2006 JCOs/ORs granted Honorary Commission as Lieutenant and Captain. The notional pay in the revised pay structure for these ranks shall be worked out by adding pay in the revised pay band corresponding to the Fixed pay of Fifth CPC (in terms of Para 9(a) (i) of SAI 1/S/2008 as amended and equivalent instructions for Navy & Air Force)” plus the Grade pay and Military Service Pay introduced under Sixth CPC revised pay structure.

4. In view of the above, the note below Para 3(v) of this Ministry’s letter No. 17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 inserted vide this Ministry’s letter No. 17(4)/2008(2)/D(Pen/Policy) dated 20.09.2012 may be considered as deleted.

5. The financial benefit in past cases shall be granted from 01.01.2006 or date of discharge/invalidment, whichever is later. In this regard, concerned PSA’s would suo-moto issue Corr PPO based on the data of post 2006 retired Hony Commissioned Officers held with them.

6. All other terms and conditions shall remain unchanged.

7. This issue with the concurrence of the Finance Division of this Minister vide their ID No.10(15)/2015/FIN/PEN dated 02.01.2019

8. Hindi version will follow.

sd/-
(Manoj Sinha)
Deputy Secretary to the Govt. Of India

View order

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Department:Department of Ex-Servicemen Welfare

OM No. 1(04)2007D(Pen/Pol)

Subject: Restoration of pension in respect of Defence Service Personnel who had drawn lump sum payment on absorption in Public Sector Undertakings/Autonomous Bodies-delinking of qualifying service of 33 years for revised pension w.e.f 1.1.2006.

Dated: 20.6.2018

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• Revision of pension of pre-2006 pensioners (JCOs/ORs and Commissioned Officers) -delinking of qualifying service of 33 years for revised pension

Restoration of pension to Defence Service Personnel who had drawn lump sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies — delinking of qualifying service of 33 years for revised pension with effect from 1.1.2006

No.1(04)/2007/D(Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi, Dated: 20th June,2018

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: Restoration of pension to Defence Service Personnel who had drawn lump sum payment on absorption in Public Sector Undertakings/ Autonomous Bodies — delinking of qualifying service of 33 years for revised pension with effect from 1.1.2006 reg.

Sir,
The undersigned is directed to refer to this Ministry’s letter No.1(04)/2007-D(Pen/Policy) dated 18th Sept,2017 under which orders have been issued for restoration of full pension for those Defence pensioners who had drawn lump sum payment on absorption in Public Sector Undertaking/Autonomous Bodies after expiry of commutation period of 15 years from the date of payment of 100% lump sum amount. The said order also allows revision of pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay commissions including Seventh CPC.

2. Instructions were issued by this Ministry vide letter No 1(2)/2016- D(Pen/Pol.) dated 30.9.2016 to the effect that w.e.f.1.1.2006 revised consolidated pension and family pension of pre-2006 Armed Forces pensioners shall not be lower than 50% and 30% respectively of the minimum of the pay in the Pay Band plus Grade pay corresponding to the pre–revised scale from which the pensioner had retired/ discharged/ invalided out/ died including Military Service Pay and ‘X’ Group pay, if any, without pro rata reduction of pension even if they had rendered qualifying service of less than 33 years at the time of retirement.

3. Matter has been considered by the Government and it has been decided that while determining the revised pension of above said category of absorbee pensioners/ family pensioners with effect from 1.1.2006, the pension/ family pension shall also be revised in accordance with the provisions contained in this Ministry’s letter dated 30.9.2016 referred above.

4. The revised pension in terms of this order shall be revised by respective Pension Sanctioning Authorities suo-moto by issuing Corrigendum PPOs in all affected cases. No application in this regard shall be called for either from the pensioners or from the PDAs concerned.

5. This issues with the concurrence of the Finance Division of this Ministry vide their ID No.31(8)/09/Fin/Pen dated 23-05-2018.

6. Hindi version will follow.

sd/-
(R K Arora)
Under Secretary to the Govt. of India

View order

Authority: http://www.desw.gov.in

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“The fixation of pension/ family pension of retired Medical officers of AMC/ADC/RVC in the above manner, shall be further subject to the condition that emoluments (i.e. Basic Pay MSP + NPA) to be reckoned for pension do not exceed Rs. 2,37,500/- (Rupees two lakh thirty seven thousand and five hundred only). Amount of Gratuity and CVP which has already been notified, shall remain unchanged. “

No.1(7)/2014/D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi, 24th May, 2018

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Sub: Implementation of Government’s decision on the recommendations of the Seventh Central Pay Commission on revision of provisions regulating Pension/Gratuity/Commutation of Pension/Family Pension including pensionary awards notified in terms of casualty pensionary awards Fixation of Pension of Commissioned Officers of Army Medical Corps/Army Dental Corps/Remount & Veterinary Corps retired during 1.1.2016 to 30.6.2017.

