Family Pension for Unmarried Daughters of Armed Forces personnel beyond 25 years of Age

No. 2(2)/2012/D(Pen/Pol)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi the 14th Dcc., 2012

To

The Chief of Army Staff

The Chief of Naval Staff

The Chief of Air Staff

Subject: Eligibility of Unmarried Daughters of Armed Forces personnel for grant of Family Pension beyond 25 years of Age.

Sir,

The undersigned is directed to refer to this Ministry’s ID No.878/A/D(Pen/Sers)/04 dated 21.9.2004 extending the provisions of Department of P&PW OM No. 1/19/03-P&PW (E) dated 25.08.2004 and this Ministry’s letter No.I (3)/2007-D(Pen/Policy) dated 25.10.07 which makes unmarried / widowed / divorced daughter eligible for family pension beyond 25 years of age subject to fulfillment of other prescribed conditions, Attention is also invited to this Ministry’s ID No.9(6)/2007-D(Pen/Policy) dated 21.2.2008 under which it was clarified in consultation with Department of P&PW that liberalized family pension/special family pension (dependent pension) was not covered under the provisions of this Ministry’s above said letter dated 25.10.2007. A lot of references are being received in this Ministry for making unmarried/widowed/divorced daughter eligible for grant of liberalized family pension/special family pension beyond 25 years of age, if otherwise in order.

References are also being received in this Ministry for dissolving the provisions contained in Regulation 230(c) of Pension Regulations for the Army Part — 1(1961) and similar provision in Pension Regulations for Navy and Air Force, which debars unmarried daughters for continuance of Special Family pension if they were in receipt of children allowance even after disqualification of all other eligible heir(s).

2. The above matter is considered by the Government and it has been decided in consultation with Department of P&PW that unmarried/widowed/divorced daughter also be eligible for grant of liberalised / special family pension beyond 25 years subject to fulfilment of other prescribed conditions as hitherto fore. It has also decided that all unmarried/widowed/divorced daughters, who were earlier or otherwise eligible for children allowance, shall also be sanctioned I liberalised family pension subject to other conditions being fulfilled. The allowance, if being paid, shall be discontinued from the date special/liberalised family pension is sanctioned under these orders. The provisions contained in Regulations 230(c), 239 & 240 of Pension Regulation for the Army Part - 1(1961) and similar provisions in Pension Regulations for the Navy and Air Force shall stand modified to that extent.

3. The family pension to unmarried/widowed/divorced daughters above the age of 25 years shall be payable if all other eligible children below the age of 25 years have ceased to receive family pension and there is no disabled child to receive the family pension. Family pension shall be payable to unmarried/widowed/divorced

daughter in order of their date of birth and younger of them shall not be eligible unless the next above has become ineligible for grant of family pension.

4. This order will take effect from 6.9.2007 i.e., the date from which Ordinary Family Pension was allowed to unmarried daughters by DoP&PW.

5. This issues with the concurrence of Finance Division of this Ministry vide their UO No. 10(8)/2012/Fin/Pen dated 21.11.12.

Hindi version will follow.

Yours faithfully,

sd/-

Under Secretary to Government of India

Source: www.cgda.nic.in

To ensure independence, bring AFT under justice ministry: HC

The Punjab and Haryana high court ruled on Tuesday that the Armed Forces Tribunal (AFT) be brought under the union ministry of law and justice, taking it out of the purview of the ministry of defence (MoD), to ensure independence in its functioning. The court directions came on a petition

by Major Navdeep Singh, founder president of the AFT Bar Association at Chandigarh, who had said that since the defence ministry had been made the parent administrative ministry of the AFT, it was "wielding all pervasive control" over the tribunal and was also the "rule-making and appointment authority not only for the staff, but also of the judicial and administrative members of the tribunal". The petition pointed out the irony that orders of the AFT had to be passed against the defence ministry.

In its ruling, thus, the HC said the administration of justice is a subject matter of the department of justice under the ministry of law and justice as per the Constitution's allocation of business. As the petition also questioned the logic of having two serving bureaucrats on the selection committee examining the suitability of serving or retired HC judges to be appointed to the AFT, the court directed that after bringing the tribunal under the law and justice ministry, suitable amendments in the selection committee could also be carried out.

The bench of chief justice AK Sikri and justice Rakesh Kumar Jain said that in India, "unfortunately tribunals have not achieved full independence". "The secretary of the concerned 'sponsoring department' sits in the selection committee for appointment. When the tribunals are formed, they are mostly dependant on their sponsoring department for funding, infrastructure and even space for functioning. The statutes constituting tribunals routinely provide for members of civil services from the sponsoring departments becoming members of the tribunal and continuing their lien with their parent cadre," the bench added. "Unless wide-ranging reforms as were implemented in United Kingdom and as were suggested by Chandra Kumar (a Supreme Court judgment) are brought about, tribunals in India will not be considered as independent."

The court also directed that all vacancies of judicial members' posts in the Chandigarh bench of AFT be filled up in the near future.

