RBE No. 69/2008: Pension – Restoration of Commuted Pension
No.F(E)III/2005/PN1/23, dated 30.05.2008
Sub: Restoration of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in public sector undertakings/ autonomous bodies – implementation of Andhra Pradesh High Court judgment dated 24.12.2003 in Writ Petition No.8532 of 2003 followed by the Supreme Court judgment dated 29.11.2006 in Civil Appeal No.5269 of 2006 arising out of SLP Nos.21647–648 of 2005 and the Supreme Court judgment dated 24.07.2007 in Review Petition No.643 of 2007 – Board’s letter of even number dated 20.09.2007 – clarification regarding.
1. A copy of Department of Pension & Pensioner’s Welfare (DOP&PW)’s OM No.4/79/2006-P&PW(D), dated 13.05.2008 containing certain clarifications with reference to their earlier OM dated 6th September, 2007, circulated vide Board’s letter of even number dated 20.09.2007 (RBE No. 120/2007), on the above mentioned subject, is forwarded herewith for information and guidance.
2. A concordance of DOP&PW and Department of Expenditure’s instructions referred to in the enclosed OM and Railway Board’s corresponding instructions is given below:-
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Sl. No. |
DOP&PW/ Department of Expenditure’s instructions |
Railway Board’s corresponding instructions |
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1 |
Department of Expenditure OM No.F.1/(3)-EV/83, dated 22.10.1983 |
Letter No.F(E)III/83/PN1/8, dated 29.11.1983 |
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2 |
DOP&PW’s OM No.34/2/86-P&PW, dated 05.03.1987 |
Letter No.F(E)III/87/PN1/7, dated 26.03.1987 (RBE No. 329/1987) |
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3 |
DOP&PW’s OM No.4/59/97-P&PW(D), dated 14.07.1998 |
Letter No.F(E)III/96/PN1/9, dated 18.08.1998 (RBE No.85/1998) |
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4 |
DOP&PW’s OM No.4/59/98-P&PW(D), dated 12.01.1999 & corrigendum of even number dated 05.02.1999 |
Letter No.F(E)III/96/PN1/9, dated 08.03.1999 (RBE No. 41/1999) |
3. Please acknowledge receipt.
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioner’s Welfare
OM No.4/79/2006-P&PW(D), dated 13th May, 2008
OFFICE MEMORANDUM
Sub: Restoration of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in public sector undertakings/ autonomous bodies – implementation of Andhra Pradesh High Court judgment dated 24.12.2003 in Writ Petition No.8532 of 2003 followed by the Supreme Court judgment dated 29.11.2006 in Civil Appeal No.5269 of 2006 arising out of SLP Nos.21647–648 of 2005 and the Supreme Court judgment dated 24.07.2007 in Review Petition No.643 of 2007 – OM dated 06.09.2007 – clarification regarding.
1. The undersigned is directed to say that the Government servants who had drawn lumpsum payment in respect of pro-rata pension (1/3rd as well as 2/3rd on absorption in a PSU/ Autonomous Body and have become entitled to restoration of 1/3rd commuted portion of pension as per the provisions of this Department’s OM No.34/2/86-P&PW, dated 5th March 1987 after 15 years from the date of commutation or 01.04.1985 whichever is later, are regulated vide this Department OM No.4/59/97-P&PW(D), dated 14th July, 1998 and OM No.4/79/2006-P&PW(D), dated 06.09.2007.
2. The modalities of implementation of above judgment have been detailed in OM of even no. dated 06.09.2007. However, this department has been receiving requests for certain clarifications from individuals; associations and Ministries/ Deptts. The matter has been examined and is clarified as below:-
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Sl. No. |
Point raised |
Clarification |
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1 |
In para 3(i)(b)I whether the date 31.12.1985 is w.r.t. pension or Dearness Relief. |
The date mentioned is w.r.t. pension i.e. the pension as on 31.12.1985 is to be taken into account. |
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2 |
In para 3(i)(b)I what is the rate of Dearness Relief. |
The rate of Dearness Relief which was taken into account for revision of pension i.e. as on 01.01.1986 is to be applied. |
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3 |
In para 3(ii)(b) whether the date 31.12.1995 is w.r.t. pension or Dearness Relief. |
The date mentioned is w.r.t. pension i.e. the pension as on 31.12.1995 is to be taken into account. |
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4 |
In para 3(ii)(b)I what is the rate of Dearness relief. |
The rate of Dearness Relief which was taken into account for revision of pension i.e. as on 01.01.1996 is to be applied. |
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5 |
In para 3(ii)(b)I what is full pension as on 31.12.1985. |
The full pension shall be actual full pension sanctioned or the revised pension (in case of pre 1979 pensioners) as per the Liberalized Pension formula of 1979 (Deptt. of Expenditure OM No. F.1(3)-EV/83, dated 22.10.1983. |
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6 |
In para 3(ii)(b)I what is full pension as on 31.12.1995. |
The full pension shall be actual full pension sanctioned (in case of post 1986 pensioners) or revised notional full pension (in case of pre-1986 pensioners) as per guidelines given in OM No.4/59/97-P&PW(D), dated 14.07.1998 and OM No.4/59/98-P&PW(D), dated 12.01.1999 read with corrigendum of even No. dated 05.02.1999. |
3. Hindi version will follow.
Download Railway Board Circular RBE No. 69/2008
Forward reference ⇒ RBE No.