Be Careful of Wrong Advice
Here is the clarification by MoD/DESW on the Circular No. 547 obtained by Petty Officer (retd) S K Singh. You may contact him for authenticity.
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No. 1 (4)/2015 – D (Pen/Pol)
Ministry of Defence
Department of Ex-servicemen Welfare
Dated: 24th September 2015
Petty Officer (retd) S K Singh
Subject: Revision of pension: MoD letter dated 3.9.2015
I am directed to refer to email dated 4th September 2015 addressed to Hon’ble RRM regarding MoD letter dated 3/9/2015 issued in implementation of DoP&PW OM dated 30.7.2015 regarding benefit of fitment table in revision of pension with effect from 1.1.2006 instead of 24.9.2012 in placed opposite for kind perusal please.
2. It has been decided that with effect from 01.01.2006 pension/family pension for Pre-2006 JCOs/ORs Pensioners/Family Pensioners shall be determined as fifty and thirty percent respectively of the minimum of the fitment table for the Rank in the revised Pay Band as indicated under fitment tables annexed with 1/S/2008 and equivalent instructions for Navy and Air Force, plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/invalided out/died including Military Service Pay and X group pay.
3. However, in case, the consolidated pension/family pension calculated as per Para 4.1. of this Ministry’s letter No. 17 (4)/2008(1)/D(Pen/Pol) dated 11.11.2008 is higher than the pension/family pension calculated in the manner indicated above, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension. Further, where revised pension in terms of GoI, MoD letter No. PC-10(1)/2009-D (Pen/Pol) dated 08.03.2010 and No. 1 (13)/2013/D (Pen/Policy) dated 17.01.2013 is higher than the rate indicated in annexure attached with letter dated 3.9.2015 then the same will continue to be treated as basic pension/family pension from 1.07.2009 and 24.09.2012 respectively.
4. Accordingly, revised tables indicating minimum guaranteed pension/Ordinary Family Pension has been annexed as Annexure –A (Army pensioners), Annexure-B (Air Force pensioners) and Annexure –C (Navy pensioners) to MoD letter dated 3.9.2015.
5. In view of the above, pre-2006 JCO/ORs pensioner/family pension as indicated in the table w.e.f 1.1.2006 or as per MoD letter dated 11.11.2008 or from 1.7.2009 (only pensioner and not family pensioners) as per MoD letter dated 8.3.2010 or w.e.f 24.9.2012 as per MoD letters dated 17.1.2013 in respect of pensioners/family pensioner of JCO/ORs whichever is more beneficial (emphasis supplied).
Under Secretary (Pen/Policy)
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Dear Cdr Chandrashekhar and Gp Capt CRR Sastry Garu,
I chanced upon Circular 01 of PCDA (Pensions) Allahabad. Pl read the letter of Min of Def enclosed there. The pension of pre-1996 Maj Gens has to be fixed same as post - 1996 Maj Gens.
The principle of pension fixation of Maj Gen equally applies to all ranks. We must advice our Advocate in AFT to produce this document to AFT and simply pray that the method of pension fixation carried our for Maj Gens be carried out for Lt Cols to Brig. Min of Def letter is very crystal clear.
From Brig S Vidyasagar
Dear Brig Vidyasagar,
I quote an extract of an opinion from another legal expert who has always been very out spoken person to an extent that most of the times he gets on the wrong side of people. I admire him primarily for this quality of being forthright in expression of his views.
"The reason and start point for this case and this circular was that the minimum of pay of a Brig incl rank pay (19100) was more than that of a Maj Gen (18400). The entire judgement in the case of Maj Gen Vains, of HC and then upheld by SC, revolves around that aspect. I don't know how people are claiming its applicability on other ranks without reading through the decision of the Punjab and Haryana High court and then the SC."
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