Sir,

The undersigned is directed to refer to this Ministry’s letter No.17(02)/2016/D(Pen/Pol) dated 4th September, 2017. In accordance with Para 4.1.1 of said letter, the emoluments reckoned for calculation of pension include Non Practicing Allowance (NPA) granted to Medical officers of Army Medical Corps /Army Dental Corps / Remount & Veterinary Corps.

2. For Medical Officers of Armed Forces who have retired from 1.1.2016 to 30.6.2017, their pension is based on emoluments which included NPA @ 25% of the pre-revised pay. Orders have been issued by Ministry of Defence vide letter No. 4(10)/2017/D(Med) dated 28th September, 2017 for grant of NPA to serving medical officers @ 20% of basic pay w.e.f. 1.7.2017. Accordingly, the medical officers retired/retiring on or after 1.7.2017 are entitled to pension based on emoluments which include NPA at the rate of 20% of the revised basic pay.

3. The matter regarding revision of pension the Medical Officers of Armed Forces who retired during 1.1.2016 to 30.6.2017 based on revised rate of NPA has been examined by the Government. It has been decided that all kind of pension/family pension in respect of Medical officers of Armed Forces who retired/died during 1.12016 to 30.6.2017 and were drawing NPA at old rates on the date of retirement/death, shall be further revised w.e.f. 1.7.2017 by adding NPA @ 20% to the basic pay on the date of retirement. The fixation of pension/ family pension of retired Medical officers of AMC/ADC/RVC in the above manner, shall be further subject to the condition that emoluments (i.e. Basic Pay MSP + NPA) to be reckoned for pension do not exceed Rs. 2,37,500/- (Rupees two lakh thirty seven thousand and five hundred only). Amount of Gratuity and CVP which has already been notified, shall remain unchanged.

4. This issues with the concurrence of Ministry of Defence(F1nance/Pension) vide their ID No. 10(8)/2018/Fin.Pen dated 11.05.2018.

5. Hindi version will follow.

Yours faithfully,
Sd/-
(Manoj Sinha)
Under Secretary to the Government of India

Click order – Pension fixation to medical officers in armed forces

Authority: www.desw.gov.in

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No. 28(86)2017/D (Res-I)
Government of India
Ministry of Defence
Department of Ex-servicemen Welfare

Sena Bhawan, New Delhi
Dated the 6th March, 2018.

To
Directorate General Resettlement
West Block IV, Wing 5,
R.K.Puram, New Delhi-110066.

Subject: Recognition of Ex-Servicemen’s Association

Sir,
I am directed to refer to this Ministry’s letter No. 9(37)92/US(WE)/D(Res) dated 31.1.1996, on the subject mentioned above and to revise the guidelines for formation and conduct of Ex-Servicemen Associations and their recognition. The Associations will be accorded recognition subject to their fulfillment of revised conditions as under:-

(a) The Associations should be registered under the Societies Registration Act, 1860. The state chapters of the said Ex-Servicemen Association too should be registered under the Societies Registration Act, 1860. The Association should have been formed with aims and objectives of promoting the common interest of Ex-Servicemen and should have well defined bye-laws and rules approved by the Registrar of the Societies under the Societies Registration Act, 1860

(b) The Associations should have a minimum membership of One Lakh. This membership, however, in case of associations exclusively of Naval Ex-Servicemen or exclusively of Air Force Ex-Servicemen should not have less than ten thousand members. War widows Associations and Disabled War Veterans Associations will be exempted from the criteria of minimum membership.

(c) The Associations formed shall be with the sole intent of projection of grievances/recommendations/problems of Ex-Servicemen and for their amelioration to the Government through its Offices. The Ex-Servicemen Associations will not imply any right to negotiate to the problems/grievances of the Ex-Servicemen.

(d) The Associations in no case should be formed on religious, social, linguistic, area and caste lines. They should be apolitical in nature with no affiliation or contiguity to any Political party or political Association. The Ex-Servicemen Associations shall not espouse any political or religious thoughts to its members or the society, nor should it be in possession of or maintaining any fund amassed through political or religious leaders.

(e) The membership should be comprised exclusively of ESM and they should not be involved in any type of criminal activity/proceedings in any Court of Law.

(f) No other source of fund is allowed to be collected by the Association except subscriptions.

(g) The Associations should not be associated with any Foreign Government or Company/conglomerate and any foreign Governments. Under no circumstances should the association accept any donations/pecuniary benefits from any foreign concern/entity.

(h) The Association shall in not way enter into any communication with any foreign entity. All such correspondences are to be exclusively channelized through the Government and the Government shall have the prerogative to withhold it, if it so deems necessary.

