Why do we need it?

Why pro-rata pensioners are eligible for Dearness Pension for the period from 1-4-2005 to 31-12-2005?

  1. It is specifically recommended by the Fifth Central Pay Commission in para 105.11 in their report the DA should be converted into Dearness pay/Pension each time the CPI increases by 50% over the basic index used by the last Pay commission.
  2. As per F.No.105/1/2004-1C, Govt. of India, Ministry of finance, Department of expenditure, Dated 1-3-2004 para-3 “To ensure that pensioners retiring between 1-4-2004 to 31-1-2005 do not face any loss in fixation of pension , as a special dispensation in their case, DA equal to 50% of the basic pay would be treated as basic pay for the purpose of computation in respect of basic pay received by  them prior to 1-4-2004. Consequently, element of dearness pension will exist only for pensioners retired / retiring from Govt. of India up to 31-3-2004“.
  3. As per OM no: 41/13/2005-P&PW(G),Govt. of India, Ministry of Personnel ,Public grievances & Pension , Department of Pension & Pension Welfare , Dated 1-2-2006 (a) Existing pensioners/Family pensioners drawing pension/family pension on dated 1-4-2004 are entitled (1)Basic pension/Family pension, (2) plus Dearness pension/Dearness family pension i.e. Dearness relief equivalent to 50% of Basic pension/family pension as on 1-4-2004, (3) plus Dearness Relief on both (1) & (2)……………….we are asking for (3).
  4. Reference to letter no:2-3/pen/MTNL/Pro-rata/Dearness Pension , o/o The Pr. Controller of communication Accounts ,Govt. of India , Ministry of communication & IT , Department of Telecom, Prasad Nagar, New Delhi-110005 , dated 8-2-2012 “ Admissibility of Dearness Pension in case of Pro-rata pensioners of MTNL” and seems to refuse to make the payment of DP.
  5. As per the order issued by the Secy. to govt. of India Rajni Rajdan clarify the term ‘Emolument’ will mean ‘Pay’ as defined in FR 9 (21)(a)(1) and will include Dearness pay .
  6. As per Rule-33 of CCS (pension) Rule,1972 defines “ Emolument for pension include only ‘Basic Pay’ ( substantive or officiating ) stagnation increment, dearness pay, and non-practicing allowance but does not include special allowance , personal pay , deputation allowance “
  7. Page-243 of Swami’s Publication-2008 “Pro-rata pension is admissible for lesser qualifying service but after completing 10 years of qualifying service. The amount of pension will be proportionate to the amount admissible for qualifying service of 33 years and subject to a minimum of Rs: 1,913/-p.m.”. Means the DP is included.
  8. In no case a pension granted shall be less than 1,913/- per mensem and for classes of pension, the method of determination of pension is same –Rule-49 of CCS (pension) Rule,1972.
  9. The Gazette of India dated 29-8-2008,OM No: 38/37/08-P&PW(A) para-12 which has accepted by the Govt. of India “ it is clearly mentioned the DP will include at the time of computation of revision of pension as per sixth CPC
  10. The OA is filed in the Pr.CAT-Delhi and next date of listing is 10-5-2013.     

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