NATIONAL CO-ORDINATION COMMITTEE OF PENSIONERS.
Website: nccpahq.blogspot.in.
E mail: nccpahq@gmail.com.
13.c Feroze Shah Road,m
New Delhi. 110 001
20th May, 2017
Dear comrades.
We had placed the cabinet decisions
and the consequent Government of India OM dated 12th May, 2017 on
our website. We had informed you that we
would write to you again after going through the various aspects and effects of
the order. The present decision of the
Government, on which we had indicated to you in our earlier communications is
in replacement of the option No. 1. Offered by the 7th CPC as a
means of pension revision which would have benefited quite a large number of pensioners,
especially of those pensioners who retired from Group B,C an d D cadres. The Pension department right from day one had
taken the stand that the said recommendation was not feasible to be implemented
for want of relevant records, which was blatantly incorrect evidenced even from
the data the Pension department itself placed at the meeting with the staff
side JCM. The present decision of the
Government is to give effect to the recommendation made by the 5th
CPC,. We are appending to this letter, the recommendation
made by the 5th CPC, the orders issued by the Government in 1997,
2008 and in 2016 in respect of pay revision.
For all those who retired prior to 1986, the notional pay might have already been computed
as per the orders issued then. Every pensioner
is now entitled to have his pension revised by determining the notional pay had
he continued in service upto 1.1.2016,
If one has retired from service sayprior to 1996, his pay as shown in
the PPO will be recomputed first on the basis of the pay fixation formula
contained in the orders of 1997, then again in 2008 and lastly as indicated in
the 2016 order. Com.Radhakrishna,
President of the State COC Karnataka, Bangalore has evolved a formula for the
easy facilitation of computation We have
also appended the same for the benefit of our members. The OM of the Government ,copy of which is
already on our website, along with its annexure must be the basis and the
concerned pensioner must approach the office from which he retired for
refixation of his pension.
It must be stated without hesitation that the report
of the Secretary Pension to the Government on the question of feasibility of
the recommendation of the 7th CPC (Option No. 1) was the product of
a partisan approach. It is surprising
that the Pension department felt it appopreate to resurrect the recommendation
of the 5th CPC, which they had rejected time and again, when the
issue was taken up by the Pensioners
Associations and the Staff Side off the JCM on behalf of the working employees
on various earlier occasions. It is not
difficult to discern the fact that the rejection of option No.1was on the
consideration that the said recommendation of the 7th CPC (Option No.1) would not benefit majority of
the personnel in the All India and organised Group A services. Though made on different consideration, the
acceptance of the recommendation of the 5th CPC , a demand we had
been reiterating for long, is a positive development . The staff side during
the three rounds of discussion had suggested that to the committee of the 5th
CPC recommendation must be considered as a third option to bring about the
parity between the past and present pensioners.
That would have left everybody happy including those Group BCD employees
who retired in the earlier years when there had been no time bound promotion or
normal were f and far between in certain Departments for
the sheer. The present decision of the Government at the instance of the top
echelons of the bureaucracy has not emanated from an objective view of the
matter. We have, therefore, to continue with our effort in getting the Option
No. 1 as a method of pension revision, for it is recommended by an expert
body i.e. the 7th Central Pay
Commission and the Government is not unpowered to rejct it on the ground that
it was not fearble to implement it.
Read with the orders issued by the Government on 16th
May, 2017,whereby they have revised the multiplication factor and pay matrix of
level 13 (erstwhile Grade Pay of Rs. 8700) from 2.57 to 2.67 affording a
benefit of Rs. 5000 at the initial level of the pay matrix to the director
level officers, it becomes crystal clear as to how the Government is guided by
the bureaucracy for their partisan benefit leaving out the most legitimate
demands of the employees and pensioners.
The demand for the revision of minimum wage and the consequent
multiplication factor, which benefits all Civil Servants irrespective of the
Cadre or despite the assurances held out
on 30th June 2016. We are certain that our comrades will remember
the most untenable stand of the Depam ent6 of Expenditure in the mtter of
anomaly of pay fixation between the directly recruite4d and promoteee
officials tghat arose while implementing
trhe 6th CPC recommendations. Afrter a procrastinated discussion,
the official side agreed to the suggestion for stepping up the pay of senior
employees on par with the juniors .
