RBE No. 73/2020: Disability Pension – Minimum Service

No.F(E)II/2008/PN1/20, dated  25.08.2020

Sub: Grant of disability pension, comprising service element and disability element to pre-2006 disability pensioners, who were boarded out from service, with less than 10 years of qualifying service, due to an injury/ disability, attributable to Govt. service regarding.

A copy of Department of Pension and Pensioners’ Welfare (DOP&PW)’s O.M. No.1/7/2017-P&PW(F), dated 28.07.2020 on the above subject is enclosed herewith for compliance and guidance. These instructions shall also. apply mutatis mutandis on the Railways. The Department of Pension & Pensioners’ Welfare (DOP&PW)’s O.M. No.33/5/2009- P&PW(F), dated 10″ December, 2010 mentioned in the enclosed O.M. was adopted on Railways vide letter of even number dated 31.12.2010 (RBE No. 190/2010). The CCS (EOP) Rules, 1939 corresponds to the Railway Services (Extraordinary Pension) Rules, 1993.

Ministry of Personnel, P.G. & Pensions

Department of Pension & Pensioners’ Welfare

No.1/7/2017-P&PW (F), dated 28th July, 2020

OFFICE MEMORANDUM

Sub: Grant of disability pension, comprising service element and disability element to pre-2006 disability pensioners, who were boarded out from service, with less than 10 years of qualifying service, due to an injury/disability attributable, to Govt. service – regarding.

1.     The undersigned is directed to say that, considering the hardship being faced by the disabled Government servants, covered under the provisions of CCS (EOP) Rules, the Government had decided to dispense with the minimum service required for earning service element of disability pension, with effect from 01.01.2006 and orders were issued vide OM No.33/5/2009-P&PW(F), dated 10th December, 2010.

2.     A doubt has been raised whether the provision of the aforesaid OM, dated 10.12.2010, would be applicable to the Government servants who were boarded out of service, prior to 01.01.2006, with a qualifying service of less than ten years.

3.     The matter who were has been examined and it is clarified that Central Civil Government servants who were boarded out, prior to 01.01.2006, with a qualifying service of less than ten years and were in receipt of only the disability element of disability pension, would also be eligible for the service element of disability pension, w.e.f. 01.01.2006, in addition to the disability element.

4.     For calculating the disability pension w.e.f. 01.01.2006, the disability pension comprising, both the service element and the disability element, will be notionally fixed from the date of boarding out and the same will be notionally revised in accordance with the orders for revision of disability pension, issued from time to time. The actual payment of such revised disability pension would be payable only w.e.f. 01.01.2006. No arrears on account of grant of service element, for the period prior to 01.01.2006, would be admissible. The amount of service gratuity, if any paid, to the Government servant at the time of boarding out would be adjusted from the arrears of pension accruing as a result of these orders.

5.     This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their I.D. Note No.1(9)/EV/2019, dated 25.06.2020.

6.     In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India.

7.     The Administrative Divisions of all Ministries/ Department & attached/ subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

Download Railway Board Circular RBE No. 73/2020

Forward reference RBE No.

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