training material for defence civilians - controller of defence

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TABLE OF CONTENTS SL. NO. TOPICS PAGE NO. 1 Organisational set–up of PCDA (P) & Grant of pensionary awards to Defence Civilians. 01-10 2 Period of service, which qualifies for pension. 11-15 3 Grant of Superannuation pension. 16-21 4 Grant of family pension and death gratuity death while in service. 22-34 5 Grant of disability pension/family pension under C.C.S (EOP) rules and liberalized pension rules. 35-42 6 Commutation of pension defence civilian. 43-50 7 Procedure for processing of Superannuation/ retirement cases on computer. 51-61 8 Procedure for processing of family pension cases on computer. 62-73 9 Procedure for processing the data sheet for revision of P.P.O by issue of Corrg. PPO including Vth CPC revision. 74-80 10 Checking of original PPO / corrg. PPO on receipt by H.O.O and issue of duplicate P.P.O. 81-86 11 Judicial System -Handling of Legal cases 87-90 12 Grievances Redressal Mechanism 91-93 13 Defence Pension Adalat 94-96 14 New Pension Scheme 97-100 15 Record Management 101-102 16 Role of EDP 103-104 17 Mission Excel IT 105-109 .

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TABLE OF CONTENTS

SL. NO. TOPICS PAGE NO.

1 Organisational set–up of PCDA (P) & Grant of pensionary awards to Defence Civilians.

01-10

2 Period of service, which qualifies for pension. 11-15

3 Grant of Superannuation pension. 16-21

4 Grant of family pension and death gratuity death while in service.

22-34

5 Grant of disability pension/family pension under C.C.S (EOP) rules and liberalized pension rules.

35-42

6 Commutation of pension defence civilian. 43-50

7 Procedure for processing of Superannuation/ retirement cases on computer.

51-61

8 Procedure for processing of family pension cases on computer.

62-73

9 Procedure for processing the data sheet for revision of P.P.O by issue of Corrg. PPO including Vth CPC revision.

74-80

10 Checking of original PPO / corrg. PPO on receipt by H.O.O and issue of duplicate P.P.O.

81-86

11 Judicial System -Handling of Legal cases 87-90

12 Grievances Redressal Mechanism 91-93

13 Defence Pension Adalat 94-96

14 New Pension Scheme 97-100

15 Record Management 101-102

16 Role of EDP 103-104

17 Mission Excel IT 105-109

.

INDEX OF ANNEXURES

SL. NO.

ANNEXURE SUBJECT PAGE NO.

1. “A” Different organization codes 110

2. “B” Nature of Pension Codes 111

3. “C” Vth CPC-Pay Scale Codes, 112

4. “D” Gallantry award codes 113

5 “E” PDA codes 114

6 “F” DPDO codes 115

7. “G” State/union territories codes 116

8. “H” Public Sector Banks codes 117

9. “I” Dearness relief 118

10 “J” Examples of pension calculation 120

11. “K” Question Bank 132

12 “L” Case Studies (1-7) 143

13. “M” Data sheets 145

15 “N ” Flow chart 149

CHAPTER 1

ORGANISATIONAL SET UP OF PCDA (P) & GRANT OF PENSIONARY AWARDS

TO DEFENCE CIVILIANS

CONTENTS GENERAL INTRODUCTION

1. ORGANISATIONAL SETUP OF OFFICE OF PCDA (P) AND ROLE OF G1 CIVIL SECTION.

2. RULES UNDER WHICH DEFENCE CIVILIANS ARE GOVERNED FOR RETIREMENT BENEFITS.

3. VARIOUS KINDS OF PENSION AND CONDITIONS FOR ITS ADMISSIBILITY IN VARIOUS TYPES OF CONTINGENCY.

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GRANT OF PENSIONARY AWARDS. DEFENCE CIVILIANS

GENERAL INTRODUCTION.

The custom of providing pension for aged employees who were no longer able to discharge their duties efficiently began during the nineteenth century in Europe and spread to other part of the world. During the British period and some time thereafter ‘pensions’ has been treated a charity or an ex-gratia payments of a purely social welfare measure. Now in the present status the pension is not a bounty payable at the sweet will and pleasure of the Govt. and that pension is a valuable right vesting in a Govt. servant and has been termed as property under Article 31(1) of the constitution. Following factors are normally taken into consideration in determining pension.

(i) Age at which various categories of employees retire.

(ii) Health of employee

(iii) Length of service of an employee.

(iv) Pay, which an employee gets.

(v) Condition of service, cause of death, nature of injury sustained, diseases contracted and the circumstances in which casualty took place.

Initially there were offices of the superintendents of family pension and

pension paymasters Bombay in the year 1876. In the year 1914 the Controller of Military Accounts Department was reorganized in 14 offices and these offices used to sanction pension for their respective regions. Later on in 1927 the pension was centralized to six main offices at

(i) Controller of Military Pension Accounts, Lahore

(ii) Controller of Military Pension Accounts, Mhow

(iii) Controller of Military Pension, Burma

(iv) Controller of Military Pension, Bombay

(v) Controller of Fys. Accounts, Calcutta

(vi) Controller of Royal Air Force Accounts, Ambala.

After partition in 1947 the work relating to pension sanction was further centralized in the office of the CDA (P) Allahabad, which is presently designated as PCDA (P) Allahabad.

The P.C.D.A (P) Allahabad sanctions all Pensionary awards in respect of the following categories.

(i) Officers and personnel of Armed Forces except in the case of Naval and

Air Force Officers and personnel below Officer rank who retire/die while in service on or after 1.11.1985, Govt. of India, Min. of Defence was the Competent sanctioning Authority for grant of service Pension in respect of commissioned officer till 1968. After that the power were delegated to Pr.CDA (P) Allahabad.

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(ii) Defence civilians of Defence Factories, Army and Air Force units/Establishments, D.A.D, GREF and Coast Guards. The work relating to sanction of pension in respect of Naval and Air Force personnel was decentralized in the year 1985.

(2) The Pr. C.D.A. (P) Allahabad still continue to sanction the family Pensionary awards and reassessment of disability pension in respect of Naval and Air Force Officers and personnel below officer rank who became non effective prior to 1.11.1985. (3) The Pr. C.D.A (P) Allahabad also adjudicates the entitlement for special family pension, disability element, reassessment of disability pension in respect of Naval and Air Force Officers and Personnel Below Officers Rank who became non effective on or after 1.11.1985 but awards is notified by the Pr.CDA (Navy) or CDA (AF) as the case may be. (4) The Office of the Pr.CDA (P) Allahabad erstwhile office of the controller of Military Accounts (Pensions) is a unit of Controller General of Defence Accounts under Ministry of Defence (Finance). This office was earlier the Controller’s Office upto 18.12.88. This Office has been upgraded as the office of the Chief Controller of Defence Accounts (Pensions), Allahabad. Further with effect from 24.9.99 this office has been re-designated as Pr. CDA (P) Allahabad.

ORGANIZATIONAL SETUP OF OFFICE OF Pr.C.D.A (P) The Office of the Principal CDA (Pensions) Allahabad is centrally responsible for.

Sanction of Pensionary benefits/awards to the Armed Forces personnel i.e.

A. Commissioned Officer and their families

B. Personnel Below Officers rank and their families.

C. Defence civilians and their families including DAD Cost Guard and GREF personnel and their families.

(i) Audit of payment of pension to Defence pensioners made by the various PDAs (Pension Disbursing Agencies) and also through agencies located Ex-India.

(ii) Compilation of all payments related to pension.

(iii) Maintenance of draft pension circulars/pension payment orders (Since 1902).

(iv) Sanction of OTI on pension w.e.f. 1.1.92.

(v) Settlement of complaints received from various sources i.e. from CGDA, Min. of Defence, VIP, P&PW and PGO complaints.

(vi) Various types of sanction of pension and compilation of accounts through computer.

(vii) Holding of Pension Adalat at different places all over India. (viii) Revision of pension cases for pre and post 1996 and pre and post 1986 on

account of Vth Central Pay Commission.

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The Office of the Pr. CDA (P) Allahabad is organized in different sections with different functions of each section. It can be broadly divided into the following wings.

1. General Administration/Misc. wing.

2. Grants/EDP wing.

3. Audit wing.

4. Various important Cells

GENERAL ADMINISTRATION/MISC WINGS

This wing comprises of the following sections: -

1. Admin and Pay Section.

2. Record and old record section

3. Account Section.

4. Post Audit Section and

5. D - section and Vigilance. GRANTS / EDP WINGS

This wing comprise of the following sections: -

1. Grants - 1 Military Sections

2. Grants - 1 Civil Section

3. Grants (ORs) Section.

4. Pension Revision Section

5. EDP Centre

6. Revision Section. AUDIT WING

This audit wing deals with the audit of payment of Pensionary awards and spot

audit of treasuries and Banks. This wing constitutes the following sections. 1. Audit coordination and technical section.

2. Data Base

3. Spot Audit Section

4. Demand Cell

5. Treasury and PSB Cell

6. DPDO Cell

7. Card holder Section

8. C.C.L Section.

9. Documentation Section.

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VARIOUS IMPORTANT CELLS

The various important Cells functioning under this wing are as under: - 1. O&M Cell.

2. Hindi Cell.

3. Legal Cell

4. Pension Adalat Cell.

5. Training cell

6. Inspection cell

7. Complaints Cell ROLE OF G-1 CIVIL SECTION.

This section deals with all types of grants of Pensionary benefits/awards to the Defence civilians and their families including DAD, Coast Guard and GREF Personnel and their families.

RULES GOVERNING PENSIONARY ENTITLEMENTS OF DEFENCE CIVILIANS

Defence Civilians, DAD, GREF and Coast Guards Officers/Personnel are

governed by following rules for Pensionary benefits. 1. Central civil Services (Pension) Rules 1972 in the matter of pensions and

family pension.

2. Central Civil Services (Commutation of Pension) rules 1981 in the matter of commutation of pension.

3. Central Civil Services (Extra Ordinary Pension) Rules in the matter of disability pension and extra ordinary family pension.

KIND OF PENSIONARY AWARDS ADMISSIBLE

The kind of pension admissible to Defence Civilians are: -

i. Superannuation pension

ii. Retiring Pension

iii. Invalid Pension

iv. Compensation Pension

v. Compulsory Retirement Pension

vi. Compassionate Allowance

vii. Pro-rata Pension on absorption in public sector Undertaking/Autonomous Bodies/public Enterprise.

viii. Retirement Gratuity

ix. Service Gratuity.

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x. Death Gratuity

xi. Family Pension

xii. Disability Pension (under EOP Rule)

xiii. Extra Ordinary Family Pension

The grant of Pensionary awards are based on the emoluments/average emoluments and qualifying service rendered by the Govt. Servant which is determined as under. EMOLUMENTS: -

The emoluments means basic pay as defined in Rule 9(21)(a)(i) of the Fundamental Rules which a Govt. Servant was receiving before his date of retirement or on the date of his death and also includes Non Practicing Allowance granted to Medical Officers and stagnation increment(s) if any.

Basic pay in the Revised Pay Rule-2008 means the pay drawn in the

prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay etc.

Refer para 33 of CCS (P) Rule 1972. EMOLUMENTS FOR GRATUITY: -

For computation of gratuities the emoluments last drawn by a Govt. servant as defined above will also include dearness allowance drawn by the Govt. servant on the date of retirement /death. AVERAGE EMOLUMENTS: -

The average emolument is determined with reference to the emoluments drawn by a Govt. servant during the last 10 months of his service. If during the last 10 months of service, a Govt. Servant has been absent from duty on EOL or had been under suspension (without pay and allowances) the above period of leave or suspension is disregarded in calculation of average emoluments and equal period before the ten months is included.

Refer para 34 of CCS (P) Rule 1972. QUALIFYING SERVICE: -

Qualifying service for pension of a Govt. Servant commences from the date he takes charge of the post to which he is first appointed. Service rendered before attaining the age of eighteen years does not count except for compensation gratuity. The service of Govt. Servant does not qualify unless his duties and pay are regulated by the Govt. or under condition determined by Govt. Service means service under the Govt. and paid by the Govt. from the consolidated fund of India or a local fund administered by the Govt. but does not include service in a non pensionable establishment unless service so treated as qualifying by that Govt.

Refer para 13 of CCS (P) Rule 1972.

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CONDITIONS FOR ADMISSIBILITY OF VARIOUS TYPE OF PENSIONS

(I) SUPERANNUATION PENSION:

A Superannuation pension is granted to a Government servant who is retired on his attaining the age of compulsory retirement. The normal age of compulsory retirement in r/o Group ‘A’ ‘B’ and ‘C’ ‘D’ employees is 60 years w.e.f 13.5.98 as per Govt. of India, Min. of P.A.G. & P No. 25312/2/97-Estt (A) dated 13.5.98 provided they have rendered qualifying service for 10 years.

Refer para 35 of CCS (P) Rule 1972. (II) RETIRING PENSION:

Retiring pension is granted to Government servant who is permitted to retire after qualifying service of 30 years or on attaining the prescribed age for such retirement which is 50 years in the case of group A and B Government servant and 55 years for other. A Government servant may be permitted to retire voluntary on completion of qualifying service of not less than 20 years.

Refer para 36 of CCS (P) Rule 1972. (III) PENSION ON ABSORPTION IN PUBLIC UNDERTAKINGS:

A government servant who is permanently absorbed in public Undertaking/Autonomous bodies is deemed to have retired from Government service from the date of such absorption and is eligible to receive retirement benefits, which he may be entitled from such date as may be determined.

The pro-rata pension is based on actual length of qualifying service and the emolument on the basis of absorption. The pro-rata pension can be commuted under normal rules upto 40% of pension.

Retirement gratuity as admissible under normal rules is also admissible in addition to the awards mentioned above.

The facility for receiving a lump sum amount in lieu of pension has been withdrawn from 31.3.95 Refer para 37 of CCS (P) Rule 1972. (IV) INVALID PENSION: Invalid pension is granted if a Govt. servant retired from the service on the account of any bodily or mental infirmity, which permanently incapacitated him for the service. Refer para 38 of CCS (P) Rule 1972. (V) COMPENSATION PENSION:

A compensation pension is granted to a government servant who is discharged from Govt. service on abolition of his permanent post.

Where the individual was offered alternative post, which was accepted by him, the claim for pension will be preferred on retirement for two spell of service. The latter spell of service will not count for pension unless the post is substantive and the individual is confirmed on the post.

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If a Govt. Servant, who is entitled to compensation pension, accepts instead another appointment under the Govt. and subsequently becomes entities to receive pension of any class, the amount of such pension shall not be less than the compensation pension, which the individual would have claimed if he had not accepted for the appointment. The amount of compensation shall be determined in accordance with the method laid down for superannuation pension.

Refer para 39 of CCS (P) Rule 1972

(VI) COMPULSORY RETIREMENT PENSION:

A Government servant when compulsorily retired from service as a penalty may be granted by the authority competent, to impose such penalty, pension or gratuity or both at a rate not less than two-third and not more than full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement. Pension granted or awarded however shall not be less than Rs. 3500/- pm. w.e.f. 01-01-2006.

Refer para 40 of CCS (P) Rule 1972. (VII) COMPASSIONATE ALLOWANCE: A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanctions a compassionate allowance not exceeding two thirds of pension or gratuity or both which would have been admissible to him, if he had retired on compensation pension. A compassionate allowance shall not be less than Rs.3500/- w.e.f. 01-01-2006.

Refer para 41 of CCS (P) Rule 1972.

(VIII) RETIREMENT GRATUITY:

A Government servant, who has completed five years qualifying service, shall on his retirement, be granted retirement gratuity equal to one fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 16 ½ times the emoluments provided that the amount of retirement gratuity payable shall in no case exceed Rs.10 lakh rupees. There is no ceiling on reckonable emoluments for calculating gratuity.

Refer para 50 of CCS (P) Rule 1972. (IX) SERVICE GRATUITY:

A Government Servant who has not rendered 10 years of qualifying service required to earn a pension before his retirement is granted service gratuity equal to ½ month’s emoluments for each completed six monthly period of qualifying service. (X) DEATH GRATUITY:

If a Government servant dies while in service, the death gratuity shall be paid to the nominated member of the family or in its absence to the family member.

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RATE OF DEATH GRATUITY LENGTH OF QUALIFYING SERVICE

RATE OF DEATH GRATUITY

Less than 1 year 2 times of emoluments.

One year or more but less than 5 years 6 times of emoluments.

5 years or more but less than 20 years 12 times of emoluments.

20 years or more Half of emolument for every completed six monthly period of qualifying services subject to a maximum of 33 times of emoluments or Rs.10 lakh whichever is less.

Refer para 50 of CCS (P) Rule 1972.

(XI) FAMILY PENSION:

Family pension is granted to the family of a Govt. Servant in the event of his death while in service or after retirement provided he was in receipt of a pension at the time of his death. For the purpose of grant of Family Pension, the ‘Family’ shall be categorized as under:- Category-I

(a) Widow or widower, upto the date of death or re-marriage, whichever is earlier. (b) Son/daughter (including widowed daughter), upto the date of his/her

marriage/re-marriage or till the date he/she stats earning or till the age of 25 years, whichever is the earliest.

Category-II (c) Unmarried/Widowed/Divorced daughter, not covered by Category I above,

upto the date of marriage/re-marriage or till the date she starts earning or upto the date, whichever is earliest.

(d) Parents who were wholly dependent on the Government servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child.

Family pension to dependent parents unmarried/divorced/widowed daughter will continue till the date of death.

Family pension to unmarried/widowed/divorced daughters in Category –II and dependent parents shall be payable only after the other eligible family members in Category-I have ceased to be eligible to receive family pension and there is no disabled child to receive the family pension. Grant of family pension to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of family pension in that category.

Refer para 54 of CCS (P) Rule 1972.

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RATE OF FAMILY PENSION: -

(a) NORMAL RATE: Normal rate of family pension is 30% of emoluments last drawn by the Govt. servant.

(b) ENHANCED RATE: If the individual dies after having rendered not less than 7 years continuous service, the rate of family pension payable to the family shall be equal to 50% of the emoluments last drawn and the amount so admissible shall be payable form the date following the date of death of the Government Servant for a period of seven years or for a period upto the date on which the deceased government servant would have attained the age of 67 years had he service, whichever is less. However the enhanced family pension shall be payable to the family of a Govt. servant who dies in service from the date following the date of death of the Govt. servant for a period of 10 years, without any upper age limit.

Family pension is payable from the date following the death of the Govt. servant and after the expiry of currency of the enhanced rate the family pension payable shall be at the normal rates.

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CHAPTER 2

PERIOD OF SERVICE WHICH QUALIFIES FOR PENSION

CONTENTS

1. QUALIFYING SERVICE

2. TREATMENT OF EXTRA ORDINARY LEAVE

3. CONDONATION OF INTERRUPTION IN SERVICE.

4. PERIOD OF SUSPENSION

5. PERIOD OF CASUAL SERVICE

6. COUNTING OF SERVICE IN THE CASE OF CIVILIANS WORKING IN LIEU OF COMBATANTS

7. ADDITION TO QUALIFYING SERVICE IN SPECIAL CIRCUMSTANCES

8. COUNTING OF PAST CIVIL/MILITARY SERVICE

9. MINIMUM AND MAXIMUM QUALIFYING SERVICE.

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PERIOD OF SERVICE - WHICH QUALIFIES FOR PENSION QUALIFYING SERVICE.

Qualifying service of a Govt. servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post. The service of a Govt. servant shall not qualify unless his duties and pay and allowances are regulated by the Central Government. However, if a State Govt. servant is appointed on deputation to a post under the Central Government, the continuous service rendered by him under the State govt. will qualify.

Refer para 13 of CCS(P) Rule 1972. EXTRA ORDINARY LEAVE: TREATMENT OF Extra - ordinary leave on medical certificate, and extra ordinary leave without medical certificate granted due to inability of the employee to join/rejoin duty on account of civil commotion or for prosecuting higher technical and scientific studies, automatically counts as qualifying service without an express sanction for this purpose. Extra - ordinary leave taken on other grounds is treated as non-qualifying and therefore a definite entry is to be made in the service book to that effect. Entries regarding service being qualifying or otherwise are required to be made simultaneously with the event. Even where this is not done, it should still be possible to rectify the omission during the period allowed for preparatory action. i.e. from two years in advance of the retirement date upto eight months before retirement. At the end of that period, however (i.e. When the actual preparation of the pension papers is taken in hand), no further inquiry into past events or check of past records should be undertaken. Specific entries in the service records regarding non-qualifying periods will be taken note of and such periods excluded from the service. CONDONATION OF INTERRUPTION IN SERVICE. The interruption period in between training period and regular appointment, it is stated that the training should be followed immediately by an appointment, which mean that there should not be any interruption. Even if any interruption falls between training period and regular appointment that should not exceed the joining time admissible under the relevant rules for the purpose of benefit. PERIOD OF SUSPENSION Time passed by a Govt. servant under suspension pending inquiry into conduct shall count as qualifying service where, on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified. In other cases, the period of suspension shall not count unless the authority competent to pass under the rules governing such cases expressly declares at the time it shall count to such extent as the competent authority may declare.

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PERIOD OF CASUAL SERVICE

Under Article 368 of the CSR, period of service from contingencies do not count as qualifying service for pension. In some cases employees paid from contingencies are employed in types of work requiring services of whole time workers and are paid on monthly rates of pay or daily rates computed and paid on monthly basis and on being found fit brought on to regular establishment. It has been decided that half of service paid from contingencies will be allowed to count towards pension at the time of absorption in regular employment subject to the condition that: -

a. Service paid from contingencies should be a job involving whole time employment (and not part time for a portion of the day).

b. Service paid from contingencies should be in a type of work or job for which regular post could have been sanctioned e.g. Malis, Chowkidars, khalasis etc.

c. The service should have been one for which the payment is made either on monthly or daily rates computed and paid on a monthly basis and which though not analogous to the regular scale of pay should bear some relation in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments.

d. The service paid from contingencies should have been continuous and followed by absorption in regular employment without a break.

e. Subject to the above conditions being fulfilled, the weightage for past service paid from contingencies will be limited to the period after 1st January 1961, for which authentic records of service may be available.

COUNTING OF SERVICE IN THE CASE OF CIVILIANS WORKING IN LIEU OF

COMBATANTS

The service rendered by the civilians working in lieu of Combatants in three Service headquarters and other Defence Establishments will count for pension when followed by other pensionable civil service, in the same manner as extra temporary establishment/Casual service, subject to the normal conditions for counting of casual service when followed by pensionable civil service being fulfilled.

COUNTING OF PAST CIVIL/MILITARY SERVICE A Govt. servant who having retired on compensation pension or invalid pension

or compensation gratuity or invalid gratuity, is re-employed and appointed substantively to a service or post to which these rules apply may exercise option either.

a. To continue to draw the pension or retain the gratuity sanctioned for his earlier service, in which case his former service shall not count as qualifying service or

b. To cease to draw his pension and refund.

(i) The pension already drawn and

(ii) The value received for the commutation of a part of pension and

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(iii) The amount of retirement gratuity including service gratuity if any

and count the previous service as qualifying service provided that-

(i) The pension drawn prior to the date of re-employment shall not be required to able refunded.

(ii) The element of pension, which was ignored for fixation of his pay including the element of pension, which was not taken into account for fixation of pay, shall be refunded by him.

(iii) The element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was not taken into account for fixation of his pay shall be set off against the amount of retirement gratuity and the commuted value of pension and balance, if any, shall be refunded by him.

The expression, which was taken in account, means the amount of pension

including the pension equivalent of gratuity by which pay of the Govt. servant was reduced on initial reemployment, and the expression, which was not taken into account, shall be constructed accordingly. 2(a) The authority issuing the order of substantive appointment to a service or post as is referred to in sub-rule (1) shall along with such order require in writing the Govt. servant to exercise the option under that sub-rule within three months of the date of issue of such order, or if he is on leave on that day, within three months of his return from leave, which ever is later and also bring to his notice the provisions of clause (b) (b) If no option is exercised within the period referred to in clause (a) the Govt. servant shall be deemed to have opted for clause (a) sub rule 1 3. In the case of a govt. servant who opts for clause (a) of sub-rule (1) the pension or gratuity admissible for his subsequent service is subject to the limitation, that service gratuity, if any, shall not be greater than difference between the value of the pension and retirement gratuity if any that would be admissible at the time of the Govt. servants final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service. 4(a) A Govt. servant who opts for clause (b) of sub-rule (1) shall be required to refund the gratuity received in respect of his earlier service, in monthly installment beginning from the thirty-six in number, the first installment beginning from the month following the month in which he exercised the option. (b) The right to count previous service as qualifying service shall not revive until the whole amount has been refunded with interest. (5) In the case of a govt. servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of un refunded gratuity shall be adjusted against the death gratuity which may become payable to his family.

A govt. servant, who is reemployed in a civil service or post before attaining the age of superannuation and who before such reemployment had rendered Military

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service after attaining the age of eighteen years, may, on his confirmation in a civil service or post, opts either- (a) To continue to draw Military pension or retain gratuity received on discharged from Military in which cases his former Military service shall not count as qualifying service, or (b) To cease to draw his pension and refund - (i) The pension already drawn and

(ii) Value received for the commutation of a part of Military pension and

(iii) The amount of retirement gratuity including service gratuity, if any and count previous Military service as qualifying service in which case the service so allowed to count shall be restricted to a service within or outside the employee’s unit or department in India or elsewhere which is paid from the consolidated Fund of India or for which Pensionary contribution has been received by the Govt. provided that :-

(a) The pension drawn prior to the date of re-employment shall be required to be refunded,

(b) The element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded by him.

(c) The element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of pay shall be set off against the amount of retirement gratuity and the commuted value of pension and the balance, if any, shall be refunded by him with interest. MINIMUM AND MAXIMUM Q.S

The minimum qualifying service to earn pension is ten years. In case a Govt. employee has been retired before rendering qualifying service of less than ten years then he will be eligible to get service gratuity in lieu of pension.

The maximum qualifying service to earn maximum pension is thirty-three years. A Govt. employee who has rendered qualifying service of not less than thirty-three years will be eligible to get maximum amount of pension i.e. 50% of average emolument for the last ten months. However, Linkage of full pension with 33 years of Q.S. has been dispensed with w.e.f. 02-09-2008 and pension shall be paid at 50% of emoluments or average emoluments received during last 10 months, whichever is more beneficial.

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CHAPTER 3

GRANT OF SUPERANNUATION PENSION

CONTENTS

1. EMOLUMENTS

2. AVERAGE EMOLUMENTS

3. AMOUNT OF PENSION

4. AMOUNT OF RETIREMENT GRATUITY

5. AMOUNT OF DEATH GRATUITY

6. DEARNESS RELIEF ON PENSION/FAMILY PENSON

7. RATES OF DEARNESS RELIEF

8. PROVISIONAL PENSION WHERE DEPARTMENTAL OR JUDICAL PROCEEDINGS MAY BE PENDING

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GRANT OF SUPERANNUATION/RETIRING PENSIONARY AWARDS

The Pensionary awards to be notified in r/o Defence civilians are determined

on the basis of the rules and instructions incorporated in CCS (Pension) Rules 1972 and AI.7/5/76.

The retirement benefits are based on the two factors viz. the qualifying service which a Govt. servant has rendered prior to his retirement/death and emoluments and average emolument which he was in receipt on the date of his retirement/death.

The salient features regarding emoluments/average emolument, amount of pension, retirement gratuity and death gratuity are dealt with in the succeeding paras. Emoluments and Average emolument.

The expression emoluments mean basic pay as defined in rule 9 (21)(a)(i) of the Fundamental Rules, which a govt. servant was receiving immediately before his retirement or on the date of his death and will also include non-practicing allowance granted to medical officer in lieu of private practice.

(i) Stagnation increment shall be treated as emoluments for calculation of retirement benefits.

The following points should be kept in mind while determining the emoluments for the purpose of grant of Pensionary awards. If a Govt. servant immediately before his retirement or death while in service had been absent form duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments, which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purpose of the pension rules.