However, in the end, the said agreement was not honoured. It
was said to be the huge financial implication that prevented the Government in
acting upon the 5th CPC recommendation on Pension parity question
and thus denied the benefit for scores of pensioners between 1996 to 2016. How that has now come to be financially
viable proposition is better left to your imagination. Our pensioner comrades will also remember as
to how the pension department denied even the modified parity recommended by
the Pay Commission, which had to be fought out upto Supreme Court by the poor
pensioners in the country. The NCCPA and
its affiliated will ponder over these issues in the days to come and will chalk
out ways and means to ensure that justice is rendered to all sections of the
Pensioners in the days to come.
With greetings,
Yours fraternally,
K.K.N.Kutty
Secretary General.
5th CPC
Fixation of
initial pay in the revised scale
(1)The initial pay of a Government servent
who elects, or is deemed to have elected under sub-rule (3) of Rule 6 to be
governed by the revised scale on and from the 1st day of January,
1996, shall unless in any case, the
President by special order otherwise directs, be fixed separately in respect of
his substantive pay in the permanent post on which he holds a lien or would
have held a lien if it had not been suspended, and inrespect of his pay in the
officiating post held by him, in the following manner, namely:-
In the case of all employees, -
An amount representing 40% of the basic pay
in the existing scale shall be added to the “existing emoluments” of the
employee;
After the existing emoluments have been so
increased, the pay shall thereafter be fixed in the revised scale at the stage
next above the amount thus computed:
Provided that –
Where in the fixation of pay, the pay of Government servants
drawing pay at more than four consecutive stages in an existing scale gets
bunched, that is to say, gets fixed in the revised scale at the same stage, the
pay in the revised scale of such of these Government servants who are drawing
pay beyond the first four consecutive stages in the existing scale shall be stepped
up to the stage where such bunching occurs, as under, by the grant of
increments(s) in the revised scale in the following manner, namely:-
For Government servants drawing pay from the
5th up to the 8th stage in the existing scale –by one
increment;
For Government servants drawing pay from the
9th up to the 12th stage in the existing scale, if there
is bunching beyond the 8th stage – by two increments;
If by steppin up of the pay as above, the pay of a
Government servant gets fixed at a stage in the revised scale which is higher
than the stage in the revised scale at which the pay of a Government servant
who was drawing pay at the next higher stage or stages in the same existing
scale is fixed, the pay of the latter shall also be stepped up only to the extent
by which it falls short of that of the former.
Provided
also that –
The
fixation thus made shall ensure that every employee will get at least one
increment in the revised scale of pay for every three increments (inclusive of
srtagnation increment(s), if any) in the existing scale of pay.
EXPLANATION
– For the purpose of this clause ‘’existing emoluments” shall include-
The basic pay in the existing scale;
Dearness allowance appropriate to the basic
pay admissible at index average 1510(1960 = 100); and
The amounts of first and second instalments
of interim relief admissible on the basic pay in the existing scale;
In the case of employees who are in receipt
of special pay/allowance in addition to pay in the existing scale which has
been recommended for replacement by a scale of pay without any special
pay/allowance, pay shall be fixed in the revised scale in accordance with the
provisions of Clause (A) above except that in such cases ‘’existing
emoluments’’ shall include-
The basic pay in the existing scale;’
Existing amount of special pay/allowance;
Admissible dearness allowance at index
average 1510(1960 = 100) under the relevant orders ; and
The amounts of first and second instalments
of interim relief admissible on the basic pay in the existing scale and special
pay under the relevant orders.
In
the case of employees who are in receipt of special pay component with any
other nomenclature in addition to pay in the existing scales, such as personal
pay for promoting small family norms, special pay to Parliament Assistants,
Central (Deputation on Tenure) Allowance etc., and in whose case the same has
been replaced in the revised scale with corresponding allowance/pay at the same
rate or at a different rate, the pay in the revised scale shall be fixed in
accordance with the provisions of Clause (A) above. In such cases, the
allowance at the new rate as recommended shall be drawn in addition to pay in
the revised scale of pay.
In the case of medical officers who are in
receipt of non-practising allowance, the pay in the revised scale shall be
fixed in accordance with the provisions of Clause (A) above except that in such
cases the term ‘’existing emolument’’- shall not include NPA and will comprise
only the following :-
The basic pay in the existing scale;
Dearness allowance appropriate to the basic
pay and non-practising allowance admissible at index average 1510 (1960 = 100)
under the relevant orders
The amounts of first and second instalments
of interim relief admissible on the
basic pay in the existing scale and non-practising allowance under the relevant
orders
And in such cases, non-practising allowance at the new rates
shall be drawn in addition to the pay so fixed in the revised scale.
