PLIGHT OF THE RE-EMPLOYED EX-SERVICEMENS' WIDOWS
IN GETTING THE BENEFICIAL PENSION.
The truncated service in the Armed forces compels the ex-servicemen to seek re-employment. The re-employed ex-servicemen after retirement from the re-employed post are given minimum pro-rata pension, in addition to the minimum defence pension. Both these minimum pensions put together will not come equal to the full pension (33 years) being drawn by others who are fortunate to complete full service in one organization.
Moreover, these ex-servicemen are not given any weightage of military service/seniority in the re-employed post. They are appointed in the minimum scale and retire with minimum pension. Even though there are instructions to count the military service for seniority, promotion etc., in the re-employed post, but these ex-servicemen are not given any such privileges in the re-employed service. Whereas the families of these re-employed ex-servicemen are not allowed to draw both the family pensions. They are allowed to draw only one family pension after the demise of the ex-serviceman.
In the circumstances, there is no justification in denying the second family pension. Also there are many public sector undertakings and banks that are having their own pension fund, also denying this family pension to the widows of these ex-servicemen.
For example, a large number of ex-servicemen were employed in the public sector banks during the period 1981 to 1991, now most of them have retired and some of them have died. The widows of these re-employed ex-servicemen are not given the bank’s family pension even though the banks have their own contributory pension scheme.
The State Bank of
The plight of SBI pensioners is worst. When the mighty trade unions fight for the revision of salary and allowances for the working employees in the past, but they failed to negotiate for the revision of the SBI Pension and family pension. The recent revision in the SBI family pension has not improved the situation.
Now there are some widows who are eligible to get higher rate of Defence family pension as per the 6th CPC, as compared to the SBI’s family pension, are denied the defence family pension because of the option given by their husbands for the bank’s pension earlier, which is now lower than the defence family pension.
2 comments:
Sir I am a regular visitor/admirer of ur blog. which is excellent guidance with regard to PBORs matters. I request you to kindly see www.punjabnewsline.com todays posting with regard to PBOR pensions. Kindly takeup the matter on these lines from yourside also so that our veterans (Army/Navy/Airforce) could bee benefited. thanks. Ex-Sgt Gavini VN
Better late than never. It is nice to see this post regarding airing of grievance for second family pension i.r.o. re-employed military pensioner.
Sub-rule 13-A and 13-B of the Central Civil Services (Pension) rules, 1972 are dealing with family pension of a re-employed military pensioner. The above provisions are reproduced below {http://www.persmin.gov.in/pension/index.html):
“(13-A) A military pensioner, who on retirement from military service, on retiring pension, service pension or invalid pension is governed for the grant of ordinary family pension by Army Instruction 2/S/64 or corresponding Navy or Air Force Instructions and is re-employed in a civil service or civil post before attaining the age of superannuation, shall for the purpose of eligibility for the family pension admissible under this rule or the family pension already authorized under the aforesaid Army/Navy/Air Force Instruction, be governed as follows :-
(i) If he dies while holding a civil post, his family shall be allowed family pension under these rules or the family pension authorized at the time of retirement or discharge from the military service, whichever is more advantageous to the family ;
(ii)
if he has, on appointment to a civil service or post, opted to retain military pension for the past military service -
(a)
and retires from the civil re-employment without earning any pension therefore, his family shall be entitled to family pension as authorized at the time of his retirement/discharge from military service ;
(b) retires from civil re-employment after becoming eligible for pension therefore, he shall exercise an option at the time of applying for pension for civil service either to be governed by family pension under these rules or to avail of family pension benefits as authorized at the time of his retirement/discharge from military service and the said option once exercised shall be final.
(iii) if on appointment to a civil service or post, he has opted to surrender military pension and count the military service for civil pension, his family shall be entitled to family pension under these rules.
(13-B) Family Pension admissible under this rule shall not be granted to a person who is already in receipt of Family Pension or is eligible therefor under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government :
Provided that a person who is otherwise eligible for family pension under this rule may opt to receive family pension under this rule if he forgoes family pension admissible from any other source.
* Provided further that family pension admissible under the Employees Pension Scheme, 1995, and the Family Pension Scheme, 1971, shall, however, be allowed in addition to the family pension admissible under these rules.”