Provided that any increase in pay other than the increment, which is not actually drawn, shall not form part of his emoluments. (ii) Where a Govt. servant immediately before his retirement or death while in service had proceeded on leave for which leave salary is payable after having held a higher appointment whether in an officiating capacity or temporary capacity the benefit of emoluments drawn in such higher appointment shall be given only, if it is certified that the Govt. servant would have continued to hold the higher appointment but for his proceeding on leave. (iii) If is a Govt. servant immediately before his retirement or death while in service

had been absent from duty or extra ordinary leave or had been under suspension, the period where off does not count as service the emoluments which he draw immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purpose of pension rule.

(iv). If a Govt. Servant immediately before his retirement or death while in service was on earned leave and earned an increment, which was not withheld; such increment though not actually drawn shall form part of his emoluments.

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Provided that the increment was earned during the currency of the earned leave not exceeding one hundred and twenty days or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.

(v.) Pay drawn by a govt. servant while on deputation to the Armed Forced of India shall be treated as emoluments. (vi.) Pay drawn by a Govt. servant while on foreign service shall not be treated as emoluments, but the pay which he would have under the Govt. had he not been on foreign service shall alone be treated as emoluments. (vii.) Where a pensioner who is re-employed in govt. service elects in terms of clause (a) of such rule (a) to retain his pension for earlier service and whose pay on re-employment has been reduced by an amount not exceeding his pension the element of pension by which his pay is reduced shall be treated as emoluments. (viii.) When a Govt. servant has been transferred to an autonomous body

consequent on the conversion of a Department of the Govt. into such a body and the Govt. servant so transferred opts to retain the Pensionary benefits under the rules of the government the emoluments drawn under the autonomous body shall be treated as emoluments for the purpose of the pension rules. (ix.) For the purpose of calculation of retirement/death gratuity D.A. admissible on the date of retirement/death will be treated as emoluments in r/o those who retire on or after 1.1.96. The term emoluments for the purpose of calculating various Pensionary awards other than retirement Gty. shall mean basic pay as defined in F.R.9 (21) (a) (i) which the Government servant was receiving immediately before his retirement or on the date of his death. Average emoluments:

Average emoluments shall be determined with reference to the emoluments drawn by a Govt. servant during the last ten months of his service.

The following points should be kept in view while determining the average emoluments. (i.) If during last ten months of his service a Govt. servant had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be taken into account for determination of the average emoluments.

Provided that any increase in pay other than the increment, which is not actually drawn, shall not form part of his emoluments. (ii.) If during last ten months of his service, a Govt. servant had been absent from duty on E.O.L or had been under suspension the period where does not count a service the aforesaid period of leave or suspension shall be disregarded in calculation of the average emoluments and equal period before the ten months shall be included.

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(iii.) In the case of a Govt. servant who was on E.L. during last ten months of his service and earned an increment, which was not withheld, such increment though not actually drawn shall be included in the average emoluments. Provided that the increment was earned during the currency of the E.L not exceeding 120 days or during first 120 days of E.L where such leave was for more than 120 days. Amount of Pension: In case of Govt. servant retiring in accordance with the CCS (P) Rules 1972 before completing qualifying service of ten years. Service gratuity is payable in lieu of monthly pension, which will be, calculated at the rate of ½ months emoluments for every completed six monthly period of qualifying service.

Linkage of full pension with 33 years of qualifying service shall be dispensed

with. Once a Government servant has rendered the minimum qualifying service of twenty years, pension shall be paid at 50% of the emolument or average emoluments received during the last 10 months, whichever is more beneficial to him.

In cases where Government servant becomes entitled to pension on

completion of 10 years of qualifying service in accordance with Rule 49 (2) of the CCS (Pension) Rules, 1972, pension in those cases shall also be paid at 50% of the emoluments or average emoluments, whichever is more beneficial to, the Government servant.

The amount of pension finally determined shall be expressed in whole rupees

and where a pension contains a fraction of rupees it shall be rounded off to the next rupee. Amount of Retirement Gratuity:

A Govt. servant who has completed 5 yrs of service and has become eligible for service gratuity or pension shall on his retirement be granted retirement gratuity equal to ¼th of his emoluments for each completed to six monthly period of Q.S. subject to maximum of 16 ½ times of emoluments the maximum limit of retirement gratuity is Rs.10 lakh Amount of Death Gratuity:

If a Govt. servant dies while in service the death gratuity shall be paid to his family At the following rates Length of Qualifying Service Rate of death gratuity

Less than 1 yrs. 2 times of emoluments

One year or more but less than 5 yrs. 6 times of emoluments

5yrs or more but less than 20 yrs 12 times of emoluments

20 yrs or more Half of emoluments for every completed six monthly period of Q.S. subject to a maximum of 33 times of emoluments.

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The maximum limit for grant of Death Gratuity is Rs.10 lakh.

If the emoluments of the Govt. servant are reduced during last ten months of his service other wise than as penalty the average emoluments for ten months shall be treated as emoluments for the purpose of calculation of gratuity. Dearness Relief on Pension / Family Pension:

Dearness Relief from 1.7.2006 is granted to compensate for the increase in cost of living beyond the average C.P.I 536. This will be sanctioned twice in a year, from 1st January and 1st July’ based on the price rise beyond the average CPI 536 as on the preceding 31st December 30th June, as the case may be.

Dearness Relief is admissible on original pension before commutation or family pension.

Fraction of a rupee shall be rounded off to the next higher rupee. Dearness Relief will be suspended if the pensioner who is employed/re-

employed under central/State Govt. or re-employed/employed/permanently absorbed in the central or a state Govt. Company, corporation, under taking or Autonomous body or in RBI or in a Public Sector Bank or in G.I.C/L.I.C, etc, holds Group ‘A’ Post or held a post of the rank of commissioned officer at the time of their retirement. Has taken the benefit of post service in the re-employment.

Dearness Relief will be admissible to all family pensioners including those employed under central Govt. etc from 18.7.1997. For pensioners/family pensioners in receipt of more than one pension, the dearness relief will be calculated on the total of all pensions taken together. RATE OF DEARNESS RELIEF HAS BEEN SHOWN IN ANNEXURE “ I ” DISBURSEMENT:

Govt. will endorse a copy of their order to all pension disbursing authorities including the Public Sector Banks and the Postal Department. The Bank/Postmaster will get the copy of the order from their Head Office and other Pension disbursing Authorities and will automatically Credit the increase in the pensioners accounts.

PROVISONAL PENSION WHERE DEPARTMENTAL OR JUDICAL PROCEEDING BE PENDING.

In respect of Govt. servant, who has retired on attaining the age of

superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, the Accounts Officer shall authorize the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Govt. servant, or if he was under suspension on the date of retirement up to the date immediately preceding the date on which he was placed under suspension.

The Accounts Officer shall authorize the provisional pension during period commencing from the date of retirement up to and including the date on which after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

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No gratuity shall be paid to the Govt. servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon.

Provided that where departmental proceedings have been instituted under Rule 16 of the Central Civil Services (classification, Control and Appeal) Rule 1965, for imposing any of the penalties specified in clauses (i) (ii) and (iv) of Rule 11 of the said rules, the payment of gratuity shall be authorized to be paid to the govt. servant.

Payment of provisional pension made, shall be adjusted against final retirement benefits sanctioned to such Govt. servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.

The grant of cent percent provisional pension under Rule 69 ibid is mandatory even if departmental or judicial proceedings are instituted.

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CHAPTER 4

GRANT OF FAMILY PENSION AND DEATH GRATUITY DEATH WHILE IN SERVICE

CONTENTS

01. NEW FAMILY PENSION SCHEME - 1964

02. DEFINITION OF FAMILY FOR THE PURPOSE OF FAMILY PENSION UNDER FPS -1964.

03. PERSONS ALSO ENTITLED TO FAMILY PENSION IN PECULIAR SITUATION.

04. DETERMINATION OF EMOLUMENTS. AMOUNT OF FAMILY PENSION.

05. AMOUNT OF FAMILY PENSION.

06. DEATH GRATUITY.

07. MAXIMUM CEILING ON DCRG FIXED FROM TIME TO TIME.

08. NOMINATION FOR DEATH GRATUITY.

09. MINIMUM LIMIT OF FAMILY PENSION FROM TIME TO TIME.

10. DETERMINATION OF THE DURATION OF AWARDS.

11. DETAILED SCRUTINY OF FAMILY PENSION CLAIM.

12. PROCESS OF FAMILY PENSION CLAIMS

13. DEARNESS RELIEF ON FAMILY PENSION.

14. COMMON ERRORS BY H.O.O

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GRANT OF FAMILY PENSION AND DEATH GRATUITY DEATH WHILE IN SERVICE.

FAMILY PENSION INTRODUCED W.E.F. 17.4.1950

Family Pension is normally granted after the death of the Govt. servant/pensioner. No provision for payment of family pension existed in the old pension rules. The Defence civilians, for the two different set of Govt. orders namely.

(i) Liberalized Pension Rules 1950.

(ii) New Family Pension scheme 1964.

The payment of family pension was for the first time introduced with effect from 17.4.1950 under the provision of new pension rules. Under the provision of new pension rules, family pension was admissible for a limited period of 5 years to the eligible member of family of the deceased Govt. servant who died after completing of 25 years of service either whether in service or after retirement subject to the condition that it should not go beyond 5 years from the date of retirement or assumed date of retirement. The family pension was calculated at the rate of half of pension, if the deceased Govt. servant died after the retirement. From 1.4.57 the period of grant was enhanced to 10 years subject to the condition that it did not go beyond 5 years from the date of retirement or assumed date of retirement. Thereafter with the introduction of New Family Pension Scheme 1964, the provisions of family pension under LPR-50, are no longer operative from 22.9.1977. NEW FAMILY PENSION SCHEME - 1964:

The title to family pension under the new family pension scheme 1964 is effective from 1.1.64 and arises, if the deceased Govt. servant in whose respect, family pension is claimed was himself serving in a pension able establishment on or after 1.1.64 and to a Govt. servant who was in service on 31.12.1963 and came to be governed by the provisions of family pension scheme 1964.

Secondly, in the cases governed by the new family pension scheme 1964 a

family pension is granted to the family of a Govt. servant who dies while in service or after retirement on or after 1.1.64, if at the time of death while in service, the Govt. servant had completed a minimum period of continuous service of one year including period of E.O.L if any, or in cases of death after retirement, he was in receipt of pension or compassionate allowance.

Thirdly the family of the deceased shall also be entitled to Family Pension in cases where a Govt. Servant dies before completion of one-year service provided he immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for Govt. servant.

Fourthly, the provisions of Family Pension Scheme -1964, have also been extended from 22.9.1977 to Govt. servants or pensionable establishment who retired/died before 31.12.1963, as also to those who were alive on 31.12.1963, but had opted out of 1964 scheme.

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DEFINITION OF FAMILY FOR THE PURPOSE OF FAMILY PENSION UNDER FPS-1964.

Family pension is granted to the family of a Govt. Servant in the event of his death while in service or after retirement provided he was in receipt of a pension at the time of his death. For the purpose of grant of Family Pension, the ‘Family’ shall be categorized as under:- Category-I

(a) Widow or widower, upto the date of death or re-marriage, whichever is earlier. (b) Son/daughter(including widowed daughter), upto the date of his/her

marriage/re-marriage or till the date he/she stats earning or till the age of 25 years, whichever is the earliest.

Category-II (c) Unmarried/Widowed/Divorced daughter, not covered by Category I above,

upto the date of marriage/re-marriage or till the date she starts earning or upto the date, whichever is earliest.

(d) Parents who were wholly dependent on the Government servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child.

Family pension to dependent parents unmarried/divorced/widowed daughter will continue till the date of death.

Family pension to unmarried widowed/divorced daughters in Category –II and dependent parents shall be payable only after the other eligible family members in Category-I have ceased to be eligible to receive family pension and there is no disabled child to receive the family pension. Grant of family pension to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of family pension in that category.

NOTE 1: The dependency criteria for the purpose of family pension shall be the minimum family pension along with dearness relief thereon. NOTE 2: The childless widow of a deceased Government employee shall continue to be paid family pension even after her remarriage subject to the condition that the family pension shall cases once her independent income from all other sources becomes equal to or higher than the minimum prescribed family pension in the Central Government. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the pension disbursing authority every six months. NOTE 3: A disabled son/daughter becomes ineligible for family pension on his/her getting married.

PERSONS ALSO ENTITLED TO FAMILY PENSION IN PECULIAR SITUATION

In addition to family members as defined in the definition of family, the following members of the family who are placed in peculiar situations are also eligible for Family Pension under the provisions of Family Pension Scheme - 1964.

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(a) HANDICAPPED CHILDREN

If the son or daughter of a Govt. servant is suffering from any disorder or disability of mind or physically crippled or disabled so as to render him or her to enable to earn a living even after attaining the age of 25 years, the Family Pension shall be payable to such son or daughter for life subject to the conditions laid down in sub rule of Rule 54 of CCS (P) Rules 1972.

These orders are effective from 30.9.74 and apply to that Govt. servant who died /retired on or after 30.9.74 subject to the condition that only “that disability” which manifests itself before the retirement the death of the Govt. servant while in service, shall be taken into account for in the purpose of grant of family pension under these provisions. The handicapped children of those employees who retired/died before 30.9.74, will also be entitled to Family Pension throughout life but in their cases the financial benefit will take effect from 20.5.87 and no arrears on this account will be admissible. The requirement of manifestation of the disability before the retirement/death in harness of a Govt. servant as a precondition for the grant of life time family pension in respect of handicapped children has been dispensed with under Govt. letter dt. 19.2.90.

(b) POSTHUMOUS CHILD Posthumous child of the deceased Govt. servant would also be entitled to Family Pension.

(c) POST RETIRAL SUPOUSES The benefit of Family Pension Scheme 1964 will also be admissible to the post retrial spouses from the date following the date of death of the pensioner.

(d) MISSING EMPLOYEE/PENSIONER When an employee/pensioner disappears leaving behind his family and his whereabouts are not known Family Pension is paid to the eligible member of the family one-year after the date of lodging of the FIR with the police station. The Family Pension will accrue from the date of lodging FIR or expiry of leave of the employee who has disappeared, whichever is later.

(e) FAMILY PENSION IN CASE OF OFFICIALS MISSING AFTER COMMITTING FRAUD In case of officials disappearing after committing fraud Family Pension will be sanctioned only on the Govt. employee being acquitted by the court of law or after the conclusion of disciplinary proceedings.

(f) CHILDREN FROM THE VOID OR VOIDABLE MARRIAGE

Child/Children of a deceased Govt. servant born out of void able marriages or marriage which are held void under the provisions of Hindu Marriage Act, will be eligible for the benefit of Family Pensions when their turn comes in order of their birth. In other words the younger of them will not be eligible for Family Pension

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unless the elder next above him/her has become ineligible for the grant of Family Pension.

(g) CHILDERN FROM DIVORCED WIFE When the deceased Govt. servant or pensioner is survived by a widow but has left behind eligible child/children from a divorced wife or wives the eligible child/children shall be entitled to the share of Family Pension which the mother would have received at the time of death of the Govt. servant/pensioner, had she not been so divorced.

(a) MINOR CHILD / CHILDREN: - The minor child /children of the deceased Govt. servant are also entitled to the

award of Family Pension in the order of their birth and the younger of them will not be eligible from Family Pension unless the elder next above him/her has become ineligible for the grant of Family Pension.

DETERMINATION OF EMOLUMENTS: Family Pension: - The family pension under the New Family Pension Scheme 1964 is calculated on the

emoluments drawn by the govt. servant on the date of his death while in service or immediately before his retirement.

EMOLUMENTS MEANS: -

Basic pay in the Revised Pay Rule-2008 means the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay etc. IMPORTANT NOTE:

If the emoluments of the Govt. servant have been reduced during the last ten months of his service otherwise than as penalty and if for the purpose of calculating the death-cum-retirement gratuity, “his average emoluments” are treated as ‘pay’ for calculating the Family Pension under the New Family Pension Scheme -1964. AMOUNT OF FAMILY PENSION: - (A) Enhanced rate of Family Pension (B) Normal rate of Family Pension NORMAL RATE OF FAMILY PENSION

In the event of death while in service the amount of Family Pension admissible to the eligible member of the family of the deceased Govt. servant will be determined in the following manner.

(i) RATES OF FAMILY PENSION ON OR AFTER 1.1.1964. PAY MONTHLY FAMILY PENSION

A) Pay below Rs. 200/- 30% of pay Min. of Rs.25/-

B) Rs.200/- and above but below Rs.800/-

15% of pay Min of Rs. 60/- max of Rs.96/-

C) Rs.800/- and above 12% of pay Max of rs.150

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(ii) RATES OF FAMILY PENSION ON OR AFTER 1.1.1973 MONTHLY FAMILY PENSION

A) Pay below Rs.400/- 30% of pay Min. of Rs.60/- Max of Rs.100/-

B) Rs.400/- and above but below Rs.1200/-

15% of pay Min. of Rs.100/- max of Rs.160/-

C) Rs.1200/- and above 12% of pay Min. of Rs.160/- Max of Rs.250/-

(iii) RATES OF FAMILY PENSION ON OR AFTER 1.1986 MONTHLY FAMILY PENSION

A) Pay below Rs.1500/- 30% of pay Min. of 375/-

B) Rs.1500/- and above but below Rs.3000/-

20% of pay Min. of 450/-

C) Rs.3000/- and above 15% of pay Min. of Rs.600/- Max of Rs.1250/-

IMPORTANT NOTE

Minimum Family Pension that can be sanctioned is Rs.3500/- pm and maximum of Family Pension Rs.27000/-pm. These are applicable with effect from 01-01-2006 to those employees who have retired/or die on or after 01-01-2006. ENHANCED RATE OF FAMILY PENSION

If the individual dies after having rendered not less than 7 years continuous service his/her family will be entitled to the following rates of enhanced Family Pension.

Family Pension payable at enhanced rate for the initial period after death while in service or after retirement.

Additional Pension to old pensioners

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Condition Continuous service required

for grant of Family

Pension 1964 at

enhanced rate

Death while in service

Death after retirement

Maximum period for which

admissible

i If compensation not paid under WCA 1923.

7 Years 50% of the pay last drawn or twice of the Family Pension at the normal rate whichever is less

50% of the pay last drawn or twice of Family Pension at the normal rate or the pension granted to employee at the time of his retirement from service which ever is less

1. Death while in service- 10 years without any upper age limit .

2. Death after retirement -7 years or for a period upto which the deceased Govt. Servant would have attained the age of 67 years had he survived which ever is earlier

ii If compensation paid under WCA 1923.

7 years 50% of the last pay drawn or 1.5 times the normal Family Pension whichever is less

50% of the last pay or 1.5 times of normal Family Pension or pension granted to employee at the time of retirement whichever is less

1. Death while in service- 10 years without any upper age limit . 2. Death after retirement -7 years or for a period upto which the deceased Govt. servant would have attained the age of 67 years had he survived whichever is earlier.

IMPORTANT NOTE:

(i) Family Pension is payable from the date following the death of the govt. servant.

(ii) After the expiry of currency of the Enhanced Rate of Family Pension, Pension payable shall be at the normal rates.

DEATH GRATUITY

If a Govt. servant dies while in service his family will be entitled to death gratuity. The quantum of death gratuity will be determined on the basis of length of Qualifying Service and the emoluments drawn at the time of death as under.

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LENGTH OF QUALIFYING SERVICE RATE OF DEATH GRATUITY

I Less than one year 2 times of emoluments

II One year or more but less than 5 years 6 times of emoluments

III 5 years or more but less than 20 years 12 times of emoluments

IV 20 years or more Half of the emoluments for every completed six monthly period of Qualifying Service subject to a maximum of 33 times of emoluments.

IMPORTANT NOTE

(i) Maximum death gratuity with effect from 1.1.96 is Rs.3, 50,000/- (ii) Maximum death gratuity with effect from 1.1.2006 is Rs.10 lakh (iii) Amount of death gratuity as finally calculated contain a fraction of a rupee,

it shall be rounded off to the next higher rupee. MAX CEILING ON DCRG FIXED FROM TIME TO TIME: THOSE WHO RETIRED OR DIED ON OR AFTER

THE AMOUNT OF DCRG SHOULD NOT EXCEED THE LIMIT OF

17.04.1950 Rs.24000

01.01.1973 Rs.30000

01.02.1982 Rs.36000

01.04.1985 Rs.50000

01.01.1986 Rs.100000

01.04.1995 Rs.250000

01.01.1996 Rs.350000 01.01.2006 Rs. 10,00000 CEILING ON EMOLUMENTS FOR THE PURPOSE OF DCRG FIXED FROM TIME

TO TIME:

17.04.50 Rs.1500

01.04.1957 Rs1800

01.01.1973 Rs.2500

01.04.1985 Rs.4000

01.01.1986 Ceiling removed DEARNESS RELIEF

With effect from 01-01-2006 all family Pensioner shall be given dearness

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relief against price rise on the same scale as is being recommended for serving employees. NOMINATION FOR DEATH GRATUITY

The nomination for death gratuity can be exercised in favour of anyone of the following members of the family. 1. Wife or wives including judicially separate wife or wives in the case of male

Govt. servant.

2. Husband including judicially separated, husband in the case of a female Govt. Servant.

3. Sons including step sons and adopted sons.

4. Unmarried daughters including step. daughters and adopted daughters.

5. Father including adoptive parents in the case of individuals where personal law permits adoption.

6. Mother including adoptive parents in the case of individuals where personal law permits adoption.

7. Brother below the age of eighteen years including stepbrothers.

8. Unmarried sisters and widowed sisters including step sisters.

9. Married daughters and

10. Children of pre deceased son. IMPORTANT NOTE:

1. The nomination should be in the prescribed from and is duly countersigned by the H.O.O.

2. If the officer had nominated any person, company or association (incorporated or not) it should be ensured that he had no family at the time of making such nomination. Such nomination becomes invalid after the officer subsequently acquires the family.

3. If at the time of making the nomination, the Govt. Servant has only one member in his family the nomination shall becomes invalid in the event of the govt. servant subsequently acquiring an additional member in the family.

4. If no nomination exists or the nomination does not subsist, a statement showing the surviving family members is furnished by the highest-ranking eligible member of the family. It is to be equally distributed amongst the family members.

MINIMUM LIMIT OF FAMILY PENSION FROM TIME TO TIME. AMOUNT DATE OF

COMMENCEMENT

REMARKS.

Rs.25/-pm 01.01.1964 No AHI is admissible

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Rs.40/- pm 01.03.1970 1. Including TI & AHI

2. Applicable in cases of death occurring on or after 28.2.1970 3. Existing pension should be revised to Rs.40/- pm if the same together with AHI/TI where applicable falls shorts of Rs.40/- pm

Rs.60/- pm 01.01.1973 In respect of death occurring on or after 11.1973

Rs.140/- pm 01.04.1982 Including the amount of pension and relief if pension plus relief falls short of Rs.140/-pm the same should be stepped upto Rs.140/- pm

Rs. 150/- 01.04.1983 If pension plus relief falls short of Rs.150/- the same should be stepped upto Rs.150/- pm

Rs.375/-pm 01.01.1986 Applicable in cases of death occurring on or after 1.1.1986

Rs.1275/- pm 01.01.1996 Applicable in cases of death occurring on or after 1.1.1996.

Rs. 1913/-pm 01-04-2004

Applicable in cases of death occurring on or after 1.1.2004.

Rs. 3500/-pm 01-01-2006 Applicable in cases of death occurring on or after 1.1.2006.

DETERMINATION OF THE DURATION OF AWARD

COMMENCEMENT OF FAMILY PENSION:

Commencement of family pension takes effect from the date following the date of death of Govt. servant/pensioners. (A) DURATION OF ENHANCED RATE OF FAMLIY PENSION (a) In case of Govt. servant dying while in service on or after 1.1.1966 but before 1.1.1973.

After completion of 7 years or more continuous service including period of EOL, if any, prior to this death, the Family Pension will be payable at enhanced rate for a period of 7 years from the date following the date of death or till the date on which he would have reached the normal age of superannuating, had he survived, whichever is earlier and thereafter at normal rates. (b) In the event of death of a Govt. servant who died while in service on or after 1.1.1973.

After completion of 7 years or more continuous service including period of EOL, if any, prior to his death, the Family Pension at enhanced rate will be payable

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for a period of 7 years from the date following the date of death or upto the date on which the deceased govt. servant would have attained the age of 65 years (67 years from 13.5.1998) had he survived or till the death or disqualification which ever period is shorter and thereafter at normal rates.

(a) In the event of death after retirement on or after 1.1.1973.

Of a pensioner, the Family Pension at enhanced rate shall be payable for a period of 7 years or upto the date on which the deceased pensioners would have attained the age 65 yrs (67 yrs from 13.5.98) or till the date of the death or disqualification of Family Pension which ever period is shorter and thereafter at normal rates. (B) DURATION OF NORMAL RATE OF FAMILY PENSION: The periodicity of normal rate of family pension in respect of following categories of claimants will be as under.

(i) Widow/widower - till death or remarriage whichever occurs earlier

(ii) Son/daughter including widowed/divorced daughter- till he/she attains the age of 25 years or up to the date of his / her marriage / remarriage or upto the date of earning livelihood or death which ever occurs earlier.

(iv) Dependent parents - till their earning is not more that Rs.2550/- pm.

DETAILED SCRUTINY OF FAMILY PENSION CLAIM: The detailed scrutiny of Family Pension claims involves. a) Checking of documents.

b) Verification of length of Qualifying Service.

c) Determination of emoluments for Family Pension/ death gratuity

d) Calculation of Family Pensionary awards.

e) Determination of duration of the award.

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DOCUMENTS REQUIRED FOR FAMILY PENSION.

SL. NO.

DOCUMENT COPIES REQUIRED

1 Daily order (Part-II) notifying date of retirement 1

2 The Data sheet 1

3 IAFA-356 (Family Pension Application) 1

4 Photograph of spouse duly countersigned 2

5 Descriptive roll, Slip containing specimen signature/thumb impression. Finger impression of the claimant (spouse)

2

6 Detailed calculation sheet 2

7 Nomination for death gratuity 1

8 Statement showing non Qualifying Service 1

9 PCDA (Pensions) audit report regarding counting of former spell of service, if any

1

10 Certificate under WC Act 1923 1

11 Identification mark of the spouse 2

12 Original death certificate 1

13 Only widowhood certificate 1

14 No demand certificate 1

15 Supporting documents for the demand if any 1

16 Option for fixed medical allowance where applicable 1

17 Govt. contribution resumption certificate in respect of industrial employees.

1

18 Nomination for life time arrears of family pension 1

19 Explanation for delayed submission of family pension claims if any

1

20 Certified that neither any claim on account of Pensionary benefits has been preferred no will be preferred for manual / computerized notification in respect of Shri ………………………………

1

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PROCESSING OF FAMILY PENSION CLAIMS: -

(i) DEATH AFTER RETIREMENT: - The award of Family Pension payable to the Spouse of retired govt. servant who is governed by Family Pension scheme 1964 is notified jointly along-with the notification of pension/gratuity in respect of the retired Govt. servant. In such cases no separate claim for Family Pension will be necessary. The PDAs commence payment of Family Pension to the spouse after the death of the pensioner in accordance with the instructions contained in the joint notification of the PPOs of the retiring Govt. servant.

If the Family Pension is not notified jointly with the PPO of the individual, then Family Pension claim will be preferred by the HOO. The Family Pension claim will also be preferred by HOO in case Family Pension would be payable to the eligible child of the deceased Govt. servant.

(ii) DEATH WHILE IN SERVICE: - The claims in account of Family Pension

Death Gratuity in r/o these Govt. employees who die while in service are also preferred by HOO in Family Pension application IAFA-356A. The claim along with other certified documents are forwarded by the HOO to the Pr. CDA (P) Allahabad as soon as the casualty occurs but in no case later than one month from the date of casualty.