(Source-Hindustan Times)

Law Ministry to control AFT: High Court

Chandigarh, January 8
The Punjab and Haryana High Court today ordered that the Armed Forces Tribunal (AFT) be shifted from the administrative control of the Ministry of Defence to the Ministry of Law. Taking stock of the legal position and earlier directions by the Supreme Court, a Division Bench comprising Chief Justice AK Sikri and Justice RK Jain ruled: “Insofar as the Armed Forces Tribunal is concerned, there is hardly any issue that it be brought under the control of Department of Justice in the Ministry of Law and Justice. Mechanism for control over the Armed Forces Tribunal can be worked out by the Department of Justice. Accordingly, we issue a direction to this effect.”

Stating that the AFT Act does not specify as to which ministry should wield control over it, the Bench observed that tribunals in India have not achieved full independence. “The apex court has observed that unless a wholly independent agency of all such tribunals is set up, it is desirable that all such tribunals, as far as possible, be under a single nodal ministry, which will be in a position to oversee the working of these tribunals. For a number of reasons that ministry should appropriately be the Ministry of Law,” the Bench said.

 The judgment, according to legal experts, would go a long way in establishing the independence of judicial functioning through separation of the Judiciary from the Executive. At present, the AFT functions under the MoD, which is a respondent in all cases filed before the tribunal. A public interest litigation filed by Navdeep Singh, a local lawyer, had pointed out that the Supreme Court had already held that tribunals could not be made dependent on the sponsoring or parent ministries and to ensure their independence they could only be supervised by the Law Ministry. The petition had contended that all orders by the AFT were to be passed against the MoD and the same ministry had been made the parent controlling ministry of the tribunal, wielding all pervasive control over the AFT, including appointments, funding, rule-making and infrastructure, thereby making it seem more of an extension of the state rather than an independent judicial body. The petition also pointed out that non-appointment of judicial members after their retirement had resulted in absolute absence of judicial remedy to serving and retired personnel at some places. The Chandigarh Bench, having the largest jurisdiction of five states was also partially functional with only one judicial member appointed out of three. The petition had sought provisioning of proper infrastructure, accommodation and courtesy to the institution of AFT and its members.

Big change

• Currently, the AFT functions under the MoD, which is a respondent in all cases filed before the tribunal.
• The judgment, according to legal experts, would go a long way in establishing the independence of judicial functioning through separation of the Judiciary from the Executive.
• A PIL filed by Navdeep Singh, a lawyer, had pointed out that the SC had already held that tribunals could not be made dependent on the sponsoring or parent ministries and to ensure their independence they could only be supervised by the Law Ministry
• (Source-The Tribune) 

DISCUSSION ON OROP IN HEADLINES TODAY

WATCH THE DISCUSSION ON OROP IN HEADLINES TODAY TELECAST ON  16.12.2012 AT 5 PM

ECHS NEW ALL INDIA CARD

All those having old card are requested to get new All India  ECHS CARDS by submitting an application with all your details CLICK HERE for application form. New card can be used any where in India.

Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012.

Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012. have been issued. Please CLICK HERE for the same.

Update on OROP by Lt Gen Raj Kadyan

Dear Colleagues,

          I had a fruitful meeting with the Secretary Ex Servicemen Welfare Department in the Ministry of Defence today. Mr Chibber, who has recently assumed the appointment, has had family connection with the Defence Services. 

          At the start he mentioned that when he took over, his peer Secretaries told him to work on OROP. This is a happy indicator of the bureaucrats’ sensitivity towards the issue. During discussion it became apparent that he had not fully grasped the nuances of OROP. For example, he quoted a discussion with a recently retired Colonel and pointed out that the latter was getting more pension than a Joint Secretary acquaintance of his, who had superannuated in the Nineteen Eighties. When I pointed out that the JS had served six years longer than the colonel and this needed to be factored in the comparative calculus, he at once grasped the issue. He finally appeared convinced why OROP should be applicable exclusively to Defence pensioners. 

          I touched on the issue of the Sepoys’ widows not being included in the proposed enhancement now under consideration. He had already received this input (through my note that I had given to the Defence Minister on 10 November) and agreed that it was an inadvertent omission on the part of The Cabinet Secretaries Committee and that he had already told the staff concerned and was hopeful they would be able to include them in the enhancement. 

          While agreeing that errors can happen, I pointed out that the rank pay shemozzle and putting four officer ranks on an equal pension after the Sixth Pay Commission, were not simple omissions. Clearly contrary to the pay commission recommendations these were prima facie acts of deliberate commission. I underscored the fact that unless the guilty are identified and punished, recurrence would happen. 

          On my asking he reconfirmed that the government orders on the pension enhancement should be out within this month. 

    

--
Best regards,

 

Lt Gen Raj Kadyan

Chairman IESM

262, Sector - 17A

Gurgaon - 122 001

GRAND FAREWELL TO BRIG(RETD) C.S.VIDYA SAGAR DIR. SAINIK WELFARE, A.P.