* This Second proviso was inserted after the first proviso by an amendment through Notification No. 1/19/96-P&PW (E), dated 27-06-2001 of Ministry of Personnel, Public Grievance and Pensions, Department of Pension and Pensioner’s Welfare (MOPPG&P DoP & PW) and was made effective w.e.f. from 27-07-2001 vide clarified OM No.1/19/96-P&PW(E) dated 19-06-2002. (This is available at web site http://persmin.gov.in/WriteDate/Circular Notification/ScanDocum...) the above position was also available at Employees’ Provident Fund Organisation (EPFO) vide Circular No.Pension.II/3(1)97/KR/Double Pension/ 67943 dated 15-01-2002.
Question-No.6: Whether the widows of Armed Forces Pensioners who are in receipt of family pension under EPF Scheme 1971, 1995 are entitled to family pension from Army side also?
Answer:
Ref: http://pcdapension.nic.in/pa/faqpa.htm Yes. Previously the widows of Armed Forces Pensioners who were in receipt of ordinary family pension under EPF Scheme 1971, 1995 had to opt for one pension which was advantageous. Now, the Govt. has liberalised family pension scheme and they are entitled to family pension from Army side in addition to family pension drawn from EPF Scheme 1971 or 1995. For this purpose, ROs will initiate pension claims and submit them to PSAs for sanction of family pension. The benefit is available w.e.f. 27.07.2001 in past cases and from the date following the date of death in later cases.
This has also legal support of Division Bench judgment dated 04-05-2000 of Hon’ble Bombay High Court in Appellate Civil Jurisdiction Writ Petition No. 2145 of 2000 in case of Rajabala W/o. Mai Chand Vs Union of India & Ors. 2000 II CLR 967 Bom. Gist of the case is under:
“Pension – Family Pension payable to window of ex-Army Man – Petitioner’s husband retired from Army Service and was receiving pension – On his retirement he was employed by Public Limited Company viz., Telco, wherein he put in service of 15 years – He however died in accident – On his death, petitioner started receiving family pension under a scheme under Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 – Army however refused to release family pension on the ground that she was receiving civil family pension – Hence this petition – Allowing the petition, it is held that the decision of the respondents in not granting family pension to the petitioner is wholly illegal because the monthly pension under Family Pension Scheme under the 1952 Act or dependant’s allowance paid is payable to the petitioner by virtue of the services rendered by the husband of the petitioner in TELCO while the Army Pension is payable to the petitioner by virtue of 15 years service rendered by the husband of the petitioner in Army.”
Para 4 of the judgment: It is clearly seen from the certificate issued by TELCO which is annexed at Exhibit IX that the petitioner is receiving family pension under the provisions of the Act of 1952 because of the monthly contributions made by the deceased husband of the petitioner from this monthly wages to the Employees Provident Fund and also by the equal monthly contribution made by the company to the same fund during the period of his employment with the company. As far as the dependant’s allowance is concerned, which is equal to 50% of the basic wages and the dearness allowance, which the deceased husband was drawing at the time of his death is paid to the petitioner under the settlement reached between the company and the employees union. It is not the case of the respondents that the deceased husband of the petitioner was a civil servant or employee in civil service before the age of superannuation after leaving army. It is therefore difficult to appreciate as to how the pension received by the petitioner under the provisions of the Act of 1952 can be regarded as pension on the civil side.
Paras 5 & 6 of the judgment: In Union of India v. Visalakshy, 1998 II CLR 1166, the division bench of Kerala High Court, which confirmed the decision of the learned Single Judge, has held that the widow of the ex-Army employee (re-employed in FCI) is entitled to family pension from the army side notwithstanding the benefit of the family pension received by her under the family pension scheme under the provisions of the Act of 1952. The President of India has conveyed his sanction to the implementation of the Kerala High Court order dated 26-05-1998 regarding the grant of family pension to the widow of army employees for the services rendered by him in the Indian Army notwithstanding any other benefits that may be received by her under the family pension scheme constituted under the provisions of the Act of 1952. Surprisingly the respondent no. 2 (Controller General of Defence Accounts) has tried to over-reach the authority of the High Court by holding that the decision of the Kerala High Court cannot be made applicable to the other similar cases. The actions of the respondent nos. 2 and 3 denying army pension to the petitioner is wholly illegal and liable to be struck down.
