Pay Revision for Pensioners who retired and alive on 25.5.1998

GOVERNMENT OF TELANGANA

ABSTRACT

PENSION–A.P. Revised Pension Rules, 1980–Orders issued in

G.O.Ms.No.87, Finance & Planning (FW-Pen. I) Department, dated

25.05.1998 for calculation of pension based on the pay last drawn–

Extension of the benefit to all employees retired prior to 25-05- 1998 and

surviving on that date–Orders of Hon’ble A.P.A.T. dated 03.01.2002 in

O.A. No.50303 of 1999 and 329 of 2000 orders of Honourable High Court

in W.P.No. 16719 of 2003 and 18490 of 2003and orders of Honourable

Supreme Courtin Civil Appeal No(s).5367 – 5368 of 2005 –

Implementation – Orders –Issued.

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FINANCE (HRM-V) DEPARTMENT

G.O.MS.No. 98. Dated: 08.07. 2015.

Read the following

1. G.O.Ms.No.87, Finance & Planning (FW.Pen.I) Dept., dated.

25.05.1998.

2. APAT Judgment dated. 03.01.2002 in O.A.No. 50303 of 1999 and

329 of 2000.

3. A.P. High Court Judgment dated. 23.12.2003 in W.P.No. 16719 of

2003 and 18490 of 2003.

4. Supreme Court of India Judgment dated. 30.04.2014 in Civil Appeal

No(s).5367 – 5368 of 2005.

5. From the Director of Treasuries and Accounts, Telangana,

Hyderabad, Letter No. TS/H1/475/2014, dated.04.07.2014.

                                        @@@@

ORDER:

               Prior to the issue of orders first read above, pension of a retiring

Government Servant was determined on the basis of average emoluments

drawn by him under Rule 45(2)(b) of A.P. Revised Pension Rules, 1980.

As per Rule 32 of the A.P. Revised Pension Rules ‘Average Emoluments

are determined with reference to the emoluments drawn by a

Government Servant during the last 10 months of his service’.

2. In the G.O. first read above, orders were issued dispensing with

procedure of calculating the pension based on the average emoluments

drawn during the last 10 months of service with a view to liberalise the

procedure for computation of Pension. In the Government Order first read

above, the last pay drawn was ordered to be treated as the emolument for calculation of pension under Rule 45(2)(b). These orders were given

effect from the date of issue i.e., 25-05-1998.

3. However, certain employees who retired prior to 25.05.1998

approached the Andhra Pradesh Administrative Tribunal (APAT) with a

prayer for extending the benefit of the said G.O. to the employees retired

before 25.05.1998. The APAT in its judgment2nd read above directed that

employees retired prior to 25.05.1998 and living on the date of issue of

G.O. 1st cited are entitled for arrears from 25.05.1998.

4. Aggrieved by the orders of Hon’ble A.P.A.T, Government filed Writ

Petition Nos. 16719 of 2003 and 18490 of 2003 in the A.P. High Court and

Hon’ble High Court in its Judgment dated 23.12.2003 upheld the orders of

the APAT and also directed the Government to pay the arrears within

three months from the date of Judgment.

5. The judgment of APAT was upheld by the Hon’ble High Court in WP

Nos. 16719 of 2003 and 18490 of 2003.In Civil Appeals No. 5367-5368

of 2005 filed by the Government of Andhra Pradesh in the Honourable

Supreme Court against the orders of the AP High Court and the APAT

were dismissed by the Supreme Court of India by its order dated

30.04.2014.

6. After careful examination and due consideration of the orders of

Hon’ble A.P.A.T., Hon’ble High Court and the Hon’ble Supreme Court,

Government hereby extend the benefit of orders issued in the G.O 1st

read above to the Government servants retired prior to 25.05.1998 and

living on the date of issue of G.O 1st read above.

7. Accordingly Government hereby order that the pension of those

retired employees to whom the concession is being extended in para 6

above, shall be revised and re-fixed duly considering the pay last drawn

by them as emoluments for calculation of pension under Rule 45(2)(b) of

the AP Revised Pension Rules, 1980. Necessary amendments to the AP

Revised Pension Rules, 1980 will be issued separately.

8. In order to ensure expeditious settlement of cases for the benefit of

the pensioners, Government hereby issue the following instructions to be

followed scrupulously, which are based on extensive discussions with the

stake holders. The Authorities concerned at various levels shall be held

personally responsible for any inordinate delay in processing the cases or

any undue inconvenience created to the pensioners, some of whom may

be advanced in age and ailing.

i) All eligible Pensioners shall apply in the Annexure-I of this order to their

pension sanctioning authorities duly enclosing the relevant documents.

ii)The pension sanctioning authority has to calculate the revised pension

as per the last pay drawn and the net qualifying service as per Rule

45(2)(b) and send proposal to the Accountant General(A&E) / District

Audit Officer, State Audit Department as the case may be, for authorizing

the revised pension. The sanctioning authority shall within 15 days, after

scrutiny of the relevant particulars forward the application along with

sanction orders in Annexure-II through a covering letter printed on

Ledger Green color paper (to draw immediate attention) to the

Accountant General/Director of State Audit as the case may be.

