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Divyang children of a deceased government servant/pensioner will get major hike in the Family Pension emoluments
Ministry of Personnel, Public Grievances & Pensions
Union Minister Dr. Jitendra Singh says, Divyang children of a deceased government servant/pensioner will get major hike in the Family Pension emoluments
Says, instructions to this effect have been issued by the Department of Pensions and Pensioners’ Welfare.
Posted On: 08 AUG 2021 5:40PM by PIB Delhi
Union Minister of State (Independent Charge) Science & Technology, Minister of State (Independent Charge) Earth Sciences, MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said here today that the Divyang children of a deceased government servant/pensioner will get major hike in the Family Pension emoluments and that the instructions to this effect have been issued by the Department of Pensions and Pensioners’ Welfare.
Briefing about this landmark decision, Dr Jitendra Singh said, it is in keeping with Prime Minister Narendra Modi's special emphasis on the dignity and care of such children. He said, this decision seeks ease of living and better economic conditions for the Divyang or disabled survivors, who require greater medical care and financial assistance.
The Minister further informed that instructions have been issued to liberalise the income criteria for eligibility of a child/sibling of a deceased government servant/pensioner for grant of Family Pension under CCS(Pension) Rules 1972. The Government is of the view that the income criteria for eligibility for family pension, applicable in the case of other family members, may not be applied in the case of a child/sibling suffering from a disability, he said.
Accordingly, said Dr Jitendra Singh, the Government has reviewed the income criteria for eligibility for family pension in respect of a child/sibling, suffering from a disability and has decided that the income criteria for eligibility for family pension to such children/siblings shall commensurate with the amount of the entitled family pension in their case.
The Department of Pensions & Pensioners' Welfare, said the Minister, has issued instructions/orders that a child/sibling of a deceased Government servant/pensioner, who is suffering from a mental or physical disability, shall be eligible for family pension for life, if his/her overall income, other than family pension, is less than the entitled family pension at ordinary rate i.e. 30% of the last pay drawn by the deceased Government servant/pensioner plus the Dearness Relief admissible thereon.
As per Rule 54(6) of the CCS (Pension) Rules, 1972, a child/sibling of a deceased Government servant or pensioner, suffering from a mental or physical disability, is eligible for family pension for life if he or she is suffering a disability which renders him unable to earn his livelihood. Presently, a member of the family, including a child/sibling suffering from a disability, is deemed to be earning his livelihood, if his/her income from sources other than family pension, is equal to or more than the minimum family pension i.e. 9000/- and the Dearness Relief admissible thereon.
In the case of a child/sibling, suffering from a mental or physical disability, who is presently not in receipt of a family pension due to non-fulfilment of the earlier income criteria, family pension shall be granted to him/her, if he/she fulfils the new income criteria and also fulfilled the other conditions for grant of family pension at the time of death of Government servant or pensioner or previous family pensioner. The financial benefits, in such cases, shall, however, accrue prospectively and no arrears for the period from the date of death of Government servant/ pensioner/previous family pensioner shall be admissible.
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NOTIONAL INCREMENT FOR PENSIONERS
RAJYA SABHA UNSTARRED QUESTION NO. 2045
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
RAJYA SABHA
UNSTARRED QUESTION NO. 2045
(TO BE ANSWERED ON 05.08.2021)
NOTIONAL INCREMENT FOR PENSIONERS
2045 DR. C.M. RAMESH:
Will the PRIME MINISTER be pleased to state:
(a) whether Central Administrative Tribunal (CAT), Allahabad Branch, Allahabad, by its order dated 26/02/2021 stated that whoever retired from Government Service on 30th June in different years are eligible for notional increment and matters are always judged ‘in rem’ and cannot be interpreted as ‘personam in nature,’ the details thereof; and(b) by when DoPT is going to issue necessary orders for these pensioners as above and also in light of Supreme Court judgement on same issue vide its Order dated 23/07/2018 and Review Petition No. 1731/2019 vide its Order dated 08/08/2019, the details thereof and if not, reasons therefor?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)
(a): CAT, Allahabad Bench in its Order dated 26.2.2021 in O.A. No.330/00146/2020 has, interalia, observed that the matters relating to pay fixation are governed by uniform policy of the Government and therefore any judgment in these matters are always in remand cannot be interpreted as judgment in personam.
Department of Revenue, Respondent No. 1, has informed that the Order dated 26.2.2021 in O.A. No.330/00146/2020 has been challenged vide Writ Petition WRIA 7911/2021 before Allahabad High Court, Allahabad.
(b): Several judgments/orders on the matter of grant of notional increment to those Central Government servants who have retired on 30th June/31st December, have been pronounced by Courts/CATs. The order dated 23.07.2018 and dated 08.08.2019 of the Supreme Court relating to the judgement dated 15.09.2017 of High Court of Madras in W.P. No.15732 of 2017 in case of P. Ayyamperumal was considered as ‘in personam’ and not ‘in rem’.
On the other hand, in a similar case on the same subject matter, vide judgement dated 29.03.2019, while dismissing the SLP(C) Dy. No.6468/2019 in the case of UoI vs. Sakha Ram Tripathi, the Supreme Court has kept the questions of law open.
Further, in the matter of Ministry of Railways wherein CAT, Bengaluru Bench have allowed grant of notional annual increment to an employee who superannuated from service on 30.06.2014, the Supreme Court, in SLP(C) No.4722/2021, vide order dated 05.04.2021, has stayed operation of the said Order dated 18.12.2019
GRAMIN DAK SEVAKS (GDS) - SERVICE MATTERS
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Rafi Ahmed Kidwai National Postal Academy,
Ghaziabad - 201 002
PAYMENT OF FAMILY PENSION, DEATH GRATUITY AND OTHER DUES TO THE FAMILY ON DEATH OF A GOVERNMENT SERVANT DURING SERVICE –REG
TA-3-6/3/2020-TA-III/CS-4308/61
Ministry of Finance
Department of Expenditure
Office of Controller General of Accounts
Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA, New Delhi
Dated: 02/08/2021
Office Memorandum
Subject: Payment of family pension, death gratuity and other dues to the family on death of a Government servant during service -reg.
Reference is invited to Department of Pensions & Pension Welfare’s OM NO I/11/2021-P&PWE dated 03.06.2021 (copy enclosed) regarding the subject above.
All the Pr. CCAs/CCAs/CAs (ICs) of the respective Ministries/Departments are requested to ensure strict compliance of the said OM. It Is also incumbent on all concerned to ensure that the family pension and other dues in respect of the deceased employees in such cases are released to their families on priority basis, without looking at the maximum time limit prescribed in the CCS (Pension) Rules and CGAs OM issued dated 19th Feb 2021 in this regard for processing such cases.
2. It is also to be ensured that the provisional family pension may continue to be paid for the month in which claim is received by PAO from Head of Office and till the period PPO is prepared and dispatched to CPAO in such a manner that disbursement of family pension to the family pensioner for the succeeding month is commenced by the bank without any disruption in continuous receipt of family pension at any point of time. Therefore, PAO shall indicate the date from which the family pension Is authorized in the PPO to be paid by the Bank.
(Ashish Kumar Singh)
Dy. Controller General of Accounts