IMPORTANT NOTE: - The H.O.Os have also been authorized to sanction provisional Family Pension/full death gratuity from the date following the date of death of Govt. employee for a period of six months. The amount of Family Pension/death gratuity paid to the spouse/children of the deceased Govt. servant for six months will be noted as demand and shown in the data sheet in the respective demand claim by HOO and will be recovered as and when final award of Family Pension/death gratuity notified by the Pr. CDA (P) Office. COMMON ERRORS BY H.O.O

1. Some times the data sheet submitted to this office with Family Pension claim are not countersigned by CDA /LAO.

2. The break-ups of demands outstanding against the deceased Govt. servant

are not shown in the respective columns of data sheet. The H.O.O should submit a proper sheet showing the details of demand outstanding against the deceased for recovery from death gratuity while notifying the Family Pension award.

3. The calculation sheet for the amount of Family Pension/death gratuity is generally not signed by the H.O.O.

4. Original nomination for DCRG are not furnished by H.O.O, instead they submit Xerox copy.

5. Generally it is noticed while auditing the Family Pension claim, WC Act 1923 certificate is not accompanied with the claim This certificate is essential as it determines the amount of Family Pension in certain conditions where death of the Govt. servant has taken place.

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CHAPTER 5

GRANT OF DISABILITY PENSION/FAMILY PENSION UNDER C.C.S (EOP) RULES AND LIBERALIZED PENSION RULES

CONTENTS

1. 1. DISABILITY PENSION UNDER CCS (EOP) RULES.

2. CATEGORISATION OF DIFFERENT CIRCUMSTANCES UNDER WHICH DISABILITY PENSION IS PAYABLE.

3. RATES AND CALCULATION OF DISABILITY PENSION

4. CONDITION FOR GRANT OF FAMILY PENSION UNDER CCS (EOP) RULES AND CALCULATION

5. CATEGORIZATION OF DIFFERENT CIRCUMSTANCES UNDER WHICH FAMILY PENSION UNDER CCS (EOP) RULES IS PAYABLE

6. CONDITIONS FOR GRANT OF FAMILY PENSION UNDER LIBERALIZED PENSION RULES, RATES OF FAMILY PENSION AND CALCULATION OF FAMILY PENSION

7. RENDITION OF AUDIT REPORT OF GRANTS OF DISABILITY PENSION/SPECIAL FAMILY PENSION UNDER CCS (EOP) RULES/LPAR

8. SANCITON OF AWARD.

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DISABILITY PENSION/SPECIAL FAMILY PENSION UNDER CCS (EOP) RULRS/LIBERALISED PENSION RULES.

Under the provisions of Rule 38 CCS (Pen) Rules, Invalid pension is granted to a Govt. servant who retires from the service on account of any bodily or infirmity, which permanently incapacitates him from service. This is granted on the basis of medical certificates given by a medical board or civil surgeon as the case may be. DISABILITY PENSION UNDER CCS(EOP)RULES In addition to invalid pension the Govt. servant is also entitled for disability pension as provided in CCS (EOP) rules under following condition:-

(a) Disease should be one of those listed in schedule 1-A of CCS (EOP) rules reproduced as appx-3 CCS (Pen) rules Swamy’s compilation

(b) Injuries resulting in permanent total/partial disablement should be as mentioned in schedule-1.

(c) Disablement should have been due to wound, injury or disease, which is (i) attributable to Government service, or (ii) existed before or arose during Government Service and has been and remains aggravated there by.

(d) There should have been a casual connection between disablement and Government service. It is essential for the administrative officer as well as Audit Officer concerned (PAO) to satisfy themselves that the disability is in fact attributable to or aggravated by the Government service and certify the nexus and casual connection between disablement and Government service.

(e) Injury should not have been sustained more than 5 years before the date of application.

(f) Cases where disease did not actually lead to Government servant discharge from service but arose within 7 years thereafter may be recognized as attributable to service if it can be established medically that disability is a delayed manifestation of a pathological process set in motion by service conditions obtaining prior to discharge and that if the disability had been manifest at the time of discharge, the individual would have been invalided out of service on this account.

(g) Injuries sustained when the man is ‘on duty’ will be deemed to have arisen in, or resulted from Govt. service.

(h) In cases of self-inflicted injuries while on duty, attributability will not be conceded unless it is established that service factors were responsible for such action.

CATEGORIZATION OF DIFFERENT CIRCUMSTANCES UNDER WHICH DISABILITY PENSION IS PAYABLE. Different circumstances under which disability pension is payable have been categorized as under. CATEGORY-A Disability due to natural causes not attributable to Government service. Some of the examples are chronic like heart and renal diseases, prolonged illness, accidents while not on duty.

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CATEGORY-B Disability due to causes which are accepted as attributable to or aggravated by Government service. Diseases contracted because of continued exposure to hostile work environment, subjected to extreme weather conditions or occupational hazards resulting in disability would be examples. CATEGORY-C Disability due to accidents in the performance of duties. Some examples are accidents while traveling on duty in govt. vehicles or public transport, a journey on duty is performed by service aircraft, mishaps at sea, electrocution while on duty etc. CATEGORY-D Disability attributable to acts of violence by terrorists, anti social elements etc. whether in their performance of duties or otherwise. Apart from cases of injury sustained by personnel of central police organization while employed in aid of civil administration in quelling agitation, riots or revolts by demonstrator, other public servants including police personnel etc, bomb blasts in public places or transports, indiscriminate shooting incidents in public etc. would be covered under this category. CATEGORY -E Disability arising a result of (a) attack by or during action against extremists, anti-social elements etc. and (b) enemy action in international war or border skirmishes and war like situations, including cases which are attributable to (i) extremists acts, exploding mines etc, while on way to an operational area (ii) Kidnapping by extremists’ and (iii) battle inoculation as part of training exercises with live ammunition. RATES AND CALCULATION OF DISABILITY PENSION. CATEGORY -A Cases under this category will be covered under normal existing provisions of CCS (Pen) rules. CATEGORY B&C –

1. Normal pension and gratuity admissible under the CCS (Pen) rules plus disability pension equal to 30% of basic pay for 100% disability.

2. For lower percentage of disability, the monthly disability pension shall be proportionately lower, provided that where permanent disability is not less than 60% of the total pension (i.e. pension or service gratuity admissible under the ordinary pension rules plus disability pension) shall not be less than 60% of basic pay, subject to a minimum of Rs.7000/-

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CATEGORY - D (1) Disability pension comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service upto the date on which he would have retired in the normal course and disability element equal in amount to normal family pension subject to the condition that the aggregate of the service and disability element shall not be less than 80% of the pay last drawn for 100% disability. (2) For lower percentage of disability, the disability element shall be proportionately lower as at present. CATEGORY E – (1) Disability pension, comprising a service element equal to the retiring pension and

gratuity to which the employee would have been entitled to on the basic of his pay on the date of invalidation but counting service upto the date on which he would have retired in normal course and disability element equal in amount to the pay last drawn subject to the condition that the aggregate of the service and disability elements shall not exceed the pay last drawn for 100% disability.

(2) For lower percentage of disability, the disability element shall be proportionately lower as at present.

For computing disability element forming part of above benefits the extent of

disability shall be determined in the following manners. PERCENTAGE OF DISABILITY ASSESSED BY MEDICAL BOARD

PERCENTAGE TO BE RECKONED FOR COMPUTATION OF DISABILITY

Less than 50 50

Between 50 and 75 75

Between 76 and 100 100 (III) CONDITION FOR GRANT OF FAMILY PENSION UNDER CCS (EOP) RULES - RATES AND CALCULATION Family pension under CCS (EOP) rules will be granted under following conditions: -

(a) He should not have been governed by workmen’s compensation Act-1923.

(b) Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by.

(i) A wound injury or disease, which was attributable to Government service

or

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(ii) The aggravation by Government service of a wound, injury or disease, which existed before or arouse during Government service.

(c) There should be a causal connection between death and Government service. -

It is essential for the administrative officer as well as Audit Officer (PAO) to

satisfy themselves that the death is in fact attributable to or aggravated by Government service and certify the nexus and casual connection between death and government service.

(d) No award shall be made in respect of death, which occurred more than 7 years.

(i) After the injury due to violence or accident was sustained, or

(ii) After the Government servant was medically reported as unfit for duty on account of the disease of which he died.

(e) Where an individual is in receipt of disability pension dies at home, and it cannot, from a strictly medical point of view, be definitely established that the death was solely due to the disablement in respect of which the disability pension was granted.

(i) The benefit of doubt in determining attributably, should go to the family of deceased, if death occurs within 7 years form the date of his invalidment from service, unless there are other factors adversely affecting the claim; and

(ii) If death takes place more than 7 years after the date of the man’s invalidment from service, the benefit of doubt will go to the state.

(iii) In case where an individual outlives a normal span of life. i.e. where death takes palace at the gage of 60 or above, the death should be held to be due to normal causes and not to government service.

(iv) Death of a disability pensioner, whose disablement has been accepted on the basis of aggravation, may also be accepted as due to Government service if the last assessment of disablement was 50% or above. If the last accepted assessment of disablement was less than 50% death should not be regarded as due to service.

CATEGORIZATION OF DIFFERENT CIRCUMSTANCES UNDER WHICH FAMILY PENSION UNDER CCS (EOP) RULES IS PAYABLE.

Different circumstances under which family pension under CCS (EOP) rules is payables have been categorized as under.

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Category - A

Death due to normal causes not attributable to Government service. Examples would be chronic aliment like heart and renal diseases, prolonged illness, accidents while not on duty. Category - B

Death due to causes which are accepted as attributable to or aggravated by Government service. Disease contracted because of continued exposure to a hostile work environment, subjected to extreme weather conditions or occupational hazards resulting in death would be examples. Category C -

Death due to accidents in the performance of duties. Some examples are accidents while traveling on duty in Government Vehicles or public transport, a journey on duty is performed by service aircraft, mishaps at sea electrocution while on duty etc. RATES AND CALCULATION CATEGORY -A

Cases under this category would continue to be covered under the normal existing provisions of CCS (Pen) rules. CATEGORY B&C – 1. Quantum of monthly extra ordinary family pension for widows are: -

(i) Where the disease Government servant was not holding a personable post. 40% of basic pay subject to a minimum of Rs. 4550/-

(ii) Where the deceased government servant was holding a personable post. 60% of basic pay subject to a maximum Rs.7000/-

2. In case where the widow dies or remarries, the children shall be paid family pension at the rates mentioned at (i) or (ii) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS (Pen) rules. Dependent parents/ brothers/sisters etc. shall be paid family pension one-half the rate applicable to widows/fatherless or motherless children.

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CONDITIONS FOR GRANT OF FAMILY PENSION UNDER LIBERALIZED PENSION RULES, RATE OF FAMILY PENSION AND CALCUALTION OF FAMILY PENSION. Family pension under liberalized pension rules is also admissible to those civilian Government servants who are governed by workman’s compensation Act - 1923 Different circumstances under which it is admissible have been categorized as under: - CATYEGORY -D

Death attributable to acts of violence by terrorist, anti-social elements, etc. whether in their performances of duties or otherwise. Apart from cases of death of personnel of the Central Police organizations while employed in aid of the civil administration in quelling agitation, riots or revolts by demonstrators, other public servants including police personal etc. bomb blasts in public places or transport, indiscriminate shooting incidents in public, etc, would be covered under this category. CATEGORY - E: - Death arising as a result of

(a) Attack by or during action against extremists, anti-social elements etc. and

(b) Enemy action in international war or border skirmished and war like situation including cases, which are attributable to

(i) Extremist acts, exploding mines etc while on way to an operational area

(ii) Kidnapping by extremists and

(iii) Battle inoculation as part of training exercises with live ammunition RATES AND CALCULATION: - 1. Family pension in cases, falling under categories D & E shall be determined

under the existing provision of liberalized Pensionary Awards Scheme.

The existing provision of this scheme is as under.

(a) If the Govt. servant is survived by the widow she will be entitled to family pension equal to the pay last drawn by the deceased Govt. servant. The said family pension shall be admissible to her for life or until her remarriage.

(b) In the event of re-marriage of the widow family pension will be allowed at the rates of family pension and subject to the conditions laid down for family pension under the CCS (Pension) rules 1972 from the date following the date of her remarriage.

2. If the Govt. servant is not survival by widow but is survived by child/children

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only all children together shall be eligible for family pension at the rate of 60% of basic pay subject to a minimum of Rs.7000/-

3. When the Govt. servant dies a bachelor or as a widower without children dependent pension will be admissible to parents without reference to pecuniary. Circumstances at the rate of 75% of pay last drawn if both parents are alive and at the rate of 60% if only one of them is alive.

RENDITION OF AUDIT REPORT FOR GRANTS OF DISABILITY PENSION/SPECIAL FAMILY PENSION UNDER CCS (EOP) RULES/LPR Following documents are required for preparation of audit report.

(a) A full statement of circumstances in which the injury was received, the disease was contracted or death occurred.

(b) The application for disability pension in form ‘A’ or as the case may be, the application for family pension in Form ‘B’ of the Forms set forth in schedule-IV CCs (EOP) Rules.

(c) In case of an injury of Govt. servant or one who has contracted a disease a medical report in Form ‘C’ of the forms set forth in Schedule IV of CCS (EOP) Rules. In the case of a deceased Govt. servant a medical report as to the death or reliable evidence as to the actual occurrence of death if the Govt. servant lost his life in such circumstances that a medical report cannot be secured.

SANCTION OF AWARD

No award shall be made under above categories except with the sanction of the President. However appointing authorities have been delegated powers to sanction awards under the relevant Extra ordinary pension Rules in those cases in which proposed pension or gratuity is held to be clearly admissible under Rules i.e. where there is no disagreement between the Accounts Officer and the appointing authority as regards the admissibility of the awards or the amount admissible.

In cases where President is the appointing authority the powers already delegated will continue to be exercised by the Administrative Ministries and the Comptroller and Auditor General. Cases, which are not clearly covered by the Rules or where there is disagreement between the various authorities mentioned above or wherein award in proposed to be granted on ex-gratia basis, should, however, continue to be referred to the Ministry of Finance as usual.

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CHAPTER 6

COMMUTATION OF PENSION DEFENCE CIVILIAN

CONTENTS

1. COMMUTATION OF PENSION, DEFENCE CIVILIAN.

2. COMMUTATION OF PENSION WITHOUT MEDICAL EXAMINATION.

3. COMMUTATION OF PENSION AFTER MEDICAL EXAMINATION.

4. CALCULATION OF COMMUTATION.

5. WHEN COMMUTATION OF PENSION BECOMES ABSOLUTE.

6. REDUCTION IN THE AMOUNT OF PENSION AFTER COMMUTATION.

7. COMMUTATION AFTER ONE YEAR OF RETIREMENT AND PROCEDURE FOR MEDICAL EXAMINATION.

8. ACTION TAKEN BY MEDICAL AUTHORITY.

9. FAILURE TO APPEAR BEFORE MEDICAL AUTHORITY.

10. SECOND MEDICAL EXAMINATION

11. WITHDRAWAL OF COMMUTATION APPLICATION.

12. RESTRICTION ON COMMUTATION OF PENSION.

13. RESTORATION OF COMMUTED PORTION OF PENSION.

14. RESTORATION OF 1/3RD MONTHLY PENSION WHERE LUMP-SUM AMOUNT WAS GRANTED TO THE EMPLOYEES ON PERMANENT ABSORPTION.

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COMMUTATION OF PENSION DEFENCE CIVILIANS Commutation is a kind of contract between the pensioner as a purchaser and the Govt. under which both the parties become bound to comply with the provisions of commutation rules. The Civil Pension (Commutation) Rules and Regulations, which prescribe the procedure for commutation of pension of Central govt. pensioner were initially promulgated on 1.4.1925. Since then several changes have had to be effected partly by formal amendments to the existing rules but mostly by issue of executive orders before the CCS (Commutation of Pension) Rule 1981 came into effect. Before the introduction of New Pension Scheme under the provisions of; LPR -50 with effect from 17.4.1950, a pensioner was entitled to commute a portion not exceeding 50% of his pension A central Govt. servant who retired before this date i.e. 17.4.1950 was neither entitled to DCRG in addition nor to family pension after his death. It was only after introduction of New Pension Scheme that the Central Govt. servants became entitled to the additional sum of DCRG on their retirement from service on or after 17.4.1950. There after the maximum limit of the portion of pension upto which pension could be commuted was brought down from half to 1/3rd of pension. When a pensioner is allowed to commute a portion of his pension it is meant that he is allowed.

a. To forego the title to receive the commuted portion of the pension.

b. To acquire the title to receive the commuted value thereof subject to the observance of the provisions of “Central Civil service”(Commutation of Pension) Rules 1981.

No commutation of pension is permissible when Govt. servant is involved in a departmental or judicial proceeding. A. COMMUTATION OF PENSION WITHOUT MEDICAL EXAMINATION A Govt. servant is entitled to commute for a lump-sump payment of a fraction not exceeding 40% of his pension (This limit of commutation takes effect for those Govt. servant retiring on or after 1.1.96.) Retirees of the following categories of retirement are exempted from medical examination.

Applicant applies within a year of the date of retirement and retires on

i. Superannuation pension

ii. Retiring pension

iii. Pro-rata pension

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iv. Compensation pension

B. COMMUTATION OF PENSION AFTER MEDICAL EXAMINATION An applicant who:

i. Retires on invalid pension.

ii. On absorption in Public Sector Undertakings etc shall be eligible to commute his pension subject to the permissible limit after he is declared fit by the appropriate medical authority.

iii. Retired compulsorily as measure of penalty.

iv. Pensioner in receipt of compassionate allowance.

v. Has retired from service on superannuation/retiring pension/pro-rata pension compensation pension but his application for commutation has not been received by the head of Office within one year of the retirement.

CALCULATION OF COMMUTATION The lump sum payable to the applicant is calculated in accordance with the table prescribed from time to time and applicable to the applicant on the date on which commutation becomes absolute. The commuted value of pension is calculated with reference to the number of years purchase for age next birthday after absolute/date of medical examination. The formula for calculation of commuted value of pension is as under. C.V.P = AMOUNT OF PENSION COMMUTED x P.V. FOR AGE NEXT BIRTH DAY x 12 COMMUTATION OF PENSION BECOMES ABSOLUTE AS UNDER: -

i. The date on which commutation application is received by the HOO in cases a Govt. servant who applies for commutation of pension within one year of the date of retirement.

ii. The date following the date of retirement in case a Govt. servant who is due to retire on superannuation and desires payment of commuted value of pension authorized at the time of issue of PPO notifying Pensionary awards.

iii. The date on which medical authority signs the medical report in case where commutation application is not received by Head of Office within one year of the date of retirement.

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IMPORTANT NOTE:-

‘NOMINATION’

1. An application shall make a nomination in Form 5 along with the application referred in rule 13 or rule 19 of CCS (Commutation of Pension) Rules 1981, as the case may be, conferring on one or more persons the right to receive the commuted value of pension in case the applicant dies without receiving the commuted value on or after the date on which commutation became absolute.

2. If there is no such nomination, or if the nomination made does not subsist, the commuted value shall be paid to the family in the manner indicated in sub-rules (1) (b) of Rule 51 of the Pension Rules.

3. If in any case the commuted value can not be paid in the manner indicated in sub-rules (1) and (2) above, the same shall be paid to his heirs.

REDUCTION IN THE AMOUNT OF PENSION AFTER COMMUTATION: -

The reduction in the amount of pension becomes operative as under.

a. In case of an applicant who draw pension from treasury / DPDO from the date of receipt of the commuted value of pension or at the end of three month from the date of issue of PPO whichever is earlier.

b. In case an applicant who draws pension from branch of Public Sector Bank, the reduction in amount of pension on account of pension commuted shall be operative from the date on which the commuted value of pension is credited by the bank to the applicants account to which pension is credited.

c. In case where individual applies for commutation of pension before the date of his retirement the commuted value becomes payable on the day following the date of retirement and the reduction in the amount of pension on account of commutation shall be operative from its inception. Date of reduction in pension came into force from 11.7.1975.

APPLICATION FOR COMMUTATION AFTER ONE YEAR OF RETIREMENT AND PROCEDURE FOR MEDICAL EXAMINATION If any Govt. servant retires on superannuation / retiring pension / compensation pension / pro-rata pension and applies for commutation after one year from the date of his retirement shall be eligible to commute a fraction of his pension after he has been declared fit by the appropriate medial authority. The medical authority comprises of board of Doctors who assess the bodily health of the pensioner and whether he has a prospect of an average duration of life. The commutation becomes absolute on the day the medical authority of the Medical Board signed the medical certificate. In other words, the Pension was reduced by the commuted portion reduced the pension from the date on which the medical board signs the medical certificate. On receipt of two copies of commutation application from the HOO relevant medical

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forms showing the nature of medical examination are sent to Director of Medical & Health services under whose jurisdiction the pensioner is residing. Option rests with the pensioner from where he wishes to get himself medically examined. ACTION TAKEN BY MEDICAL AUTHORITY. The chief Administrative Medical Authority/Director of Medical & Health Services on receipt of documents from the Pr. CDA (P) office shall.

i. Arrange as for as possible for the medical examination of the applicant by the medical authority at the nearest available station.

ii. Transmit the documents to the medical authority (Comprised by Board of Doctors) with the direction to examine the applicant.

iii. Inform the applicant as to where and when he should appear for medical examination.

In fixing the date of medical examination it shall be ensured that the medical examination is held, as far as possible, before the date of applicants next birthday. After the pensioner presents himself before the medical authorities the medical authority shall.

a) Obtain from the applicant a statement in Part I of Form 4 duly signed by the applicant in its presence.

b) Subject the applicant to medical examination and enter the result thereof in Part-II of Form 4.

c) Attest the unattested copy of the photograph of the applicant.

d) Complete the certificate contained in part III of Form 4.

All the documents mentioned above as form 4 (Part I, II, III) are thereafter forwarded to Pr. CDA (P) office with a copy of intimation to HOO and the pensioner. On receipt of the above documents from the Medical authority the reports and other relevant statements are examined and commutation award is notified in the PPO for payment to the pensioner. FAILURE TO APPEAR BEFORE MEDICAL AUTHORITY.

(i) If the applicant after receipt of communication from the Chief Administrative Medical Authority or the Medical Authority fails to appear for medical examination before the medical authority on the date and time communicated to him and there is no reasonable ground for his failure, the Medical Authority shall report the fact to the Head of Office concerned and return the documents to HOO/PCDA (P) office.

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With the return of documents to the office the application for commutation shall be treated as having been withdrawn. SECOND MEDICAL EXAMINATION: - Second medical examination on request of the pensioner takes place after the expiry of a period of not less than one year from the date of the first medical examination. If the applicant desires to be re-examined on the expiry of period mentioned above the examination shall be by a medical board at his own expense. For this purpose the pensioner shall address a letter to Pr. CDA (P) office with the request that arrangements for his re-examination by a medical board may be made. The applicant shall intimate in the letter.

i) The Medical Authority which examined him earlier and the date on which such examination took place.

ii) The place where he was examined

iii) The opinion of the medical authority.

iv) The date of birth and date of retirement

v) Designation of the post held at the time to retirement

vi) The amount of pension authorized.

vii) The fraction of pension, which was originally applied for commutation.

Pr. CDA (P) on receipt of the above documents forwards the same to Chief

Administrative Medical Authority for second Medical examination of the pensioner. WITHDRAWAL OF COMMUTATION APPLICATION

The applicant may after giving notice in writing to the HOO withdraw his application at any time before subjecting himself to medical examination before the medical authority but in no case after he has appeared before such authority.

In case the medical authority directs that the applicant’s age for the purpose of commutation shall be assumed to be greater than his actual age, the applicant may give notice to the HOO within fourteen days with draw his commutation application.

If the applicant is informed about any modification of the Table (Purchase value table) which results in the payment of less commutation than the commutation value intimated to him he may within fourteen days on which he receives intimation of such modification withdraw his commutation application. RESTRICTION ON COMMUTATION OF PENSION.

No Govt. servant against whom departmental or judicial proceedings have been instituted before the date of his retirement or the pensioner, against whom such

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proceedings are instituted after the date of his retirement, shall be eligible to commute a fraction of his provisional pension during the pendency of such proceedings. RESTORATION OF COMMUTED PORTION OF PENSION.

All the Central Govt. pensioners governed by C.C.S (commutation of Pension) Rules 1981 and who has commuted the admissible portion of their pension are entitled to have the commuted portion restored on the expiry of fifteen years from the date of retirement.

All central Govt. pensioners who have commuted a portion of their pension and on 1.4.85 or thereafter have completed or will compete fifteen years from their respective dates of retirement will have their commuted portion of pension restored. With a view to ensuring that the decision regarding restoration of the commuted portion of pension is uniformly applied in all cases according to its true intendment it is clarified that the 15 years period for restoration may be reckoned from the date of retirement itself only in cases where commutation of pension has been simultaneously notified with retirement. In other words cases where payment of the commuted value of pension was made during the first month of retirement leading to appropriate reduction on account of commutation in the first pension itself will be deemed to be falling in this category. In all other cases i.e. where commutation of pension led to a reduction in the second or subsequent month the 15-year period will be reckoned from the date of commutation i.e. from the date on which reduction in pension on account of commutation became effective.

Each pensioner who is eligible for commuted portion of pension resorted after fifteen years applies to the Pension Disbursing Authority / bank who will restore the commuted portion of pension. Arrears will also be paid by the PDA. RESTORATION OF 1/3RD MONTHLY PENSION WHERE LUMP SUM AMOUNT WAS GRANTED TO THE EMPLOYEE ON PERMANENT ABSORPTION.

Govt. Servants who had drawn lump sum payment on absorption in a PSU/Autonomous body have become entitled to restoration of 1/3rd-commuted portion of pension. In other words the benefits of the restoration of commuted pension shall be admissible to all those Govt. servants who had been absorbed in PSUs / Autonomous / Statutory Bodies notwithstanding the fact that having commuted the full pension they were not in receipt of any monthly pension.

All the concerned Central Govt. aborbees in a PSU/Autonomous Body etc shall have to formally apply to the respective Ministry/Department office/office from where they had retired and were paid lump-sum commuted value of pension.

Since no PPO had been issued in their case as they had drawn lump sum payment and were not entitled to the drawl of monthly pension the concerned HOO shall after verification of the claims from the relevant records issue suitable instruction to the pension granting office for issue of PPOs.

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In cases where the absorbee govt. Servant had completed 15 years from the date of commutation on 1.4.85 or thereafter and had died subsequently his/her legal heirs is entitled to receive arrears w.e.f. 1.4.85 or from the date of completion of 15 years from the date of commutation whichever is later, till the date of the abosrbee’s death. For this purpose legal heirs have to apply to the concerned Ministry/Department/Office from where the absorbee had retired for settlement of the case.

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CHAPTER 7

PROCEDURE FOR PROCESSING OF SUPERANNUATION/ RETIREMENT

CASES ON COMPUTER

CONTENTS

1. INITIATION OF PENSION CLAIM THROUGH DATA SHEET BY HEAD OF

OFFICE

2. CHECKING OF DATA SHEET BY CDA/LAO/PAO/RAO

3. TYPES OF CASES NOT TO BE PROCESSED THROUGH LPC CUM DATA SHEET.

4. DOCUMENTS REQUIRED TO BE SENT ALONG WITH PENSION CLAIMS.

5. PROCESSING OF PENSION/GRATUITY CLAIMS OF DEFENCE CIVILIANS THOURGH COMPUTERISED PROCESS IN THE OFFICE OF PCDA (P) ALLD.

6. PROCEDURE REGARDING. - PREPARATION/COMPLETION OF EACH COLUMNS OF DATA SHEET.

7. COMMON ERRORS IN PREPARATION OF DATA SHEET.

8. DELAY IN SUBMISSION OF PENSION CLAIMS BY H.O.O (ORGANISATION WISE)

9. ORGANISATION CODE-ANNEXURE A - NATURE OF PENSION CODE - ANNEUXURE - B , PAY SCALE CODE - ANNEUXRE C, GALLANTRY AWARDS CODE - ANNEXURE D, PDA CODES - ANNEXURE E, DPDO CODES - ANNEXURE F, CODES FOR STATE/UNION, TERRITORIES/NEPAL ANNEXURE G, BANK CODES - ANNEXURE H, DATA SHEET.

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PROCEDURE FOR PROCESSING OF SUPERANNUATION / RETIREMENT CASES ON COMPUTER.

