| 1. |
The undersigned is directed to say
that in pursuance of Government’s decision on the recommendations of
Fifth Central Pay Commission, sanction of the President is hereby
accorded to the regulation, with effect from 1.1.1996, pension/ family
pension of all the pre-1996 pensioners/ family pensioners in the manner
indicated in the succeeding paragraphs.
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| 2.1 |
These orders apply to all
pensioners/family pensioners who were drawing pension/family pension on
1.1.1996 under the Central Civil Services (Pension) Rules, 1972, CCS
(Extraordinary Pension) Rules and the corresponding rules applicable to
Railway pensioners and pensioners of All India Services including
officers of the Indian Civil Service, retired from service on or after
1.1.1973.
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| 2.2 |
Separate orders will be issued by the Ministry of Defence in regard to Armed Forces pensioners/family pensioners.
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| 2.3 |
These orders do not also apply to
retired High Court and Supreme Court Judges and other
Constitutional/Statutory Authorities whose pension etc. is governed by
separate rules/orders.
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| 3.1 |
In these orders :
Existing pensioner or Existing Family pensioner
means a pensioner who was drawing/entitled to pension/family pension on
31.12.1995.
Existing pension means the basic pension
inclusive of commuted portion, if any, due on 31.12.1995. It covers all
classes of pension under the CCS (Pension) Rules, 1972 as also
Disability Pension under the CCS (Extraordinary Pension) Rules and the
corresponding rules applicable to Railway employees and Members of All
India Services.
Existing family pension means the basic family
pension drawn on 31.12.1995 under the CCS (Pension) Rules and the
corresponding rules applicable to Railway employees and Members of All
India Services.
Existing Dearness Relief means the relief due to pensioners/family pensioners upto average CPI 1510.
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| 4.1 |
The pension/family pension of
existing pre-1996 pensioners/family pensioners will be consolidated with
effect from 1.1.1996 by adding together:-
- The existing pension/family pension.
Dearness Relief upto CPI 1510 i.e. @ 148%, 111%
and 96% of Basic Pension as admissible vide this Department's O.M. No.
42/8/96-P&PW(G) dated 20.3.1996.
- Interim Relief I.
- Interim Relief II.
Fitment weightage @ 40% of the existing pension/family pension.
The amount so arrived at will be regarded as consolidated
pension/family pension with effect from 1.1.1996. The upper ceiling on
pension/family pension laid down in the Department of Pension and
Pensioner’s Welfare Office Memorandum No 2/1/87-PIC.II dated 14.4.1987
has been increased from Rs. 4500/- and Rs. 1250 to 50% and 30%
respectively of the highest pay in the Government (The highest pay in
the Government is Rs. 30,000 since 1.1.1996). Since the consolidated
pension will be inclusive of commuted portion of pension, if any, the
commuted portion will be deducted from the said amount while making
monthly disbursements.
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| 4.2 |
Some of the existing pensioners
who retired between 31.3.1985 and 31.12.1985 are in receipt of personal
pension. The said personal pension will continue to be granted as a
separate element and will not be merged into the pension as consolidated
above.
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| 4.3 |
Since the consolidated
pension/family pension arrived at as per paragraph 4.1. includes
dearness relief upto average index level 1510, dearness relief will be
admissible thereon only beyond index average 1510 in accordance with the
revised scheme of dearness relief for which orders are being issued
separately. The two instalments of dearness relief sanctioned earlier
from 1.7.1996 and 1.1.1997 in this Department's Office Memorandum No.
42(8)/P&PW(G)/96 dated the 12th September, 1996 and Office
Memorandum No. 42(2)P&PW(G)/97 dated the 3rd April, 1997
respectively shall be adjusted against revised Dearness Relief becoming
due on the consolidated pension/family pension.
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| 4.4 |
The amount already paid on account
of Interim Relief III sanctioned vide this Department’s Office
Memorandum No. 42/18/95-P&PW(G)-Vol.II dated 6.9.1996 will be
recovered from the arrears becoming due on consolidation of
pension/family pension as in para 4.1. above and sanction of Dearness
Relief on consolidated pension/family pension.
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| 5.1 |
Where the consolidated
pension/family pension in terms of paragraph 4 above works out to an
amount less than Rs. 1275/- the same shall be stepped upto Rs. 1275/-.
This will be regarded as pension/family pension with effect from
1.1.1996. In the case of pensioners who are in receipt of more than one
pension, the floor ceiling of Rs. 1275/- will apply to the total of all
pensions taken together.
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| 5.2 |
Where the disability pension under
the CCS(EOP) Rules, is drawn in addition to invalid pension under the
CCS (Pension) Rules, 1972, the minimum limit of Rs. 1275/- will apply to
total of two pensions as indicated in paragraph 5.1. Where the
disability pension is drawn in isolation, the minimum limit of Rs.
1275/- will apply for 100% disability. For lesser degree of disability
the minimum limit will be proportionately less.
