Tuesday, 10 August 2021
Monday, 9 August 2021
Divyang children of a deceased government servant/pensioner will get major hike in the Family Pension emoluments
Ministry of Personnel, Public Grievances & Pensions
Strict compliance of the provisions contained in the Flag Code of India 2002 and The Prevention of Insults to National Honour Act, 1971
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RAJYA SABHA UNSTARRED QUESTION NO. 2045
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
UNSTARRED QUESTION NO. 2045
(TO BE ANSWERED ON 05.08.2021)
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?
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
PAYMENT OF FAMILY PENSION, DEATH GRATUITY AND OTHER DUES TO THE FAMILY ON DEATH OF A GOVERNMENT SERVANT DURING SERVICE –REG
Ministry of Finance
Department of Expenditure
Office of Controller General of Accounts
Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA, New Delhi
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