Saturday, 12 November 2022

Simple, Legal Method

 

Simple, Legal Method

 

Make everything as simple as possible, not simpler

- Albert Einstein

 

1. Pensioners have been reminded to check and correct the name and DoB of entitled Family Pensioner spouse/NoK/dependents because Family pension may not be remitted if the name in the Bank account does not tally with the name of Family pensioner in the PPO of the Pensioner. The audience was also reminded that there are SOPs for retired Officers and PBoR detailing the procedure and list of documents required for effecting correction/change.

 

2. A preliminary check of personal documents will reveal that name of the spouse in the PPO and ECHS card match the name in the Certificate of Service though they may be different in the Aadhaar, PAN and joint pension account in the bank. Therefore, the SoP was perused and it was found that it entailed the following procedure for Change/Correction of Name of Spouse through the SOP obtaining, sequentially

 

(i) An affidavit on non-judicial stamp paper (amount not specified) signed by the spouse/prospective family pensioner as Deponent, sworn in/administered by a Judicial Magistrate First Class (wrongly termed 1st Class Magistrate),

(ii) Original copies of an advertisement in national newspaper intimating the corrected name with name & designation of entity who administered the affidavit (this is required by the newspaper along with a self-attested copy of the affidavit),

(iii) Certificate in triplicate of Bank pension account details from PDA/Bank signed by the Manager,

(iv) Photocopy in triplicate of first page of the Bank pension account passbook countersigned by the Manager

(v) Self-attested by spouse photocopies of existing Aadhaar and PAN Cards,

(vi) Pensioner attested copy of PPO/e-PPO

(vii) Pensioner attested copy of Discharge Book for PBoR/Certificate of Service for Officers

(viii) Spouse of Pensioner signed self-declaration countersigned by Officer of ZSB or Office bearer of AFA,

(ix) Personal application to DAV enclosing all documents

 

Next Steps by DAV/Air HQ/PSA

 DAV would in turn approach Air HQ Dte of Personnel (O) PO2 to amend the name of spouse in the Discharge certificate, who would forward it through DAV to PSA for issue of a Corr PPO and this procedure would ensure pension for the Family Pensioner when one pre-deceases her/them.

 

Only problem is that the above SOP is not as per any MoD/DESW policy as admitted by Air HQ on 29 Sep 22 and again on 28 Oct 22. There is a MoD/DESW policy letter on change/correction of DoB of spouse/NoK, reference number of which and a link is given at the end of this article.

 

3. To make the procedure for Post-Retirement changes for family pensioners simpler, less humiliating and inexpensive as compared to following the SOP, relevant documents available in the portals/websites of various Ministries of Govt of India were referred to. To get the whole picture, through RTI Act, 2005, file noting of the relevant file wherein DAV formulated the SOP dated 28 Jun 21 were also obtained.

 

4. Though there are simpler things like any affidavit could be signed by a Notary as per the Section 139 of the Code for Civil Procedure, 1908 or Oath Commissioner or Oath administered by Stn Cdr of Army or Navy or Air Force under Section 3 of the Oaths Act, 1969 respectively, but red tape (or is that blue tape?) being what it is, “it is impossible to do it any other way!” or “here is an alternate either (i) the affidavit by JMFC or (ii) Govt Gazette notification” were the replies. 

The latter involves the first 3 steps in Para 2 + a CD etc to be sent to the Dte of Publications of the Union Govt’s Min of Housing & Urban Affairs or its counterpart in the State Govt etc).

 

DISCLAIMER: The contents below are not to be quoted as authority. Please be assured that there is nothing illegal as Govt sources have been quoted for ready reference and verification.

6. So, the following simple method was adopted, inspired by the genius Albert Einstein (may God Bless his soul) primarily, and in consultation with a few knowledgeable persons: -

 

(i) Correct the name of spouse first on Aadhaar, then

(ii) Utilising the updated Aadhaar, correct the name of spouse in the PAN Card,

(iii) Take both, the updated Aadhaar and PAN cards, to the Bank where spouse and Pensioner have a joint pension account

(iv) Fill up and submit the KYC forms in the changed the name of the spouse now identical to the name on the PPO (and ECHS Card)

(v) Dispense with need for an affidavit from a JMFC and other complicated paper work.

