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Revision of Pension of Pre-2006 Medical Officer Pensioners from 01.01.1996 by adding NPA with Pay

Revision of Pension of Pre-2006 Medical Officer Pensioners from 01.01.1996 by adding NPA with Pay – Department of Pension and Pensioners’ Welfare issues Orders

After Hon’ble Supreme Court dismisses the review Petition filed by Department, Order has been issued by Department of Pension to include NPA with Pay for the purpose of calculating Pension with effect from 01.01.2006.  The text of this order is given below.  All Pre-2006 Medical Officer Pensioners who were in receipt of Non-Practicing Allowance prior to 2006 will be benefited by this Order.

However, Government is yet to implement the revision of pension of pre-2006 Pensioners with effect from 01.01.2006 as per fitment table applicable to serving Central Government Employees.  Government has issued orders to implement revision of Pension of 2006 Pensioners as per fitment table with effect from 2012.  The case of Pre-2006 Pensioners for grant of this revision from 01.01.2006 filed before CAT, Delhi, has been upheld by Hon’ble Supreme Court.  However, Government has implemented the CAT’s Order  only in respect of Petitioners who have filed this case and not to all Pre-2006 Pensioners.

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No.38/31/11 P&PW(A)(Vol. .IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and P.W
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi.
Dated the 14th October, 2014
OFFICE MEMORANDUM

Subject : Revision of pension of pre-1996 pensioners – inclusion of Non Practicing Allowance (NPA) for revision of pension of retired medical officers wet. 1.1.1996.

The undersigned is directed to say that in this Department’s OM No.45/10/98-P&PW(A) dated 17.12.1998, it was provided that pension of ali pensioners irrespective of their date of retirement would not he less than 50% of the minimum of the revised scale of pay introduced W.e.f. 1.1.1996. In this Departments OM No.45/3/99-P&PW(A) dated 29.10.1999, it was clarified that in the case of retired medical officers, Non-Practicing Allowance (NPA) was not to be added to the minimum of the revised scale of pay as on 1.1.1996 for stepping up of the consolidated pension/family pension to 50% / 30% respectively, in terms of the OM dated 17.12.1998.
2. In its judgment dated 27.1 1.2013 in Civil Appeal No.10640-46/2013 and other connected matters, H’on’ble Supreme Court has observed that in accordance with Ministry of Health and Family Welfare’s OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts as pay for all service benefits including retirement benefits. Hon’ble Supreme Court has further observed that clarification issued vide this Department’s aforesaid OM dated 29.10.1999 is legally unsustainable. Hon’ble Supreme Court has directed to recalculate the pension payable to the Applicants (i.e. pre 1996 retired medical officers) by adding the element of NPA. The Review Petitions filed by the Government against the above mentioned judgment have been dismissed by Hon’ble Supreme Court on 3 1 .7.14.
3. It has now been decided, in consultation with Ministry of Finance, Department of Expenditure and Ministry of Law, Department of Legal Affairs to implement the judgment dated 27. l 1 .2013 of Hon’hie Supreme Court in CA 10640-46 of 2013 and other connected matters. Accordingly, in the case of pre-1996 retired medical officers, NPA @ 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay scales from which the pensioner had retired, in cases where consolidated pension/family pension was to be stepped up to 50% / 30% respectively of the minimum of revised pay-scale in terms of OM No.45/10/98-P&PW(A) dated 17.12.1998 read with OM No.45/86/97-P&PW(A) (Pt.) dated 11.5.2001.
4.This issues with the approval of Ministry of Finance, Department of Expenditure vide their I.D. No. 518/E-V/2014 dated 29.9.2014.

5.  Hindi version will follow.

(Tripti P. Ghosh)
Director

Download Department of Pension and Pensioners’ Welfare Office Memorandum No.38/31/11 P&PW(A)(Vol. .IV) dated 14.10.2014

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