For speedy finalization of pension claims in retirement cases in respect of Defence civilians, Office of the PR. CDA (Pensions) started generating computerised PPOs in the year 1987. INITIATION OF PENSION CLAIM THROUGH DATA SHEET BY HEAD OF OFFICE. Claims for Pensionary awards in respect of Defence Civilians are submitted by respective Head of offices to Pr.CDA (Pensions) Allahabad for necessary sanction and notification of the award in Pension Payment Orders. Pensionary awards include pension retirement gratuity and commutation. Pension is determined with reference to the length of qualifying service and average pay drawn during the period of last ten-months preceding the date of retirement. Retirement Gratuity is determined with reference to quantum of qualifying service and last pay drawn and DA there on the date of retirement. The requirement of the service book in support of pension claim (IAFA-356) for sanction of Pensionary awards in respect of Defence Civilians has been dispensed with. In lieu thereof a “Data Sheet” containing integrated information forms the basis for notification of Pensionary awards. The data sheet contains all the relevant information which are necessary for computing the award of pension, gratuity and consists of five part namely service, pay, commutation, family and PDA particulars. The Head of Office shall prepare three copies of data sheet i.e. one as office copy, second for PAO and third (Original copy) for Pr. CDA (P) Allahabad. The data sheet should be filled in neatly and accurately in block letters. The Alphabetic, Alphanumeric and special characters are to be filled in from left side to right side and numeric data from right hand side to left hand side. After filling the data sheet and signing and Affixing seal the second and third (Original) copies, the head of office pass on along with the service book and pension claim to the LAO/BAO concerned for necessary check up. CHECKING OF DATA SHEET BY CDA/LAO/PAO/RAO Datasheet comprising of service particulars pay particulars, commutation particulars, family particulars and PDA details are prepared by the units/formation signed by their respective heads of Offices and are verified by the CDA/LAO concerned to ensure the correctness. Data sheet being basic documents its correct preparation is of paramount importance. In our computerized systems of functioning Data sheet is a basic document for generating pension payment orders and therefore correct preparation of Data sheet is of paramount importance. But Data Sheet in some cases are neither being prepared correctly nor checked by CDA/LAO properly despite of the issue of guidelines/instructions by this office from time to time resulting avoidable errors and

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delay in notification of Pensionary awards and often tantamount to rejection of pension claims. It is because of this reason that the role of audit agencies viz CDA/LAO becomes all the more important. While checking data sheet CDA/LAO should verify following points.

1. The correctness of organization code at the top of the Data sheet should be verified with the name and station of the office.

2. part A service Particulars (Col 6 to20)

The service particulars should be checked with reference to the entries made in service book of the individual. The date and nature of retirement would however be checked with the DO Part-II and tallied with the last date up to which paid. Total qualifying service should be checked from audit report regarding verification of qualifying service and period non-qualifying service should be checked from statement showing non-qualifying service and its entries in the service book. PART ‘B’ PAY PARTICULARS (COL 23 TO 35) Pay Particulars should be verified from the entries made in the service book as also from Pay Bills and checked that Basic Pay plus increments fits in one of the specified stages of existing Pay scales. The demands should be shown separately in the columns provided for and checked with reference to Demand Register maintained by LAO/pay Controller. PART ‘C’ COMMUTATION PARTICULARS (COL 35 TO 39) This part should be checked with reference to the commutation application. It should be ensured that date of receipt of application has been noted by head of Office. PART ‘D’ FAMILY PARTICULARS (COL 40 TO 44) - Family particulars should be checked with reference to the entries in service book and with the statement indicating family details given by the individual. It should be insured that there is no discrepancy in the name/age of wife shown in data Sheet and family details. PART ‘E’- PDA DETAILS (COL. 45 TO 61)

Correctness of these columns of data sheet should be checked with the entries in the pension application and also code shown in the instruction issued. Link Bank Branch should be checked with list of PDA notified by Reserve Bank of India.

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THE FOLLOWING TYPES OF CASES MAY NOT BE PROCESSED THROUGH LPC CUM DATA SHEET. THESE CASES ARE BEING PROCESSED MANUALLY. 1. Compulsory Retirement cases where reduction in pension in involved.

2. Compassionate Allowance cases where pension/gratuity is to be sanction in other than the cases of maximum permissible limit i.e. Two third of full pension/gratuity.

3. Where the employee retired on or after 1.1.1996 and opted for old pay scale.

4. Compassionate Fund Cases.

5. Ex-gratia payment in respect of CPF beneficiaries.

6. Pensionary benefits under C.C.S (EOP) Rules/Liberalized Pensionary awards.

DOCUMENTS REQUIRED TO BE SENT ALONG WITH PENSION CLAIM- The following documents should invariably accompany the pension claim, which are required to be processed through Data sheet.

1. Data Sheet.

2. Daily Part-II order notifying date of retirement.

3. IAFA 356 (Pension Application)

4. Photograph/Joint Photograph duly attested.

5. Slip containing specimen signature/thumb impression of the claimant.

6. Slip containing specimen signature/thumb impression of spouse.

7. Govt. contribution resumption certificate.

8. Details of family members of Govt. servant under family pension scheme 1964.

9. Nomination for death/retirement gratuity.

10. Statement showing non-qualifying service.

11. Audit report regarding verification of qualifying service after completion of 25 years of service.

12. PCDA (P) Audit Report regarding counting of former spell of service if any.

13. Commutation application (where applicable)

14. Certificate to the effect that no Judicial/ Departmental proceedings have been instituted are pending against the individual.

15. Identification marks of the individual.

16. Identification marks of spouse.

17. Detailed calculation sheet

18. Govt. sanction laying down the terms and conditions of permanent absorption in a PSU/Autonomous body in pro-rata pension cases.

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19. Sanction of competent authority for grant of pension or gratuity or both at full or reduced rate in cases of retirement on disciplinary grounds.

20. No Demand Certificate

21. Supporting documents for the demand if any.

22. Explanation for delayed submission of pension claim if any.

PROCESSING OF PENSION/GRATUITY CLAIMS OF Defence CIVILIANS THROUGH COMPUTERISED PROCESS IN THE OFFICE OF PCDA (P) ALLAHABAD. The data sheet claims are received in the section from the Record section of the office. The data sheet claims are diarised in the claim diary Registers which are maintained organization wise. The claims are then handed over to the group, which is responsible for Audit of data sheet. While auditing the data sheet the following checks are carried.

a. Organization code has been correctly filled or not.

b. Name of the pensioner shown in data sheet tallies with the name shown in pension application IAFA 356.

c. Net qualifying service has been correctly worked out.

d. Nature of pension has been correctly shown or not.

e. If there is any former service to be counted towards current spell, PCDA (P) Audit Report regarding counting has been enclosed or not.

f. In case of voluntary Retirement cases weightage has been properly given or not.

g. If the individual opts for drawl of fixed medical allowance, then necessary option certificate has been enclosed or not.

h. Demand if any has been properly reflected and documents in support of same has been enclosed or not.

i. Commutation application to be scrutinized.

j. PDA Details to be checked.

After Audit and signature of Sr.AO/AO on the Data sheet, batches are prepared and send to EDP Centre for punching. The EDP Centre of this office generates the edit list. The group responsible for checking the edit list with the data sheet proposes corrections wherever required and gives order for the printing of PPOs, after the batch becomes error free. PROCEDURE REGARDING PREPARATION/COMPLETION OF EACH COLUMN OF DATA SHEET. Data Sheet consisting of 81 columns has been designed for notification of provisional Pensionary awards on computer. The data should be filled in neatly and accurately in block letters. While filling the data cutting and alterations should be avoided. IN cases where cutting/alterations become unavoidable, it should be properly attested under signature of competent authority. Various kinds of data are

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given below.

(a) ALPHABETIC DATA - Alphabetic data shall be filled in from left hand side to the right hand side of column. If the number of boxes are more than the alphabets to be filled in all the remaining boxes on the right hand side should be left blank. Similarly if the numbers of boxes are less than the number of alphabets, alphabetic information may be suitably abbreviated..

(b) Alphanumeric Data consists of alphabets, numeric and special characters. These data are also filled in from the left side to right side of the column. Un utilized boxes are left blank and boxes fall short, suitable abbreviation are to be carried out.

(C) NUMERIC DATA - Numeric data will be filled in from right hand side to left hand side. Zero shall be filled in the unused boxes on the left hand side. Following columns will be filled with numeric date. PROCEDURE REGARDING PREPARATION/COMPLETION OF EACH COLUMNS OF DATA SHEET. Column wise details are as under: - Column 1(Organization code): - This should be filled up with the code of organization allotted. Column 2 (Organization group for GPF No.) This field should be filled with code of organisation group. In no case it should be left blank. Column 3 (GPF No. Code) The GPF-NO. of retired/deceased employee should be filled in this field. In no case it should be left blank or filled with zeroes. Column 4 (Office/unit formation): - Name of the office/Unit/formation - where individual had been serving will be indicated e.g. if the individual had been serving in GE west Allahabad, his unit/formation will be GE West Allahabad.

Column 5 (Head of Office)- Address of Head of Office under which individual had been serving will be indicated i.e. the head of office of GE West Allahabad. Would be Chief Engineer Central command Lucknow. Column 6(Name)- Name of individual as recorded in service book/history of Gazetted service should be filled in this column. One box should be left blank between different parts of the name. Column 7 (Nationality): - Nationality of individual will be filled as under. Indian -1 Nepalese -2 Bhutanese -3 Column 8 (Sex): of the individual will be filled in as under. Male - M Female - F Column 9 (Post Last Held): - Post Last held by the individual irrespective of whether officiating or substantive will be indicated. In case of NCC whole time officers

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granted permanent Commission the Rank-code should be filled in. Column 10 (Date of Birth): - Column 11(Date of joining) - These columns should be filled and recorded in service book. Column 12 (Industrial/Non Industrial /Scientist):- This column should be filled in as under:- Industrial - I Non-Industrial - N Scientist - S Column 13(Date of Superannuation/Retirement): It will be filled in as recorded in service book notified in Daily Part II order. Note: - Column 10 will be completed as under. If the individual was struck of strength on the after noon/forenoon of the particular date: - After noon (AN) The Date of retirement should be filled in this column. Column 14(Retirement FN/AN): The date falling immediately prior to the date of retirement should be filled in. Column 15(Nature of pension): -

Relevant code for different types of pension should be picked up and filled viz

(1) Sup. Pen. “S”(2) Sup Pen.(extended cases) “E” (3) Sup. Pen (Late Entrant) “l” (4) Retiring Pen - “R” (5) Retiring Pen (Declared Surplus) “Q”, (6) Retiring Pen (Vol) Ret. Under FR56 K-(K) (7) compulsory Ret. Pen-“C” (8) Invalid Pens “I” (9) compensation Pen “G” (10) vol. Ret. Pen. “V” (11) Pro Rata pen “P” (12) Disciplinary Pen cases “D” (13) Compassionate allow - “A”. Column 16 (Total Service Current spell): - There Columns should be filled with reference to service documents. Column 17 (Non Qualifying service): - the column should be filled with reference to service documents. Column 18 (former Service counted toward Current Spell): - This column will be completed with reference to PCDA (P)’S Audit Report regarding counting of former spell. Column 19 (weightage allowed): Weightage is admissible under Rule29 or 30 48B or 48 C of CCS (P) rules. Max. Weightage allowed in such cases is 5 years. From right first two boxes for days, next tow for months & last one is for year. Column 20 (Net Qualifying Service): Net qualifying Service will be worked out after deducting period of non-Qualifying service. Column 21(Medical allowance): - If individual has opted for drawl of medical allowance this column should be filled with “Y” other wise “N”.

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Column 22 (Pay Group): - Pay Group of individual may be filled in following manner. For Group A-A For Group B-B For Group C-C For Group D-D Column 23 (Pay Code):- This field should be filled with the pay code pertaining to Pay Band/Scale applicable to the individual as shown in Annexure XIII. Relevant code from the Annexure-XIII should be picked up and filled in this Column. For example:-

For Pay Code 5 this field should be filled as 0 5

Column 24 (Pay Band Code) - This field should be filled with the pay band/Scale code applicable to the individual. Pay Band Code should be same as shown in Annexure XII against Pay Code filled in the data sheet. In no case it should be left blank or filled with Zeroes. For example:-

For Pay Band Name PB2 this field should be filled as B 2

Column 25 (Pay in Pay Band/Scale (Excluding Grade Pay): Pay in pay band/scale drawn by the individual at the time of retirement should be filled in this column. In no case it should be left blank or filled with Zeroes. Column 26 (Grade Pay): Grade Pay, if any, drawn by the individual at the time of retirement should be filled in this column, Grade Pay should be same as shown in Annexure XIII against Pay Code filled in the data sheet. In no case it should be left blank or filled with zeroes. Column 27 (NPA/MS Pay): In case of Doctors employed as Defence Civilians, Non Practicing allowance drawn at the time of retirement should be filled in this Column. In case of NCC whole time officers granted permanent Commission and MNS LOCAL Officers, MS Pay drawn at the time retirement should be filled in this Column. Column 28 (Date of Last Pay Drawn): Pay drawn at the time of retirement should be filled in. Column 29 (10 Months Average): The average pay which includes sum of Pay in Pay Band/Scale, Grade Pay and non-practicing allowance (NPA)/MS Pay actually drawn by the individual during the last 10 months period preceding the date of his retirement will be shown in this column. This field contains 5 boxes for rupee and 2 boxes for paise. The field should not be left blank. Where new pay (VI CPC pay) and old pay (V CPC) are involved during last 10 months pay. The new pay and old pay drawn during last 10 months will be calculated separately and the sum of both will be shown in this column. Average pay in above cases shall be calculated by Head of offices (H.O.Os) and filled in this column sheet of average pay prepared by HOO must be enclosed with

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data sheet. The average pay so calculated by HOOs must be checked by the PAY AUDIT CONTROLLERS. Example: - If average pay works out to Rs.20475.50 the same shall be filled as under:

2 0 4 7 5 . Column 30(Gallantry award): - gal code shall be filled in first box and each bar in second. Column31 (Last pay reduced due to penalty) Y/N Column32 (Amt of Demand RDR Head): - Column 33(Amt. Of Demand OTR’) Column 34 (Interest on RDR”) For filling these data demand register maintained by HOO/PAO to be called upon. Column 35 (Interest payable): - The amt payable on A/c of interest shall be filled in Column 36 (Date of Receipt of commutation application) - The date on which commutation application has been received by HOO. Column 37 (Fraction to be commuted) Column 38 (Amt. To be commuted): If the amt to be commuted i.e. 40% of pension is should be shown in column as 2/5. Column 39 (Age load) in cases where loading in age on the bases of medical examination report by medical authorities Example: If loading in age recommended for 2 years it should be 0/2 Column 40 (whether married) If Yes - Y If No. - N Column 41 (Spouse Alive) - following alphabetic code as per status of family pensioner on the date of retirement.

1. Spouse alive on the date -Y

2. Spouse dead on the date - N

3. Re-employed pensions -E

4. Spouse divorced - D

5. Two wives disputed case-T Column 42 (name of spouse):- with reference to service documents/family details. Column 43(Nationality of spouse)

5 0

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Indian -1 Nepalese-2 Bhutanese -3 Column 44 (Date of Birth of spouse): - as available in service documents. Column 45 (PDA CODE): - codes of different PDA GIVEN. Column 46 (DPDO CODE): - List of codes given may be used to fill up. Column 47 (PDA Station): - where the individual desired to draw pension will be entered in this column. Column 48 (PDA State code):- Codes various states given up as desired. Column 49 (Bank/Sub treasury code): - If the individual desired to draw his pension from sub treasury code “Sub to be filled up”. Column 50 (Link Bank): Link bank branch for a particular station will be found in list of link banks. Column 51 (Bank branch/Sub Treasury):- Bank branch from where pensioner desires to draw his pension will be indicated. Column 52 (BSR Code of Bank Branch):- Column 53(BSR Code of Link Bank) Column 54 (Bank A/c No.): Joint A/c can be entered in this column. Column 55 (Pensioners Address): - Address of pensioner to be filled up in this column. Column 56(Pensioners state code): - State code of pensioner to be filled in. Column 57 (Pin code): - Pin code of pensioners address Column 58 (Having handicapped child) Y/N Column 59(Name of handicapped child) Column 60 (Relationship handicapped child) Column 61(CDR NO.): Column to be filled by this office. Note:- Different organization codes, nature of pension codes, Vth CPC-Pay Scale codes, Gallantry award codes, PDA codes, DPDO Codes for state/Union territories, and Bank codes are given in Annexure “A” “B” “C” “D” “E” “F” “G” and “H” respectively (enclosed).

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COMMON ERRORS IN PREPARATION OF DATA SHEET.

(1) Data sheet is not signed by the HOO in the left hand bottom column provided there in.

(2) Data sheet is not verified counter signed by the CDA/Area Accounts Officer/LAO concerned as required under existing procedure.

(3) Data sheet not prepared on prescribed format supplied by PCDA (P) office.

(4) Pension claims not submitted duly completed in all respect.

(5) Pay shown in data sheet is not covered under existing pay scale.

(6) The pension claim is not supported by the EOL (Extra Ordinary Leave) statement.

(7) Calculation sheet showing the average pay of the data sheet is not prepared/enclosed by HOO and not checked/not countersigned by Regional Controller/LAO/Area Accounts office concerned.

(8) For the demands shown in Data sheet, the statement showing the details of demand is not furnished.

(9) In case of re-employed pensioners, the PPO No. Notifying military pension is not mentioned in pension application.

(10) Statement showing the period of non-qualifying services not found enclosed with the pension claim.

(11) PCDA (P) Audit Report in (in original) regarding counting of former spell of service is not submitted along with the claim.

(12) Column 16A(Medical Allowance) has been filled as “Y” but option certificate for drawl of fixed medical allowance not enclosed.

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CHAPTER 8 PROCEDURE FOR PROCESSING OF FAMILY PENSION CASES ON COMPUTER

CONTENTS

1. INITIATION OF PENSION CLAIM THROUGH DATA SHEET BY HEAD OF OFFICE.

2. CHECKING OF DATA SHEET BY CDA/LAO/PAO/RAO

3. TYPES OF CASES NOT TO BE PROCESSED THROUGH LPC CUM DATA SHEET.

4. DOCUMENTS REQUIRED TO BE SENT ALONG WITH FAMILY PENSION CLAIM.

5. PROCESSING OF FAMILY PENSION/DEATH GRATUITY CLAIMS OF Defence CIVILIANS THROUGH COMPUTERIZED PROCESS IN THE OFFICE OF PCDA (P) ALLAHABAD.

6. PROCEDURE REGARDING PREPARATION/COMPLETION OF EACH COLUMN OF DATA SHEET.

7. COMMON ERRORS IN PREPARATION OF DATA SHEET.

8. DELAY IN SUBMISSION OF PENSION CLAIM BY H.O.O

9. PROVISIONAL PAYMENT OF FAMILY PENSION AND DEATH GRATUITY BY H.O.O FOR INITIAL SIX MONTHS FROM THE DATE OF DEATH OF GOVT. SERVANT.

10. EX-GRATIA PENSION CASES WHERE GOVT. SERVANT DIED WITH CP FUND BENEFITS.

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PROCEDURE OF FOR PROCESSING OF FAMILY PENSION CASES ON COMPUTER.

The notification of family Pensionary award in respect of Defence civilians on computer commenced in the year 1995. INITIATION PENSION CLAIM THROUGH DATA SHEET BY HEAD OF OFFICE. Claims for family Pensionary award in respect of Defence civilian are submitted by respective head of office to Pr. CDA (P), ALLAHABAD for necessary sanction and notification of awards in pension payment orders. Family Pensionary award includes family pension and death gratuity. Family pension is based on percentage of last pay. Death Gratuity is determined with reference to quantum of qualifying service and last pay drawn and DA there on the date of death. The requirement of the service book in support of pension claim (IAFA-356A) for sanction of family Pensionary awards in respect of Defence civilian has been dispensed with. In lieu there of “Data sheet” containing integrated information forms the basis for notification of family Pensionary awards. In cases where division of family pension/gratuity is involved, the Service Book/HGS should be sent to P.CDA (P) ALLAHABAD along with claim/data sheet. The Data Sheet contains all relevant information which are necessary for computing the award of family pension, death gratuity and consist of four parts, namely service particulars, family particulars, Pay particulars and PDA details. The Head of office shall prepare three copies of data sheet i.e. one as office copy, second for PAO and third (original copy) for P. CDA (P) ALLAHABAD. The data sheet should be filled in neatly and accurately in block letters. The Alphabetic, Alphanumeric and special characters are to be filled inform left side to right side and numeric data from right hand side to left hand side. After filling the data sheet and signing and Affixing seal the second and third (original) copies, the head of office passed on along with the service book and family pension claim to the LAO/BAO concerned for necessary checkup. CHECKING OF DATA SHEET BY CDA/LAO/PAO/RAO Data sheet comprising of service particulars, family particulars pay particulars and PDA details are prepared by the unit/formations signed by then respective head of offices and are verified by the CDA / PAO concerned to ensure its correctness. Data sheet being basic document its correct preparation is of paramount importance. In our computerized system of functioning data sheet is a basic document for generating pension payment order and therefore correct preparation of data sheet is of paramount importance. But data sheet in some cases are neither being correctly nor checked by CDA/LAO properly despite of the issue of guidelines instructions by this office from time to time resulting avoidable errors and delay in notification of family Pensionary awards and often tantamount to rejection of pension claims. It is because of the reason that the role of audit agency viz CDA/LAO becomes all the more important. While checking data sheet CDA/LAO should verify following points.

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(1) The correctness of organization code at the top of the data sheet should be verified with the name and station of the office.

(2) Part A-Service particulars (Col to 23) - The service particulars should be checked with reference to the entries made in service book. The date of death would however be checked with DO Pt-II Total qualifying service should be checked from audit report regarding verification of qualifying service and period of non-qualifying service should be checked from statement showing non qualifying service and its entries in the service book.

Part B- Family particulars (Col. 24 to 38) - Family particulars should be

checked with reference to the entries in service book and with the statement indicating family details given by the deceased employee.

Part C-Pay particulars (39 to 51) - Pay particulars should be verified from entries made in the service book as also from pay bills and checked that basic pay. Plus increment fits in one of the specified stages of existing pay scales. The demands should be shown separately in the column provided for and check and with reference to demand register maintained by LAO.

Part D- PDA Details (Col 52 to 67) - Correctness of these columns of data sheet should be checked with the entries in pension application and also code shown in the instruction. Link bank branch should be checked with list of PDA notified by Reserve Bank of India. The Following type of cases may not be processed through LPC Cum Data sheet.

1. Restoration of family pension where family pension was divided into more than two shares.

2. Two family pensions to be granted to one payee (where mother & father both are deceased govt. servant.)

3. Where the employee retired/died on or after 1.1.96 and opted old pay scale.

4. Ex-gratia payment in r/o deceased CPF. Beneficiaries. Documents required to be sent along with family pension claim:- Following documents are required to be sent along with family pension claim:-

(a) The data sheet.

(b) DO Part-II O.O. notifying the date of death of deceased govt. servant.

(c) IAFA -356-A (Family pension application) duly completed in all respect.

(d) Photograph of spouse duly countersigned.

(e) Descriptive Roll, slip containing specimen signature/thumb impression Finger impression of claimant.

(f) Detailed calculation sheet.

(g) Nomination for Death Gratuity. It is an essential document in absence of same Death Gty. Would be divided in equal shares among surviving

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members.

(h) Statement showing non-qualifying service.

(i) PCDA (P) Audit report regarding counting of former spell of service if any.

(j) Certificate under WC Act. 1923.

(k) Identification mark of spouse.

(l) Original death certificate.

(m) No demand certificate.

(n) Only widow hood certificate.

(o) Supporting documents for the demand if any.

(p) Option for fixed medical allowance where applicable.

(q) Govt. contribution resumption certificate in respect of Industrial employee. PROCESSING OF FAMILY PENSION/DEATH GRATUITY CLAIMS OF DEFENCE CIVILIANS THROUGH COMPUTERISED PROCESS IN THE OFFICE OF PCDA (P) ALLAHABAD. The data sheet claims are received in the group dealing with family pension cases from the record section of this office. The data sheet claims are diarised in the claim diary registers, which are maintained organization wise. The claims are then handed over to the task holder who is responsible for Audit of data sheet. While Auditing the data sheet the following checks are carried out.

(i) Organization code has been correctly filled up or not.

(ii) Name of the deceased and the pensioner shown in data sheet tallies with the name shown in pension application IAFA -356-A.

(iii) Net qualifying service has been correctly worked out or not.

(iv) In data sheet there is a column that whether compensation paid under WC-ACT, if compensation has not been paid then Alphabet N should be shown and certificate to the effect that Workman Compensation has not been paid should be enclosed with the claim.

(v) If there is any former service to be counted towards current spell, PCDA (P) audit report regarding counting has been enclosed or not.

(vi) If the individual opts for drawl of fixed medical allowance then necessary option certificate has been enclosed or not.

(vii) Demand if any has been properly reflected and documents in support of same has been enclosed or not.

(viii) PDA Details to be checked.

(ix) Original nomination for DCRG is to be checked, as to whether 100% of Gty is to be paid to widow or there is any division in Gratuity.

(x) In the case of Reemployed Mily Pensioner option of the widow as to whether she opt for family pension from civil side or Mily side and RO

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certificate as well.

(xi) Income certificate to be enclosed along with pension claim for parents/dependents.

(xii) In case of missing pensioner copy of FIR and Indemnity bond in original has been enclosed or not.

After audit and signature of Sr. AO on the data sheet, batches are prepared and send to EDP. Centre for punching. The EDP Centre of this office generates Edit list. The task holder responsible for checking the Edit list with the data sheet proposes corrections where required and gives order for printing of PPO’s after batch becomes error free. PROCEDURE REGARDING PREPARATION / COMPLETION OF EACH COLUMN OF DATA SHEET. The data sheet designed for notification of family Pensionary award on computer consists of 60 columns. The data should be filled in neatly and accurately in block letters. Only one alphabet or numeric or special characters should be filled in one box. Column 1 (Organization code) - should be filled up as per codes or organization allotted. Column 2 (Organization group for GPF No.) This field should be filled with code of organisation group. In no case it should be left blank. Column 3 (GPF No. Code) The GPF-NO. of retired/deceased employee should be filled in this field. In no case it should be left blank or filled with zeroes. Column 4 (Office/unit formation) In this column the name of sub-officer/unit formation in which individual has been serving should be filled. Column 5 (H.O.O) In this column name of H.O.O be filled e.g. If the individual was serving in GE West ALLHABAD, then in column 2GE West ALLAHABAD to be filled up and in column 3 the name of H.O.O to be filled i.e. Chief Engineer Central Command Lucknow. Column 6(Name) the name of deceased as recorded in the service

book/history of service should be filled in this column. One box should be left blank between different parts of the name.

Column 7 (Nationality). The nationality code of the deceased to be filled

in the column. Indian-1 Nepalese - 2 Bhutanese - 3 Column 8(Sex) the sex of the deceased will be either male or female. It should be filled up as under. Male - M

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Female -F Column 9 (PPO No.) this column will be filled with the original PPO no. of the pensioner in cases where death occurs after the date of retirement. Column 10 (Pension) This column should be filled with the amount of pension of deceased pensioner from original PPO. Column 11 (Pen Nature) this column should be filled as per the codes for Pen. Nature (for post retiree cases). Column 12 (Death Category) This column should be filled up as under. For ordinary F.P-A For F.P under EOP Rules E For F.P under liberalized. Pensionary Award in special cases (L) For family pension r/o missing employee M For F.P. in cases of death after retirement R Column 13(Ind /Non Ind) this column is provided in the data sheet for

segregation of Industrial/Non Industrial & Scientist employees. This column should be filled in as under Industrial-I

Non-Industrial-n, Scientist-S Column 14 (post last held) This column consists 36 boxes, If boxes are

not sufficient, the post last held should be suitably abbreviated. Column 15 (Date of birth) Date of birth should be taken from service book/history of service & filled up in the format as: - Y, Y, Y, Y, M, M, D, D Column 16 (Date of Joining) this column should be filled with reference to service documents/history of Gazetted service. Column 17 (Date of death/missing)- The date of death either before or after the date of retirement should be filled in the column. In case of missing employee. The date of missing shown in FIR should be filled in. Column 18 (Date of Retirement /Superannuation) In case of post retiree cases only and should be taken from service book and filled up in format as Y, Y, Y, Y, M, M, D, D Column 19 (Whether Compensation paid under WC-ACT) If the deceased Govt. servant is governed by WC-ACT 1923 and compensation was paid then this column is to be filled in as “Y” otherwise “N”.

