Is DR of disability benefit allowed on reinstatement? DESW orders for specific categories

Indian Military Veterans

Is DR of disability benefit allowed on reinstatement? DESW orders for specific categories

The issue regarding payment of cost of living allowance on disability portion of disability pension during the period of re-employment was considered by DESW and Ministry of Defence and in consultation with CGDA/Pensions & Pensioners Welfare Department. They clarified that the disability portion of disability pension is also a type of pension and the provisions of the Government of India regarding payment of expenses, DoP&PW OM No. 45/73/97-99 vide P&PW (G) dated 7th February, 2009, regarding payment of expenses, are applicable to the same. Hence, payment of cost of living allowance on in-service pension/disability pension (including disability portion) will not be allowed during the period of re-employment of pensioners who held Group A rank or officer status at the time of retirement. The detailed letter is reproduced below –

No. 1(4)/2011-D (Pension/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/Policy)

New Delhi, Dated the 3 October, 2013

The Chief of Army Staff
The Chief of Navy Staff
The Chief of Air Staff

SUBJECT: Payment of dearness relief on disability element of disability pension during re-employment period-Group A officers reg.- supersession of instructions issued vide Govt letter No.1 (4)/2011-D(Pension/Policy) dtd.28th June, 2013.

Sir,

I am directed to refer to this Ministry’s letter of even number dated 28th June 2013 (copy enclosed) clarifying that dearness relief on service pension/ disability pension(including disability element) during re-employment period is not admissible. The clarification was issued on a query received in respect of Commissioned Officers who were re-employed after their retirement from active service.

• On receipt of a request from Air Headquarters dated 7th August, 2013 for clarifying that the restriction is applicable only to Group A officers, and not to other categories of personnel, the matter has been re-considered.
• In supersession of the instructions issued vide this Ministry’s letter No. 1(4)/2011-D(Pension/Policy) dated 28th June, 2013 the instructions would now read as follows:

“Matter regarding payment of dearness relief on disability element of disability pension during the period of re-employment has been examined in consultation with CGDA/Department of Pension & Pensioners’ Welfare and it has been clarified by them that disability element of disability pension is also a type of pension and provision of Govt of India, DoP&PW OM No. 45/73/97-P&PW (G) dated 02.07.99 applies regarding payment of dearness relief. As such dearness relief on Service Pension / Disability Pension (including disability element) during re-employment period is not admissible in respect of pensioners who held Group A posts or rank of Commissioned Officers at the time of their retirement.”

• This has the approval of Secretary (ESW).

Encl: as above

Signatory authority
Under Secretary to the Govt. of India

Copy to:CGDA (AT-Pension), Ulan Butar Road,Palam, Delhi Cantt.

OM dated 28.06.2013 is also reproduced below –

No. 1(4)/2011-D(Pension/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)

New Delhi,     Dated the 28th June, 2013

The Chief of Army Staff
The Chief of Navy Staff
The Chief of Air Staff

SUBJECT: Payment of dearness relief on disability element of disability pension during re-employment period.

1. Matter regarding payment of dearness relief on disability element of disability pension during the period of re-employment has ‘been examined in consultation with CGDA/ Deptt. of Pension & Pensioners Welfare and it has been clarified by them that disability element of disability pension is also a type of pension and provision of Govt. of India, DoP&PW OM No. 45/73/97- P&PW(G) dated 2.7.1999 applies regarding payment of dearness relief. As such dearness relief on Service pension/ Disability pension(including disability elemen9during re-employment period is not admissible.

2.       This has the approval of Secretary (ESW).

signatory authority
Under Secretary to the Govt. of ndia

Copy to:-
CGDA (AT-Pension) Ulan But/ar Road
PaLAM, Delhi Cantt.