6th CPC
Fixation of
initial pay in the revised pay structure:
(1) The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2006, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely :-
(A) in the case of all employees:-
(i) the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
( ii) if the minimum of the revised pay band/ pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;
Provided further that:-
Where, in the fixation of pay, the pay of Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching.
(1) The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2006, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely :-
(A) in the case of all employees:-
(i) the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
( ii) if the minimum of the revised pay band/ pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;
Provided further that:-
Where, in the fixation of pay, the pay of Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching.
In the case of pay scales in higher administrative grades
(HAG) in the pay band PB4, benefit of increments due to bunching shall be given
taking into account all the stages in different pay scales in this grade. In
the case of HAG+ scales, benefit of one increment for every two stages in the
pre revised scale will be granted in the revised pay scale.
By stepping up of the pay as above, the pay of a Government
servant get fixed at a stage in the revised pay band/ pay scale ( where
applicable.) which is higher than the stage in the revised pay band at which
the pay of a Government servant who was drawing pay at the next higher stage or
stages in the same existing scales is fixed.
The pay of the latter shall also be stepped up only to th extent by
which it falls short of that of the former.
The pay in the Pay band will be determined in the above
manner. In addition to the pay in the
pay band, Grade pay corresponding to the existing scale will be payable.
Note: Illustration 1. On the above is provided in the
Explanatory memorandum to these rules.
In the case of employees who are in receipt of special pay/
allowance in addition to pay int he existing scale which has been recommended
for replacement by a Pay band and Grade Pay without any special pay/allowance,
pay shall be fixed in the revised pay structure in accordance with the
provisions of clause (A) above
In the case of employees who are in receipt of special pay
component with any other nomenclature in addition to pay in the existing
scales, such as personal pay for promoting small family norms, special pay to
Parliament Assistants, (Central deputation tenure) allowance, etc. and in whose
case the same has been replaced in the revised pay structure with corresponding
allowance/ pay at the same rate or at a different rate, the pay in the revised
pay structure shall be fixed in accordance with the provisions of clause (A)
above. In such cases, the allowance at
the new rates as recommended shall be drawn in addition to pay in the revised
pay structure from the date specified in the individual notification related to
these allowances.
In the case of Medical officers, who are in receipt of Non
practicing allowance, the pay in the revised pay structure shall be fixed in
accordance with the provisions of Clause (A) above except that in such cases
the pre revised dearness allowance appropriate to the non practicing allowance
admissible at index average 536 (1982=100) shall be added while fixing the pay
in the revised pay band and in such cases non practicing allowance at the new
rates shall be drawn with effect from 1.1.2006 or at the date of option for
revised pay structure in addition to the pay so fixed in the revised pay
structure. Illustration 2 in this regard is at the explanatory memorandum to
these rules..
7th CPC
Fixation of
initial pay in the revised pay structure:
MINISTRY OF FINANCE
(Department of Expenditure)
NOTIFICATION
New Delhi, the 25th
July, 2016
G.S.R. 721(E).—In exercise
of the powers conferred by the proviso to article 309, and clause (5) of
article
148 of the Constitution and after
consultation with the Comptroller and Auditor General in relation to persons
serving in the Indian Audit and Accounts Department, the President hereby makes
the following rules, namely :-
1. Short title and commencement.
–
(1) These rules may be called the
Central Civil Services (Revised Pay) Rules, 2016.
(2) They shall be deemed to have
come into force on the 1st day of January, 2016.
2. Categories of Government
servants to whom the rules apply.-
(1) Save as otherwise provided by
or under these rules, these rules shall apply to persons appointed to civil
services and posts in connection with the affairs of the Union whose pay is
debitable to the Civil Estimates as also to persons serving in the Indian Audit
and Accounts Department.
(2) These rules shall not apply
to -
(i) persons appointed to the
Central Civil Services and posts in Group ‘A’, ’B’ and ’C’, under the
administrative control of the Administrator of the Union Territory of
Chandigarh;
(ii) persons locally recruited
for services in Diplomatic, Consular or other Indian
establishments in foreign
countries;
(iii) persons not in whole-time
employment;
(iv) persons paid out of
contingencies;
(v) persons paid otherwise than
on a monthly basis including those paid only on a piece rate basis;
(vi) persons employed on contract
except where the contract provides otherwise;
(vii) persons re-employed in
Government service after retirement;
(viii) any other class or
category of persons whom the President may, by order, specifically exclude from
the operation of all or any of the provisions contained in these rules.