Column 20 (Non-qualifying service) it should be filled as under Y, Y, M, M, D,D

Column 21 (Former service) This column should be filled with reference to

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PCDA (P) Audit Report regarding counting of former spell of service if any. Column 22 (Weightage allowed) For Weightage it should be Y, M.M,D,D Column 23 (Net qualifying service) the net qualifying service is arrived at as under. Column 15- Column 14-Toatal qualifying service from this we minus column 18 ie non qualifying service by doing so we arrive at net qualifying service. Column 24 (Name of Payee) this column is to be filled up as recorded in service book. Column 25 (Nationality of Payee) the nationality of payee is to be filled up as under: - Indian -1 Neplaese-2 Bhutanese -3 Column 26 (Birth Payee) this is to be taken from service book. Column 27 (Relation Payee) it should be filled as per code given below. “F” - For Father “M”- For Mother “S”- For Son “D”- for Daughter “W”- For Wife “H”- For Husband “B”- For Brother “V”- For Widow Sister “R”- for Other Relatives “C” For Charity/Donation. “G”- For widowed/Divorced Daughter. Column 28 - Medical Allowance - Filling code for this filed is “Y” or“N” Column 29 - Medical Category- Where F.P is granted to handicapped child for life. This column should be filled with alphabetical code “H” Column 30(F.P Rule) the code for this column are: - “E” - For Extra ordinary F.P “O” - For ordinary F.P “L”- For liberalized F.P Column 31 (F.P Nature) The filling codes for this column are “P” For Parents Pension (Single parent) “B” for both parents alive. “T” For Transfer of F.P “R” For Restoration of F.P “G” For other (General) F.P

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Column 32 (Whether F.P. Payable) the column is to be filled as “Y” or “N” as the case may be. Column 33 (Share of F.P) this column is to be filled as numeric data e.g. if there are three shares it should be filled as [1] [0] [3] For 2/3rd [2] [0] [3] For single share- [1] [0] [3] Column 34 (Whether Gratuity Payable) This column no. is to be filled as “Y” or “N” as the case may be. Column 35 (Share of Gratuity) This column too is to be filled as numeric dates ie if there are three shares should be [1] [0] [3] Column 36 (Data of Restoration): - This Column is to be filled when restoration of family pension is required. Column 37 (Date of FIR Commencement) this column is to be filled in case of missing pensioner/employee for continuance of F.P. In case of missing pensioners’ employees the date of FIR and in case of continuance of family pension. The date of commencement of family pension should be filled in this column. In other cases this column should be left blank. Column 38 (Gal Award) this column is to be filled when any gallantry award has been awarded to the deceased pensioner posthumously.

Column 38 A (Group) this column is to be filled as per classification of the post held by deceased employee. Group Code A A B B C C D D Column 39 (Pay Code) This field should be filled with the pay code pertaining to Pay Band/Scale applicable to the individual as shown in Annexure XIII. Relevant code from the Annexure-XIII Should be picked up and filled in this column. In no case it should be left blank or filled with zeroes. For example:- For Pay Code 5 this field should be filled as

0 5

Column 40 (Pay Band Code) This field should be filled with the pay Band/Scale code applicable to the individual. Pay Band Code should be same as shown in Annexure XIII against Pay Code filled in the date sheet. In no case it should be left blank or filled with zeroes. For example:- For Pay Band Name PB 2 this field should be filled as

B 2

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Column 41 Pay in Pay Band/Scale (Excluding Grade Pay) Pay in pay band/scale drawn by the individual at the time of retirement should be filled in this column. In no case it should be left blank or filled with zeroes. Column 42 (Grade Pay) Grade Pay, if any, drawn by the individual at the time of retirement should be filled in this column, Grade Pay should be same as shown in Annexure XIII against Pay Code filled in the data sheet. In no case it should be left blank or filled with zeroes. Column 43 (NPA/MS PAY) – In case of Doctors employed as Defence Civilians, Non practicing allowance drawn at the time of retirement should be filled in this Column. In the case of NCC whole time officers granted permanent commission and MNS LOCAL Officers, MS PAY drawn at the time retirement should be filled in this column. Column 44 (Date of last pay drawn) When deceased/Missing pensioner was on EOL continuously before the date of death/missing, the date immediately preceding the date of death/missing on which the pay has actually drawn should be show in this column. Column 45 (Ex-Gratia) this is numeric data Column 46,47,48 (Demands): - The amount of demand to be recovered is shown in these columns. In case payment of Provisional Death Gty Paid/ should be filled in column 45 along with supporting documents. Column 49 Blank Column 50 (Interest payable) the amount payable on A/c of Interest is to be shown in this column. Column 51 (Prov F.P paid) the amount of Pro F.P along with Dearness relief paid is to be shown in this column. Column 52 (PDA Code) Codes for different PDAS have been given the same should be filled as per code numbers. Column 53 (DPDO Code) This column should be filled only when PDA Code in column 49 is 1 (if family pensioners wants to draw pension through DPDO list of codes for all DPDO’s are given. Column 54 (PDA Station) the station from where a family pensioner desires to draw his pension will be entered. Column 55 (PDA State Code) Abbreviation of states in two digits will be entered as per list. Column 56 (Bank Code/Sub treasury Code) Abbreviation of Bank in three digits will be entered as per list. Column 57 (Link Bank) When the family pensioners opts for payment through Public Sector Bank (PDA Code 9) directly without going through

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any other agency complete address of link bank should be filled in. Column 58 (Bank/Sub treasury station) the station where bank Br. Or Sub Treasury is situated. Column 59 BSR code of Bank Branch Column 60 BSR code of link Bank Column 61 (Bank A/c No.) Bank A/c of family pensioner will be entered in this column. Column 62 (Address of family pension) it is an alphanumeric field full address of pensioner is to be filled in. Column 63 (Pin Code) Pin Code of the address should be filled in. Column 64 ( Having Handicapped child ) Y/N Column 65 (Name of Handicapped child ) Column 66 ( Relationship Handicapped child Column 67 (CDR NO.) This column is to be filled in this office. Common errors in preparation of Data sheet. 1. Most of the unit/formation are filling the nationality codes, as I Where

as this filed is numeric filed; it should be filled as 1 for Indian.

2. Date of birth Date of joining, Date of death are numeric filed they are to be filled from right hand side to left hand side i.e. [Y][Y][Y][Y][M][M][D][D] Where as some unit/formation are filling it in reverse direction i.e.[D][D][M][M][Y][Y][Y][Y]

3. Unit/formation are showing former service toward current spell, but PCDA (P) Audit report are not being enclosed with the claim.

4. In LPC cum Data sheet there is a column “whether compensation paid under WC. Act” Units/formation are filling in the column the alphabet “Y” and they re enclosing the certificate that no compensation has been paid under WC Act. Filling of Alphabet “Y” is wrong it should be filled with Alphabet “N”

5. In LPC cum Data sheet there is a column Medical Allowance, Unit/formations are filling it with Alphabet “Y” but they are not enclosing option certificate in support of same.

6. Head of office are forwarding data sheet to this office, but the same are not being verified/counter signed by LAO/RAO/AAO.

7. In family pension, there is provision for payment of provisional family pension for six months and Death Gty by the H.O.O in some cases, it is seen that unit/ formations are only reflecting Death Gty. Amount in Demand column of data sheet.

8. Original nomination for Retirement Gratuity/DCRG is one of the most

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important documents, which is to be enclosed with the claim while forwarding the claim to this office by H.O.O. The most common error which the H.O.O are making is that, there is a column in pension application IAFA 356-A that whether nomination for DCRG has been executed by the deceased during service, the H.O.O has to fill whether “Yes” or no”, mostly the H.O.O are filling the column as “Yes” and they are not enclosing the same with claim. With the result that we have to either release only family pension in favor of widow and with holding Death Gty. for want of nomination, or to return the claim entirely for want of original nomination for DCRG.

9. In cases where payment of FP/Death Gty is to be made to minor it is to be paid to them through guardian in whose favour legal guardian certificate has to be issued by the civil court (except in case of parents) but it is seen in most of the cases only affidavit are being furnished instead of legal guardianship certificate resulting delay in setting the claim.

Delay in submission of pension claim by H.O.O

There is a delay on the part of head of office in submission of family pension claim to this office. An Analysis of few cases is given below- SL.NO. Name of

deceased Unit/formation Date of

death Memo no. Under which claim forwarded to this office.

1 Late munni Lal

1650PNR Coy Gref C/056APO

12.7.2001 Memo no. Ex65/132753/ml/52/esp dt.4.12.2001

2 Late Niranjan Singh Akela

CAOCII Hutment DHQ.P.O New Delhi

1.6.2001 CDA HQ N.Delhi no.46011/1/58/Pay tech/As dt. 5.12.2001

3 Late D.M.Kale GE (N) Pune 23.9.2000 LAO NO. RAP/G/D/GEL DT. 16.7.2001

4 Late K.C.Vaghela

GE (I) AF Gandinagar

16.7.99 LAO NO. R/AAO/SC/AD/Pay/Tec/1024 dt. 13.7.2001

PROVISIONAL PAYMENT OF FAMILY PENSION AND DEATH GRATUITY BY H.O.O FOR INTIAL SIX MONTHS FROM THE DATE OF DEATH OF THE GOVT. SERVANT.

The head of offices have been authorized to sanction provisional family

pension for a period of six months from the date following the death of Govt. employee and full death gratuity to the person/persons validly nominated under Rule 53 of CCS Pension Rules 1972. Dearness relief as sanctioned from time to time is also payable on provisional family pension. A necessary instruction in this regard has already been issued to all heads or Deptt under ministry of Defence vide this office Important Circular no. GI/C0176/XVI/TECH Dt. 20.5.97 and 11.9.97 respectively.

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It is seen that heads of offices are not adhering to these orders, as in only 10 to 15% cases, the H.O.O are making provisional payment.

Notification of Ex-gratia pension in cases where Govt. servant died

with CP Fund benefits.

Govt. of India deptt of Pen & Pensioners welfare OM NO.4/8/87-P&PW (PC) dt. 13.6.88 has granted relief to families of deceased civilian central Govt. employee who were governed by Contributory Provident Fund scheme, the widows and dependent children of deceased CPF beneficiaries, who had retired from service prior to 1.1.86 shall be granted Ex-gratia pension @Rs.150/- pm w.e.f 1.1.86. The said rate has been revised from Rs.150/- pm to Rs.605/- pm w.e.f 1.11.97 as per Govt. of India Ministry of Personal, Public Grievances & Pension Department of Pension & Pensioners welfare letter no.45/52/97-PW (E) dt. 16.12.97 para 6 of the said letter also states that CPF beneficiaries who retired between the period 18.11.60 to 31.12.85 would also be entitled to Ex-gratia payment @Rs.600/-pm w.e.f 1.11.97.

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CHAPTER 9 PROCEDURE FOR PROCESSING THE DATA SHEET FOR REVISION OF P.P.O

BY ISSUE OF CORRG. PPO INCLUDING VTH CPC REVISION

CONTENTS

i. PROCEDURE FOR INTIATION OF DATA SHEET IN NORMAL REVISION CASES IN AMENDMENT/CANCELLATION OF PPO.

ii. SUO-MOTO REVISION OF RETIREMENT/DEATH GRATUITY CONSEQUENT ON INCREASE OF D.A. ON PAY FROM TIME TO TIME

iii. REVISION OF PENSIONARY AWARDS IN RESPECT OF PRE-86 RETIREEES AS PER RECOMMENDATION OF VTH C.P.C

iv. REVISION/CONSOLIDATION OF PENSION BY PDA IN POST-86/PRE-96 RETIREE CASES AS PER RECOMMENDATION OF VTH C.P.C

v. REVISION OF PENSIONARY AWARDS AS PER VTH C.P.C IN RESPECT OF THOSE RETIRED AFTER 1/1/96 BUT INITIAL AWARD WAS NOTIFIED AT PRE-REVISED RATES OF PAY.

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PROCEDURE FOR PROCESSING THE DATA SHEET FOR REVISION OF PPO BY ISSUE OF CORR. PPO INCLUDING VTH CENTRAL PAY COMMISSION REVISION. PROCEDURE FOR INITIATION OF DATA SHEET IN NORMAL REVISION CASES IN AMENDMENT/CANCELLATION OF PPO. Although due care is taken to ensure correct notification of Pensionary awards in respect of Defence Civilians through computerised process but the cases of errors and omission can not be rules out. There are the occasions when after notification of the awards it reveals that there is error in the details indicated on the PPO. The error may be of the non-financial nature or the financial nature. In the both cases a revised data sheets are floated by the head of the office for rectification of the error by generating a computerized corrigendum PPO. The details procedure in this regards are indicated in the succeeding paras. For issue of corrigendum PPO for changes in original PPO involves data sheet for amendment/cancellation/revision will be floated by head of office through/Pay Audit Officer and the data sheet will be processed to EDP Center for generating computerized PPO. 2. Data sheet (Rev.) has been designed as per Appendix ‘B’ for proposing amendments/revision of the provisional Pensionary awards notified earlier on computer. The following general instructions will be followed while initiating/filling the data sheet for revision of pensionary awards by H.O.O.

(a) No corrigendum will be notified in cases of fix Medical allowance, organization code and address columns .

(b) The Data should be filled in neatly and accurately in block letters. Only one alphabet or numeric or special character should be filled in one box.

(c) Cutting and alterations should be avoided. However in cases where such cuttings/alterations become unavoidable, it should be properly attested under the signature of competent authority to do so.

3-Column-wise instructions for filling up of data sheet (Rev) :-

Cage-I-Basic Particulars: Basic particulars in the columns (original PPOs numbers) column B (organization code) and column-c (Name of pensioner) will be in variably completed in all cases while initiating a corrigendum claim on data sheet (Rev). Claims will be summarily rejected if all or any of columns provided in data sheet are not completed by H.O.O. All columns of data sheet will be competed with reference to intimation available in the H.O.O’s copy or the P.D.A copy of the original PPO notifying the provisional Pensionary awards. In other words. All or any one of these information even if incorrectly notified in the original PPO, the same are to be filled as it is in the cage-I of data sheet (Rev) in its original form. Column ‘D’ (Action code) will be filed as under: - Original PPO to be cancelled – C Where original PPO is not to be cancelled this column should be left ‘Blank’ CAGE-II Amendments/Revision proposed.

The existing data sheet for Defence Civilians has been reproduced in cage-II with suitable changes here and there. It should be kept in mind for strict compliance

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that only affected columns in CAGE-II will be filled while initiating a corrigendum claim. All other columns should be left blank. Column 1 to 81 will be filled if required as per detailed instructions given for filling up data in the data sheet for notification of provisional Pensionary awards except for following column. Column No.1 (Organization code) – The PPO. No. is allotted on the basis of this code and PPO. No. is used as key creation of master which can not be changed therefore no correction shall be proposed in this column. This column should always be left blank. If the prefix is found to be in correct, all copies of the PPO should be returned to this office for reprinting. No corrigendum PPO will be issued on this account. Column no. 21 (Medical Allowance)

This should always be left blank. If this is found incorrect in the PPO all copies of the PPO will be returned to this office for reprinting. No corrigendum PPO will be notified in this regard.

Column No32,33,34,35 (Additional demand column) – In these columns of data sheet (rev), only additional demand if any coming to the notice after the notification of initial demand shall be shown.

Column no. 5 (Head of the office addressed) 50 (link bank) and address columns.

If these columns are found incorrect in the PPO, all copies of PPO should be returned to this office for reprinting. No corrigendum PPO will be issued for these columns.

Data sheet (Rev) has been designed as Appendix-H for proposing

amendments/revision of family pension awards notified earlier on computer. The procedure as stated above should be followed relating to initiation of data sheet in amendment revision involved in family Pensionary awards.

II SUO-MOTU REVISION OF RETIREMENT/DEATH GRATUITY CONSEQUENT ON INCREASE OF DA ON PAY FROM TIME TO TIME.

As per existing Govt. order, Dearness Allowance admissible on the date of retirement/death shall be treated as “emoluments” for Retirement/Death Gty. only from 1.1.96. The revised rates at Dearness allowance payable to govt. employee are notified with effect from. Ist day of January and July every year as per govt. orders. 2. As per existing procedure, pension claims are received in this office before six months from the date of retirement and therefore the notification of gratuity is made without giving the effects to revised rates of D.A, which has been notified with retrospective date. Hence the awards of retirement gratuity and death gratuity already notified needs revision. Such revision is carried out in this office without calling for any revised data sheet and thus called suo-motu revision.

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Each and every year about 18000 revised PPOs notifying the arrears of retirement/death gty. are being issued on Suo-motu basis by this office. REVISION OF PENSIOANRY AWARDS IN R/O PRE-86 RETIREES AS PER RECOMMENDATIONS OF Vth CPC. Auth: G.O.I Ministry of PPG & PPG & Pensions, Department of P & PW OM NO. 45/86/97-P & PW (A) PART – III DT. 10.2.98 as modified vide OM. NO. 45/10/98-P & PW (A) Dt. 17.12.98. Applicability – The above Govt. letters are applicable to all pre-86 pensioners/family pensioners who were in receipt of following types of pensions as on 1.1.96.

1. Retiring pension 2. Superannuation pension 3. Compensation pension 4. Invalid pension.

SUMMARY

Under the above govt. letters revision of pension/family pension is to be done based on the notional pay fixed as on 1.1.86? The standard formula will be adopted for fixation in the revised scale for the then serving employees on each occasion. The notional pay so arrived as on 1.1.86 shall be treated as average emoluments for the purpose of calculation of pension/family pension and accordingly the pension shall be calculated as on 1.1.86 as per pension formula then prescribed.

The pension/family pension shall be worked out/consolidated as on 1.1.96 in accordance with the provision contained in G.O.I Min. of PPG & Pension Deptt. Of P & PW NO.F45/86/97-P&PW (A) Pt. II dt. 27.10.97 and shall be treated as basic pension for the purpose of grant of dearness relief in future.

However as per modified provisions contained in G.O.I Min. of PPG & Pensions, Deptt. Of P& PW OM NO. 45/10/98-P&PW (A) DT. 17.12.98, pension & family pension so consolidated shall not be less than 50% / 30% of the minimum pay in the revised scale of pay introduced w.e.f 1.1.96 of the post last held by the pensioner/deceased pensioner. The existing provisions in the rules governing qualifying service and minimum pension shall continue to be operative. CONDITION The provisions of the above govt. letter do not apply to the following categories.

1. Compulsory retirement pension 2. Compassionate allowance.

Implementation –

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Under mentioned agencies are involved in implementation of above order for revision of pension.

1. Pensioners/family pensioners

2. Pension disbursing authorities

3. Pay accounting authorities

4. Pension sanctioning authorities.

METHOD OF IMPLEMENTATION.

I. Pensioners – Pensioner will apply in the prescribed form (Pt-I) to his PDA.

II. PDA – PDA will authenticate relevant entries of the prescribed form (Col 1 to 5) and forward the application to H.O.O

III. H.O.O – H.O.O will fix the notional pay as on 1.1.96 and send to LAO/PAO.

IV. LAO/PAO: - LAO/PAO will complete the Pt. IV of the application and forward to Pr. CDA (P).

V. Pr. CDA (P) – Necessary Corr. PPO shall be issued by the Pr. CDA (P) keeping in view the modified parity.

REVISION / CONSOLIDATION OF PENSION BY PDA IN POST-86/PRE-96 RETIREE AS PER RECOMMENDATION OF VTH CPC. GOVT. ORDERS – the following govt. orders, on the above subject, have been issued for implementation.

1. G.O.I Min of PPG & Pensions, Department of Pension & Pensioners welfare O.M. NO.F/45/86/97/P&PW (A) Part – II dated 27.10.97

2. G.O.I Min of PPG & Pensions, Department of Pension & Pensioners welfare OM NO. F/45/86/97-P&PW (A) PT IV DT. 8.5.98.

3. G.O.I, Min of PPG & Pension, Deptt of Pension & Pensioners welfare OM no. F45/10/98 P & PW (A) DT. 17.12.98

APPLICABILITY –

These orders apply to all pensioners/family pensioners who were drawing pension/family pension on 1/1/96 under CCS (Pension) Rule 1972, C.C.S (Extra-ordinary pension) Rules. These orders are equally applicable to Defence Civilians including pensioners of DAD, Gref and Coast guard. CIRCULARS ISSUED BY THIS OFFICE FOR IMPLEMENTATION OF ABOVE GOVT. ORDERS: -

1. GI/C/TECH/0195-I DT. 6.11.97

2. GI/C/0195/VOL-II/TECH/ DT. 5.8.98

3. GI/C/0196/VOL-II/TECH DT. 17.3.99

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GIST OF ORDERS –

The pension/family pension of existing post-86/pre-96 pensioners will be consolidated by the Pension Disbursing Authorities as per table enclosed with G.O.I Min. of PPG & Pensions Deptt of Pension & Pensioners welfare letter dated 27.10.97. the amount so arrived at will be regarded as consolidated pension/family pension w.e.f 1.1.96 subject to the condition that the pension so consolidated shall not be less than 50% of the minimum pay in the revised scale of pay introduced w.e.f 1.1.96 of the post last held by the pensioners as per Govt. letter dt. 17.12.98 cited above. The existing provision in the rule governing qualifying service and minimum pension shall continue to be operative.

In cases where family pension has been granted at the rate less than 30%of the pay last drawn by the pensioner/deceased pensioner the same shall be recalculated/consolidated as per provisions contained in govt. letters dt. 8/5/98 and 27/10/97 subject to condition that the family pension so consolidated shall in no case be less than 30% of minimum pay in the revised scale introduced w.e.f 01.01.96 of the post last held by the pensioner / deceased pensioner as per govt. letter Dt. 17.12.98. AGENCIES INVOLVED FOR IMPLEMENTATION

a. Pension/Family Pension

b. Pension Disbursing Authority

c. Head of the office

d. Pr. CDA (P)

The procedures/guidelines for implementation of above govt. orders have been laid down in the above circulars issued to concerned agency by this office.

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REVISION OF PENSIONARY AWARDS AS PER V CPC IN R/O THOSE RETIRED AFTER 1.1.96 BUT INITIAL AWARD WAS NOTIFIED AT-

REVISED RATES OF PAY. AUTHORITY – G.O.I Min. of PPG & Pensions, Deptt. Of Pension and Pensioners Welfare OM NO. F45/86/97-P&PW (A) Pt. I dt. 27.10.97 as modified by that Govt. Letter No. F45/10/98-P&PW (A) Dt. 17.12.98 APPLICABILITY: - The provisions of the letter shall apply to Defence civilian employees who were in service as on 1.1.96 and retired thereafter. GIST OF THE ORDERS: - In cases where pension/family/death gratuity/ Retirement/ Gty./ Commuted value of pension have already been sanctioned provisionally or otherwise, in cases occurring on or after 1.1.96 the same should be revised in terms of above orders. In cases where pension has been finally sanctioned under the pre-revised orders and if it happens to be more beneficial then pension becoming due under these orders, the pension already sanctioned shall not be revised to disadvantage of the pensioners. Under the Govt. letter dt. 17.12.98 the pension shall be calculated at 50% of the average emoluments of last ten months. Similarly, family pension shall be calculated uniformly at 30% of the last pay drawn. However, the pension/family pension so calculated shall not less than 50% / 30% of the minimum pay in the revised scale introduced w.e.f 1.1.96 of the post last held by the pensioners/deceased pensioners as per Govt. Letter dt. 17.12.98 cited above. For the purpose of revision of Gty. the reckonable emoluments shall include basic pay, stagnation increment and NPA if any plus dearness allowance admissible on the date of retirement. IMPLEMENTATION: - 1. The H.O.O will issue revised LPC cum data sheet duly countersigned by

LAO/PAO. 2. On receipt of data sheet from H.O.O. PCDA (P) will revised pension

keeping in view the provision as laid down in above Govt. letter.

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CHAPTER 10

CHECKING OF ORIGINAL PPO / CORRG. PPO ON RECEIPT BY H.O.O AND ISSUE OF DUPLICATE P.P.O

CONTENTS

1. CHECKING OF PPO AND PENSION DOCUMENTS ON RECEIPT IN H.O.O

2. IN CASE OF LOSS OF PPO – ISSUE OF LOSS CERTIFICATE BY H.O.O/P.D.A

3. ISSUE OF DUPLICATE PPO BY PCDA (P).

4. RECOVERY OF DEMANDS – GOVT. DUES, COOPERATIVES AND LICENSE FEE

5. CASES OF ERRONEOUS GRANT OF PENSION.

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CHECKING OF ORIGINAL PPO/CORRIGENDUM PPO ON RECEIPT BY HOO AND ISSUE OF DUPLICATE PPO. CHECKING OF PPO AND PENSION DOCUMENTS ON RECEIPT IN H.O.O. The sanction of the Pensionary awards is communicated to the HEAD OF OFFICE by means of a PPO, which is dispatched to them with the following documents.

a. Original and quadruplicate copies of the PPO. b. Pension certificate of the pensioners. c. Descriptive Roll of the pensioner along with the joint photograph of

the spouse. d. Service documents.’ e. Observation memo.

3. The documents on receipt in H.O.O will be scrutinized as under.

ORIGINAL COPY OF P.P.O

It will be seen that: -

1. The PPO has been embossed with the uncoloured pension payment authority

seal of the C.D.A. (P).

2. It has been signed in Ink.

3. The name of the pensioner and the spouse mentioned in the PPO agree with those recorded in the service records and the claim form.

4. The amount of pension/DCRG. Etc. written in figure and words agree.

5. The award has been correctly notified.

6. The place and channel of payment has been indicated in the PPO and where a govt. servant has desired to draw his/her pension through a public sector bank, the particulars of the paying branch of the bank and account no. have also been indicated.

7. In the case of commutation PPO the date of issue of the PPO has been duly stamped by C.D.A. (P).

DESCRIPTIVE ROLL – It will be seen that: -

1. The name of pensioner and the spouse agree with those recorded in PPO.

2. The mark of identification has been clearly indicated.

3. Specimen signature of the pensioner and his/her spouse and their thumb and finger impression are available.

4. That the address of the pensioner is also noted.

5. Joint photograph is available.

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6. The photograph and the particulars noted in the descriptive return specially signature and thumb and finger impression have been attested by a Gazetted officer.

QUADRUPLICATE COPY OF THE PPO: - It will be seen that.

1. It is exactly copy of the original copy of the PPO.

2. It has been stamped as quadruplicate copy.

3. The signature of the officer signing original copy of the PPO has been affixed by means of rubber stamp.

PENSION CERTIFICATE: - It will be seen that: -

1. The particular of the pensioner have been correctly recorded there in and agree with those appearing in the PPO.

2. The amount recorded in the PC also agree with that notified in the PPO.

3. It has been signed by an officer of the CDA (P) (who may not necessarily be the same officer who has signed in the PPO.)

4. The relevant columns of the pension certificate have been properly completed and there is no disagreement between the entries in the PPO and the pension certificate.

SERVICE RECORDS (MANUAL NOTIFICATION CASES) :- It will be seen that: -

1. The service record meant to be maintained by head of office has been received along with PPO.

2. An endorsement regarding the grant of pension has been made in service book and attested by an officer of PCDA (P).

3. The documents will be disposed of by the Head of Office as under.

I. The original copy of the PPO and the descriptive return of the pensioners as will, as the photograph will be sent to the PDA.

II. The pension certificate will be sent to the pensioner citing a reference to a letter of PCDA (P) under which the intimation of the sanction was endorsed to him.

III. Quadruplicate copy of the PPO and service documents will be kept on record in the Head of Office.

4. The observation contains in the observation memo shall be complied with as early as possible.

5. Where a discrepancy is noticed in the pension documents the facts will be brought to the noticed of the PCDA (P) through a letter of telegram the PPO

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should not be returned for minor discrepancies unless cancellation of PPO is involved or the PPO has not been embossed with payment authority seal or is unsigned.