9. Service pensioners who retired prior to 25.05.1998 and whose

pension is fixed based on average emoluments are covered under the

Judgment and service pensioner living as on 25.05.1998 are only eligible

for payment of arrears w.e.f. 25.05.1998.

10. Service pensioners who retired prior to 25.05.1998 and expired on

or before that date are not eligible for payment of arrears as per the

judgment.

11. In respect of Surviving Pensioners as on 25.05.1998 and died after

25.05.1998 arrears have to be paid as per rules in force to the legal heirs

of the deceased pensioner.

12. The pensioners covered under the judgment are not entitled to any

arrears relating to gratuity and commutation of pension as per para 15 of

the Judgment of Hon’ble APAT.

13. The subsequent revised consolidation of pension based on the

revised pension shall be done without further delay.

14. The arrears arising out of revision of pension due to the orders

issued in para 7 above shall be paid in four equal instalments as detailed

below:

15. The expenditure shall be debited to the regular Head of Account

where the pensioners are drawing their pension now.

16. All the pension sanctioning authorities shall accord top priority to

this item of work and ensure disposal of the proposal in period not

exceeding 15 days from the date of receipt of application.

17. All the Heads of Departments shall monitor the settlement of the

claims of the pensioners and ensure expeditious settlement of the claims.

18. The Director of Treasuries and Accounts, Telangana, Hyderabad is

directed to take action accordingly.

[ BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA]

K.PRADEEP CHANDRA

SPECIAL CHIEF SECRETARY TO GOVERNMENT

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ANNEXURE – I

Form of Application for Revision of Service Pension as per Supreme Court

Judgment dt 30.04.2014 and G.O. Ms No Finance (HRM.V) Department

Dated .05.2015

Part-I:- Information to be furnished by the Government

Servant/Applicant:

To

1.Name of the Govt. Servant                                 :

2.Post Held as on the date of Retirement               :

3.Office from which the Government Servant retired:

4.Name of the Applicant                               :

(in case of death of the Service Pensioner)

5.Pension payment Order (PPO) No.                      :

6.AG/DSA Pension File Reference No.           :

7. Name of the Sub-Treasury Office/Pension

Payment office in twin cities with District

From where present Pension is being drawn           :

8. Name of the Bank Branch & Account Number     :

9. Date of Birth of the Government Servant :

10. Date of appointment                              :

11. Date of Retirement and date of death              :

(in case of death of Service Pension)

12. Last drawn Basic Pay                                       :

13. Details of Revised Pay Scales (RPS) under which

the Pension was sanctioned                                   :

14. Present Address with mobile No.                      :

15. Permanent Address with mobile No.                 :

Signature of the Retired

GovernmentServant/Applicant

Note: A copy of the PPO/PPO slip downloaded from pension website shall

be enclosed

ANNEXURE – II

PART-II

(Information to be furnished by the Pension Sanctioning Authority with

Sanction Order)

1) Name of the Government Servant            :

2) Father / Husband Name                           :

3) Designation                                             :

4) Office Where he/she retired           :

5) Date of Birth                                           :

6) Date of entry into service                        :

7) AG/DSA Pension File Reference No.         :

8) Date of Retirement                                  :

9) Date of Death of Service Pensioner

(in case of death)                                        :

10)Last Basic Pay drawn                    :

11) Total qualifying Service                         :

12) PPO No (latest)                                      :

13) Sanction of                                            :

(i) Revised Service Pension                :Rs

w.e.f………………….

(ii) Revised Enhanced Family Pension:Rs

w.e.f………(if applicable)

(iii) Revised Normal Family Pension : Rs

w.e.f……………(if applicable)

Signature and Designation of

Pension Sanctioning Authority

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Modal form:

ANNEXURE-1

Form of Application for Revision of Service Pension as per Supreme Court Judgment dt. 30.04.2014 and G.O.Ms.No. 223 Finance (HRM.VI) Department Dated 15.12.2014

Part-I:- Information to be furnished by the Government Servant / Applicant

To,

The Principal Accountant General,

Andhra Pradesh, Hyderabad.