3. Definitions.—In these
rules, unless the context otherwise requires,-
(i) “existing basic pay” means
pay drawn in the prescribed existing Pay Band and Grade Pay or Pay in the
existing scale;
(ii) “existing Pay Band and Grade
Pay” in relation to a Government servant means the Pay Band and the
Grade Pay applicable to the post
held by the Government servant as on the date immediately before
the notification of these rules
whether in a substantive capacity or in officiating capacity;
(iii) “existing scale” in
relation to a Government servant means the pay scale applicable to the post
held by the Government servant as on the date immediately before the
notification of these rules in the Higher Administrative Grade, Higher
Administrative Grade+, Apex scale and that applicable to Cabinet Secretary
whether in a substantive or officiating capacity;
(iv) “existing pay structure ” in
relation to a Government servant means the present system of Pay Band and Grade
Pay or the Pay Scale applicable to the post held by the Government servant as
on the date immediately before the coming into force of these rules whether in
a substantive or officiating capacity.
Explanation.- The
expressions “existing basic pay”, “existing Pay Band and Grade Pay” and
“existing scale”, in respect of a Government servant who on the 1st day of
January, 2016 was on deputation out of India or on leave or on foreign service,
or who would have on that date officiated in one or more lower posts but for
his officiating in a higher post, shall mean such basic pay, Pay Band and Grade
Pay or scale in relation to the post which he would have held but for his being
on deputation out of India or on leave or on foreign service or officiating in higher
post, as the case may be;
(v) “existing emoluments” mean the sum of (i) existing basic
pay and (ii) existing dearness allowance
at index average as on 1st day of January, 2006;
(vi) “Pay Matrix” means Matrix specified in Part A of the
Schedule, with Levels of pay arranged in
vertical cells as assigned to corresponding existing Pay
Band and Grade Pay or scale;
(vii) “Level” in the Pay Matrix shall mean the Level
corresponding to the existing Pay Band and Grade
Pay or scale specified in Part A of the Schedule;
(viii) “pay in the Level” means pay drawn in the appropriate
Cell of the Level as specified in Part A of the Schedule;
(ix) “revised pay structure” in relation to a post means the
Pay Matrix and the Levels specified therein corresponding to the existing Pay
Band and Grade Pay or scale of the post unless a different revised Level is
notified separately for that post;
(x) “basic pay” in the revised pay structure means the pay
drawn in the prescribed Level in the Pay
Matrix;
(xi) “revised emoluments” means the pay in the Level of a
Government servant in the revised pay
structure; and
(xii) “Schedule” means a schedule appended to these rules.
4. Level of posts.– The Level of posts shall be
determined in accordance with the various Levels as assigned to
the corresponding existing Pay Band and Grade Pay or scale
as specified in the Pay Matrix.
5. Drawal of pay in the revised pay structure.– Save
as otherwise provided in these rules, a Government
servant shall draw pay in the Level in the revised pay
structure applicable to the post to which he is appointed:
Provided that a Government servant may elect to continue to
draw pay in the existing pay structure until the date on which he earns his
next or any subsequent increment in the existing pay structure or until he
vacates his post or ceases to draw pay in the existing pay structure: Provided
further that in cases where a Government servant has been placed in a higher
grade pay or scale between 1st day of January, 2016 and the date of
notification of these rules on account of promotion or upgradation,
the Government servant may elect to switch over to the
revised pay structure from the date of such promotion or upgradation, as the
case may be.
Explanation 1.- The option to retain the existing pay
structure under the provisos to this rule shall be
admissible only in respect of one existing Pay Band and
Grade Pay or scale.
Explanation 2.- The aforesaid option shall not be
admissible to any person appointed to a post for the first time in Government
service or by transfer from another post on or after the 1st day of January,
2016, and he shall be allowed pay only in the revised pay structure.
Explanation 3.- Where a Government servant exercises
the option under the provisos to this rule to retain the existing pay structure
of a post held by him in an officiating capacity on a regular basis
for the purpose of regulation of pay in that pay structure
under Fundamental Rule 22, or under any other rule or order applicable to that
post, his substantive pay shall be substantive pay which he would have drawn
had he retained the existing pay structure in respect of the permanent post on
which he holds a lien or would have held a lien had his lien not been suspended
or the pay of the officiating post which has acquired the character of
substantive pay in accordance with any order for the time being in force,
whichever is higher.