II IN CASE OF LOSS OF PPO ISSUE OF LOSS CERTIFICATE BY H.O.O/PDA

In cases where the original payment authority/PPO is reported to have been lost, the following procedure will be adopted.

a. If the payment authority/PPO is lost in transit before reaching the head of office.

In this case a loss certificate/non receipt certificate will be sent to PCDA (P) by

H.O.O and H.O.O will also obtain a loss certificate/ no payment certificate from P.D.A so that a duplicate PPO may be issued by P.C.D.A.(P)

b. If the payment authority/PPO is lost after dispatch of documents by the Head of Office.

The PDA will be requested to furnish the No payment/loss certificate direct to Pr. CDA (P) for issue of duplicate PPO in the prescribed format. The format on which No payment/loss certificate will be issued is as under: -

“Certificate that pension payment order no…………….. in respect of ……………..Personal no/regimental no (Rank and name of unit formation)………. Has been lost/ is not available and to avoid double payment being made a note has been kept in payment/check register on record in my office. The same if found or received from any authority at a later stage, will not be acted upon but will be returned to the concerned CDA for cancellation.”

III

ISSUE OF DUPLICATE PPO BY P.C.D.A (P) On receipt of the “No payment/loss certificate” the true copy will be prepared under proper authority by PPO cell of grants civil section with reference only to the original copy of draft pension payment order and will be dispatched to the pension disbursing officer through Head of office concerned on a priority basis and his acknowledge watched and properly recorded. All cases of issue of duplicate copies of PPO will be recorded in a register prescribed for the purpose.

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RECOVERY OF DEMADNS-GOVT. DUES, COOPERATIVE DUES AND LICENSE FEE. RECOVERY OF GOVT. DUES.

I. it shall be the duty of head of office to ascertain and assess govt. dues payable by a govt. servant due for retirement.

II. The govt. dues as ascertained and assessed by head of office which remain outstanding till the date of retirement of the govt. servant, shall be adjusted against the amount of the retirement gratuity becoming payable.

III. The expression Government dues include (a) Dues pertaining to govt. accommodation including arrears of license fee, if any. (b) Dues other than those pertaining to govt. accommodation, namely balance of house building or conveyance or any other advance, overpayment of pay and allowance or leave salary and arrears of income tax deductible at source.

IV. The Head of Offices should ensure that all govt. dues recoverable from retiring govt. servant should be assessed well before retirement and recovered from the salary/retirement Gty. and that no govt. dues other than arrears of license fee can be recovered from Dearness relief.

V. The failure or refusal of a pensioner to pay any amount owed by him to government cannot be said to be misconduct. The possible way of recovering/demanding govt. dues from a retiring officer who refuses to agree in writing to such dues being recovered from his pension is to persuade him to agree to recovery being made there from or take recourse to court of law.

RECOVERY OF COOPERATIVE SOCIETY DUES: -

Cooperative societies are not govt. organizations and any dues to them cannot be treated as “dues” to government’ No recovery of such dues can be made from the death cum retirement gratuity.

In case the prematurely retired official gives a declaration to his disbursing officer for recovery of outstanding dues of cooperative society from his D.C.R.G payable to him under the rules, the same may be deducted in cash from the DCRG of the official and remitted to the society. RECOVERY OF LICENSE FEE –

Directorate of Estates on receipt of intimation from the head of office regarding the issue of “No Demand certificate” shall scrutinize its records and inform the head of office eight months before the date of retirement of the allottee, if any license fee was recoverable from him in respect of the period prior to eight month of his retirement. If the head of office receives no intimation in regard to recovery of outstanding license fee by the stipulated date, it shall be presumed that no license fee was recoverable from the allottee in respect of the period preceding eight month of retirement.

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Where the Directorate of Estates intimates the amount of license fee recoverable in respect of the period prior to eight months of his retirement, the head of office shall ensure that outstanding license fee is recovered in installments from the current pay and allowances of the allotee and where the entire amount is not recovered from the pay and allowance, the balance shall be recovered out of the gratuity before its payment is authorized.

The directorate of Estates shall also inform the head of office the amount of license fee for the retention of govt. accommodation for the permissible period of four months beyond the date of retirement of allottee. The head of office shall adjust the amount of that license fee from the amount of the gratuity together with the un recovered license fee, if any. CASES OF ERRONEOUS GRANT OF PENSION.

Pension once sanctioned cannot be reduced/stopped excepting under the order of the President of India. However, if a revision of pension becomes necessary on account of a detection of clerical error subsequently the pension may be revised provided that no revision of pension to the disadvantage of the pensioner shall be made except with the sanction of the Ministry of Finance. If the clerical error is detected after a period of two years from the date of sanction of pension , the govt. servant concerned shall be served with the notice by the Pension Sanctioning Authority requiring him to return the excess payment so made within a period of two months from the date of receipt of the notice by him. On his failure to comply with notice the authority sanctioning the pension shall order that the excess payment be adjusted by short payment of pension in future in one or more installments as pension sanctioning authority may decide. If it is not possible to recover the over payment from the pensioner the order of the competent authority regarding regularization/write off the amount involved will be looked for. Any overpayments for which Defence Accounts Department are held responsible or an overpayment caused due to misinterpretation of any rule, order or regularization should be reported to the CGDA.

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CHAPTER 11

JUDICIAL SYSTEM-HANDLING OF LEGAL CASES

In the hierarchy of our judicial system Supreme Court is the highest court of the land. It is the highest and final interpreter of the general laws of India. All its orders and decisions are binding on all the subordinate courts within the territory of India.

Next, in the hierarchy, there is a high court in a State or a common high court

for two or more States. All their orders and decisions are binding on all the subordinate Courts with in the territory of that State or States.

Next to High Courts there are District Courts and below them are Civil Courts. For one’s redressal of grievances one may approach Supreme Court under

Art. 32 against infringement of fundamental Rights and High Court under Art. 226 against infringement of any of the rights by way of filing writs. In all other Cases one has first, to approach the Lower Courts and then in appeals in the higher Courts. WRITS –

There are 5 types of writs available to every citizen of India for remedy of

infringement of Fundamental Rights/Right. Out of which, generally writ of mandamus is filed against our department Four other writs are habeas corpus, status quo, prohibition and certiorari.

The word mandamus means the order and the writ of mandamus means an

order by a superior court, commanding a person or a public authority not to do something in nature of public duty/statutory duty. REASONS FOR COURT CASES –

Now a question arises, what necessitates a person to resort to legal proceedings? The answer is obvious. When a person or body of persons is not satisfied by the action of a public officer or he thinks his right has been denied by the public officer and inspite of his best efforts he is not getting his rightful claim, he resorts to legal proceedings. Latest spurt of litigation may be attributed to – Judicial Activism and liberal approach of courts of law. Judicial awareness amongst people. Different interpretation of government orders. Simplification of rules from a prospective or current date.

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DEFENDING COURT CASES -

While defending court cases, the role of Defence Account Department (DAD) may be of two types – As a co-coordinator or nodal officer. As one of the Respondents.

NODAL OFFICER –

Any one office of the DAD is nominated as a nodal officer for watching the interest of UOI/DAD in the cases that have been filed in a court located at that station. They are supposed to liaise with the Govt. Counsel to collect CWP/Suits, forwarding them to concerned office of the DAD, handing over the PWC to the Govt. Counsel, forwarding CA to concerned office of the DAD. They shall hand over the duly signed CA to Govt. Counsel for filing in the court and attend the court on their due dates. They shall also keep the concerned office of the DAD informed of the present status of the case. AS A RESPONDENT –

According to Army Instructions 7/S/81 the responsibility of defending a court case lies on the Administrative Authority/Head Of The Office. Therefore herein after they are referred as main respondent and others in the array of parties’ co-respondents. As for as office of the PCDA (P) is concerned, its role is limited to the extent of advising on the rules/regulations/policies governing grant of pension to the Defence Personals/Civilians. LEGAL NOTICE -

The process of litigation begins with the service of Legal Notice under Sec. 80 CPC. Service of Legal Notice is aimed at giving one more opportunity to the respondents to rectify their errors if any. Therefore, immediately on receipt of legal notice, it should be gone through line- by- line and word by word, and if the allegation is found to be genuine the grievance should be redressed otherwise a reasoned reply be given to the petitioner, so that unnecessary litigation may be avoided. SUMMONS/WRIT PETITIONS -

As soon as a suit or writ petition is received, the main respondent (Administrative Authority) is supposed to defend the case on behalf of UOI. A brief statement of case along with Para-wise comments is required to be prepared by the main respondent. Co-respondent are on the other hand, required to render their specific comments on the relevant paragraphs of the suit/CWP affecting provisions of rules/regulations/Govt. policy. These are then sent to the local defending unit/Legal Cell situated within the territorial jurisdiction of the court. On the basis of these comments defending unit/Legal Cell get the counter affidavit drafted by the Govt. Counsel and forward it to the respondent for signature. Duly signed and notarized counter affidavit is, then filed by the Govt. Counsel, in the court.

The defending unit/Legal Cell attend the court on due dates and keep all the

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respondent in formed of the progress of the case. As for as summon is concerned, representative of co-respondents is not

required to attend the court on all dates. On each dates the representative of main respondent is required to attend the court, which is done by the Legal Cell/Defending Unit. However, if the Govt. Counsel requires some briefing on rules/regulations/policies or the court specifically directs a co-respondent a representative from the co-respondent is required to attend the court. ACTION ON JUDGEMENT - When a judgement or order is passed in a suit/CWP the defending unit/legal cell or Nodal Officer is supposed to obtain certified copy thereof as soon as possible and send to all the respondents along with legal opinion of the Govt. counsel by fastest means. On receipt of the copy of judgement/order the administrative authority takes up the matter with JAG Deptt. to examine the feasibility of filing appeal. If decision to file appeal is taken the Main Respondent files appeal, application for stay against the judgement and application for condonation of delay if there is any delay. However, if the judgement/order is not found fit for appeal or stay has not been granted, necessary steps should be taken to implement it as soon as possible. On examination of judgement it may be seen that it may be of three types-

1. Where the judgement has been passed on merits and direction has been issued to make payment if any due.

2. Where the judgement has not been passed on merits but direction has been issued to reconsider the petitioner s̀ claim.

3. An interim order. In the 1st &3rd case if the judgement/order is against the rules/policies of government either it must be appealed or government sanction must be obtained from the Concerned ministry to implement it. It is the responsibility of the main respondent to obtain the Government Sanction. If the Judgement is to be implemented finally by a co-respondent, he should also make effort to obtain Govt. Sanction to implement the judgement However in 2nd case no Govt. sanction is required and it should be complied with by way of Speaking Order or otherwise, as the case may be. As for as filing of compliance report is concerned ,the same is not required in each case. But where the court has specifically directed to file compliance report it must be filed on affidavit.

In case some delay is expected in implementing the judgement, the Main Respondent must seek extension of time by filing Misc. application, otherwise contempt case may be filed by the petitioner. CONTEMPT – In the case of contempt, utmost care should be taken. Procedure for defending contempt is same as that of a writ petition. It is noteworthy that in all cases of contempt payment is not necessary .if the contempt has been filed due to wrong notion or due to misinformation it should be contested.

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CONSTRAINTS IN DEFENDING COURT CASES - 1. Due to multiplicity of respondents and lack of co-ordination amongst them considerable delay is caused in filing counter /rejoinder affidavit hence sometimes cases are decided ex-parte.

2. Some times time-barred cases are filed in which relevant records have been

destroyed and the allegations can not be testified. 3. Similar type of cases are required to be treated alike but it is often seen that it is

not done.

4. To avoid contempt case or stricture from the court , judgements which are total against the Rules / Govt. policy ,are admitted that paves way for others also to take recourse of litigation. CASE STUDIES – 1. Nandan Kumar Shah Vs Union of India.

Petitioner was transferred to Army from APS on deputation and got disabled. On reversion he was granted Rs.90 disability element of the disability pension for 20% disability. After 4th Pay Commission he claimed for revision of his disability element to Rs.375 as disability pension. His plea was however, rejected by the PCDA (P). On his writ petition Hon b̀le court held him entitled to Rs.375/- as Invalid Pension. Here Hon b̀le court erroneously changed the nomenclature disability pension as Invalid pension. This was an error of fact and Review Petition was required to be filed. However no review petition was filed. When petitioner filed contempt petition disability element was raised to Rs.375.

Shiv Kumar Vs Union of India.

Petitioner was invalided out of service prior to 1/1/73 after serving for two years on account of Neurosis, which was held by the Medical Board as neither attributable to nor aggravated by Military Service. Therefore disability pension was denied to him. When he approached High Court Hon b̀le court directed the Respondents to decide his earlier representation afresh and pass appropriate orders in accordance with law. However no action was taken for a considerable long time and when he filed contempt petition, instead of passing appropriate order Ministry Of Defence granted 20 % disability pension.

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CHAPTER 12 GRIEVANCES REDRESSAL MECHANISM

INTRODUCTION :

In 21 st century imparting correct and accurate information to any agency is a prime important working zone for any institute. The correctness of outputs of any organization is measured by various yardsticks and management information system. One of the major area in the office of P.C.D.A(P) ALLAHABAD is to collect all such information through complaint cell.

The office of the Pr.CDA (P), Allahabad has embarked upon to institute a centralized Complaint Cell as a Nodal link. The prime object is to ensure effective control and monitor complaint cases. The functions of the cell are fully computerized. Main functions and processes of the cell are:- Firstly, to register in computers, all types of complaints and grievances which are received from following agencies:- CGDA – VIP Cases – Raksha Mantri, PMO, Cabinet Secretary, and Ministry. Ordinary Cases- Case references and Reminders. PGO- Cases received through post, E-mail cases. Each case is examined and appropriate section is marked. Subsequently, Distribution Sheets are generated on the computers and transmitted along with computer-generated Top sheets to concerned Coordination Group and in turn to concerned section. Grants Coordination Group intimate to this Cell the concerned section that needs to effect final disposal of cases. For Ordinary PGO – Cases following action is ensured in the cell: - PART-A This category comprises cases fulfilling required information. Such cases are transmitted to operative sections concerned for eventual disposal. PART –B Under this categorization, certain important information is wanting. This cell addresses the pensioner to furnish all basic information in the formatted reply. On receipt of necessary information, case is actioned as under Part A. PART-C:- This category comprise all grievances or complaints wherein certain basic information is wanting and does not indicate postal address. It also comprises cases of non-pensionary matters. Finally, Part B cases for which no reply is received after lapse of 1 month are classed under this category.

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Towards Reporting and Monitoring activities, following course of action is adopted:- 1. No Reply outstanding cases is generated and Daily Report is rendered to Group Officer. 2. A Weekly Report of the No Reply outstanding cases is generated and rendered to Pr.CDA (P). 3. A Fortnightly Report of both No Reply and Interim Replied outstanding cases is generated and rendered to Pr.CDA (P). 4. Based on this Report, Group Officers of concerned operative sections are furnished of Lists each fortnight of No Reply and Interim Replied cases to expedite final disposals. 5. Monthly Progress Report to CGDA is also rendered on the basis of second Fortnight Report.

Interim Replied cases represent initial temporary disposal of cases. Actions

pend with other agencies viz. Treasury Offices, Public Sector Banks, Record Offices, AHQ/MOD, Pensioners for claims or other requirements. Final disposal action are as a result of receipt of documents or confirmation.

It is to be borne that all disposal or settlement of cases are effected in this Cell only on the basis of Settlement Lists, which are periodically received from CGDA New Delhi.

In brief, complaints or grievance cases though being diarised since long, the

centralized nodal cell has been formed since September 2003. All cases received from CGDA, Ministry of Defence, VIP, PGO and E-mail categories are received, registered, distributed and closely monitored for timely final disposal. The operations are in computer-process. In case of non-receipt of computer generated Top Sheets for final disposals, computer-generated Reminders Lists are issued to concerned sections. MIS Reports too are ensured.

GRIEVANCES REDRESSAL OF VISITING PENSIONERS RECEPTION CENTRE: Towards enhancing the activities of the Grievances redressal, pensioners,

representatives or NOK of pensioners visit the office to vent their cases. Since they are barred from visiting sections and premises within, therefore all are requested to hand over their petitions with photocopies of relevant enclosures. Gate- passes are prepared daily and concerned sections accord priority action of disposal on the same day. Upon examination, Gate-passes are returned to the Centre along with status or requirement furnishing a copy to the visitor. Daily Report to PCDA (P) detailing receipts and other information is generated on the computer as a result of feeding the gate-passes information and the section replies along with file No. and date of disposals. On consolidation, a Weekly Report on similar lines is rendered to PCDA (P). In addition, Group Officers are nominated each week for Super-Review of visiting pensioners’ cases and their Analysis Report rendered to PCDA (P). The Centre now functions under the control of Complaints Cell and headed by Public Grievance Officer of the rank of JCDA.

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TYPES OF COMPLAINTS AND AGENCY – WISE ANALYSIS – Following constitute broad types of pensionary benefits on which complaints are received:- Non/less grant of service pension Non/less grant of one time increase in pension Non-payment of family pension/special family pension Non-payment of DA, IR to Reemployed Army Officers Non-grant & revision of family pension Non-grant of disability pension Non-finalization of appeal against rejected disability pension/special family pension. Transfer of pension account from one to other P.D.A. Loss of pension passbook & issue of duplicate pension book Issue of duplicate PPO Restoration of commuted portion of pension. Revision of pension pre and post 01.01.1986 Revision of pension pre and post 01.01.1996 Counting of former service Sanction of LTA/Arrears of pension Division of pension Legal notice/court cases Fraudulent drawl of pension Non-implementation/ incorrect implementation of V CPC orders. Non-payment of medical allowance.

Based on broad analysis of the agencies upon whom action devolves it

has been studied that by and large the position is as follows: -

SL NO. ACTION ON THE PART OF WHICH AGENCY PERCENTAGE

1. Principal CDA (P) 16% 2. Individuals 17% 3. Head of Offices 12% 4. Record Offices 9% 5. Government Decision Awaited 3% 6. Banks 18% 7. DPDOs 13% 8. Treasuries 6% 9. Other PDAs 6% Total 100%

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CHAPTER 13

DEFENCE PENSION ADALAT

Right from the year 1987 when Defence Pension Adalat was introduced, Defence Accounts Department has been holding the Adalats with zeal and dedication. So far the department has conducted 90 Adalats across the country. The aim of Adalat is to redress the grievances of the senior Citizens on Pension sanction and Disbursement with utmost promptitude by liaison with the authorities concerned for prompt and correct settlement. Need for an Adalat… An estimated 21 lakh Defence pensioners and their families settled in various parts of the country are drawing their monthly pension from different pension disbursing agencies across the country. A large community of Ex-servicemen is settled in the interiors as also remote areas where the dissemination of information and communication of latest orders/circulars is slow. The lack of awareness at the ground levels specially the disbursing agencies leads to generation of grievances on delays in disbursement and incorrect payments. The process for grant of pension and the payment involves a large number of agencies. Agencies like the Record offices/Heads of offices initiate pension claims. Pension sanctioning authorities viz the PCDA (P) Allahabad, PCDA (Navy) Mumbai and Jt. CDA (AF) New Delhi grant the pension. These are then paid by approximately 46,000 branches of the Public Sector Banks, 582 Treasury offices of the various Govts., 62 Defence Pension Disbursing Offices, 5 pay account Offices and the Indian Embassy, Nepal. The PCDA (P) Allahabad is centrally responsible for the accounting, audit and budgeting of all pension payments, which amounts to Rs. 13806 crores for the year 2006-07 The system on sanction and disbursement of pension awards to Defence Pensioners is complex as it involves grant of special pensionary benefits like disability pension, Special/Liberalized family pension, war injury pension, Ex-gratia award etc. These awards require special understanding and interpretation of complex rule and provisions. Owing to the above reasons there is generation of grievances. Mechanism for redressal of grievances exists at the end of different authorities and action is taken for settlement of complaints in the shortest possible time. However, a sizable number of grievances are required to be sorted out in liaison with more than one authority, which takes time. At times complaints linger on for considered time and finally get buried under the weight of copious correspondence. Aims and objectives…. The forum of Defence Pension Adalat steps in at this juncture with the objective of taking the grievance redressal mechanism to the doorstep of the retired Defence Personnel to resolve the grievance on the spot through personal interaction and dialogue. The Adalat addresses to the grievances of the pensioners community at a given station through representatives of various authorities and a final view is

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taken for appropriate action in a time bound manner. The Adalat also serves to disseminate latest information, orders, circulars, procedures, forms and formats to the pensioners’ community and to various local authorities like Heads of offices/Banks/TOs etc. Besides, it also aims at re-establishing a communication channel between the ex-servicemen and the various authorities who’s representative are associated with the business of the Adalat. The forum of Defence Pension Adalat was set up in the year 1987 under the aegis of Ministry of Defence. The Adalats are held by the Defence Accounts Department headed by the Controller General of Defence Accounts. These Adalats a re organized by the PCDA(P) Allahabad, the nodal authority on all Defence pension matters. The Adalats are also organized by CDA (PD) Meerut and CDA Chennai at places where DPDOs are disbursing pensions. The 1st Adalat was held at Jalandhar in 1987, and so far 80 Adalats have been held in different states. The Defence Pension Adalats aims at the following: # To take the grievance redressal mechanism to the doorstep of the defence

pensioners with a view to resolving the grievances on the spot. # To invite applications on pension specific complaints from the pensioners

residing in and around in a particular station. # To resolve the queries and complaints of the visiting pensioners during the

days of the Adalat, a dialogue between the pensioner and the pension experts.

# To educate and inform pensioners in and a round the station on the latest orders circulars, provisions and procedures on pension, to provide various pension forms and formats to the pensioners.

# To educate the various pension disbursing agencies of the various latest orders, circulars, provisions and procedures on pension matters as also to clarify their doubts on them.

How are Adalats organized…… A calendar for holding Defence Pension Adalat is chalked out for a financial year and is approved in advance. On an average six Adalats are held every year. Of these six, four are conducted by PCDA(P) Allahabad and one each by CDA (PD), Meerut and CDA Chennai. The process of Adalats starts 2 to 3 months in advance by release of a press notification inviting applications from Defence Pensioners in a particular station. The applications, addressed to a Nodal officer at PCDA (P) Allahabad or CDA (PD) Meerut or CDA Chennai, are examined in detail. Prompt action is taken to either finalize tem by release of revised financial awards or by issue of a clarificatory letter to the pensioner/Pension Disbursing Agency. Action is also taken to call for the requisite information from agencies concerned. The dates of the Adalat and venue are notified in advance to the concerned agencies. They are also requested to nominate their officers to the Adalat. Cases received on the day(s) of the Adalat are registered separately and are taken up by the Adalat for settlement apart from the cases already received prior to the date of the Adalat.

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The business of the Adalat is conducted through the benches, comprised of experts from various authorities, viz CGDA, PCDA (P), CDA (PD), Ministry of Defence, the Service Headquarters and Record offices. A summary of outstanding cases is compiled at the end of the Adalat and the unsettled cases are referred to the concerned agencies for appropriate action in a time bound manner. A periodical review is carried out on the outstanding cases. The logistic support for the Adalat is provided both by the respective Area/Sub-area of the three Services as well as by the concerned Regional CDA of the area. Are the Adalats useful……. Going by the response and feedback received from the various quarters, there appears to be a requirement, of conducting more Adalats. The Adalats have been received very positively by the pensioner’s community and also by the Pensioners Associations and Leagues. The lead to settlement for long outstanding grievances also instills a sense of satisfaction and confidence amongst the pensioners once their pensionary entitlements are certified by experts. The Adalats have brought about manifold increase in the importance being attached by the Banks and Treasuries at the local levels to defence pension payments. The Adalats have not only clarified the various doubts which persists at the ground level by also have provided with latest orders/circulars on pension matters which have not percolated down to them. One of the biggest achievements of the Adalat has been the establishment of communication expressway, which has pulled out the pensioners from wilderness and has been able to provide a name and address to the bureaucratic machinery, which is accountable towards public. Another great achievement to the Adalats is to bring various agencies including disbursing agencies at one platform that have their heads put together to redress the grievances in a comprehensive manner. Besides, the healthy interaction between these agencies, has thrown up various areas where reforms are required to be made in the system to make it more responsive to the concerns of the Ex-servicemen who have toiled hard for the sake of the country. The awareness generated by the forum of the Adalat has made the various agencies concerned more cautious and responsible on timely and correct disbursement, which ensures better customer services and safe guards against mis-utilization of Govt. money.

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CHAPTER 14

NEW PENSION SCHEME The scheme comes into operation with effect 1.1.2004 and it is applicable to

all new entrants to Central Govt. Services except Armed Forces joining Govt service on or after 1.1.2004.

The Scheme has Two Tier (i) Tier-I Mandatory 1. Contribution will be 10% of the Basic Pay + DP+DA+NPA if any equal matching contribution will be made by the Govt. (ii) Tier-II Voluntary

This will not be operative during the period of interim arrangement 2. Recoveries of Tier-I contribution will start from the salary of the following month in which the Govt. servant has joined service. No recovery will be affected for the month of joining. 3. No deduction will be made towards GPF contribution from Govt servant joining service on or after 1.1.2004, as GPF is not applicable to them. 4. Balance will not be transferred by the PAO to the other Accounts office on transfer. No withdrawal of any amount will be allowed during the interim arrangement. 5. Individuals can normally exit at or after 60 yrs of age for Tier-I of Pension System.

At exit the individual would be mandatory required to invest 40% of pension wealth to purchase and annuity from an IRDA regulated Life Insurance Company.

Prior to the age of 60 years annutisation would be 80% of Pension Wealth PROCEDURE 1. Procedure for Allotting PPAN No. and Creating of Nomination data file for New entrants 1.1 Immediately on joining the Govt. Service, the Unit/Executive authorities will

get the Annexure I (i.e. application for PAN cum Nomination Form) filled in triplicate from the new entrant.

1.2 Two copies of Annexure I will be forwarded to the Pay Audit Office duly

countersigned by the Unit/Executive authorities. The third copy will be retained by the unit as office copy.

1.3 The Pay Audit Office will verify from the Pay Bill every month that Annexure I

has been received for each new entrant. 1.4 The Unit/Executive authorities will certify clearly on each Pay Bill that every

new Govt Servant has joined the New Pension Scheme. The Pay Audit Office will verify the Certificate before passing the Pay Bill.

1.5 The Pay Audit Office will forward both the copies of Annexure I to I/O Cell of

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DDP Centre after due scrutiny, Pay Audit Office should also keep a record of such new entrants whose forms re being sent to I/O Cell of DDP Centre.

1.6 On receipt of Annexure I the I/O cell / DDP Centre will allot PPAN based on

following algorithm. A register will also be maintained for allotment of PPAN. 1.6.1 PPAN will be a 16 digit number. 1.6.2 Digits 1-4 : Year of joining I.e. 2004 1.6.3 Digit 5: always 2 for CGDA 1.6.4 Digits 6-7: CDA code as used in financial compilation system I.e. 16 for CDA

New Delhi. 1.6.5 Digits 8-11: Section code for Pay Audit Office/Section as used in financial

compilation system i.e. 0001. 1.6.6 Digits 12-16 Running serial number for the year for each Pay Audit

Office/Section. 1.6.7 A register will be maintained for allotment of PPAN in the I/O Cell of the DDP

Center to ensure that PPAN are allotted in sequence and there is no duplication of PPAN.

1.7 The I/O Cell / DDP Centre will endorse the PPAN on both copies of Annexure

I. One copy will be returned to Pay Audit Office for onward transmission to Unit, the same Annexure duly accepted by the Pay Audit Office will be pasted in the individual service book and other copy will be forwarded to the DDP Centre for data entry and for master creation.

1.8 On completion of data entry, the I/O Cell will forward all the Annexure I

received in a month to respective Nodal Centre. 1.9 The Nodal Centre will also maintain the records of all such documents in a

digital form. 1.10 The DDP Centre will forward the file (I.e. soft copy as per prescribed format)

of newly created records to the respective Nodal Centre every month. 1.11 The Nodal Centre will send the consolidated data file of Annexure I to CPAO.

