RANK LAST HELD AND RANK FOR WHICH PENSIONED - 10 MONTHS CASES.

Addressed to

DESW /CGDA/PCDA(P)

CONFUSSING / CONTRADICTING  CDACIRCULARS –

397,  430  ,501  ,551  AND 555 ON

RANK LAST HELD  AND RANK FOR WHICH

 PENSIONED.

Dear sirs,

There are a lot of contradictions in the circulars with regard to how to fix the pension based on each of the above quoted circulars. This has not only created confusion but different pensions being paid for veterans who retired in the same rank but some with less than 10 months service in the rank.

This issue was taken up by the Indian Ex servicemen Movement also  with the DESW in Jan 2013

1.     As per Vth PC,  Ministry of Personnel, Public Grievances and Pension Deptt. Of   P & PW- OM NO: 45/10/98-P&PW(A) dated 17-12-1998,-that the Pension may be revised w.e.f 1-1-1996 for the Rank and Group ( in case of PBOR) last held by the pensioner.

2.      GOI.MOD Letter No: B/39013/AG/PS-4(A&C) 131/A

Dated 9-2-2001, Clarified that 10 months service in a particular Rank is not required to earn pension for that Rank.

3.     As per  GOI. MOD –DESW Letter No: 17(4) 2008(1)/d(Pen/Policy)   dated 11-11-2008-  Cir. 397- says“ Consolidation of pension of Pre- 2006 retirees vide Note 1 below Annexure-III of CDA cir 397-  clearly states that  “ Rank means –Rank last held  and not the Rank for which pensioned “

4.     CDA cir 430-&  GOI-MOD letter No: PC 10(1)/2009-d/(Pen/Poly) dated 8-3-2010 para -2  says  “ 10 month period for the Rank last held is mandatory”

5.     CDA cr  501-  & GOI-MOD  Letter No: 1(13 2012/D (Pen/Pol) dated 17-1-2013,  para-8o says that 10 month period is mandatory.

6.     CDA cir .551, para-6,  says, The 10 month period is not required and pension may be revises as per CDA cir 397 – for the Rank Last held.

7.     CDA cir 555-OROP, , para-11, item (b) says“ In case of Pre-2006 retirees, Rank for Pension and Rank last held may be different , but while revising the pension/ Family pension under these orders, RANK FOR PENSION which is shown in the PPO may be considered for Pre-2006 retirees.

8.      Latest, they say  as per Cir  568, pension is eligible for the Rank last held. In the circular, there is no mention of Rank held/ Rank for which pensioned.

This is all confusion and is certainly not in the spirit of fair play.

We as an Ex-Servicemen Welfare Trust,   request the matter be scrutinized carefully and discrimination in the case be removed and orders issued for the benefit of those who have suffered financially due to applicability of the 10 month rule before it was abolished and again after it was reintroduced.

In any case post 2006 the 10 month rule does not apply.