1)      Name of the Govt. Servant                                         : SEELAM. SUSEELAMMA

2)      Post Held as on the date of Retirement                                  : Higher Grade Assistant

3)      Office from which the Government servant

retired                                                                                  :M.P.P.Ele. School,(H.E) Edlapadu

4)      Name of the Applicant (in case of death of the

 Service Pensioner                                                           :

5)      Pension Payment Order (PPO) No.                          :18 – s- 009003

6)      AG/DSA Pension File Reference No.                       : PV10/I /S-29/ SP-7/ 91-04/172 Dt.15.4.91

7)      Name of the Sub-Treasury Office/ Pension

Payment Office in twin cities with district from

where present pension is being drawn                  :Sub-Treasury Officer, Chilakaluripet

8)      Name of the Bank Branch                                               Andhra Bank, Chilakaluripet, 

& Account Number                                                         : A/C No. 007710013017233

9)      Date of Birth of the Government Servant             : 01 – 07 - 1933

10)   Date of appointment                                                     : 28 – 09 - 1959

11)   Date of retirement and date of death

(in case of death of Service Pension)                      : 30 -06 - 1991

12)   Last drawn Basic Pay                                                       : Rs.1870/-

13)   Details of revised Pay Scales (RPS)

under which the Pension was sanctioned             : 1986 R P Scales

14)   Present Address with mobile No.                             : D.No.9-184, Nehru Nagar, Chilakaluripet

  Guntur (dt) 522616

   Mobile No. 9704847438

15)   Permanent address with mobile no                         : D.No.9-184, Nehru Nagar, Chilakaluripet

  Guntur (dt) 522616

   Mobile No. 9704847438

                              Signature of the Retired

                               Government Servant/ Applicant

Note: A Copy of the PPO/PPO slip downloaded from pension website shall be enclosed.

ANNEXURE - II

PART – II

( Information to be furnished by the Pension Sanctioning Authority with Sanction Order )

1.       Name of the Government Servant          :  SEELAM SUSEELAMMA

2.       Father / Husband Name                               : Fredarick

3.       Designation                                                        : Higher Grade Assistant

4.       Office where he /she retired                      : M.P.P. Ele. School, (HE), Edlapadu

5.       Date of Birth                                                      : 01 – 07 – 1933

6.       Date of entry in to service                            : 28 – 09 – 1959

7.        AG / DSA Pension File Reference No      : PV 10 / I /S-29 /SP-7 /91-04 /172 dt. 15.4.91

8.       Date of Retirement                                         : 30 – 06 -1991

9.       Date of Death of Service Pensioner         : …………

                   ( In case of death)

10.   Last Basic Pay drawn                                       : Rs 1870/-

11.   Total qualifying Service                                  : 33 years

12.   PPO NO (latest)                                                : 18 – S – 009003

13.   Sanction of

(i)                  Revised Service Pension

w.e.f. 01 – 07 – 91                            : Rs.  1870 x 33 = Rs. 935/-

                                                                                66

(ii)                 Revised Enhanced Family Pension

w.e.f. ……………. (if applicable)     : Rs. --- Not Applicable……..

                (iii)          Revised Normal Family Pension

w.e.f. ………  (if applicable)            : Rs. --- Not Applicable……..

                                                                                Signature and Designation of

                                                                                Pension Sanctioning Authority

Part – II – (B)

Sanction of Pension

a)      Certificate of competency to accord sanction ( applicable in case of sanction of pension to non- gazetted officers including Class – IV Employees ) :

(i)                  I am declared by the Head of the Department to be the Head of an Office to accord sanction in this case under the powers delegated vide G.O.Ms.No.262, Finance & Planning (FW-PSC) Department dt. 23 -11-1998

OR

(ii)                I am the next Gazetted Authority in the hierarchy to the Head of the office in this case who is a non- gazetted officer and hence, I am competent to accord sanction under the powers delegated vide G.O.Ms.No.262, Finance & Planning (FW-PSC) Department dated 23-11-1998.

(Strike off whichever is not applicable)

b)      Revised Sanction Order :

Revised Service / Family Pension found admissible under the rules may be authorized to Smt.S.Suseelamma  who retired as Higher Grade Assistant O/o M.P.P. Ele. School, (HE) Edlapadu , retired on 30 – 06 – 1991 and who expired on…………… as a Pensioner for whom I am the authority for sanction fo pension.

i)                    Service Pension                        :Rs. 1870 x 33 = Rs. 935/-                                                                                                                                         

                                                                       66

ii)                   Retiring gratuity                        : Rs. Not applicable

iii)                 Commutation                            : Rs. Not applicable

iv)                 Family Pension                          :

a)      Enhanced Family Pension :Rs. Not applicable

b)      Normal Family Pension :  Rs. Not applicable.

Office Seal                                                             Signature and Designation of

                   Pension Sanctioning Authority

Note 1: This is be prepared in duplicate by the pension Sanctioning Authority, one for the record of pension Sanctioning authority and the other one to be sent to Accountant General / Local Fund Audit Officer.

Note 2 : The Pension Sanctioning Authority should satisfy about the correctness of the family furnished by the Government servant / applicant in Part – I

Note 3 : If the Pensionary benefits are not to be released, Part-IIB (b) shall be struck off.

Note 4: If there is any likelihood of delay, Anticipatory pension / anticipatory Gratuity as per Rule 51 of A.P. Revised Pension Rules 1980 shall be drawn and paid by the Head of Office to the beneficiary without any delay.

Note 5 : Heads of Departments are those listed in Appendix-I mentioned in Article 6 of A.P. Financial Code Volume – 1/ Subsidary Rule 32 (ii) of F.R. 9.  

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