Grant of service element to Pre -30.08.2006 released Non Regular Officers in Aggravation cases.
OFFICE OF THE PCDA (PENSIONS), DRAUPADI GHAT ALLAHABAD-14
Circular No. 23
No. G-1/M/02/ICO’s/Vol/-XIV/2015
Date: 27.05.2015
SUB:- Grant of service element to Pre -30.08.2006 released Non Regular Officers in Aggravation cases.
REF: This office Circular No. 02 dated 17.11.2006 (enclosed as Annexure A)
Reference is invited towards this office circular cited above under which GOI, MOD letter No. 1(9)/2006-D(Pen-C) dated 30.08.2006 regarding grant of disability element in respect of Non- regular officers released in low medical category was circulated. As per para 2 of the ibid Govt. letter, the benefit of service element of disability pension in respect of non-regular officers in aggravation case was allowed only to those who retired on or after the date of issue of the letter i.e. 30.08.2006 and past cases were not to be re-opened.
The GOI, MOD has now modified para 2 quoted above by issue of letter No. 16(01)/2012-D(Pen/Pol) dated 23.03.2015 (enclosed as Annexure B), and as per provisions contained therein, in the case of aggravation too, service element of disability pension in respect of non- regular officers would be calculated after taking into account the full commissioned service rendered by them as calculated in the case of Regular Commissioned Officers. As such EC/SSC officers in aggravation cases would also be allowed the benefit of revision w.e.f. 30.08.2006 as allowed to attributable cases vide MoD letter dated 30.08.2006. The terminal gratuity already paid has to be refunded as per existing orders.
The Pension disbursing authority will obtain application on enclosed format (enclosed as Annexure C) from affected pensioners in terms of these orders for revision of their service element of disability pension and forward the same to respective Pension Sanctioning Authorities for notification of revised award.
This circular has been uploaded on PCDA(P) website www.pcdapension.nic.in for dissemination across the Defence pensioners and PDAs.
File No. G-1/M/02/DP/ICO’s/ Vol.- XIV
Date: 27.05.2015
(C.B. Yadav)
ACDA(P)
No. 1(9)/2006/D(Pen-C)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi, the 30th August, 2006
To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
Subject: Grant of disability pension in respect of non-regular officers released in low medical category.
Sir,
I am directed to say that the issue relating to counting of full length of service rendered by Emergency Commissioned Officers/Short Service Commissioned Officers in determining service element of disability pension to them has been under consideration of the Government for quite some time. The President is pleased to decide that non-regular officers viz. Emergency Commissioned Officers, Short Service Regular Commissioned Officers and Short Service Commissioned Officers, who are found in lower medical category at the time of release than the one in which they were recruited and whose disability is accepted as attributable to or aggravated by Military service, will be entitled to service element of disability pension after taking into account the full commissioned service rendered by them as in the case of Regular Commissioned Officers. The rate of service element will be the same as admissible to the Regular Commissioned Officers. Since non regular officers have been brought at par with the Permanent Regular Commissioned Officers in the matter of grant of Disability pension, there will be no requirement of exercising option by non regular commissioned officers as earlier prescribed under Para 1 of this Ministry’s letter No. F. 210795/74/Pen-C dated 30.11.1977. The Special Army Instruction No. 6/S of 1965 and this Ministry’s letter No. F 210795/74/Pen-C dated 30th November 1977 will stand modified to that extent.
2. Service element of disability pension in respect of non-regular commissioned officers retired before the date of issue of these orders shall be revised prospectively in accordance with these orders. In the case of aggravation, the benefit of service element as per these orders will be applicable only to those who retire on or after the date of issue of this letter. Past cases will not be re-opened.
3. The PSAs concerned shall be required to work out service element of disability pension notionally as admissible from the date of commencement of pension and will be further revised/updated under various orders issued by the Government from the date of issue of these orders. No arrears, however, will be payable due to notional fixation of revised pension for the period prior to the effective date of these orders. No commutation will be admissible on account of additional amount of pension accruing as a result of pension under these orders. There will be no change in the amount of retirement gratuity ready paid to the pensioners.
The pensioners shall apply for revision of service element of disability pension in terms of these orders as per enclosed proforma, to their respective PDAs, who will refer the cases to PSAs concerned for notification of the modified award.
These orders will be applicable form the date of issue.
This issues with the concurrence of Def(Finance) vide their U.O. No. 01/Fin/P/06 dated 30.08.2006.
(M.M. Singh)
Deputy Secretary to the Govt. of India
Tel. No. 23013347
Annexure- B
No. 16(01)/2012-D (Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-servicemen Welfare
New Delhi, the 23rd March, 2015
The Chief of the Army Staff,
The Chief of the Naval Staff
The Chief of the Air Staff
Subject:- Grant of Service element to pre-30.08.2006 released Non Regular Officers in Aggravation cases.
Sir,
The undersigned is directed to refer to Para-2 of this Ministry’s letter No. 1(9)/2006-D(Pen-C) dated 30.08.2006 in which the benefit of service element of disability pension in respect of non-regular officers in aggravation case was allowed only to those who returned on or after the date of issue of letter i.e. 30.08.2006 and past cases were not to be re-opened.
2. In partial modification of above provision, the President is now pleased to decide that in the case of aggravation too, service element of disability pension in respect of non-regular officers would be calculated after taking into account the full commissioned service rendered by them as calculated in the case of Regular Commissioned Officers. As such, they would also be allowed the benefit of revision with effect from 30th August 2006 as allowed to attributable cases as per Government letter under reference. Para 2 of the said letter may be deemed to have been amended to this extent.
3. Terminal gratuity already paid shall be refunded as per existing orders.
4. All other conditions of the impugned letter remain unchanged.
5. This issues with the concurrence of the Finance Division of this Ministry vide their ID Note No. 10(10)/2012-Fin/Pen dated 07th October 2014.
6. Hindi version will follow.
Yours faithfully,
(Prem Parkash)
Under Secretary to the Government of India
Source-http://pcdapension.nic.in/6cpc/Circular-23.pdf