Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO / ORs Pensioners/ Family pensioners
No 16(01)/2014/D[Pen/Pol)
Govt. of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi Dated 18th May 2016
To
The Chief of Army Staff
The Chief of. Naval Staff
The Chief of Air Staff
Subject: Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO / ORs Pensioners/ Family pensioners
Sir,
The undersigned is directed to refer to this Ministry’s letter No – 17[4)/2008(1)/D(Pen/Policy]/Vol-V dated 15.02.2011 issued in implementation of Government decision on the recommendations of 6th CPC, under which minimum guaranteed rates of various casualty pensionary awards for pre-2006 Armed Forces Officers and JCOs/ORs on the basis of the minimum of the pay in the pay band plus Grade Pay, Military Service Pay & ‘X’ Group Pay 3 where applicable have been provided. After issue of GOI, Ministry of Defence letters No.1[11]/2012/D[Pen/Pol) dated 17.1.2013, No.1(04)/2015(l) D[Pen/Pol) dated 03.09.2015 and No.1(OM/2015(II)-D(Pen/Pol) dated 03.09.2015 the basis of the minimum guaranteed pension under Modified Parity has been changed as minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of the minimum of the pay band.
2. Further, in respect of disability pensioners, the minimum guaranteed rates of Disability Element /Liberalized Disability Element/War Injury Element were already revised w.e.f 24.09.2012 vide GoI, MOD letter No 16(01)/2014/D(Pen/Pol] dated 10.04.2015 at the rates of the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of minimum of the pay band. Similarly, the minimum guaranteed Special Family Pension, Dependent Pension (Special), liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of ICOs/ORS) in respect of pre-2006 family pensioners of Commissioned ‘ Officers and ICO/OR were also revised with reference to minimum of the fitment table. for the rank in the revised pay band w.e.f 24.09.2012 vide Go1, MoD letter No 1[16]/2012/D[Pen/Policy) dated 17.01.2013.
3. Now, President is pleased to decide that the rates of Casualty Pensionary Awards of all Pre-2006 Disability pen’sioners/ Family Pensioners shall be revised with effect from 01.01.2006 on the basis of the minimum of fitment table for the Rank in the revised P’ay’Band as indicated under fitment tables annexed with SAI 1/S/2008, SAI 2 /s /2008′ & 5A1 4/5/2008 as amended and equivalent instructions for Navy and Air Force.
4. Pension Disbursing Agencies [PDAS] are hereby authorized to take following action.
a) To I step up the minimum guaranteed rates ‘of Disability Element, Liberalized Disability Element, War Injury Element,Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension [Liberalized) & Second Life Awards [in case of JCOs/ORs] in respect of pre-2006 Disability/Family pensioners of Commissioned Officers and JCO/ORs, in the affected cases, in respect of Pre-2006 pensioners with effect from 01.01.2006 instead. of from 24.09.2012 and arrears, if any, on account of these Casualty Pensionary Awards shall be paid accordingly.
b) The minimum guaranteed rates of Disability Element, Liberalized Disability Element, War Injury Ell-e‘mentonnthe basis of minimum of fitment tables for the various Ranks in the revised Pay Band shall be reckoned from Annexure 1 to 7 appended with this letter.
c) ”Further,the minimum ‘ guaranteed rates of Special Family Pens-ion, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension [Liberalized] & Second Life Awards (in case of JCOs/ORs] in respect of pre-2006 Family pensioners of Commissioned Officers and JCO/ORs on the basis of the minimum of fitment table for the Rank in the revised Pay Band shall be reckoned from Annexure ‘A’, ‘B’,’C’ & ‘D’ appended with this letter.
d) Therefore, if any arrears, in respect of Casualty Pensionary Awards due to difference’in’rates as per this Ministry’s letter No 17[40/2008(1)/D[Pen/Policy) Vol-V dated 15.02.2011 and as envisaged in Go1, MOD letter No l6(01]/2014/D[Pen/Pol) dated 10.04.2015 and rates indicated in Annexure 1 to 7, ‘A’, -‘B’,’C’ ‘D’ attached with this letter shall be paid accordingly.
e) – However, in respect of Casualty Family Pensionary Awards where revised pension in terms of GoI, MOD letter No 1(16)-/ 2012 /D(Pen/Pol) dated 17.01.2013 is higher than the rates indicated in annexure attached with this letter, the same shall be continued.
f) Similarly, the minimum guaranteed rates of Disability Element Liberalized Disability Element/War Injury Element revised w.e.f 24.09.2012 vide GOI, MOD letter No 16(01)/2014/D(Pen/Pol) dated 10.04.2015, the same shall be continued where beneficial.
g) The Service element of Disability Pension and War Injury Pension will be revised as per MoD letter No 1‘[04]/2015(I)-D[Pen/Pol) dated 03.09.2015 and letter No 1(04]/2015[ll)-D[Pen/Pol) dated 03.09.2015 read with MoD letter No 17(4)/2008(I]D(Pen/Pol) dated 11.11.2008 and other Govt. Order on the subject modifying the provision of these orders issued from time to time.
h) Service element of War Injury Pension in invalidment case Will be given for the maximum of terms of engagement for the rank of Armed Force Personnel from which he had invalided out.
5. However, the aggregate of Service Element (revised in terms of Para 2.1 of GOI, MoD letter No 16(6]/200-8(1)/D[Pension/Policy) dated 04.05.2009 as amended from time to time) and War Injury Element shall not exceed the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendations of 6th CPC introduced from 01.01.2006 corresponding to the pre-revised Pay scale held by the Armed Forces Personnel at the time of retirement /discharge/Invalidment. This ceiling of aggregate of War Injury Pension (Service element plus War Injury element) with reference to minimum of fitment table in the revised pay structure, applicable from 01.01.2006, as stated above shall stand removed with effect from 01.07.2009 vide GOI, MoD letter No 10(01]/D(Pen/Polj/2009/Volll dated 19.01.2010. Therefore, the arrears in respect of War Injury Pension shall be calculated in two phases viz..w.e.f 01.01.2006 to 30.06.2009 with the ceiling as stated above and w.e.f 01.07.2009 to 23.09.2012 with ceiling after removal of Cap. However, in no case the revised Liberalized disability pension [ i.e. aggregate of service element revised in term of Para-2.1 of this Ministry letter dated 04.05.2009 as amended from time to time plus disability element) shall be less than 80% of minimum of the fitment table.
6. In cases where pensioner was alive on 01.01.2006 and died/dies subsequently before receiving payment, his Legal heir/ heirs is/ are entitled to the LTA with effect from 01.01.2006 till death of the pensioner or 23.09.2012 whichever is earlier. In such’cases the payment will be made to Legal heir /heirs.
7. Any over payment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies [PDAs) against’the arrears becoming due on reViSion of Casualty: Pensionary Award on thebasis ofthe’se orders.
8. This order Will take effect from 011312006 “and arrears, “if any, shall be payable from 01.01.2006 to 23.09.2012. 9. All other terms and conditions Shall remain unchanged.
10.Pension Regulations of all the three Services will be amended in due course.
11. This issues with the coneurrence of Finance Division of this Ministry vide their ID No PC-3 to No.10(12]/2012/Fin/Pen dated 12.05.2016.
Hindi version will follow.
[R.K.Arora)
Under Secretary to the Govt. of India
Source : desw.gov.in
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