 

The Simple Method

 

Before starting: Check the name & DoB of spouse or dependents on newly issued ECHS card(s). Name on the ECHS card invariably matches the name and DoB on PPO, which is same as in the discharge/release/certificate of service paper(s). It will because the software used for issue of ECHS card ensures it by halting the application till corrections as per PPO are made in the application.

 

Stage I Aadhaar: Demographic and biometric details update 

Filing Online: If one has internet, please access and read and follow the easy instructions on

https://uidai.gov.in/en/my-aadhaar/about-your-aadhaar/updating-data-on-aadhaar.html

 

If one does not have internet or the online application is rejected because of documentation errors, then one needs to go to a Aadhaar Permanent Enrolment Centre (PEC). Most PECs are located in the main Post Office of each locality, some called “Registrars” are in select bank branches. Check in the link for location of nearest PEC at

https://appointments.uidai.gov.in/easearch.aspx?AspxAutoDetectCookieSupport=1

 

Filing Offline (Caution: Download the correct Form)

 

Step 1

- Form 2 is a Certificate to be signed by any (i) a Gazetted Officer – Gp A or (ii) Village Panchayat Head or (iii) Gazetted Officer – Group B or (iv) MP or (v) MLA or (vi) MLC or (vii) Municipal Councillor or (viii) Tehsildar or (ix) Head of Recognised Educational Institution or (x) EPFO Officer;

- Form V2 is to be filled if Head of Family or an Introducer is supporting the request or

- Form V5 is to be filled if sending for address correction only through post to UIDAI office in Banjara Hills, Hyderabad or Chindwara, MP. More details on https://uidai.gov.in/en/my-aadhaar/about-your-aadhaar/updating-data-on-aadhaar.html

 

Step 2: Download, print and fill up Form 2 titled Aadhaar Certificate for changes and update (is attached but is also available on https://tndsc.co.in/downloads/2.pdf )

 

Step 3: Check the Aadhaar Certification and valid documents list (attached for ready reference) for any additional documents (in the link above) before getting the certificate signed by

 

- a Commissioned Officer (Class A) or a JCO equivalent (Class B as notified & confirmed by MoD in Aug 2018 by then RM, Ms Nirmala Sitharaman withdrawing the letter of Apr 2018 where the Class B was removed)

 

Check https://www.thehindu.com/news/national/jcos-are-gazetted-officers-says-defence-ministry/article24681972.ece

 

Step 4: Visit, with spouse, nearest Aadhaar Permanent Enrolment Centre (PEC) for her demographic and biometric update

 

Take original Aadhaar card & additional ORIGINAL valid ID and Address proof documents; Photocopies are not required

 

Step 5: PEC operator checks application/certificate Form 2 of spouse and original proof documents; Operator takes scans of all original documents and returns them to applicant

 

Step 6: PEC Operator starts to process demographic and biometric details

 

Step 7: PEC Operator asks applicant to check the screen for accuracy of the data entered for up date

 

Step 8: PEC Operator gives KYC form to filled up and signed by applicant and handed to the operator

 

Step 9: PEC Operator will make out deposit slip for payment of Rs 50/- at the Post Office or Bank cash counter if PEC is located in a Bank

 

Step 10: Submit payment receipt to the PEC Operator if in Bank who will then give one a copy of printed Ack/Consent for Update form that has the Update Request Number (URN)

 

Step 11: Wait for 7-10 days for intimation of change & download the e-Aadhaar (use URN to check progress if you do not receive intimation in 7-10 days)

 

Info: PEC operator said that prints of right hand fingers and thumb are indistinct for ladies due Fair wear & tear, hence Iris scan is the most authentic biometric data.