(i) The Acts, charter and conduct of the Ex-Servicemen Associations should not be for anti-Government activities or for acts prejudicial to national interest and security.

(j) The Association shall submit an undertaking affirming its faith in democratic principles and binding itself to resort only to the lawful activities for representing the Ex-Servicemen’s problems.

(k) The Association shall not raise issues in the interest of any caste, tribe or religious denomination.

(l) The Association shall not maintain any political fund or lend itself to the propagation of the view of any political party or a member of such party.

(m) The Association shall be composed of Ex-Servicemen, widows and their next of kin only.

(n) The Association should have a Pan India presence i.e., the Ex-Servicemen Association should be of all India Character and should have adequate number of branches at State and District level. Its Office bearers should be composed of a mix of personnel of all three servies and ranks. The Composite Associations representing Ex-Servicemen of the three services should have a balance of tri service representation and also balanced representation of all ranks i.e. Officers, JCOs and OR and equivalent rank of the Army, Navy and Air Force. The Associations shall submit duly verified list of its members and Office bearers once every year to Directorate General of Resettlement (DGR) after their Annual General Meeting.

(o) The Association shall have duly elected body of office bearers from amongst its members only, valid for a specified period.

(p) The Association shall have a Constitution/bye laws and its functioning should be strictly in accordance with the said charter of its adopted Constitution/bye laws.

(q) Any amendment in the constitution/bye laws of the Association, after its recognition under these rules, shall be made only with the prior approval of the Government, if the recognition is to be continued thereafter.

(r) The Association shall endeavour to hold at least one Annual Body Meeting every year, and the dates and schedule of which should be duly notified in advance to its members and its Office bearers with the proposed agenda points.

(s) The Association shall maintain only one bank account for its operations. The persons authorized to operate these bank accounts shall be selected in its annual general body meetings. Changes, if any, at any later date(s) shall be with consensus and by a majority selection.

(t) The Association shall have its accounts checked every year by a registered Chartered Accountant and copy of the audited accounts, as well as its annual report should be made available to DGR within thirty days of such check for information and scrutiny.

(u) The Association shall inform the Government of all accounts operated by it on all social media platform and only the authorized Office bearers of the association are permitted to post messages on such sites. No offensive posts are to be posted. The Office bearers are to familiarize themselves with Indian IT Act prior to operating any such account.

(v) The Association shall not publish any periodicals, journal, magazines, bulletins etc. without the prior consent of the Government. In no case writings of defamatory nature, vilifying any individuals, group of individuals, private sources and Government shall be permitted to be printed in such publishings. The publishings shall in no way disrupt any ties of the Government with any State Government/foreign concern/Government or any Government authority. The publishing shall also not be inimical to the Government or to the Society. The copies of all such periodicals, bulletins and magazines, journals (as the case may be) shall be supplied by the Association to the Department of ESW, DGR and KSB.

(w) The communication addressed by the Association or any office bearers on its behalf to the Government or Government authority shall not contain any disrespectful or improper language.

(x) In any communications addressed to the Government or in any panel on any national/regional television channels, it shall be ensured that the choice of language used is respectful and not defamatory of the Government or its agencies and such appearances should not be a tool to ignite passions for any particular agenda.

(y) The Association shall not indulge in any Commercial activity with the objective of generating any income/profits.

2. The Associations, including the existing ones, desirous of being considered for recognition may apply to the office of the DGR, West Block IV, Wing-5, R.K. Puram, New Delhi-110066 with documentary proofs in support of and fulfillment of the conditions of recognition as mentioned above along with Memorandum of Understanding, Constitution, Bye Laws, Names and address of Office bearers, membership, certificate of registration by the Registrar of Societies. Any false representations and/or any false documents/evidences submitted shall make the concerned association liable for permanent rejection and penal action.

3. Verification of the membership of the Association as Ex-Servicemen Association shall be carried out through the DGR.

4. The recognition will not entitle any Association or any person concerned with it to any financial or other assistance from the Government.

5. The recognition to the Association shall be subject to its adherence of its Constitution, Bye Laws and observance and fullfillment of the conditions and criteria as laid down in the guidelines.They are to be followed in letter and spirit and the said membership can be revoked by the Government if any of the associations fail to comply with the guidelines.

6. Only the authorized persons as detailed by the Ex-Servicemen Associations shall be permitted to deal with the Government and/or submit application/letters. The associations shall, however, see that causes of individual nature of Ex-Servicemen are not espoused/supported.

7. The Government may dispense with or relax the requirements of any of these rules to such extent and subject to such conditions as it may deem fit in regard to any Association.

Yours faithfully,
(Manmohan Pipil)
Deputy Secretary to the Government of India

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