No.4/29/99P&P
W(D)
GOVERNMENT
OF INDIA
MINISTRY OF PERSONNEL PUBLIC GRIEVANCES & PENSIONS
DEPARTMENT OF PENSION & PENSIONERS WELFARE
LOK NAYAK
BHAVAN,
KHAN MARKET,
NEW DELHI-110003
July 12,2000
SUBJECT:
Restoration of 1/3rd
commuted portion of pension after 15 years from the date of commutation of
1.4.85, whichever is later in respect of Government servants who had drawn
lumpsum payment of absorption in PSU/Autonomous Body-implementation of Supreme
Court Judgement dated 26.4.2000.
Attention is
drawn to the instructions contained in this Department/s O.M. No. 4/59/97-P&PW(D)
dated 14th July 1998 on the above subject. In terms of para 4 of this O.M.
dearness relief on the revised restored amount of 1/3rd commuted portion of
pension is payable at the same rate at which it has been made admissible to
other Central Government Pensioners form time to time, subject to the conditions
laid down in para 5 of the O.M. The
Supreme Court in its Judgement dated 26.4.2000 in I.A. NO. 1 in W.P. (C) No. 567
of 1995 (with I.A.NO. 4 in W.P.(C) No. 11855 of 1985, W.P.(C) No. 345 of 1999
and W.P.(C) NO. 576 of 1999) has, inter-alia ruled that Central Govt. absorbees
in PSUs etc. who have become entitled to restoration of 1/3rd commuted portion
of pension are entitled to the payment of dearness relief on full pension at par
with the Central Govt. Pensioner.
2.
The modalities of implementing Supreme court Judgement dated 26.4.2000
has been under active consideration of the Government. The President is now
pleased to decide that Govt. Servants who had drawn lumpsum payment on
absorption in PSU/Autonomous Body and have become entitled to the restoration of
1/3rd commuted portion of pension in terms of the Supreme Court Judgement dated
15.12.1995 shall, apart from the payment of revised restored amount of 1/3rd
commuted portion of pension be also entitled to the payment of dearness relief
on full pension from the date of restoration, instead of dearness relief on the
revised restored amount of 1/3rd commuted portion of pension. In other words
dearness relief shall be payable on full pension i.e. the revised pension which
the absorbed employee would have received on the date of restoration of 1/3rd
commuted portion of pension had he not drawn lumpsum payment on absorption. The
payment of dearness relief will however, be subject to the condition laid down
in par 5 of O.M. dated 14 the July 1998.
3.
Para 4 of the O.M. dated 14.7.1998 shall therefore be deemed to have been
modified as indicated above.
4.
The pension Sanctioning Authorities, viz the Ministry/Department/office
where the absorbed employee was employed prior to absorption in a PSU/Autonomous
Body will have to work out the arrears payable on account of payment of dearness
relief on full pension and issue necessary sanction through the normal channel,
viz CPAO for its payment by the Banks/Pension Disbursing Authorities etc.
Dearness relief /arrears of dearness relief already paid to the absorbed
employees under O.M. dated 14.7.1998 should be adjusted while making payment
under these orders. The pension Sanctioning Authority will also have to issue
suitable directions through the CPAO etc. to the concerned bank/PDA for payment
of dearness relief on full pension at the rate prescribed by the Government from
time to time.
5.
Where the death of an absorbee has taken place after 15 years from the
date of commutation of pension or 1.4.1985, whichever is later, and he had
become entitled to the benefit of restoration of commuted portion of pension,
the family member (S) /legal heir(s) will be entitled to claim the arrears of
dearness relief becoming due in accordance with the provisions contained in this
order.
6.
This issues with the concurrence of Ministry of Finance, Deptt. of
Expenditure vide their U.O. Note No. 41/C/EV/2000 dated 26.06.2000.
7.
Hindi version of this O.M. will follow.
Sd/-
(P.K.BRAHMA)
Additional Secretary to the
Govt. of India
To,
All
Ministries/Departments of the Govt. of India.