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| 6. |
The employed/re-employed
pensioners/family pensioners are not getting dearness releif on pension
at present under the extant orders. In their case the notional dearness
relief which would have been admissible to them but for their
employment/re-employment will be taken into account for consolidation of
their pension in terms of paragraph 4.1. above as if they were drawing
the dearness relief. Their pay will be re-fixed w.e.f. 1.1.1996 with
reference to consolidated pension becoming admissible to them. Dearness
relief beyond 1.1.1996 will, however, not be admissible to them during
the period of employment/re-employment.
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| 7. |
The cases of Central Government
employees who have been permanently absorbed in public sector
undertakings/autonomous bodies will be regulated as follows:-
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| a) |
PENSION
Where the Government servants on permanent absorption in public sector
undertakings/autonomous bodies continue to draw pension separately from
the Government, the pension of such abosrbees will be updated in terms
of these orders. In cases where the Government servants have drawn one
time lumpsum terminal benefits equal to 100% of their pensions and have
become entitled to the restoration of one-third commuted portion of
pension as per Supreme Court judgement dated 15.12.1995, their cases
will not be covered by these orders.
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| b) |
FAMILY PENSION
In cases where, on permanent absorption in public sector
undertakings/autonomous bodies, the terms of absorption permit grant of
family pension under the CCS (Pension) Rules, 1972 or the corresponding
rules applicable to Railway employees/members of All India Services, the
family pension being drawn by family pensioners will be updated in
accordance with these orders.
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| 8. |
8 All Pension Disbursing
Authorities including Public Sector Banks handling disbursement of
pension to the Central Government pensioners are hereby authorised to
pay pension/family pension to existing pensioners/family pensioenrs at
the consolidated rates without any further authorisation from the
concerned Accounts Officers/Head of Office etc. A table indicating the
existing pension, the consolidated pension and difference payable from
1.1.1996 is enclosed for ready reference. (Annexure I). This table may
be used where the pensioner is in receipt of a single pension only.
Where a pensioner is in receipt of more than one pension, consolidation
may be done separately in terms of paragraph 4.1 and as indicated in
pargraph 5 floor ceiling of Rs. 1275/- may be applied to total pension
from all sources taken together. A suitable entry regarding the revised
consolidated pension shall be recorded by the pension Disbursing
Authorities in both halves of the Pension Payment Order. An intimation
regarding disbursement of revised pension may be sent by the pension
disbursing authorities to the Office of CPAO and Accounts Officer which
had issued the PPO in the form given at Annexure-II
so that the latter can update the Pension payment Order Register
maintained by him. An acknowledgement shall be obtained by the Pension
Disbursing Authorities from Office of CPAO and the respective Accounts
Officers in this behalf. |
| 9.1 |
The consolidated pension/family
pension as worked out in accordance with provisions of Para 4.1. above
shall be treated as final 'Basic Pension' with effect from 1.1.1996 and
shall qualify for grant of Dearness Relief sanctioned thereafter in
respect of following categories of pensioners/family pensioners:-
Pensioners, who retired between the period from 1.1.1986 to 31.12.1995.
Family pensioners, who became entitled for
family pension during the period from 1.1.1986 to 31.12.1995 and were
sanctioned family pension @ 30% of the last pay drawn by the deceased
employee.
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| 9.2 |
In case of other pensioners/family
pensioners, these orders provide for revision/consolidation of pension
with effect from 1.1.1996 as an interim measure only so as to provide
them immediate relief and shall be subject to variation. Detailed
instructions regarding fixation of their pay on notional
basis/revision/consolidation of pension/family pension and issue of
authorisation in this regard will be issued separately. Pending issue of
detailed instructions as stated above, grant of pension/family pension
to all these pensioners/family pensioners may be continued to be
regulated under these orders.
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| 10. |
The arrears on account of
consolidation of pension would be paid in cash with the stipulation that
where amount of arrears is less than Rs.5,000/-, it should be paid in
one instalment and where it is in excess of Rs.5,000/-, it should be
paid in two instalments; in the first instalment, payment should be
restricted to Rs.5,000/- plus fifty percent of their balance amount of
arrears.
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| 11. |
It is considered desirable that
the benefit of these orders should reach the pensioners as expeditiously
as possible. To achieve this objective it is desired that all pension
disbursing Authorities should ensure that the revised pension and the
first instalment of arrears due to the pensioners in terms of the above
orders is paid to the pensioners or credited to their account by 30th
November, 1997 or before positively. Instructions regarding release of
second instalment of arrears will be issued later.
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| 12. |
In their application to the
persons belonging to Indian Audit and Accounts Department these orders
issue in consultation with the Comptroller and Auditor General of India.
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| 13. |
Ministry of Agriculture etc. are
requested to bring the contents of these Orders to the notice of
Controller of Accounts/Pay and Accounts Officers and Attached and
subordinate Offices under them on a top priority basis. All pension
disbursing offices are also advised to prominently display these orders
on their notice boards for the benefit of pensioners.
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