Payment of family pension in respect of a child suffering from a disorder or disability of mind: PCDA(P) Circular No. 227
OFFICE OF THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION)
DRAUPADI GHAT, PRAYAGRAJ – 211014
No. AT/TECH/63/Vol-I
Dated:18/07/2022
Circular No.227
To
1. The Chief Accountant, RBI Deptt. of Govt. Bank Accounts,
Central office C-7, Second Floor, Bandre- Kurla Complex,
P B No. 8143, Bandre East Mumbai-400051
2. The Director of Treasuries of all states …….
3. |The Manager CPPC of Public Sector Banks including IDBI
4. The CDA (PD) Belvedere Complex, Ayudh Path, Meerut-250001
5. The CDA-618, Anna Salai, Teynampet, Chennai-600018
6. The Nodal Officers (ICICI/ AXIS/HDFC Bank)…
7. The Pay & Accounts Officers
8. The Post Master Kathua (J&K)
9. All Public Sector Banks
10. Military and Air Attache, Indian Embassy Kathmandu, Nepal.
11. The all DPDOs
12. All Record Offices (Army/Navy/Air Force)
13. Services HQrs. IHQ of MoD (Army/Navy/Air Force)
14. All Head of Offices (Defence Civil Organizations)
15. PCDA(O), Golibar Maidan, Pune
16. SPARSH (Army/Navy/Air Force) O/o the PCDA(Pensions) Prayagraj-211014
Sub: Payment of family pension in respect of a child suffering from a disorder or disability of mind through the person nominated by the Government servant/pensioner/family pensioner reg.
Ref: Ministry of Personnel, Public, Pension & Pensioners’ Welfare letter No. 1/4/2021-P & PW (E) Part-I dated 19/01/2022.
Please find enclosed herewith a copy of Ministry of Personnel, Public, Pension & Pensioners’ Welfare, Deptt. of P&PW letter No. 1/4/2021-P & PW (E) Part-I dated 19/01/2022 on the subject.
2. It has been brought to the notice of the ministry that Pension Disbursing Banks are not allowing family pension in respect of a mentally retarded child through the person nominated by the pensioner or his/her spouse in accordance with Rule 50(9)(h)(vii) of the CCS (Pension) Rules, 2021 (earlier clause (vi) of second proviso to Rule 54(6) of the CCS (Pension) Rules, 1972 in spite of the fact that such nomination has been duly incorporated in the Pension Payment Order issued to the mentally retarded child. These banks insist for payment of family pension through a guardianship certificate issued by a court of law. Ministry of PP&PW have expressed that it would defeat the purpose of such nomination and would also amount to violation of the statutory provisions of the CCS (pension) rules, 2021.
3. Rule 50(9)(h)(vii) of the CCS (Pension) Rules, 2021 (earlier clause (vi) of second proviso to Rule 54(6) of the CCS (Pension) Rules, 1972, however provides that in the case of a mentally retarded son or daughter, the family pension can be paid to a person nominated by the Government Servant or the pensioner, as the case may be, and in case, no such nomination has been furnished to the Head of Office by such Government servant or family pensioner, as the case may be, later on. The Guardianship Certificate issued under Section 14 of the National Trust Act, 1999 (44 of 1999), by a Local Level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of the person suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act. In view of the facts, ministry have directed to follow the said provisions so that undue harassment of such type of family pensioners can be avoided and the purpose of such nomination cannot be defeated and the statutory provisions of the CCS (pension) rules, 2021 cannot be violated also.
4. Ministry of Defence, Department of Ex-Servicemen Welfare, D(Pen/Policy) have also directed to issue similar instructions for Defence pensioners/Family pensioners vide their ID No.2(2)/2022/D(P/)) dated 29.03.2022.The provisions contained in Ministry of Personnel, Public, Pension & Pensioners’ Welfare, Deptt. of P&PW letter No. 1/4/2021-P & PW (E) Part-I dated 19/01/2022 will apply mutatis mutandis in the case of Defence pensioners/Family pensioners.
5. Therefore, keeping in view the above directions of the ministry, all Pension Disbursing Authorities are requested to take immediate necessary action in all affected cases to avoid undue delay as well as financial hardship to such family pensioners.
sd/-
(Vikas.M.Moharir)
Asstt. Controller (Pensions)
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