6. Exercise of option.-
(1) The option under the provisos to rule 5 shall be
exercised in writing in the form appended to these rules so as to reach the
authority mentioned in sub-rule (2) within three months of the date of
notification of these rules or where any revision in the existing pay structure
is made by any order subsequent to the date of notification of these rules,
within three months of the date of such order: Provided that-
(i) in the case of a Government servant who is, on the date
of such notification or, as the case may be, date of such order, out of India
on leave or deputation or foreign service or active service, the said option
shall be exercised in writing so as to reach the said authority within three
months of the date of his taking charge of his post in India; and
(ii) where a Government servant is under suspension on the
1st day of January, 2016, the option may be exercised within three months of
the date of his return to his duty if that date is later than the date
prescribed in this sub-rule.
(2) The option shall be intimated by the Government servant
to the Head of his Office along with an undertaking, in the form appended to these
rules.
(3) If the intimation regarding option is not received by
the authority within the time specified in sub rule
(1), the Government servant shall be deemed to have elected
to be governed by the revised pay structure with effect from the 1st day of
January, 2016.
(4) The option once exercised shall be final.
Note 1: Persons whose services were terminated on or
after 1st January, 2016 and who could not exercise the option within the
prescribed time limit, on account of discharge on the expiry of the sanctioned
posts, resignation, dismissal or discharge on disciplinary
grounds, shall be entitled to exercise
option under sub-rule (1).
Note 2: Persons who have died on or after the 1st day
of January, 2016 and could not exercise the option within prescribed time limit
are deemed to have opted for the revised pay structure on and from the 1st day
of January, 2016 or such later date as is most beneficial to their dependents
if the revised pay structure is more favorable and in such cases, necessary
action for payment of arrears shall be taken
by the Head of Office.
Note 3: Persons who were on earned leave or any other
leave on 1st day of January, 2016 which entitled
them to leave salary shall be entitled to exercise option
under sub-rule (1).
7. Fixation of pay in the revised pay structure.-
(1) The pay of a Government servant who elects, or is deemed
to have elected under rule 6 to be
governed by the revised pay structure on and from the 1st
day of January, 2016, shall, unless in anycase the President by special order
otherwise directs, be fixed separately in respect of his substantive pay in the
permanent post on which he holds a lien or would have held a lien if such lien
had not been suspended, and in respect of his pay in the officiating post held
by him, in the following manner, namely:-
(A) in the case of all employees-
(i) the pay in the applicable
Level in the Pay Matrix shall be the pay obtained by multiplying the
existing basic pay by a factor of 2.57, rounded off to the nearest rupee
and the figure so arrived at will be located in that Level in the Pay Matrix
and if such an identical figure corresponds to any Cell in the applicable Level
of the Pay Matrix, the same shall be the pay, and if no such Cell is available
in the applicable Level, the pay shall be fixed at the immediate next higher
Cell in that applicable Level of the Pay Matrix.
Illustration:
(ii) if the minimum pay or the
first Cell in the applicable Level is more than the amount arrivedat as per
sub-clause (i) above, the pay shall be fixed at minimum pay or the first Cell
of that applicable Level.
(B) In the case of medical
officers in respect of whom Non Practicing Allowance (NPA) is admissible, the
pay in the revised pay structure shall be fixed in the following manner :
(i) the existing basic pay shall
be multiplied by a factor of 2.57 and the figure so arrived at shall be
added to by an amount equivalent
to Dearness Allowance on the pre-revised Non-Practicing Allowance admissible as
on 1st day of January, 2006. The figure so arrived at will be located in that
Level in the Pay Matrix and if such an identical figure corresponds to any Cell
in the applicable Level of the Pay Matrix, the same shall be the pay, and if no
such Cell is available in the applicable Level, the pay shall be fixed at the
immediate next higher Cell in that applicable Level of the Pay Matrix.
(ii) The pay so fixed under
sub-clause (i) shall be added by the pre-revised Non Practicing Allowance
admissible on the existing basic pay until further decision on the revised rates
of Non Practicing Allowance.
