None
Skip to mainDEPARTMENT OF EX-SERVICEMEN WELFARE (DESW)
STATUS ON THE RECOMMENDATIONS OF THE OF RAKSHA MANTRl’s COMMITTEE OF EXPERTS CONCERNING DESW
Sr. No. | Recommendation | Status |
6. |
2.2.6 REQUIREMENT OF 10 MONTHS’ SERVICE IN A PARTICULAR RANK TO EARN THE PENSION OF THAT RANK |
Partially accepted |
Recommendation:
2.2.6 REQUIREMENT OF 10 MONTHS’ SERVICE IN A PARTICULAR RANK TO EARN THE PENSION OF THAT RANK:
Since this issue has led to, and is leading to multiple litigation in Courts, the Committee recommends that no appeals be filed before the Supreme Court on the 10 months’ stipulation since not only is the issue covered by the Constitution Bench decision of the Supreme Court in DS Nakara’s case but also the stand taken against the proposition defies all logic since such personnel are being forced to accept pension of a lower rank than the one in which they had retired and that too by impishly reintroducing ‘a negative stipulation without the sanction of the ·cabinet, which anyway stands abrogated with effect from 01-01-2006. In future, it may be taken care to grant pensions based on the rank last held, as is the case on the civil side, and not based on the last rank held for 10 months.
Status:
Partially Accepted:
RM’s Committee of Expert have recommended following:-
(i) No appeals be filed before the Supreme Court on 10 month stipulation;
{ii) In Future, it may be taken care to grant pension based on the rank last held, as is the case on the civil side and not based on the last rank held for 10 months.
2, As regards, recommendation at {i), it is brought out that the stipulation of serving in the rank for minimum 10 months in respect of Pre- 2006 retiree PBORs is along with the provisions of fixing the pension at the maximum of the scale, even if no individual actually reaches at the maximum. If the individual has equal to or more than 10 months service in particular rank, his pension is calculated on the maximum of the scale for that rank, only in case if he has less than 10 months service in that rank, his pension is calculated on the maximum of the scale of previous rankk. Hence doing away the stipulations of 10 months residency period in the rank while maintaining the above provision (maximum of the scale basis) is not logical as it would grant dual benefit on the same accord and hence this part of recommendations does not hold merit.
2.1. In Civil Side, the pension during 5th CPC regime was paid at the rate 50% of the average emoluments drawn during the last 10 months of service (not on the maximum of the pay scale of the rank/post held at the time of retirement]. If an individual had not completed 10 months on a particular post, for remaining period, pay of previous post would be taken for calculation of average emoluments,
2.2. Regarding the second part of recommendation, it is stated that post 2006 retirees are being given pension which is 50% of the last emoluments drawn and hence this is already being implemented.
3. MoD{Fin/ Pen) has not supported the recommendations of the Raksha Mantri’s Committee of Experts regarding de/inking of the stipulation of 10 months of service in the rank for earning pension of that rank in respect of pre· 2006 pensioners and concurred the views of this Department.
🕑 24 Mar, 2024 08:01 AM
Minutes of the DC/JCM (Railways) and Staff Side Meeting held on 15-16 Feb
🕑 20 Mar, 2024 09:23 AM
Pensioners Samaj on discrematory nature of railway Notional Increment order
🕑 20 Mar, 2024 09:14 AM
BSNL non-executive staff wage revision: Record of Joint Committee discussion
🕑 19 Mar, 2024 10:36 AM
50% for CDA pattern employees of CPSEs in 7th CPC pay
🕑 18 Mar, 2024 01:16 PM
Changes in Reimbursement of Children Education Allowance as per NEP 2020
🕑 18 Mar, 2024 01:13 PM
Holiday declare for 14th April, 2024 – Birthday of Dr. B.R. Ambedkar
🕑 18 Mar, 2024 01:04 PM
Revised Flexible Complementing Scheme for Scientists
🕑 15 Mar, 2024 09:33 AM
Dearness Relief to Central Government pensioners from January 2024
🕑 14 Mar, 2024 02:07 PM
Govt bans 18 vulgar 18 OTT. See the list here
🕑 08 Mar, 2024 01:49 PM
Pension Scheme Gains Traction Across States, Despite Central Hurdles
🕑 20 Feb, 2024 11:17 PM
CGHS rate for general surgery applicable from February 1, 2024
🕑 08 Feb, 2024 10:19 AM
No loan interst change as RBI maintains repo rate at 6.50% for the 6th time
🕑 07 Feb, 2024 08:28 PM
The Evolving Role of Pay Commissions in India: Mandatory or Myth?
🕑 05 Feb, 2024 03:50 PM
How much you take home increase after DA hike?
🕑 03 Feb, 2024 07:59 PM
Guaranteed Benefits in NPS: Election Gambit or Endgame for Retirees?
🕑 03 Feb, 2024 07:46 PM
Budget 2024. Benefit up to ₹ 25000. One in eight taxpayers to benefit