Non payment of Dearness Relief on Disability Element While on Re-Employment
Principal Controller of Defence Accounts (Pensions)
Draupadi Ghat, Allahabad - 211014
Circular No. 166
No. AT/Tech/263- XVI
O/o the Pr. C.D.A. (P), Allahahad
Date: 07.03.2013
Sub: - Non payment of Dearness Relief on Disability Element While on Re Employment.
The payment of dearness relief during re-employment / employment /
permanently absorption of pensioners / family pensioners under the
Central or State Government or in a Statutory Corporation / Company /
Body / Bank under them in India or abroad is not being regulated
correctly by various Pension Disbursing Authorities. Where some Pension
Disbursing Authorities are disallowing dearness relief to re-employed
pensioner of commissioned officer on disability element, others are
allowing in few cases. Similar irregularities have been noticed in case of pensioners of PBOR. The instances of not
allowing dearness relief to family pensioners during their employment
are also drawing attention of this office/Ministry from time to time.
The position on the subject is though clearly stipulated in Ministry of
Personnel, Public Grievances & Pensions. Deptt of P&PW letter
No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and Ministry of Defence
letter No. 79(1 )/95/D (Pen/Services) dated 2th August 2000 and Deptt of
P&PW UO No. 41/42/2007-P&PW(G) dt. 3-4-2008. However, position
is re-clarified as under for uniform implementation of above orders.
(a) In case of re-employed pensioners who hold Group 'A’ post or posts
of the ranks of commissioned officers at the time of their re-employment
will not he entitled to any dearness relief on pension on the fact
that:
(i) A certain portion of pension is taken into account and is not entirely ignored.
(ii) The pay in the post of re-employment is not required to he fixed at the minimum of the scale in all cases, and
(iii) Dearness allowance at the rates applicable from time to time is also admissible on the pay fixed on re-employment.
(b)(i) The entire pension admissible is to be ignored in the case of
civilian pensioner who held posts below Group 'A’ and those
ex-servicemen who held posts below the ranks of commissioned officers,
at the time of their retirement. Their pay on re-employment is to be
fixed at the minimum of the pay scale of the post in which they are
re-employed. Such civilian pensioners will consequently be entitled to
dearness relief on their pension at the rates applicable from time to
time.
(b)(ii) The ex-servicemen (PBOR) who retired before attaining the age of
55 years and re-employed thereafter and their pay fixed at a higher
stage because of advance increments and no protection of the last pay
drawn is being given, the pay should he treated as fixed at a minimum
only for the purpose of ignoring the entire pension and allowing
dearness relief on pension.
(c) The disability element is part of disability pension. therefore
position explained at a & h above will also apply for regulating
dearness relief on disability element during re-employment of pensioner
drawing disability
pension.
(d) The family pension received by the eligible central Govt.
employees/Armed Forces pensioners is, in any case, not taken into
account in determining their pay on employment therefore, dearness
relief at the rates applicable from time to time shall he admissible on
their family pension.
Incorrect payment of pension is not only infringement of Govt. orders
but also cause of concern to pensioners. It is, therefore, requested o
instruct Pension Paying Branches / CPPC / Offices / Treasuries under
your jurisdictions to regulate the payment of dearness relief on pension
/family pension on re-employment / employment / permanently absorption
of pensioners/family pensioners as explained above.
sd/-
(P.N. CHOPRA)
Asst.CDA (P)