O0o
No.38/37/2016-P&PW(A)
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated, the 12th May, 2017
Implementation
of Government’s decision on the recommendations of the Seventh Central Pay
Commission – Revision of pension of pre- 2016 pensioners/family pensioners, etc
The undersigned is directed to say that the 7th Central Pay
Commission (7th CPC). in its Report, recommended two formulations for revision
of pension of pre-2016 pensioners. A Resolution No.38/37/2016-P&PW (A)
dated 04.08.2016 was issued by this Department indicating the decisions taken
by the Government on the various recommendations of the 7th CPC on pensionary
matters. [Click to view the orders issued on 4.8.2016] 2. Based on the
decisions taken by the Government on the recommendations of the 7th CPC, orders
for revision of pension of pre-2016 pensioners/family pensioners in accordance
with second Formulation were issued vide this Department’s OM No. 38/37/2016-P&PW
(A) (ii) dated 04.08.2016. It was provided in this OM. that the revised
pension/family pension w.e.t. 1.1.2016 of pre-2016 pensioners/family pensioners
shall be determined by multiplying the pension/family pension as had been fixed
at the time of implementation of the recommendations of the 6th CPC, by 2.57.
3. In accordance with the decision mentioned in this Department’s
Resolution No. 38/37/2016-P&PW (A) dated 04.08.2016 and OM No.
38/37/2016-P&PW(A) (ii) dated 04.08.2016, the feasibility of the first
option recommended by 7th CPC has been examined by a Committee headed by
Secretary, Department of Pension Pensioners’ Welfare.
4. The aforesaid Committee
has submitted its Report and the recommendations made by the Committee have
been considered by the Government. Accordingly, it has been decided that the
revised pension/family pension w.e.f 01.01.2016 in respect of all Central civil
pensioners/family pensioners, including CAPF’s, who retired/died prior to
01.01.2016, may be revised by notionally fixing their pay in the pay matrix
recommended by the 7th CPC in the level corresponding to the pay in the pay
scale/pay band and grade pay at which they retired/died. This will be done by
notional pay fixation under each intervening Pay Commission based on the
Formula for revision of pay. White fixing pay on notional basis, the pay
fixation formulae approved by the Government and other relevant instructions on
the subject in force at the relevant time shall be strictly followed. 50% of
the notional pay as on 01.01.2016 shall be the revised pension and 30% of this
notional pay shall be the revised family pension wet. 1.1.2016 as per the first
Permutation. In the case of family pensioners who were entitled to family
pension at enhanced rate, the revised family pension shall be 50% of the
notional pay as on 01.01.2016 and shall be payable till the period up to which
family pension at enhanced rate is admissible as per rules. The amount of
revised pension/family pension so arrived at shall be rounded off to next
higher rupee.
5. It has also been decided that higher of the two Formulations is
the pension/family pension already revised in accordance with this Department’s
OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised
pension/family pension as worked out in accordance with para 4 above, shall be
granted to pre-2016 central civil pensioners as revised pension/family pension
w.e.f. 01.01.2016. In cases where pension/family pension being paid w.e.f.
1.1.2016 in accordance with this Department’s OM No. 38/37/2016~P&PW(A)
(ii) dated 04.08.2016 happens to be more than pension/family pension as worked
out in accordance with para 4 above, the pension/family pension already being
paid shall be treated as revised pension/family pension w.e.f. 1.1.2016.
6. Instructions were issued vide this Department’s OM No.
45/86/97-P&PW(A) (iii) dated 10.02.1998 for revision of pension! family
pension in respect of Government servants who retired or died before
01.01.1986, by notional fixation of their pay in the scale of pay introduced
with effect from 01.01.1986. The notional pay so worked out as on 01.01.1986
was treated as average emoluments/last pay for the purpose of calculation of notional
pension/family pension as on 01.01.1986. The notional pension/family pension so
arrived at was further revised with effect from 01.01.1996 and was paid in
accordance with the instructions issued for revision of pension/family pension
of pre-1996 pensioners/family pensioners in implementation of the
recommendations of the 5th Central Pay Commission.
7. Accordingly, for the purpose of calculation of notional pay
w.e.f. 1.1.2016 of those Government servants who retired or died before
01.01.1986, thepay scale and the notional pay as on 1.1.1986, as arrived at in
terms of the instructions issued vide this Department’s OM 45/86/97~P&PW(A)
dated 10.02.1998, will be treated as the pay scale and the pay of the concerned
Government servant as on 1.1.1986. in the case of those Government servants who
retired or died on or after 01.01.1986 but before 112016 the actual pay and the
pay scale from which they retired or died would be taken into consideration for
the purpose of calculation of the notional pay as on 1.1.2016 in accordance
with para 4 above.
