Thursday, 28 March 2019

Deletion of note of conditional sanction printed in PPOs of Pre-01.01.2006 retirees Havildar granted Hony Rank of Naib Subedar - reg

Deletion of note of conditional sanction printed in PPOs of Pre-01.01.2006 retirees Havildar granted Hony Rank of Naib Subedar - reg.

कार्यालय रक्षा लेखा प्रधान नियंत्रक (पेंशन)
OFFICE OF THE PR.CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
द्रौपदी घाट इलाहाबाद - 211014 
DRAUPADI GHAT, ALLAHABAD - 211014

CircularNo.619
Dated:14.03.2019
To
  1. The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office C7, Second Floor, Bondre- Kurla Complex, PB No. 8143, Sandra East Mumbai - 400051
  2. All CMDs, Public Sector Banks.
  3. The Nodal Officers, ICICI/ HDFC/ AXIS/ IDBI Banks
  4. All Managers,CPPCs
  5. Military and Air Attached, Indian Embassy, Kathmandu, Nepal
  6. The PCDA (WC), Chandigarh
  7. The CDA (PD), Meerut
  8. The CDA Chennai
  9. The Director of Treasuries, All States
  10. The Payand Accounts Officer, Delhi Administration, R KPuram and Tis Hazari, New Delhi.
  11. The Payand Accounts Office, Govt of Maharashtra, Mumbai
  12. The Post Master Kathua (J&K) and Camp Bell Bay.
  13. The Principal Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair.
Subject:-Regarding deletion of note of conditional sanction printed in PPOs of Pre-01.01.2006 retirees Havildar granted Hony Rank of Naib Subedar in compliance of Hon'ble High Courts and AFTs orders.
*********
Incompliance of various court orders, conditional sanctions were being issued by AG/PS-4(Pen/Legal), IHQ (MoD), New Delhi in respect of Pre-01.01.2006 retiree Havildars granted Hony rank of Naib Subedar for implementing GoI, MoD letter dated 12.06.2009 in their cases. Accordingly, corrigendum PPOs were/are being issued notifying their pension w.e.f. 01.01.2006 @ Rs.8450/-for Group "X" and @ Rs.7750/­for Group "Y" and "Z" as per the provisions of ibid MoD letter by this office. These Corrigendum PPOs have a Note containing that condition as "The sanction will, however, be subject to the final outcome of appeal, if any filed before the Hon'ble Supreme Court of India. In the event, the appeal is decided in favour of UoI, the petitioners shall be liable to refund the entire amount paid to him under the ibid sanction".

2. Of late, it has been observed that large number of such cases of pre-01.01.2006 retiree Havildar granted Honyrank   of Naib Subedar for grant of pension in terms of GoI, MoD letter dated 12.06.2009 were decided by the various Courts/AFTs. Now, AG/PS-4(Pen/Legal, IHQ of MoD, New Delhi has started converting conditional sanction in to absolute sanction by deleting the ibid contents as printed in Note of Corrigendum PPO of these cases. Large number of such type of sanctions for deleting conditional sanction are being received in this office from Record Offices concerned for issuing Corr. PPO for deleting that Note of conditionals action in respect of pre-01.01.2006 retiree Havildar granted Hony rank of Naib Subedar.
 
3. As large number of Corr. PPOs are to be issued in such cases without any financial bearing or other changes, assuch, it has been decided by the competent authority that the note "The sanction will, however, be subject to the final outcome of appeal, if any filed before the Hon'ble Supreme Court of India. In the event, the appeal is decided infavour of UoI, the petitioners shall be liable to refund the entire amount paid to him under the ibid sanction" as printed in the respective PPO of those pre-01.01.2006 retirees Havildars granted Hony rank of Naib Subedar issued in compliance of the Court/AFT orders, may be treated as deleted.

4. It is further reiterated that deletion of ibid note will be applicable only where Service Pension w.e.f. 01.01.2006 @ Rs.8450/- for Group "X" and @ Rs.7750/-for Group "Y" and Group "Z" were notified in compliance of various Courts/AFTs orders in respect of Pre-01.01.2006 retiree Havildar granted Hony rank of Naib Subedar and not in other cases.

5. This circular has been uploaded on this office website www.pcdapension.nic.in.
(Sandeep Thakur)
Addl CDA (P)
Click to view the order
[http://pcdapension.nic.in/pcdapension/7cpc/Circular-619.pdf]

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