19. Counting of military service rendered before civil employment
(1) A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment, had rendered military service, may, on his confirmation in a civil service or post, opt either -
(a) to continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military services shall not count as qualifying service; or
2(b) to cease to draw his pension and refund -
Footnote : 2. Substituted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981.
(i) the pension already drawn, and
(ii) the value received for the commutation of a part of military pension, and
(iii) the amount of 3[retirement gratuity] including service gratuity, if any,
Footnote : 3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988.
and count previous military service as qualifying service, in which case the service so allowed to count shall be restricted to a service within or outside the employee's unit or department in India or elsewhere which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government :
Provided that -
(i) the pension drawn prior to the date of re-employment shall not be required to be refunded.
(ii) the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay on re-employment shall be refunded by him,
(iii) the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account of fixation of pay shall be set off against the amount of 1[retirement gratuity] and the commuted value of pension and the balance, if any, shall be refunded by him.
Footnote : 1. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 30th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988.
EXPLANATION. - In this clause, the expression `which was taken into account' means the amount of pension including the pension equivalent of gratuity by which the pay of the Government servant was reduced on initial re-employment, and the expression `which was not taken into account' shall be construed accordingly.
(2) 2(a) The authority issuing the order of substantive appointment to a civil service or post as is referred to in sub-rule (1) shall along with such order require in writing the Government servant to exercise the option under that sub-rule within three months of date of issue of such order, if he is on leave on that day, within three months of his return from leave, whichever is later and also bring to his notice the provisions of Clause (b).
Footnote : 2. Substituted by G.I., M.F., Notification No. F. 3 (6)-E. V (A)/75, dated the 24th February, 1976.
(b) If no option is exercised within the period referred to in Clause (a), the Government servant shall be deemed to have opted for Clause (a) of sub-rule (1)
(3) (a) A Government servant, who opts for Clause (b) of sub-rule (1) shall be required to refund the pension, bonus or gratuity received in respect of his earlier military service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option.
(b) The right to count previous service as qualifying service shall not revive until the whole amount has been refunded.
(4) In the case of a Government servant, who, having elected to refund the pension, bonus or gratuity, dies before the entire amount is refunded, the unrefunded amount of pension or gratuity shall be adjusted against the 3[death gratuity] which may become payable to his family.
Footnote : 3. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W., (PIC), dated the 20th July 1988. Published as S.O. No. 2388 in the Gazettee of India dated the 6th August, 1998.
(5) When an order is passed under this rule allowing previous 1[ ] military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service, if any, in the military service and between the military and civil services.
Footnote : 1. The word `regular' omitted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981.
2NOTE.
Footnote : 2. Omitted by G.I., M.H.A., Dept. of Per. & A.R., Notification No. 6 (1)-Pen. (A)/80, dated the 30th July, 1981.
GOI’s Decision No.6 under Rule 19 –
(6) No limitation on civil pension for re-employed military pensioners drawing separate military pension.
Refer DP & PW's O.M. No. 28/7/99-P&PW(B) Vol.II Dated 11-04-2001 (reproduced below)
No.28/7/99-P&PW (B)(Vol.II)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension and Pensioners’ Welfare
Third Floor, Lok Nayak Bhavan,
New Delhi-110003.
Date the 11th April, 2001
OFFICE MEMORANDUM
Subject: Re-employed military pensioners – drawal of separate military pension –removal of limitation on Civil pension.
******************************************************
The Government employees who got re-employment after rendering civil service are governed by the provisions of Rule 18 and those who got re-employment in civil service after rendering military service, are governed by Rule 19 of CCS (Pension), Rules, 1972. Rule 18(3) provides for limitation of pensionary benefits in the second spell of civil service. Rule 19 has no such provision for limitation. However, in the case of military pensioners re-employed in civil service, Rule 18(3) of CCS (Pension) Rules, 1972 was made applicable vide DP&AR’s OM No.38/5/81-PU dated 5-3-1982.
2. The matter has been re-considered in consultation with Ministry of Finance and it has been decided that Rule 18 and 19 shall apply respectively to the civil and military re-employed pensioners. In other words, in the case of re-employment of a military pensioner in civil service, the pensionary benefits for second spell of service shall not be subject to any limitation as per provisions of Rule 18(3) of CCS (Pension) Rules, 1972.