8. The
minimum pension with effect from 01.01.2016 will be Rs. 9000/- per month
(excluding the element of additional pension to old pensioners). The upper
ceiling on pension/family pension will be 50% and 30°16 respectively of the
highest pay in the Government (The highest pay in the Government is Rs. 250,000
with effect from 01.01.2016).
9. The
pension/family pension as worked out in accordance with provisions of Para 4
and 5 above shall be treated as ‘Basic Pension’ with effect from 01.01.2016.
The revised pension/family pension includes dearness relief sanctioned from
1.1.2016 and shall qualify for grant of Dearness Relief sanctioned thereafter.
10. The
existing instructions regarding regulation of dearness relief to
employed/re-employed pensioners/family pensioners, as contained in Department
of Pension & Pensioners Welfare OM. No. 45/73/97-P&PW(G) dated
02.07.1999, as amended from time to time, shall continue to apply.
11. These
orders would not be applicable for the purpose of revision of pension of those
pensioners who were drawing compulsory retirement pension under Rule 40 of the
CCS (Pension) Rules or compassionate allowance under Rule 41 of the CCS
(Pension) Rules. The pensioners in these categories would continue to be
entitled to revised pension in accordance with the instructions contained in
this Department’s OM. No. 38/37/2016~P&PW(A)(ii) dated 4.8.2016.
12. The
pension of the pensioners who are drawing monthly pension from the Government
on permanent absorption in public sector undertakings/autonomous bodies will
also be revised in accordance with these orders. However, separate orders will
be issued for revision of pension of those pensioners who had earlier drawn one
time lump sum terminal benefits on absorption in public sector undertakings,
etc. and are drawing one-third restored pension as per the instructions issued
by this Department from time to time.
13. in
cases where, on permanent absorption in public sector undertakings/autonomous
bodies, the terms of absorption and/or the rules 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.
14. 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.
15. The
quantum of age-related pension/family pension available to the old pensioners/
family pensioners shall continue to be as follows-
The amount of additional pension will be shown distinctly in the
pension payment order. For example, in case where a pensioner is more than 80
years of age and his/her revised pension is Rs.10,000 pm, the pension will be
shown as (i) Basic pension = Rs.10,000 and (ii) Additional pension = Rs.2,000
pm. The pension on his/her attaining the age of 85 years will be shown as
(i).Basic Pension = Rs.10,000 and (ii) additional pension = Rs.3,000 pm.
Dearness relief will be admissible on the additional pension available to the
old pensioners also.
16. A few examples of calculation of pension/family pension in the
manner prescribed above are given in Annexure-I to this OM.
17. No arrears on account of revision of Pension/Family pension on
notional fixation of pay will be admissible for the period prior to 1.1.2016.
The arrears on account of revision of pension/family pension in terms of these
orders would be admissible with effect from 01.01.2016. For calculation of
arrears becoming due on the revision of pension/ family pension on the basis of
this O.M., the arrears of pension and the revised pension/family pension
already paid on revision of pension/family pension in accordance with the
instructions contained in this Department’s OM No. 38/37/2016-P&PW(A) (ii)
dated 04.08.2016 shall be adjusted.
18. it shall be the responsibility of the Head of Department and
Pay and Accounts Office attached to that office from which the Government
servant had retired or was working last before his death to revise the pension!
family pension of Pre-2016 pensioners/family pensioners with effect from
01.01.2016 in accordance with these orders and to issue a revised pension
payment authority. The Pension Sanctioning Authority would impress upon the
concerned Head of Office for fixation of pay on notional basis at the earliest
and issue revised authority at the earliest. The revised authority will be
issued under the existing PPO number and would travel to the Pension Disbursing
Authority through the same channel through which the original PPO had
travelled.
19. These orders shall apply to all pensioners/family pensioners
who were drawing pension/family pension before 1.1.2016 under the Central Civil
Services (Pension) Rules, 1972, 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 111973. A
pensioner/family pensioner who became entitled to pension/family pension with
effect from 01.01.2016 consequent on retirement/death of Government servant on
31.12.2015, would also be covered by these orders. Separate orders will be
issued by the Ministry of Defence in regard to Armed Forces pensioners/family
pensioners.