 

If Only you wish: On the UIDAI portal you can also apply for a plastic Aadhaar Card at an additional cost of Rs 50.

 

E-Aadhaar intimation will be received by sms; using URN download the e-Aadhaar (security locked and opens with first four letters of name + YYYY of birth)

 

Stage II PAN Update

 

Online Update

Once the updated Aadhaar Card is received, one proceeds to update PAN online by following the easy instructions on https://www.onlineservices.nsdl.com/paam/endUserRegisterContact.html

 

Caution: If the address given for Aadhaar update exceeds 125 characters, then the online application will be rejected and one will have to fill up hard copy of Form for changes; our online was rejected because the address exceeded 125 characters (because of name of nearest landmark  exceeding 25 character long was also typed in for the Aadhaar update!)

 

Offline update

 

Step 1: The Form, Instructions and List of Documents are available at https://incometaxindia.gov.in/documents/form-for-changes-in-pan.pdf

 

Form titled ‘Annexure A’ is an authentication certificate by a Gazetted Officer etc but a signed photocopy of his/her ID card has to be attached; If a Commissioned Officer signs it, it will place him in an awkward position because photocopying of Armed Forces ID Card is an offence

 

Read and understand instructions as well as proof of ID, Address, DoB documents required before filling up the Form titled Request For New PAN Card Or/ And Changes Or Correction in PAN Data Update Form

 

Step 2: Fill up the form, paste 2 passport size photographs at the top of the page in the earmarked spaces,

Spouse Signs across the one on the left side of the form without obscuring the face, & signs in the rectangle below the photograph on the right side

 

Step 3: Take self-attested by spouse photocopy of the updated Aadhaar card, of passport front and last page which gives detail of father’s name (mandatory even if the person is married)

 

Step 4: Check on internet (NSDL website) for location of PAN Card correction/update centre (usually KARVY Consultants) nearest to you and take the application form + valid documents (available in the link above)

 

Step 5: The operator will enter the details and ask you to check/verify

 

Step 6: Make a payment by cash/online/net banking/credit card of Rs 110/- obtain the receipt and note down the number which you will require to check progress

 

Step 7: Obtain receipt and wait for 7-10 days for the text message on the update

 

Stage III Updating Name and Address in Bank Account

 

Step 1: Visit the branch of the Bank where you have the Pension Account

Step 2: Produce the updated Aadhaar and PAN cards

Step 3: Bank staff will give you and family pensioner one KYC form each

Step 4: Fill up and sign the KYC form

Step 5: After Bank staff have updated the name (which will match the PPO), obtain passbook with corrections

 

As per Min of Fin requirements published in PCDA (P) Circular No. 185, the PPO number must be entered on the first page of your Bank Passbook https://pcdapension.nic.in/pcda/6cpc/Circular-185.pdf  

 

[However, my e-PPO number and suffix was changed 4 times – first because the Basic pension was wrong, then because the PDA was wrong, then the PDA and CPPC were wrong and have finally received the “correct in all details” e-PPO!]

 

Part II - Change/Correction of Date of Birth of Spouse

 

It is easier for Change of Date of Birth of Spouse/Dependents because a Govt Policy exists.

 

First, this DoP&PW policy letter which also applicable to ALL Ministries

 

No. 1/23/2012-P&PW (E) dated 13 Sep 12 available on

https://documents.doptcirculars.nic.in/D3/D03ppw/PPWE_age_130912.pdf

 

Second, the MoD/DESW Policy letter based on the above DoP&PW Letter

 

 MoD No. 1(11)-2009-D (Pen/Pol) dated 23 Dec 14 available on

https://www.desw.gov.in/sites/default/files/1%2811%292009-D%28Pension%20Policy%29_0.pdf

 

PCDA (P) Circular No. 535 is based on the DESW Policy letter.

 

Third, you may try to download and fill this form from DAV

 

https://iafpensioners.gov.in/ords/dav_portal/r/133/files/static/v958/assets/pdf/e-PPO%20Correction%20Form.pdf

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