Authorisation of DR from PCDA(Pensions) Prayagraj or SPARSH

Dear Sir,
This message is for those Ex-Servicemen and family pensioners who are re-employed in Central Government service in post lower than Group A i.e. Commisiosned officers or Group A officers of Central Govt.
 T SEWA receives many cases from Ex-Servicemen and family pensioners who are not commisisoned officers and are reemployed in Central Govt or State Govt in post less than Group A or Commissioned officer. They are eligible for two DAs /DRs. DR from Armed Forces and also DA from re-employed post.
Most of the JCOs /OR are re-employed are in posts of Group III or C or Group IV or D.
Circular 200 (copy attached) clearly mention that such re-employed pensioners are eligible for DR from Armed Forces and also DA from re-employed post. 
For easier understanding of the case an extract of Circular 200 is given below.
Such re-employed Ex-Servicemen need to file a case in AFT to get their DR from PCDA(Pensions) Prayagraj along with penal interest of 8% from the time they are either not given DR or from the time they got DR stopped. If we get sufficient number of petitioners, then T SEWA will file a case in Hon'ble AFT, PB, New Delhi.

Unless the AFTs give direction and levy penal interest to be recovered from such higher officials in reemployed department/ PCDA(Pensions) Prayagraj  for unauthorisedly stopping DR or not remitting DR at all, such ESMs are bound to suffer for rest of their lives.
More number of such pensioners whether affected or not joining such a proposed legal case, lesser would be legal cost.
T SEWA will do all the documentation and filing the case. Such Ex-Servicemen are to simply sign two legal documents and remit legal fees in one go which is very affordable as T SEWA does not make any profit. It is purely a service to such affected Ex-Servicemen.

Extract of Circular 200 on Authorisation of DR from PCDA(Pensions) Prayagraj or SPARSH

(i) In so far as re-employed pensioners are concerned, the entire pension admissible is to be ignored at present only in the case of those civilian pensioners who held post below Group ‘A’ and those ex-servicemen who held post below the ranks of Commissioned Officers at the time of their retirement. Their pay, on re-employment, is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such pensioners will consequently be entitled to Dearness Relief on their pension.

1. (A)  For this purpose, the Central Government Departments concerned, including subordinate organizations. State Government, Corporation/Company/Body/Bank etc. employing a Central Government pensioner shall be required to issue of certificate indicating the following:

   1. (a)  The re-employed pensioner retired from a civil or military post in the Central Government and was holding a post not included in classified as group ‘A’ or a post below the rank of commissioned officer in the armed forces;

   2. (b)  The entire amount of pension sanctioned by the Central Government was ignored in fixation of the pay on re- employment i.e. no part of the pension was taken into account in such fixation of pay in the pay scale of the post in which the Central government retired/retiree was re- employed/absorbed; and

   3. (c)  The pay of the re-employed/absorbee was/is fixed at the minimum of the pay scale of the post in which he had/has been initially re-employed after his retirement from the Central Government.

   4. (d)  If the pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given.

2. (B)  In the cases where PBOR (below Commissioned Officer) retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn were given, the pay should be treated as fixed at a minimum for the purpose of ignoring the entire pension and allowing Dearness Relief on pension. For benefit of advance increments, the policy for the same should exist in the re-employing department and a copy of such

policy matter should be enclosed with the required certificate. But, after granting benefit of advance increments, the last pay drawn by the pensioner is protected, the pensioner in such case will not be entitled for dearness relief on pension.

Illustration 1: A Military pensioner was drawing the pay of Rs. 6,330 in the pay scale of Rs. 5,770-140-8,290 from 01/07/2002 and retired from service on 31/10/2002 before attaining the age of 55 years. He was granted a military pension of Rs. 3,165. He was re-employed in a Civil Post on 01/12/2003 in the pay scale of Rs. 5,000-150-8,000. The post which the pensioner held in the Army before retirement is a non-commissioned post. If his pay is fix for Rs. 5,600/- after granting 4 advance increments in re-employed post, then he will be entitled for dearness relief on pension as his pay fix for Rs. 5,600/- in re-employed post is less than Rs. 6,330/- already drawing in the Army before retirement. However, if his pay is fix for Rs. 6,500/- after granting 10 advance increments in the re-employed post, then he will be not entitled for dearness relief on pension as his pay fix for Rs. 6,500/- in re-employed post is more than Rs. 6,330/- already drawing in the Army before retirement as his last pay has been protected.

Illustration 2: If the pensioner quoted in Illustration 1 above is re- employed in a Civil Post in the pay Scale of Rs. 7,500-250-12,000, his pay is required to be fixed at the minimum of the pay scale of the re-employed post for payment of dearness relief on pension. Any advance increment granted in such situation, will disqualify dearness relief on pension.