20 These orders do not apply to retired High Court and Supreme
Court Judges and other Constitutional/Statutory Authorities whose pension etc.
is governed by separate rules/orders.
21 These orders issue with the concurrence of Ministry of Finance
(Department of Expenditure) vide their ID. No. 30~1l33(c)/2016-IC dated
11.05.2017 and ID. No.30-1133(c)/2016-IC dated 12.05.2017.
22. In their application to the persons belonging to the Indian
Audit and Accounts Department, these orders issue in consultation with the
Comptroller and Auditor General of India.
23. Ministry of Agriculture etc. are requested to bring the
contents of these orders to the notice of Heads of Department/Controller of
Accounts. Pay and Accounts Officers, and Attached and Subordinate Offices under
them on top priority basis. All Ministries/Departments are requested to accord
top priority to the work of revision of pension of ore-2016 pensioners/family
pensioners and issue the revised Pension Payment Authority in respect of all
ore-2016 pensioners,
24. Hindi version will follow.
sd/-
(Harjit Singh)
Director
Recommendations
Impact of order dated 12-05-2017
The impact of
above order dated 12-05-2017 can be analysed only after orders are issued.
According to the orders the pay of pre 2016 retirees has to be notionally
fixed in in revised pay matrix intrdoduced from 1-1-2016 and then fixing
pension at 50% of pay. If the pension so fixed is more than the pension
fixed with fitment formula of 2.57 then pension will be revised otherwise no
change. It is presumed that option will be given to pensioners. For
arriving at pay in revised matrix of 7 CPC for those who retired prior to
1-1-1996 notionally there pay will be fixed under V CPC scales and VI CPC Pay
structure. Similarly for those who retired prior to 2006 it will be
notionally fixed in VI CPC Pay structure and then in 7 CPC matrix. The
pay for this purpose is pay last drawn as recorded in their PPO. For the
information of readers fixation formula under V CPC, VI CPC and VII CPC rules
is given below:
V CPC:
|
1
|
Basic pay as on 1-1-1996
|
xxx
|
|
2
|
DA appropriate to basic pay at 1510 pts
|
Xxx
|
|
3
|
I IR
|
100
|
|
4
|
2nd IR 10% of BP subject to minimum of
Rs.100
|
Xxx
|
|
5
|
40% of BP
|
Xxx
|
|
6
|
Total
|
xxx
|
Pay in the revised
scales to be fixed at the stage next above the total even if there is stage
equal to the total.
Rates of DA as on 1-1-1996
|
For pay range upto Rs.3500pm
|
148% of pay
|
|
For pay range above Rs.35oo and upto 6000 pm
|
111% of pay subject to a minmum of Rs.5180 pm
|
|
For pay range above Rs.6000 pm
|
96% of pay subject to minimum of Rs.6660 pm
|
VI CPC
|
1
|
Existing pay scale
|
x
|
|
2
|
Applicable pay band and grade pay
|
a+b
|
|
3
|
Basic pay as on 1-1-2006
|
xxx
|
|
4
|
Pay after multiplication of BP by a factor 1.86 rounded
off to next multiple of 10
|
Xxx
|
|
5
|
Pay in the pay band
|
Xxx
|
|
6
|
Grade Pay applicable to the post
|
b
|
|
7
|
Revised basic pay is pay in the pay band and grade pay.
|
Xxx +b
|
VII CPC
|
1
|
Existing Pay Band
|
a
|
|
2
|
Existing Grade Pay
|
a+b
|
|
3
|
Basic pay as on 1-1-2016
|
Xxx+b
|
|
4
|
Level corresponding to GP
|
C
|
|
5
|
Pay after multiplication of BP by a fitment factor of 2.57
|
Xxx
|
|
6
|
Revised Pay in Pay Matrix (either equal to or next
higher Cell
|
Xxx
|
Illustration:
‘X retired on
31-1-1992 and pay was Rs. 2900 in the scale 1640-2900
1. His notional pay under
5 CPC scale of 6500-10600 is Rs.8900;
2. His notional pay under
6 CPC (PB2 +GP 4200) is Rs.20760;
3. His notional pay under
7 CPC (Level 6) is Rs.53600;
4. Pension fixed on
1-1-2016 with a fitment formula of 2.57 is Rs.25847;
5. Pension as per cabinet
deciscion 50% of notional pay as per 7 cpc is Rs26800.