3. The cases of re-employed military pensioners who opted for separate military and civil pension and whose cases were earlier decided otherwise, may be re-opened and pensionary benefits for civil service may be re-fixed without limitation as provided in preceding para.
4. All Ministries/Departments are requested to bring provisions of this OM to the notice of all attached/subordinate Offices and autonomous bodies under administrative control of the concerned Ministries/Departments.
Sd/-
(Sujit Datta)
Director (PW)
To
All Ministries/Departments of Government of India
[TO BE PUBLISHED IN PART II, SECTION 3, SUB SECTION (ii) OF THE GAZETTE OF INDIA]
No.28/19/2001-P&PW (B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners' Welfare
New Delhi, the 11th November 2003
N O T I F I C A T I O N
S.O.3205.--- In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely:-
1. (1) These Rules may be called the Central Civil Services (Pension) Amendment Rules, 2003.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Pension) Rule, 1972 (herein after referred to as the said rules), -
(i) in rule 13, in the second proviso, after clause (b), the following clause shall be inserted, namely:-
“(c) the provisions of clause (b) shall not be applicable in the cases of counting of military service for civil pension under rule 19 ”;
(ii) in rule 19 of the said rules, in sub-rule (1), the words "after attaining the age of eighteen years" shall be omitted.
Sd/-
(M.K. Agarwal)
Deputy Secretary (PW)
CONTD…2/-
- 2 -
FOOT NOTE:- The Central Civil Services (Pensions) Rules, 1972 were published as S.O. 934 dated 1.4.72. The fourth edition of the rules corrected up to July, 1988 was printed in the year 1988. The Rules were subsequently amended vide Department of Pension & Pensioners’ Welfare notifications given below;
S.No. Notification No. Date
1. S.O. No. 254 04.02.1989
2. S.O. No. 970 06.05.1989
3. S.O. No. 2467 07.10.1989
4. S.O. No. 899 14.04.1990
5. S.O. No. 1454 26.05.1990
6. S.O. No. 2329 08.09.1990
7. S.O. No. 3269 08.12.1990
8. S.O. No. 3270 08.12.1990
9. S.O. No. 3273 08.12.1990
10. S.O. No. 409 09.12.1991
11. S.O. No. 464 16.02.1991
12. S.O. No. 2287 07.09.1991
13. S.O. No. 2740 02.11.1991
14. GSR No. 677 07.12.1991
15. GSR No. 39 01.02.1992
16. GSR No. 55 15.02.1992
17. GSR No. 570 19.12.1992
18. S.O. No. 258 13.02.1993
19. S.O. No. 1673 07.08.1993
20. GSR No. 449 11.09.1993
21. S.O. No. 1984 25.09.1993
22. GSR No. 389 (E) 18.04.1994
23. S.O. No. 1775 19.07.1997
24. S.O. No. 259 30.01.1999
25. S.O. No. 904 (E) 30.09.2000
26. S.O. No. 717 (E) 27.07.2001
27. S.O. No.4000 28.12.2002
28. S.O. No.860(E) 28.07.2003
Sd/-
(M.K. Agarwal)
Deputy Secretary (PW)
To
The Manager,
Government of India Press,
Mayapuri, Ring Road,
New Delhi
There was a proposal at para 5.1.64 at page 347 of 6th CPC Report regarding – Families of persons drawing two pensions should be authorized to draw 2 family pensions. But unfortunately, nothing was spoken about this by the Commission.
Comment: Since 2nd service pension without limitation is now available, there is no justification to deny 2nd family pension for 2nd spell of service in view of judgments. Further, if 2nd family pension for 2nd spell of service denied, there will be a meager family pension for lesser service rendered earlier or later by not counting either one. In case of full civil service unlike re-employed military pensioner, civil employees are eligible for full pension for complete service. If military pension is retained, 2nd pension is subject to fulfilling qualifying service of re-employment. Once eligible for 2nd pension, it should also be followed by family pension without discretion. The arbitrary clause denying 2nd family pension for 2nd spell of service should required to be removed. Appropriate action by affected pensioners or by pensioners associations for such public cause deserved to be taken immediately.
K R K RAO
MA(PA).,MBA(HRM).,LLM(LL).,PGDPM.,(Ph.D.)
Senior Executive Personnel in a Navratna CPSE
Ex-Sergeant
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