1.12 The Pay Audit Office will inform the concerned Unit/Executive authorities of allotment of new PPAN with instructions to prepare separate Pay Bill for all Govt servants covered under NPS. The PPAN allotted to the individual will remain unchanged throughout the service of Govt servant. The unit/Executive authorities may be advised to print PPAN of Govt. servant

on the salary/Pay Slip of every month. PROCEDURE 2. Procedure for monthly recovery of Tier I contribution and its compilation:-

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2.1 It will be the responsibility of the Unit/Executive authorities to ensure that the recoveries towards Tier I contribution (I.e. 10% of Basic Pay, DA DP, NPA and arrear if any) will start from the Pay Bill of the month following the month of the joining the Govt service of new entrant.

2.2 The Unit/Executive authorities will prepare separate Pay Bill on IAF CDA-347

(with proper Pay Bill No. and date) for Govt servants joined on or after 1.1.2004. The PPAN will invariably be indicated against the name of the Govt servant in the Pay Bill. The recovery towards Tier I contribution will be indicated in the separate column. There should be separate column for the current month recovery and recovery towards arrears of the Tier I contribution.

2.3 The Unit/Executive authorities will certify clearly on each Pay Bill that every

new Govt servant has joined the New Pension Scheme. The Pay Audit Office will verify the Certificate before passing the Pay Bill.

2.4 The schedule of recoveries as per the prescribed format I.e. Annexure-II will

be prepared by the Unit/Executive authorities in duplicate. Pay Bills along with schedules will be forwarded to the Pay Audit Office as per the present practice.

2.5 The Pay Audit Office will audit the Pay Bill and will also ensure that the

recovery towards NPS has been correctly made in the Pay Bill and is supported with requisite schedule.

2.6 On passing of Pay Bill, the Pay Audit Office will prepare P.M. for the

compilation of various amounts including individual’s contribution towards Tier I and matching Govt. Contribution

Towards Tier I and matching Govt Contribution as per the Accounting

Instructions. Each Pay Bill will be given a separate D.V No. The Pay Audit Office will detach one copy of recovery schedule from the pay bill and sent it to I/O Cell after making entries in the Schedule Control Register, forward the schedule to the DDP Centre for Data Entry.

2.7 The I/O Cell will maintain a Register of such schedule indicating the Total

amount of Schedule along with the amount of P.M. on monthly basis. I/O Cell will also reconcile the compiled amount with the monthly schedule amount.

2.8 The I/O Cell and DDP Centre will ensure correct and timely data entry of all

recovery schedules for a month, received from Pay Audit Office. 2.9 The reconciliation of compiled amount and recoveries made will be ensured at

the stage of data capture itself through proper validation checks. 2.10 The DDP Centre will forward the NPS data file as per prescribed format, to

their respective Nodal Centre on prescribed date. 2.11 The Nodal centre will consolidate NPS data received from DDP Centers /Pay Audit Office and sent to CPAO as per prescribed dates.

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2.12 Nodal Centre should also keep a records of such data sent every month to CPAO in register.

Data upto Feb 2005 is being sent to CGDA office, New Delhi

SALIENT POINTS OF NEW PENSION SCHEME APPLICABILITY:- 1. The scheme is applicable in respect of central government servant who are

appointed on or after 01.01.2004.

2. Not applicable to Armed forces at present.

3. The scheme has two tier (Tier-I & Tier-II)

Tier-I: is mandatory.

Tier-II: Not mandatory, not yet introduced. CONTRIBUTION:- 10% of (BP + DP +DA), matching Government contribution equal contribution to individuals contribution. PPAN:- 16 digit permanent pension account number will be alloted by the PAO. WITHDRAWAL FORM NPS:- No withdrawal is permissible. EXIT FROM SCHEME:- On attaining 60 years of age. It is mandatory to invest 40% of Pension wealth in annuity from an (IRDA) to provide pension for life time of the employee and his dependent parent/spouse. Prior to attaining the age of 60 years 80% of pension wealth is required for annutisation.

INTEREST IS PAYABLE:- At the rate prescribed by government from time to time.

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CHAPTER 15

RECORD MANAGEMENT

Record Management is a Herculean task in the PCDA (P), office. These records constitute biggest archive of this Department. Records occupy 40% of total constructed area of this office. Records are consisting of basically three elements: 1-PPO-Pension Payment Order (Of different series), 2-Corr PPO-Corrigendum PPO, 3-Supporting Documents.

These records are basically held in binders for their safety. These binders have been kept on different racks in following records rooms: - CH Section-Original PPOs and Corr PPOs in respect of all the pensioners, approx 109 lakh Sheets. PBOR GRANTS- original PPOs +Corr PPOs+ all supporting documents. G- 1 MILITARY- original PPOs +Corr PPOs+ all supporting documents. G1 CIVIL- original PPOs +Corr PPOs+ all supporting documents in respect of the entire Defence civilian employee.

Total no of binders are approx 3.4 lakh containing PPOs of more than 60 lakh pensioners. Why are these records needed?

These records are required on daily-to-daily basis for variety of purpose, namely:

1 Reference, 2 Revision of pension, 3 Court cases, 4 Prescribed retention period is 75 years, etc.

Problems in Management of Huge Records: 1-Shortage of space, as every year approx 1 lakh PPOs with supporting documents are adding to existing record base. 2-Retention period of records is too high. Even after 75 years requirement of records for any purpose cannot be ruled out. 3- It requires regular spraying and fumigation, because termite infestation is a constant threat. 4. - Records Rooms are located away from operative sections. Therefore retrieval of binders is time consuming due to distances involved.

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Final Solution: - ‘DIMS’: Document Imaging and Management Solution (DIMS) is a part of Mission Excel IT project. It contains: 1.scanning of all PPO including Corr PPO (CH COPY). 2.scanning of PPO excluding Corr PPO (grants Copy) of effective Pensioners 3.Scanning of selected documents attached with all PPOs. 4.Creation of Database, which can populate/validate pensioner profile and may be used for future revision etc. 5.A software for Record Management.

DIMS would drastically change Record Management System with following positive implications: 1.Electronic library of all the records would be available on click of a mouse. So retrieval would be very easy and effective. 2.Efficient Management of Records by segregating effective and non-effective pensioners. 3.Pension profile of all the live pensioners would be available on line.

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CHAPTER 16

ROLE OF EDP

EDP center plays a very important role in the office of the PCDA(P), Allahabad. It has developed, in house, many project for computerized processing of pension claims and other functions of this office. The audit of pension claims are carried out by manual sections and EDP section carries out data entry, validation and processing. EDP Centre functions under the administrative control of EDP & Systems Manager with the following objective in view :- System development of different types of pensionary awards admissible to Commissioned Officer (Army), PBOR and Defence Civilians including DAD, GREF, Coast Guard and NCC. Modification of existing systems for pension with reference to the Government orders issued from time to time.

Timely processing of pension data and generation of Pension Payment Orders and Corrigendum Pension Payment Orders. Suo motu revision of retirement gratuity on half yearly basis due to increase in rate of dearness allowance with effect from 1st January and 1st July every year. Generation of Audit cards for conventional audit of pension payments made by the PDAs. Compilation of Defence Expenditure Linking of pension payment scroll with bank advices through computer. Sending of RNPDS data in respect of Original / Corrigendum / Revision PPOs of all

computerised PPOs to EDP Centre and DPDOs. Development for PC based system for screen audit of 1st payment of pensionary

awards, Complaint Cell Dak Dairy system and PPO binder library system Development, updation and maintenance of official website and hosting of the same

through NIC, New Delhi E-mail handling

EDP center is maintaining 35 projects. Some of the projects are under testing

or in the process of implementation. In addition the center has developed a number of office automation projects, like computerized Claim Diary System for various Grant sections, Complaint Cell project, Legal Cell project etc. EDP center is also developing system for DAK Diary system.

In addition a system of data capture and printing of PPOs through computers has been developed for cases where pension claims are processed manually.

In view of Mission Excel IT project under taken by the department for obtaining Excellence through use of Information technology, the office automation has become very important. The EDP center, besides developing/maintaining various application systems as enumerated above, maintains a number of hardware. It has number of hardware required for office work, spread over the entire office.

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The EDP center arranges provisioning and maintenance of the above hardware. It arranges Annual Maintenance Contracts for upkeep of the hardware. EDP Centre is equipped with the following hardware:-

(i)IBM RS 6000 with one console, 6 GB Hard Disks and 12 terminals.

HP. Net server with one console, 8 GB Hard Disks and 5 terminals. HP Xeon server. WIPRO NET POWER XEON Server Two in number

PCs More than 240 PCs.

Printers

Line printers - 3 units Dot Matrix, Laser and Inkjet printers more than 140 in numbers.

UPS 10 KVA- 2 , 5 KVA – 17, 1.2KVA- 2, 0.5 KVA- 108

The EDP also maintains the following LAN /WAN In the office-

1. A 98 nodes Local Area network - Optic Fibre, CAT-5 cables, managed and

unmanaged switches. 2. 60 additional nodes have already been installed in the Main Building & Grants

Complex, Record Section using CAT-6 cables. 3. A multi protocol label switching (MPLS) is installed - Enables instant data transfer between DAD offices - A VOIP also functional. This is a hotline connecting the entire DAD through Phone

The EDP center has an in house developed website - Regularly updated incorporating latest Govt. Orders - Information in respect of the PPOs generated every month. - Latest relevant Govt. Orders/regulations available - Details of Pension Adalat cases The EDP center is gearing up for implementation of Mission Excel IT project. It has also penned down the User Required Specifications for development of Pension sanction project to be developed under MEIT project. The EDP has plans to computerize the AUDIT of Pension Payment, Accounting of Pension Expenditure and preparation of Defence Pension Budget with 100% online Data. The center has already prepared the User Required Specifications for the purpose. The entire system of Pension Sanction, Audit and Accounting are to be outsourced and developed on JAVA platform.

From above it can be said that the EDP center is backbone of the office of the PCDA(P) Allahabad.

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CHAPTER 17

Mission Excel – IT

The Defence Accounts Department has launched an ambitious automation project 'MissionEXCEL IT'.

The aim of Mission Excel IT - total online integrated automation of all functions of the Department including providing network connectivity to all its offices.

In this regard, following steps have been taken-

1 To undertake a comprehensive study of all functional areas of the Department, in house Study Groups (21 Nos) were formed which were mandated to identify areas for automation, databases to be created and to suggest areas for BPR (Business Process Re-engineering).

2 A group on Information Technology was also formed to give

recommendations on software technologies to be used. The software technologies that are proposed to be used in the automation projects under Mission Excel IT are:

* Operating System: Red Hat Linux Advanced and Enterprise for Servers and MS Windows for desktops. * Application Development: on J2EE(Java 2 Enterprise Edition), with Jboss as Application Server and Tomcat as Web Container. * RDBMS: Red Hat Database and MySQL

Considering the magnitude of MissionExcel IT, it has been decided to outsource the development of software.

Under Mission Excel IT, eleven Software Development Projects have been

identified. These projects are a combination of Main System (core functional area of an office) and a Plug-in system (System or Modules covering a support function which will be plugged into the main system). It will be the responsibility of software developers to develop the interfaces between main systems and Plug-in Systems, so as to achieve seamless integration.

For each of the eleven Software Development Projects a Project

Coordination Team has been set up (PCT). The PCTs would be the point of contact for the software developer. The PCTs would be closely associated with each and every stage of development and implementation of the eleven software projects.

Exhaustive URS (User Requirement Specifications), have been prepared,

which would form part of the Tender Documents for RFP. A roadmap of the entire project has been conceived. 2. Software Development Projects under MISSION EXCEL IT

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2.1 Pension Project: The Pension Project constitutes two main systems – the Pension Sanction system and the Pension Disbursement System. Development Center of this Project is Allahabad/Meerut. 2.2 CDA (O) [Controller of Defence Accounts (Officers)] Project : The CDA(O) Project comprise of the CDA (O) main system and the T-Armed Forces Plugin system [Traveling/ Daily Allowances of armed forces]. The CDA (O) System will be implemented in the office of Pune in all its sections. T-Armed Forces System plugin system would be applicable to three offices viz CDA(O) Pune, CDA(AF) Dehradun and CDA(Navy) Mumbai who are responsible for TA/DA claims (advance and final bills) of all officers and jawans of Armed Forces. Development Center of this Project is Pune. 2.3 IFA (Integrated Financial Advisor)/ ATC (Audit Through Computers) Project: This Project comprised two main Systems viz. the IFA System and the ATC System. 2.3.1 The IFA System should cover the functionalities of the Integrated Financial Advisor & the ATC System should cover the functionalities of the sub-offices of the Department – the Local Audit Office (LAO).The IFA system will be implemented across the different organizations of the armed forces i.e the Army, Navy and Airforce, both at the Headquarters and at the lower formations. The ATC System will have to be implemented in all the LAO offices and its MIS module will have to be implemented in the respective controller offices. Development Center for this project is Delhi. 2.4 Regional CDA Project : This Project comprise of Regional CDA System and Accounts Section Plugin System. 2.4.1 Regional Controller System consists of Store section, Miscellaneous section and Engineering section of a Controllers office and its various sub offices. Accounts System will be a plugin system to be installed in every office. Development site of this Project is Delhi. 2.5 PCDA(ND) [Principal Controller of Defence Accounts(New Delhi) ] Project : This Project should cover the unique functions of this office such as Foreign Payment Section, POL (Petrol, Oil & Lubricant) section, APO (Army Purchase Organisation) section and UN cell section. The non unique functions of this office will be covered by the Regional Controller Project. Development site of this project is Delhi. 2.6 CDA(N) [Controller of Defence of Accoutns (Navy)] Project: This Project would cover the unique functionalities of the C.D.A. (Navy), Mumbai. CDA (N) will access the computerized system and data of the Naval Pay Office. The non unique functions of this office will be covered by the Regional Controller Project. This system will need to be implemented in Mumbai and Vishkapatnam. The development center for this Project is Mumbai. 2.7 CDA (AF) [Controller of Defence Accounts (Air Force)]: This Project would cover the unique functionality of the Office of C.D.A. (Air Force), Delhi. The CDA (AF), Delhi will access the computerized system and data of the AFCAO. The non

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unique functions of this office will be covered by the Regional Controller Project. The development center for this Project is Delhi. 2.8 CDA(BR) [Controller of Defence Accounts(Border Roads)] Project : This project comprise of CDA(BR) System and Pay Accounts Office(GREF) system. Development site of this Project is New Delhi and Pune 2.9 ORs [Other Ranks] Project : This Project comprise of Other Ranks System to be implemented in 43 Pay Accounting Offices(PAOs) at various locations. Development site of this project is New Delhi. 2.10 FIS/MOD (Financial Information System/ Ministry of Defence) Project: The software application developed under this Project would be a tool both for the Ministry of Defence and the Defence Accounts Department for monitoring the defence budget. The FIS system would be universal plug-in system that will be implemented in all the offices of the Department. The System will have an interface with practically every other system developed under Mission EXCEL IT and will be importing/ exporting data from/ to every other system. The databases will be updated in all the offices of the Department. The development centre of this project is Delhi. 2.11 Pay Project : This project comprises of CGDA system, Fund(Main) System, DAD/PIS(Defence Accounts Department/Personnel Information System) System and Expanded Pay System. 2.11.1 Expanded Pay System covers Pay and Allowances, fund maintenance and Travelling Allowance/Daily Allowance activities in respect of DAD employees, defence industrial and non industrial employees. This system will also be implemented in all the offices. The development centre of this project is Delhi 2.12 DATA Imaging & management Solutions (DIMS)- in order to digitize the huge record maintained by PCDA (P), CDA (AF), PCDA (NAVY), CDA (PD) and CDA(F), record will be scanned, data will be captured from images to create databases.

PENSION SANCTION PROJECT

PROPOSED APPROACH •Real time processing on OLTP concept •Receive LPC-Cum-Data Sheet/all connected documents electronically from PAOs/HOOs/ CDA(O) duly checked and verified. •Responsibility of accuracy of data will rest on these agencies. •The data shall be validated through the system.- Onus of accuracy of input data would rest on PAOs/CDA (O)/HOOs •No hard copy of the data will be generated for manual checking. •Invalid data will be returned to the initiating agencies for rectification. •Valid data shall be processed, pensionary entitlements worked out and PPO generated. •PPOs shall be sent (hard/electronic copy) to ROs/HOOs/CDA(O) for checking its correctness and onward transmission to PDAs and other authorities. •Error PPOs will be rectified through Corrg. PPOs.

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•All revisions to be carried out by PCDA(P) only •Advantages: -Remove paper transaction -Reduce time taken for pension notification -Requirement of maintenance of manual documents not required – only office copy of PPO to be retained -Allows for online monitoring of claims/work processes at every stage – better MIS to Management/users -Manpower savings – for redeployment in other crucial areas like Audit . Constraints: -Legal sanctity of electronic data – Production of documents in Court cases -Rendition of clean data by all PAOs/CDA(O)/HOOs

AUDIT APPROACH

CREATION OF PENSIONERS’ PROFILE Defence Pensioner profile - Will provide information on pensioners i) General details (Name/RO/rank/Army No etc) ii) PPO details (Original PPO no/Categoy/Organization iii) Entitlement details (BP/CVP/GA/MA/Adhoc Ex gratia) iv) Disability pension details (DP/DE PPO no/Amount/Date upto/CAA) v) Family Pension details( Name/PPO no/Rate/Dates etc) vi) PDA details (Name/Paying & Link Br/Pension A/C no) vii) Special info (Reemployment status/Pension debit code/DCRG & CVP amount/Demands/ Recovery rate etc) Method adopted for creation of pensione's profile - Get PDAs to fill up information on prescribed electronic format - Capture details from PPS received in PCDA (P) by data entry Method for Audit - Use computerized masters as far as possible - Update changes from PDAs - After validation and updation Audit master would be ready - Receive pension payment schedule details electronically from PDAs - Run the same against Audit master to throw out exceptions to be reported to PDAs Advantages: - Build up database of all pensioners - Revive audit of regular payments by PDAs - Maintenance of Audit cards can be dispensed with - Generation of various MIS regarding pensioners Possible bottlenecks - Receiving regular change details from PDAs - Receipt of PPS electronically ACCOUNTING APPROACH

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•Proposed approach - Design and develop electronic formats for rendition of PPS/ vouchers and Debit/Credit advice by PDAs - Liaise with RBI/GAD/State Govt for instructing Banks/TOs to render data in the above format On receipt of Debit/credit advice from Banks/AG,reconcile advice with figures intimated by CAS, RBI for initial booking of expenditure (in suspense accounts) On receipt of PPS sort out amounts category/code-head wise for purpose of compilation - Automatic generation of PM after classification •Advantages: - Accurate and prompt compilation of expenditure - Manpower freed from such work •Possible bottlenecks Receipt of PPS/advice data electronically from PDAs. RBI and PSBs have been approached for the same.

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ANNEXURE “A”

ORGANISATION

FACTORIES FYS 01

ORDNANCE DEPOT AOC 02

MES ENG 03

AOC AOC 04

EME AOC 05

CAO MISC 06

MILITARY FARMS MISC 07

DGI MISC 08

R&D MISC 09

NAVY NAVY 10

AIR FORCE AF 11

GREF GREF 12

DAD DAD 13

MISCELLANEOUS MISC 14

PIONEER GREF 15

MNS (LOCAL) MISC 16

NCC (OFFICERS) MISC 17

COAST GUARD CGO 18

ARMY SUPPLY CORPS MISC 19

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ANNEXURE “B”

NATURE OF PENSION CODE

1. SUPERANNUATION PENSION “S”

2. SUPERANNUATION PENSION(EXTENDED CASES) “E”

3. SUPERANNUATION PENSION(LATE ENTRANT) “L”

4. RETIRING PENSION “R”

5. RETIRING PENSION(DECLARED SURPLUS) “Q”

6. RETIRING PENSION(VOL.RETT.UNDER F.R. 56 K) “K”

7. COMPULSORY RET. PENSION “C”

8. INVALID PENSION “I”

9. COMPENSATION PENSION “G”

10. VOLUNTARY RETT. PENSION “V”

11 PRO-RATA PENSION “P”

12. DISCIPLINARY PENSION CASES “D”

13. COMPASSIONATE ALLOWANCE “A”

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ANNEXURE “C”

113

ANNEXURE “D”

GALLANTRY AWARD CODE GALLANTARY. AWARD GALLANTRY CODE ASHOK CHAKRA A KIRTI CHAKRA K SHAURYA CHAKRA S

EACH BAR CODES FOR IST BAR ‘0’ FOR IIND BAR ‘1’ FOR IIIRD BAR ‘2’

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ANNEXURE “E”

PDA CODES PENSION DISBURSING AGENCIES CODE

DPDO 1

POST OFFICE 2

TREASURY 3

INDIAN EMBASSY NEPAL 4

PAO 5

DIRECTOR OF ACCOUNT PANAJI GOA 6

FINANCE SECRETARY GANGTOK 7

INDIAN EMBASSY, THIMPUR 8

PUBLIC SECTOR BANK 9

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ANNEXURE “F” DPDO CODES

D.P.D.O CODE D.P.D.O CODE

CHANDIGARH 1 KOTTAYAM 32 RED-FORT-1 DELHI 2 TRICHUR 33

RED-FORT-2 DELHI 3 TRIVENDRUM 34 BRAR SQUARE DELHI 4 QUILON 35

HYDERABAD 5 AMRITSAR 36 SECUNDERABAD 6 KAPURTHALA 37

PALAMPUR 7 BATALA 38

HAMIRPUR 8 LUDHIANA 39 DHARAMSALA 9 MOGA 40

YOL 10 JALANDHAR 41 MANDI 11 JAGRAON 42

SIMLA 12 PATIALA 43 KARNAL 13 BHATINDA 44

AMBALA 14 ROPAR 45

BHIWANI 15 HOSHIARPUR 46 JHAJHAR 16 FEROZEPUR 47

SONEPAT 17 SANGRUP 48 GURGOAN 18 PATHANKOT 49

ROHTAK 19 GURDASPUR 50 NARNAUL 20 JAIPUR 51

HISSAR 21 MADRAS 52

RIWARI 22 VELLORE 53 JAMMU (AKHNOOR ROAD) 23 MEERUT 54

KANPUR 55 JAMMU (SHASTRI NAGAR) 25 GORAKHPUR 56

UDHAMPUR 26 ALLAHABAD 57 SRINAGAR 27 CALCUTTA 58

RAJOURI 28 UNA 59

LEH 29 PATHANMATHITTA 60 BANGALORE 30 JHUNJHUNU 61

EARNAKULAM 31 DASUYA 62

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ANNEXURE “G”

CODES FOR STATE / UNION TERRITORIES / NEPAL

SL. NO. STATE CODE 1 ANDHARA PRADESH AP 2 ASSAM AS 3 BIHAR BI 4 GUJARAT GU 5 HARYANA HA 6 HIMANCHAL PRADESH HP 7 JAMMU & KASHMIR JK 8 KARNATAKA KA 9 KERALA KE 10 MADHYA PRADESH MP 11 MAHARASHTRA MA 12 MANIPUR MN 13 MEGHALAYA ME 14 NAGALAND NA 15 NEPAL NE 16 ORISSA OR 17 PUNJAB PB 18 RAJASTHAN RS 19 SIKKIM SK 20 TAMIL NADU TN 21 TRIPURA TR 22 UTTAR PRADESH UP 23 WEST BENGAL WB 24 GOA, DAMAN & DIU GD 25 ANDAMAN & NICOBAR ISLAND AN 26 ARUNACHAL PRADESH AR 27 DADAR & NAGAR HAVELI DN 28 CHANDIGARH CH 29 DELHI DE 30 LANKSHADWEEP LD 31 MIZORAM MZ 32 PONDICHERY PO 33 CHHATTIS GARH CG 34 JHARKHAND JR 35 UTTRAANCHAL UR 36 BHUTAN BH

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ANNEUXRE “H”

BANK CODES

SL. NO.

NAME OF BANK CODE

1. ALLAHABAD BANK ALB 2. BANK OF BARODA BOB

3. BANK OF INDIA BOI 4. BANK OF MAHARASHTRA BOM

5. CANARA BANK CNB 6. CENTAL BANK OF INDIA CBI

7. DENA BANK DEB

8. INDIAN BANK INB 9. INDIAN OVERSEAS BANK IOB

10. ORIENTAL BANK OF COMMERCE OBC 11. PUNJAB & SIND BANK PSB

12. PUNJAB NATIONAL BANK PNB 13. STATE BANK OF BIKANER & JAIPUR SBB 14. STATE BANK OF HYDERABAD SBH

15. STATE BANK OF INDIA SBI 16. STATE BANK OF INDORE SBD

17. STATE BANK OF MYSORE SBM 18. STATE BANK OF PATALA SBP

19. STATE BANK OF SAURASHTRA SBS 20. STATE BANK OF TRAVANCORE SBT

21. SYNDICATE BANK SYB

22. UNION BANK OF INDIA UBI 23. UNITED BANK OF INDIA UTI

24. UNITED COMMERCIAL BANK UCO 25. VIJAYA BANK VJB

26. CORPORATION BANK COB 27. ANDHRA BANK ANB

28. ICICI BANK ICI

29. IDBI BANK IDB 30. HDFC BANK HFD

31. UTI BANK UTB

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ANNEUXRE “I”

RATES OF DEARNESS/INTERIM RELIEF

DATE UPTO 1750 1750-3000 SUBJECT TO MIN.

EXCEEDING RS.3000/-

SUBJECT TO MIN.

1.7.86 4% 3% 70 2% 90

1.1.87 8% 6% 140 5% 180

1.7.87 13% 9% 228 8% 270

1.1.88 18% 13% 315 11% 391

1.7.88 23% 17% 403 15% 510

1.1.89 29% 22% 508 19% 660

1.7.89 34% 25% 595 22% 750

1.1.90 38% 28% 665 25% 840

1.7.90 43% 32% 753 28% 960

1.1.91 51% 38% 893 33% 1140

1.7.91 60% 45% 1050 39% 1350

1.1.92 71% 53% 1243 46% 1590

1.7.92 83% 62% 1453 54% 1860

1.1.93 92% 69% 1610 59% 2070

1.7.93 97% 73% 1698 63% 2190

1.1.94 104% 78% 1820 67% 2340

1.7.94 114% 85% 1995 74% 2550

1.1.95 125% 94% 2188 81% 2820

1.7.95 136% 102% 2380 88% 3060

1.1.96 148% 111% 2590 96% 3330

1.7.96 159% 119% 2783 103% 3570

1.1.97 170% 128% 2975 110% 3840

Interim Relief to Central Government pensioners/family pensioners.

(i) At the rate of Rs.50/- p.m. with effect from 1.4.95. (ii) At the rate of 10% of Basic Pension/ Family Pension subject to a minimum

of Rs. 50/- p.m. with effect from 1.4.95. (iii) At the rate of 10% of the Basic Pension/Family Pension subject to a

minimum of Rs. 100/- p.m. with effect from 1.4.96.

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RATES OF DEARNESS/INTERIM RELIEF

01.07.1996 4%

01.01.1997 8%

01.07.1997 13%

01.01.1998 16%

01.07.1998 22%

01.1.01999 32%

01.07.1999 37%

01.01.2000 38%

01.07.2000 41%

01.01.2001 43%

01.07.2001 45%

01.01.2002 49%

01.07.2002 52%

01.01.2003 55%

01.07.2003 59%

01.01.2004 61%

01.04.2004 11%

01.07.2004 14%

01.01.2005 17%

01.07.2005 21%

01.01.2006 NIL

01.07.2006 2% 01.01.2007 6% 01.07.2007 9% 01.01.2008 12% 01.07.2008 16%

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ANNEUXRE “J ” PART- ‘A’

EXAMPLES OF PENSION CALCULATION UNDER V th CPC

DEFENCE CIVILIANS

1. CALCULATION OF PENSION

(a) Date Of Retirement 31.08.2004(AN) (b) Qualifying Service 31 ½ YEARS. Emoluments Drawn

PERIOD BASIC PAY D.P. EMOLUMENTS(TOTALS) 01.11.03 TO 31.03.04 9500 4750 14250 01.04.04 TO 31.08.04 9700 4850 14550

(c) Average Emoluments (01.11.2003 TO 31.08.2004) ( 14250 * 5 + 14550 * 5)/10= 14400/- (d) Pension For Maximum Qualifying Service Of 33 Years. 50% of average emoluments 14400 * 50 / 100 = 7200/- PM (e) Pension For 31 ½ Years Of Qualifying Service. 7200 * 31½ / 33 = 6872.73/- rounded off to 6873/- p.m. (f) In addition to pension of rs. 6873/- w.e.f. 01.09.2004 dearness relief is also admissible @ 14%.

