23 December, 2014

G.O.Ms.No.223 , Dt:15.12.2014 :: Benifit of Calculation of pension based on the pay last drawn is Extended those who retired before 25-05-1998

G.O.Ms.No.223 , Dt:15.12.2014 :: 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 - Implementation–Orders–Issued.

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) 367 – 5368 of 2005.
5. From the Director of Treasuries and Accounts, A.P., Hyderabad  Letter No. D3/5594/2014, dated04.07.2014.

1. 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 libralise the procedure for computation of Pension. In  the Government Order first read above, 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 the approach 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 judgment 2nd 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 and the Civil Appeals No. 5367-5368 of 2005 filed by  the Government of Andhra Pradesh against the orders of the AP High Court and the  APAT were dismissed by the Supreme Court of India.

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.

iii) While the proposals are under examination in his office, the pension sanctioning authority shall feed information in advance by logging on to the website of the Director of Treasuries and Accounts, A.P,  which will provide concurrent access to the Accountant General/District Audit Officer in order that the Accountant General/District Audit  Officer will take preparatory steps in advance to locate the relevant old  records and process the case soon after it is received by them.
iv) The Accountant General, A.P., Hyderabad/Director of State Audit, A.P., Hyderabad, after scrutiny of the revised pension proposals shall authorize the revised pension as per the record available with them, to the concerned District Treasury Officers concerned.

v) A separate box will be kept in the Accountant General’s Office with duplicate keys held by the Director of Treasuries and Accounts, A.P  and the Accountant General’s Office so that the cases will be collected  daily by the Director of Treasuries and Accounts, A.P.

vi) Advance online intimation will be given by the Accountant General and  the Treasuries will take preparatory action for taking action for drawl  and disbursement soon after the papers are received from the Accountant General’s office. 

vii) The arrears on revision of pension will be paid by the Sub Treasury  Officers within 7 days from the date of receipt of revised authorization.

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  may 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 three equal installments as detailed below:

First Instalment       : 1/3 rd of the arrears amount in the first   quarter of the financial year 2015-16

Second Instalment  : 1/3 rd of the arrears amount in the third  quarter of the financial year 2015-16

Third Instalment     :      1/3 rd of the arrears amount in the third  quarter of the financial year 2016-17
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, Hyderabad is directed to take action  accordingly.

Download G.O.Ms.No.223 , Dt:15.12.2014

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