Revision of pension of Pre-2006 pensioners- inclusion of non-practicing Allowance (NPA) for revision of pension for Armed Force Pensioners/Family pensioners
— In case of pre-1996 retired Medical officers of Armed Forces, NPA @ 25% shall be added to minimum of scale of pay as on 1.1.1996 subject to the ceiling that pay plus rank pay plus NPA shall not exceed Rs 29,500/-
— In case of pre-2006 retired Medical officers of Armed. Forces, NPA @ 25% shall be added to the minimum of the pay in the pay band plus the grade pay and Military Service Pay, where applicable, subject to the ceiling that pay plus grade pay plus Military Service Pay wherever applicable and. NPA, shall not exceed Rs 85,000/-.
No 1(7)12014-D(Pen/Pol)
Government of India
Ministry of Defence
D(Pension/Policy)
New Delhi, Date: 31 st July 2015
To
The Chief of Army Staff The Chief of Naval Staff The Chief of Air Staff
Sub: – Revision of pension of Pre-2006 pensioners- inclusion of non-practicing Allowance (NPA) for revision of pension for Armed Force Pensioners/Family pensioners.
Sir,
The undersigned is directed to refer provisions contained in this Ministry’s letter No I (1)/99(Pension/Services) dated 7.6,1999 and even number dated 11.9.2001. The MoD’s letter dated 7.6.1999 provides that with effect from 1.1.1996, pension/family pension of all Armed Forces pensioners, irrespective of their date of retirement, shall not be less than 50% / 30% respectively, of the minimum pay in the revised scale of pay introduced with effect from 1.1.1996 of the rank, and rank Group (in case of PBOR) ‘held by the pensioner. MoD letter dated 11.9.2001, however, stipulates that Non Practicing Allowance (NPA) shall not be added to minimum of revised scale of pay introduced with effect from 1.1.1996 of the rank held by the pensioner at the time of retirement. It was also clarified vide this Ministry letter No 17(4)12008(1)/D(Pen/Policy) dated 16.3.2010 that while revising pension of pre-2006 retirees Medical officers of Armed Force from 1.1.2006, NPA element shall not be added to determine the emoluments for minimum guaranteed pension in terms of Para 5 of this Ministry’s letter No 17(4)12008(1)/ D(pen/Policy) dated 11.11.2008.
2. In implementation of Hon’ble Supreme Court order dated 27.11.201.3 in Civil Appeal No 10640-46/2013, Government of India, Ministry of Personnel, Public Grievances & Pension, Department of Pension and. Pensioner Welfare, in consultation with Ministry of Finance, Department of Expenditure and Ministry of Law, Department of Legal Affairs, has issued three OMs bearing No 38/31/11-P&PW(A) (Vol-IV) dated 14.10.2014, dated 21.10.2014 and dated 18.02.2015. It has been decided therein that while determining minimum guaranteed pension of past retirees from 1.1.1996 in terms of DP&PW OM dated 17.12.1998, with effect from 1.1.2006 in terms of DP&PW OM dated 1.9.2008, and with effect from 24.09.2012 in terms of DP &PW OM dated 18.02.2015, the NPA element, shall be added to the minimum of the revised pay scale subject to maximum ceiling prescribed from time to time.
3. Matter was under consideration of the Government for quite some time to extend the said provisions for Armed Forces personnel also who were drawing
NPA element at the time of their retirement. It has now been decided that in case of pre-1996 retired Medical officers of Armed Forces, NPA @ 25% shall be added to minimum of scale of pay as on 1.1.1996 while determining minimum guaranteed pension/family pension in terms of this Ministry letter No 1 (1 )/99 (Pen/Sers) dated 07.06.1999 subject to the ceiling that pay plus rank pay plus NPA shall not exceed Rs 29,500/, It has also been decided that in case of pre-2006 retired Medical officers of Armed. Forces, NPA @ 25% shall be added to the minimum of the pay in the pay band plus the grade pay and Military Service Pay, where applicable, while determining minimum guaranteed pension/ family pension from 1.1.2006 in terms of Para 5 of this Ministry letter No 17(4)/2008(1)/D(Pen/Policy) dated 11.11.2008 subject to the ceiling that pay plus grade pay plus Military Service Pay wherever applicable and. NPA, shall not exceed Rs 85,000/-. Similarly, for revision of pension/family pension with effect from 24.9.2012, NPA @ 25% shall also be added to the minimum of the fitment table for the rank in the revised pay band as indicated under fitment tables annexed with SA1 2/S/2008 and equivalent instructions for Navy and Air Force, plus Grade pay and Military Service Pay, where applicable, for determining minimum guaranteed pension in terms of this Ministry’s letter No 1 (11 )/2012- D(Pen/Policy) dated 17.1.2013, as modified vide letter dated 25.11.2014 subject to the ceiling that pay plus grade pay plus Military Service Pay wherever applicable and NPA, shall not exceed Rs 85,000/-.
4. The provisions contained in this Ministry’s above quoted letters dated 7.6.1999, dated 11.9.2001, dated 11.11.2008, dated 16.3.2010 and dated 17.1.2013 and dated 25.11.2014, stands modified to the above extent.
5 This issues with the concurrence of Ministry of Defence(Fin) vide their ID No. 18(7)2006/Fin.Pen dated 20.07.2015
6. Hindi version will follow.
Yours faithfully,
(Prem Parkash)
Under Secretary to the Govt. of India
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COMMENTS
Many thanks. The medical officers of all Central Govt services were denied NPA due to miscalculation while applying recommendations of V CPC in 1998. This led to massive legal battle which ended in SC in July 2014 favouring of medical officers. The Govt opposed it tooth and nail. Al other central govt depts have already paid the dues. Defence Ministry has finally done needful now. However, we should get compensation by way of interest, for which legal battle wil continue.