2. CALCULATION RETIREMENT GRATUITY (a) Last Pay RS 9700/- Dearness Pay = RS. 4850/- (b) DA 14% of (Last Pay+ Dearness Pay=Rs. 2037/-) (c) Emolument For Retirement Gratuity

Last Pay Dearness Pay D.A. EMOLUMENTS(TOTAL) 9700 4850 2037 16587

(d) Gratuity for 33 years qualifigying service or more. 16587 * ¼ * 66=273686/- (e) Gratuity for 31 ½ years of qualifying service. 16587 * ¼ * 63 = 261246/-

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3. CALCULATION – DEATH GRATUITY (a) Last Basic Pay RS. 9700/- Dearness Pay = RS. 4850/- (b) DA 14% OF (Last Pay + Dearness Pay = RS. 2037/-) (c) Emolument For Death Gratutiy

LAST PAY DEARNESS PAY D.A. EMOLUMENTS(TOTAL) 9700 4850 2037 16587

(d) Rate of death gratuity for the service of 20 years or more is half of the emoluments for every completed six monthly period of service subject to a maximum of 33 times of emoluments or 3.5 lakhs which ever is less. For the length of service less than 20 years rate of death gratuity is as under:-

(e) SL. NO.

LENGTH OF SERVICE RATE OF DEATH GRATUITY

1 Less than one year 2 Times Of Emoluments 2. One year or more but less than 5 years 6 Times Of Emoluments 3. 5 years or more but less than 20 years 12 Times Of Eomoluments

(f) Thus death gratuity for emoluments Rs. 16587/- will be:- (g) 33 Years Qualifying Service 16587 x ½ *x66 = 547371/- Restricted To Maximum RS. 3,50,000/- (h) 2 Years Qualifying Service 16587 x 6 = 99522/- 4. CALCULATION FOR FAMILY PENSION (a) Date Of Birth 06.01.1946 (b) Date Of Death While In Service 31.05.2004 (c) Last Basic Pay Drawn 9700/-p.m. (d) Dearness Pay 4850/-p.m. (e) FAMILY PENSION:

(I) NORMAL RATE 30% OF )Last Basic Pay Drawn + Dearness Pay) ( 9700+4850) * 30 / 100 = 4365/- p.m.)

(II) ENHANCED RATE Twice of the normal rate or 50% of (Basic Pay Last Drawn + Dearness Pay), which ever is less 4365 * 2 = 8730/- OR (9700+4850) * 50/100 = 7275/- Thus Rs. 7275/- p.m. w.e.f. 01.06.2004 Dearness relief will be admissible on family pension.

122

5. COMMUTATION OF PENSION FORMULA :- AMOUNT TO BE COMMUTED x PURCHASE VALUE x 12 .

Commutation value for different ages is given in a table under the CCS (Commutation of Pension) Rules.

A government servant retires with a pension of Rs. 2786/-, the maximum amount that he can commute is 40% of his pension i.e. Rs. 1114/- ignoring the balance which is in fraction, the commutation amount will be as follows according to age next birthday.

AGE NEXT BIRTHDAY

COMMUTATION VALUE

CALCULATION COMMUTED AMOUNT

59 10.46 1114x10.46x12 Rs.1,39,830 60 10.13 1114x10.13x12 Rs.1,35,418 61 09.81 1114x9.81x12 Rs.1,31,141

6. Revision of Pension.

The family pension in respect of Government servant/pensioner who died prior to 01.01.86 should be updated as per O.M., dated 10.02.1998, etc. The proceudre will be follows:-

a. The pay of the deceased Government servant/pensioner should be notionally fixed on 01.01.1986 as per CCS(RP) Rules 1986.

b. Family pension should be notionallly revised as per IVth CPC. c. The family pension thus revised should be updated on

01.01.1996 as per Vth CPC.

SAMPLE CALCULATIONS ARE AS FOLLOWS:

7. (a) Notionally fixing pension on 01.01.1986 as per CCS(RP)Rules, 1986.

(i) Date of death of Government servant while in

service 22.12.1984

(ii) Pay drawn in the scale of Rs. 1500-2500 Rs.2250 (iii) Notional fixation of pay on 01.01.1986 in the

scale of Rs. 4500-5700 Rs.5250

(iv) Family Pension at 15% on the notional pay of Rs.5250

Rs.788

(v) Consolidated family pension on 01.01.1986 Rs.2400 (vi) Family pension at 30% of Rs. 5250 Rs.1575 (vii) Difference (to be added to family pension at (v)) Rs.1575-788

Rs.787 (viii) Revised family pension on 01.01.1996 Rs.2400 + 787

Rs.3187

123

(ix) Revised pay scale as per V CPC Rs. 14300-18300 (x) 30% of minimum of the revised pay scale at (ix)

above Rs. 4290

(xi) Family pension admissible from 01.01.96 will be Rs.4290 p.m.

(a) Notionally revising Family pension as per IVth CPC: The deails are as under:-

(i) Date of Birth 08.11.1935

(ii) Date of Appointment 14.03.1958

(iii) Date of Retirement 30.11.1993

(iv) Pension fixed from 01.12.1993 Rs.2598(50% of Rs. 5196)

(v) Scale of pay on the date of retirement Rs. 3700-5600

(vi) Family Pension Rs.795

(vii) Enhanced Family Pension Rs.1590

(viii) Date of Death 05.05.1998

(ix) Revised Scale of pay from 1.1.96 Rs.12000-18400

(x) Revised consolidated pension from 01.01.1996

Rs.6832

(xi) Revised Family Pension from 01.01.96

Rs.2420

(xii) Revised Enhanced Family Pension Rs.4789

(xiii) Family Pension revised as per O.M.

Dated 18.12.1998

Rs.3600 i.e. 30% minimum

In the scale of Rs. 12000-18400 (C)Calcualtion of Family Pension as per OM dated 22.06.1999 as shown below:- (i) Date of retirement 30.11.1993

(ii) Scale of Pay Rs.3700-5600

(iii) Pay last drawn Rs. 5300

(iv) Family pension admissible at the rate in force Rs. 795

(v)

(vi)

Enhanced family pension

(before 01.01.1996)

Pension authorized from 1.12.93

Consolidated pension as on 1.1.96

Rs.1590

Rs. 2598

Rs.6832

(vii) Consolidated Family Penison

(in terms of O.M. dated 27.10.97)

124

(a) Normal rate

(b) Consolidated enhanced family pension

Rs. 2420

Rs. 4789

(viii) (a) Family Pension admissible @ 30% of

pay at (iii) above

(b) Enhanced Family Pension

Rs. 1590

Rs. 2598(limiting to the pension drawn)

(ix) (a) Additional Family Pension admissible on 1.1.96

(b) Enhanced additonal Family Pension

Rs.1590-795=795

Rs.2598-1590=1008

(x) (a) Total family pension admissible (normal rate) on 1.1.1996.

(b) Total enhanced family pension on 1.1.1996

Total Enhanced family pension (in view of the provisons of O.M. No.45/10/98-P&PW(A) dated 17.12.1998.

Rs. 2420+795=3215

Rs.4789+1008=5797

Rs.6000

(50% of minimum of the revised equivalent scale i.e Rs.12000-18400 or revised pension as on 1.1.96of the pensioner whichever is less)

125

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130

ANNEXURE “K ”

QUESTION BANK

Q. 1. Whether individual is entitled for leave encashment after retirement. Ans. The benefit of encashment of leave salary is not a part of the retirement

benefits admissible under Central Civil Services (Pension) Rules, 1972. It is payable in terms of CCS (Leave)Rules which will continue to be applicable to the government servants who join the government service on after 01.01.2004. therefore, the benefit of encashment of leave salary payable to the governments / to their families on account of retirement / death will be admissible.

Q. 2. Whether retirement gratuity is available to the new entrants. Ans. The matter has been taken up with the Ministry of Finance, Department of

Economic Affairs. Reply is awaited. Q. 3. At exit i.e. after age 60 years why 40% of pension wealth to purchase the

annuity is mandatory. Ans. This provision is a part of the New Pension Scheme. This provision has been

made with an intention that the retired government servant should get regular monthly income during their retired life.

Q. 4. What benefits will he/she get in the event of death in service. Ans. The matter has been referred to Min. of Fin, DEA. Their clarification is still

awaited. Q. 5. Whether any minimum age or minimum service is required to quit from Tier– I. Ans. Exit from Tier – I can only take place when an individual leaves government

service. Q. 6. Whether Dearness Pay is counted as basic pay for recovery of 10% for tier-I. Ans. As per the scheme the total Dearness Allowance is to be taken into account

for working out the contributions. Subsequently, a part of the “Dearness Allowance” has been treated as Dearness Pay. Therefore, this should also be reckoned for the purpose of contributions.

Q. 7. When individual is on long leave/HPL/EOL how the contributions are to be

recovered. Ans. This has already been referred to Min of Finance. Department of Economic

Affairs. Their reply is awaited. Q. 8. Whether contribution towards tier-I is taken as income for the purpose of

calculation of Income Tax or it will be exempted. Ans. It will be exempted. Q. 9. Whether contribution towards Tier-I from arrears of DA is to be deducted. Ans. Yes, since the contribution is to be worked out at 10% of Pay+DP+DA it

needs to be revised whenever there is any change in these elements.

131

Q. 10. Whether any budget provision is to be made for booking the Government

contribution under the Functional Major Head. Ans. At present the Govt. matching contributions are booked under the minor head

‘502–EAT’ which is a transitory heard. No budget provision is required. Before the accounts are close, the balances under this head should be transferred to the final head. No balance should remain under this head. After the accounting heads are finalized the amount of government contribution should be debited to a functional major head for which there should be provision of funds.

Q. 11. Can any individual continue to contribute under tier-I even after the age of 60

years? Ans. The matter has been referred to DEA for clarification. Q. 12. What will be the formula for rounding off when 10% of (Basic+DA) will be

recovered from the salary of the Government Servant? Ans. The contributions payable by the government servants and those paid by the

government should be rounded off to the nearest rupee in terms of the instructions contained in Appendix – II of Central Government Accounts (Receipt & Payment) Rules, 1983.

Q. 13. For the purpose of simplification basic pay plus DA may be taken as fixed for

the entire year. This would obviate the need for calculation of Da arrears twice in a year and increment once and consequent preparation of supplementary bills.

Ans. The issue was examined by this office and it was not agreed to. It has been decided that whenever there is any increase or decrease in emoluments of a government servant during the middle of a month, the change in the rate of contribution (both government servant and government) will be given effect only from the first of the following month.

Q. 14. Who will calculate the interest-PAO or Central Pension Accounting Office. Ans. The PAO should calculate the interest. Q. 15. Since cheque drawing DDOs are having the budget with them how the PAO

will pass the bill and give payment without budget. Ans. The PAOs should be aware of the progressive expenditure in respect of

CDDOs. Moreover, they may obtain a certificate with regard to availability of funds on each bill itself.

Q. 16. Instead of preparing a separate bill for the matching contribution the feasibility

of incorporating a separate column regarding government’s contribution in the same bill may be explored.

Ans. Since the contribution payable by the government servants and the matching contributions paid by the government are debitable to different heads, these two items cannot be drawn in the same bill.

Q. 17. Whether the New Pension Scheme is applicable for the officials initially

appointed on daily wages and later on conferred ‘temporary status’ and contributing towards GPF and whose services are regularized on or after

132

01.01.2004. Ans. The matter is being referred to DOPT. Q. 18. What happens if an employee gets transferred during the month? Which office

will make deduction of contributions? Ans. As in the case of other recoveries, the recovery of contributions towards NPS

for the full month (both individual and governments) will be made by the office who will draw salary for the maximum period.

Q. 19. Whether the non-practicing allowance (NPA) payable to medical officers will

count towards ‘pay’ for the purpose of working out contributions to NPS? Ans. Yes. Ministry of Health & Family Welfare has clarified vide their OM No.

A45012/11/97-CHS.V dated 7.4.98 that the Non practicing Allowance shall count as ‘pay’ for all service benefits. Therefore, this will be taken into account for working out the contributions towards the New Pension Scheme.

Q. 20. Whether a government servant who was already in service prior to 1.1.2004, if

appointed in a different post under the government of India will be governed by the CCS(P) Rules or New Pension Scheme.

Ans. In cases where government servants apply for posts in the same or other departments and on selection they are asked to render technical resignation the past services are counted towards pension under CCS (Pension) Rules, 1972. Since the government servant has originally joined government service prior to 1.1.2004, he should be covered under the CCS(Pension) Rules, 1972.

133

OBJECTIVE QUESTIONS Options have been given under questions. Put symbol (�) against the correct answer / options. 21.Invalid pension will not be less than – (i)Enhanced rate of family pension (ii)Normal Rate of family pension 22. D. A. drawn on the date of retirement will be treated as part of emolument for working out – (i)Pension on voluntary retirement.. (ii)Family Pension (iii)Retirement/Death Gratuity 23.The maximum amount of gratuity admissible to a Defence Civilian employee, whose date of commencement of pension is 1/1/1996, will be – (i)Rs. 2,50,000.00 (ii)Rs. 3,50,000.00 24.A Defence Civilians has retired with less than 10 years service. Terminal benefits will be authorized for payment by – (i) PCDA (Pensions) Allahabad on the basis of Data Sheet. (ii)Pay Audit Controller Concerned. 25.Dearness Relief is payable – (i) On family pension / pension. (ii) On pay. 26.Can an employee having service of 19 yrs 9 months of QS be permitted to go on voluntary retirement after rounding off? (i)Yes. (ii)NO. 27.Enhanced rate of family pension can be – (i)Less than normal rate of family pension. (ii)Equal to normal rate of family pension. (iii)Greater than pension on retirement.

28.Superannuation Pension can be less than normal rate of family pension – (i)Yes. (ii)No.

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29.Last Emoluments and Average emoluments are same i.e. Rs. 10325/-. Superannuation pension is Rs. 5163/-. Enhanced rate of family pension will be - (i)Rs. 5163/-. (ii)Rs. 5162/-. 30.A Defence civilian invalided out of service after rendering of 15 years Qualifying Service. Whether his authorized pension can be less than normal rate of family pension? (i)NO. (ii)YES. 31.The date of birth of a Govt. servant is 01-07-1946. He will retire on superannuation on – (i)31-07-2006. (ii)30-06-2006. 32. A Govt. servant has expired on 05-06-1997. He has left behind only his Dependent Father. Family pension will be payable to his father – (i)w.e.f. 06-06-1997. (ii)w.e.f. 01-01-1998. 33.A Govt. servant has expired after rendering 8 years continuous service having 1 years and 8 months Non Qualifying service. His widow is eligible for – (i)Enhanced and normal rate of family pension. (ii)Enhanced rate of family pension. (iii)Normal rate of family pension. 34. In case of a Govt. servant who is reported missing, his service will be counted upto: (i)Date of FIR. (ii)Date of missing. (iii)Last date of duty. 35.A Defence civilian compulsorily retired due to major penalty had applied for commutation of pension. Can he be permitted to commute his pension without Medical Board? (i)NO. (ii)YES. 36.Who will sanction payment of interest on delayed payment of gratuity? (i)HOO (ii)HOD (iii)Secretary of Ministry or Deptt.

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(iv)P&PW

37.When re-employed military pensioner should exercise option for counting of former service –

(i) Within one year from date of appointment (ii)Within three months from the date of confirmation

38.What is minimum qualifying service for grant of retirement gratuity –

(i)3 years (ii)10 years (iii)5 years (iv)2 years 39.Who is competent authority to accept the voluntary retirement under rule 48-A of CCS(P) Rules, 1972

(i)HOO (ii)HOD (iii)Ministry (iv)Appointing authority 40. When pension will become payable:- (i)From the date of retirement (ii)From the date following the date of retirement (iii)From the date on which a govt. servant ceases to be borne on the establishment. 41.What is the maximum limit of qualifying service counted for pensionary benefits?

(i)34 years (ii)33 years (iii)35 years (iv)30 years 42.When an employee is missing; from which date his family will be entitled for provisional family pension? (i)From the date of missing (ii)From the date of FIR (iii)After one year from the date of missing (iv)After one year from the date of FIR 43.An employee is declared surplus; which type of pension will be admissible? (i)Invalid Pension (ii)Compensation pension (iii)Compulsory Retirement Pension (iv)Retiring Pension 44. Who will authorize the payment of provisional family pension?

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(i) PCDA (P) (ii) CDA/AAO (iii) HOO (iv) HOD

45. Who is competent authority to accept the notice of voluntary retirement in respect of group ‘A’ officer who is involved in disciplinary case at that time? (i) HOD (ii) HOO (iii) Minister in charge (iv) PCDA (P) ANSWER

Question No. Answer

Question No. Answer

21 ii 34 ii 22 iii 35 i 23 i 36 ii 24 ii 37 i 25 i 38 iii 26 ii 39 iv 27 ii 40 ii 28 i 41 ii 29 ii 42 iv 30 i 43 ii 31 ii 44 iii 32 ii 45 i 33 i

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QUESTIONS ON LEGAL CASES -

46 .What does SLP stands for? (i)Special Last Petition (ii)Short Listed Petition (iii)Special Leave Petition (iv)None 47 .What is the limitation period for filing an appeal in Supreme Court? (i) 30 days (ii) 60 days (iii) 90 days (iv)120 days 48 .“Without going into the merits of the case respondent are directed to reconsider the representation of the petitioner and settle his grievance in accordance with law”. Above statements is - (i)An order (ii)Judgement (iii)Both (iv)None 49.Can a writ be filed without service of legal notice? (i)Yes (ii)No (iii)Can t̀ say (iv)Impossible 50.After how many days of the service of legal notice a suit can be filed? (i)30 days (ii)60 days (iii)90 days (iv)120 days 51.What remedy is available against the judgement of CAT? (i)Fresh writ in High Court (ii)Appeal in High Court (iii)Appeal in Supreme Court (iv)None 52.RSA stands for – (i) Revised Special appeal (ii)Review special appeal

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(iii)Regular special appeal (iv)Regular second appeal 53.Appeal against the Judgement of single bench of High Court lie in – (i)Supreme Court (ii)High Court (iii)Division Bench of the same High Court (iv)Division Bench of the some other High Court 54. Which one can’t be filed in Supreme Court or High Court? (i)Counter affidavit (ii)Rejoinder affidavit (iii)Written statement (iv)All 55.Which one is not used in a High court? (i) OJC (ii) WP (iii) WA (iv) MA ANSWERS –

Question No. Answer

Question No. Answer

46 iii 51 i 47 iii 52 iv 48 i 53 iii 49 i 54 iii 50 ii 55 iv

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QUESTIONS ON NEW PENSION SCHEME

56. What is the effective date for operationalisation of New Pension Scheme? a. 22.12.2003 b. 01.01.2004 c. 01.07.2004 d. 01.01.2005 A 01.01.2004 (b) 57. At which rate monthly contribution is deducted towards CPF from the

individuals BP,DP,DA and NPA? a. 5% b. 6% c. 8% d. 10% A. 10%(d) 58. How many tiers has the New Pension Scheme? a. 01 b. 02 c. 03 d. 04 A 02(b) 59. Is the GPF Scheme available for the Central Govt. employees appointed on or

after 01.01.2004? a. YES b. No A. No.(b) 60. How many digits have the permanent account number alloted to a employee

covered under NPS? a. 10 b. 12 c. 14 d. 16 A. 16.(d) 61. At which rate of the pension wealth has to be invested by an employee if he

desires to exit from the scheme prior to the age of 60 years? a. 40% b. 60% c. 70% d. 80% A. 80%(d) 62. From which month the recoveries towards Tier-I contribution of NPS will start? From joining of the month in govt. service From following of the month joined the govt. service After two month of the joining in govt. service. A. From following of the month joined the govt. service (b) 63. Whether contribution Tier-I is taken as income for the purpose of calculation of Income Tax or it will be exempted? a. YES b. No. A. YES(a)

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64. Is the NPS applicable in respect of govt. servant who was already in govt. service prior to 01.01.2004 and subsequently appointed in a different post after 01.01.2004? a. YES b. No. A. No.(b) 65. What does the first four digit of PPAN stand for? a. Year of the joining b. Section code of pay accounts office

c. Running serial number of the employee. A. Year of the joining (a) 66. A clerk died after completion of 14 years 9 months service, the widow of the

deceased will receive the death gratuity – a. 2 times of the emoluments b. 6 times of the emoluments c. 12 times of the emoluments d. 15times of the emoluments A. C. 12 times of the emoluments

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ANNEXURE “L”

CASE STUDIES Case 1: A Defence Civilian employee retired on superannuation on 31.05.2005 (AN). H.O.O. worked out his qualifying service as 32 years 3 months ignoring his EOL period of 6 months without Medical Certificate. His pension was sanctioned based on 32 ½ years qualifying service. He represented to H.O.O. that his pension should have been calculated on the basis of 33 years of qualifying service taking in to account EOL period of 6 months. His plea was that the entry regarding EOL period being qualifying or otherwise has not been made in the service book. H.O.O. submitted this case alongwith service book to the PCDA(P) for consideration. The case was examined in the light of G.I., M.F. OM No. F 11 (3)-E. V(A)/76 dated 28.02.1976, according to which all spell of EOL not covered by specific entries of non qualifying service will be deemed to be qualifying service. Accordingly, PCDA (P) advised H.O.O. for preparation of fresh calculation sheet based on 33 years qualifying service (i.e. 32 years 3 months + 6 months EOL period = 32 years 9 months i.e. 33 years.). Case 2: A Defence Civilian pensioner died left behind only mentally retarded son. He had nominated his younger brother to draw the family pension on behalf of his mentally retarded son after his death and furnished the nomination to H.O.O. for keeping in its record. His brother approached the H.O.O. for family pension but H.O.O. disallowed to his request and asked him to produced legal guardianship certificate for grant of family pension. The brother of deceased employee represented to the O/O the PCDA (P) for grant of family pension based on such nomination. The case was examined by the O/O the PCDA(P) and directed to submit the family pension claim in favour of mentally retarded son in the light of proviso (VI) to rule 54(6) of CCS(P) Rule 1972. According to existing rules in the case of mentally retarded son / daughter, the family pension shall be payable to a person nominated by the Govt. servant or the pensioner. Case 3: In a case of doubt, HOO asked as under:- “Whether a Govt. employee who has completed 19 years 9 months service can give 3 months’ notice for voluntary retirement or he will have to wait for full 20 years’ service to give another three months’ notice to retire under rule – 48-A of CCS(P) Rules, 1972” The reply was as under:- “Notice of voluntary retirement can be given at any time. The only condition is that, the intended date of retirement should be after a qualifying service of 20 years”.

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Case 4: HOO requested to clarify “Whether a Govt. servant is eligible for pensionary

benefits if he opts for voluntary retirement as on 5.8.2003 after completing 15 years and 2 months service. The fact of the case is as under:- He is a re-employed Ex-serviceman. His date of birth is 5.8.1948, He re-employed from 29.11.89, Date of superannuation is 31.8.2008 Clarification:- Since he had attained the age of 55 years on 5.8.2003, he was eligible to go on voluntary retirement with proportionate pensionary benefits for 15 years.

Case 5: A Govt. servant of GREF Organisation, retired on 30.6.2004 prematurely was on punishment under Rule –11 of CCS(CCA) Rules, 1965. He was awarded the punishment of withholding of increment for five years without cumulative effect. During the punishment period, the individual was drawing a Basic pay of Rs. 3580/-p.m.. Period of punishment was revoked from April-2004 and according all increments have been granted to him and reached a Basic Pay of Rs. 4000/- pm. GREF unit asked whether last ten months average emoluments for pension be calculated as per new pay of Rs. 4000/- or actual pay drawn at Rs. 3580/-.

This was clarified that as per rule 33 of CCS(P) Rules, the last ten months emoluments should be calculated as under:-

From Sept 2003 to March’2004 – the pay actually drawn, i.e. Rs. 3580/- + D.P. Rs. 1790/- and from April’2004 to June’2004-Rs. 4000/- + D.P. Rs. 2000/-.

Case 6:

An employee of Defence Civil organization died while in service as a bachelor. As per existing Govt. order, Dependant parents, who are wholly dependant on the employee, have been included in the definition of family for the purpose of family pension. In the present case, the father (who had also died) got married after death of original mother of deceased employee. The step mother has now applied for sanction of family pension.

Clarification:- The step mother, who married the father of deceased Govt. servant is not coming under the ‘Family”. Therefore, the step mother is not entitled for family pension.

Case 7: A Defence Civilian retired on 31.3.2004 and received all pensionary benefits in April’2004. After some time, Audit authority pointed out that the was excess grant of 114 days of HPL in leave account resulting in excess payment of Rs. 20087/-. HOO submitted a data sheet showing the above amount in demand column and requested to issue a Corr PPO for recovery from dearness relief. But PCDA(P) returned such papers stating that recovery in the instant case is irregular.

Any Govt. dues other than arrears of license fee can not be recovered from

the dearness relief. If there are any other Govt. dues including overpayment of leave salary etc, Govt. can take action only through the court of law for its recovery.

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ANNEXURE ‘ M’

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145

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147

FLOW CHART FOR PROCESSING OF CIVIL PENSION CLAIM

DATA ENTRY AND GENERATION OF EDIT LIST FOR ALL DATA SHEETS THROUGH VALIDATION PROGRAM

ON RECEIPT OF EDIT LIST, 100% COMPARISON OF THE SAME WRT DATA SHEETS AND PROPOSING OF CORRECTIONS, IF ANY

I-O GROUP

EDP CENTRE

HEAD OF OFFICE AUDIT OFFICE ‘R’ SEC. PCDA(P) ALLD

AUDIT OF CLAIMS, PREPARATION OF BATCHES & FORWARDING TO E.D.P. CENTRE

I-O GROUP

G1 CIVIL SECTION

REJECTED CLAIM

ON RECEIPT OF UPDATION LIST AND EDIT LIST, 100% COMPARISON OF THE UPDATION LIST WRT PROPOSED CORRECTIONS, CHECKING OF EDIT LIST (INVALID CASES) AND PROPOSING CORRECTIONS, IF NECESSARY

DATA ENTRY OF CORRECTIONS PROPOSED AND GENERATION OF UPDATION LIST AND EDIT LIST FOR INVALID CASES.

I-O GROUP

EDP CENTRE

I-O GROUP

RENDITION OF PPO PRINTING ORDER TO EDP CENTRE FOR GENERATION OF PPOS.

1- GENERATION OF PPOS, MEMOS, DPDO DATA FILE FOR UPDATION OF MASTER

OF NPDS AND OUT-PUT FILE.

2- GENERATION PDA LIST AND NOMONAL ROLL

DESPATCH OF PPOS HEAD OF OFFICE P.D.As.

I-O GROUP

ANNEXURE ‘N’

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ATTENTION In case of any problem pertaining to this office, please write to:

Public Grievances Officer

Office of the Principal C.D.A. (Pensions), Draupadi Ghat, Allahabad: 211 014(U.P.) Phone Nos. : 0532-2421877, 2421879, 2421880, 2422555, 2421110 Fax No. : 0532-2624053, 2621549, 2420330 2420281, 2624875, 22421869, 2423549 E-mail : [email protected] Website : http://pcdapension.nic.in

With the following details:-

(i) Your name, rank, regimental No. and Record Office/H.O.O. from where you retired.

(ii) P.P.O. No. and date under which pension was granted in your favour.

(iii) Name of the PDA/Bank & Branch from where you are drawing your pension with Saving Bank/Current Account No.

(iv) TS/PS/HO No. allotted to you (in case of DPDOs/Treasuries/Post Offices and PAOs.