A GRAND FAREWELL WAS GIVEN TO BRIG(RETD) C.S.VIDYASAGAR DIRECTOR, SAINIK WELFARE, ANDHRA PRADESH WHO HAS RETIRED ON 7.11.2012 AFTER SERVING ABOUT SIX YEARS  BY EX-SERVICEMEN WELFARE ASSOCIATION, HYDERABAD EAST.

EX-SERVICEMEN -EXEMPTION FROM TOLL TAX

SBI OLD CHEQUES NOT VALID AFTER 31.12.2012

FAREWELL TO BRIG(RETD) C.S.VIDYA SAGAR DIR. SAINIK WELFARE, a.p.

BRIG(RETD) C.S.VIDYA SAGAR DIR. SAINIK WELFARE,

ANDHRA PRADESH 

THERE WILL BE A MONTHLY MEETING ON 4.11.2012 AT 1600 HRS. AT TEJASWI CAR COATS. A FAREWELL ALSO BEING ARRANGED TO BRIG.(RETD) C.S.VIDYA SAGAR DIRECTOR OF SAINIK WELFARE ANDHRA PRADESH WHO IS DUE TO RETIRE ON 7.11.2012. ALL THE MEMBERS ARE REQUESTED TO ATTEND THE MEETING AND MAKE IT A GRAND SUCCESS. WE ALSO INVITE ALL THE EX-SERVICEMEN IN HYDERABAD FOR THE FAREWELL  MEETING.

-P.Manohar Reddy

General Secretary

Ex-Servicemen Association, Hyderabad East.

Mobile: 9246362989

 

LETTER ADDRESSED TO PM,MOD,CAS ETC. ON RANK HELD FOR LAST 10 MONTHS

NEW DEFINITION OF EX-SERVICEMEN & RESERVATIONS IN GOVT

New Ex-Servicemen Categories and Notification

Project 'SANGAM' for Defence Pensioners Launched

This software project is one step forward from the project 'SUVIGYA'
which was launched in October last year on the occasion of Defence
 Account Department Day and is very popular among defence pensioners.
The pension payment orders to be issued using 'SANGAM' software will
 be a special corrigendum pension payment system which will contain all
 the basic details of original pension payment order. It will also have details
 of family pension, disability pension and any other type of pension available
to a pensioner. The new corrigendum pension payment order is unique in the
 sense that it gives new ID to each pensioner which will be helpful in readily
 accessing all data relating to a pensioner.
There are about 18 lakh defence pensioners who will be benefitted with the
 launch of project 'SANGAM' in the long run. It will also help in grievance
 redressal of pensioners with regard to the correctness of payment of pension.
The software has been developed in house by a team of officers from IT wing
 of Controller General of Defence Accounts, headed by Shri Murli Krishnan,
Sr ACGDA (IT).
Source : pib.nic.in/
pib.nic.in/newsite/erelease.aspx?relid=73367

IAF Inaugurates Directorate of Air Veterans for Retired IAF Personnel

 The Chief of the Air Staff, Air Chief Marshal NAK Browne, inaugurated the Directorate of Air Veterans today. The Directorate would be committed to looking after the pensionary and welfare aspects of all retired Air Force personnel. Inaugurating the Directorate, the Air Chief said “It gives me great pleasure to dedicate the new Directorate to the Air Warriors, who have contributed so much to the growth of the IAF. The Directorate would provide value added services to both our retiring as well as retired air warriors and coordinate all aspects, hitherto being handled by different directorates”

The institution of Directorate of Air Veterans is an effort towards bringing under one roof, the various departments dealing with different aspects of Air Veterans, so that, the IAF veterans do not have to approach different agencies for their welfare and pensionary problems. This directorate will function under the Air Officer-in-Charge Administration (AOA), that would be headed by an Air Vice Marshal who looks after the responsibility of Assistant Chief of the Air Staff (Accounts) and would be re-designated as Assistant Chief of the Air Staff (Accounts and Air Veterans) henceforth.

To give focused attention to the needs of Air Veterans, this single window to approach IAF for assistance with respect to pensionary and welfare issues, will deal with various Civil Government departments on matters pertaining to Veterans of the IAF, so that issues affecting them are taken up in a consolidated manner effectively.

The Directorate will also operate through a website called ‘http://iafpensioners.gov.in’ for grievances related to pensionary aspects.

GG/PJ/DK
(Release ID :88140)

EXPECTED TABLE OF PENSIONS FOR SGT & BELOW

New Pension

SUGGESTIONS ARE WELCOME. THERE MAY NOT BE ANY CHANGE IN RESPECT OF JWO AND ABOVE. WEIGHTAGE OF TWO YEARS EXPECTED TO BE GIVEN TO POST 2006 RETIREES IS NOT KNOWN AS THE PENSION IS FIXED @ 50% ON THE LAST PAY FOR THEM.