Grant of dual Family Pension to the family members of the deceased military pensioner who re-employed in civil service



GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
PENSIONS – Grant of dual Family Pension to the family members of the deceased military
pensioner who re-employed in civil service – Modification to the G.O.Ms.No.195, Fin. &
Plg. (FW: Pen.I) Dept., dt.12-5-1985 under Rule 19 of APRPRs 1980 – Orders – Issued.
FINANCE (HRM.V) DEPARTMENT
G.O.MS.No. 35 Dated: 03-03-2016

Read the following
1. G.O.Ms.No.195, Fin. & Plg. (FW: Pen.I) Dept., dt.12-5-1985
2. Letter No.PM/I/Genl/2014-15/121210, dt. NIL, received from Accountant
General (A&E), Andhra Pradesh, Hyderabad
3. Letter D.O.No.PC1(5)/2010-D(Pen/Pol),dt. 7.11.2014 from GOI, Ministry
of Defence, Department of Ex-Servicemen Welfare, New Delhi
                                                       * * *
The Accountant General (A&E) in the reference 2nd cited has informed that
Government of India allowed dual family pension – one for military service and the other for
the civil employment on their re-employment. It is also informed that as per the Executive
instructions under Rule 19 of APRPRs 1980, a military pensioner who has opted for military
pension is not eligible for family pension and therefore requested the Government to examine
the orders of Government of India for necessary consideration and decision.

2. According to the existing provisions i.e. Executive instructions (a) to (c) under Rule
19 of A.P Revised Pension Rules 1980 issued in the G.O first read above, a military
pensioner re-employed in a state Government pensionable post can draw military pension in
addition to the pension attachable to the civil post, if any, admissible according to rules,
provided he exercise option for the same. A similar option also has to be exercised in
respect of family pension. Otherwise, he can opt to surrender military pension or Gratuity and
count in lieu thereof the military service also for civil pension and the family pension will be
admissible to his family under the pension rules applicable to him in civil post. The same
scenario is equally applicable to the family pensioners pertaining to the military pensioners.

3. In the reference 3rd cited, it is informed that the families of Armed Forces pensioners
who got re-employed in civil Departments /PSUs /Autonomous bodies/Local Funds of
Central/State Governments after retirement from military service and were in receipt of
military pension till death, have been allowed to draw family pension from military side as
well as the family pension, if any, authorised from the civil department subject to fulfillment
of other prescribed conditions as hither to in force.

4. Keeping in view of the latest instructions issued by GOI, it is decided to adopt the
procedure being followed by the GOI on grant of dual Family pension to the next of Kin of
the deceased military pensioner, from military side and also the family pension authorized
from the civil departments in which re-employed in Civil post/service subject to fulfillment
of prescribed conditions in terms of Rule 50 of APRPRs 1980, by incorporating a provision
for allowing dual family pension - one for military service and the other for the civil
employment on their re-employment below the Executive instructions (a) to ( c) under Rule
19 of APRPRs 1980 issued in the reference 1st cited.

5. Accordingly, Government after careful consideration hereby suitably modifying the
provisions below the Executive instructions (a) to (c) under Rule 19 of APRPRs 1980 for
grant of Dual family pension to the kin of military pensioners.

(a)“If, on regular appointment in a civil service or a civil post, a military pensioner has
to exercise an option within six months of the date of issue of the order of regular
appointment to a civil service or post on re-employment or within a period of three
months of his return from leave, whichever is later, if he is on leave, to retain military
pension for the past military service in terms of Rule 19(1)(a) of APRPRs 1980. If no
option is exercised within the period aforesaid, he shall be deemed to have opted for
retention of pension authorized under relevant instructions of Army/Navy/Air force as
the case may be”. No separate option is required to be exercised by the military
pensioner for family pension.

In such a case, the family of the military pensioner shall be allowed to draw
family pension from military side in addition to the family pension, if any, authorized
from the civil departments subject to fulfillment of other prescribed conditions under
Rule 50 of APRPRs 1980.

(b)If, on his regular appointment in a civil service or civil post, in the course of reemployment,

he has opted to surrender military pension and count in lieu thereof, the
military service also for civil pension, he shall be governed by the family pension
admissible under the pension rules applicable to him in respect of his civil service or
civil post.

(c) Deleted. Since no separate option is required to be exercised by the family members.

6. This benefit shall be applicable to the Armed Forces personnel who got
discharged/retired/invalidated from service with effect from 10.02.2015 and the financial
benefit in past cases shall be granted from the above said date only.

7. These orders shall not be applicable to the Armed Force pensioners who are
re-employed in civil service on or after 1.9.2004.

8. This order can be accessed at: http://www.aponline.gov.in,  http://www.goir.ap.gov.in

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Dr. P.V.RAMESH
PRINCIPAL FINANCE SECRETARY TO GOVERNMENT

To
All Departments of Secretariat.
All Heads of Departments.
The Director of Treasuries and Accounts, A.P. Hyderabad.
The Director of State Audit, A.P. Hyderabad.
The Director of Works and Projects, Hyderabad.
The Pay and Accounts Officer, Hyderabad.
The Andhra Pradesh Headquarters Treasury at Hyderabad in the office of the DTA, AP at
Hyderabad.
The Principal Accountant General, A.P. Hyderabad. (With a covering letter)
The Accountant General (A&E) A.P. Hyderabad.
The Accountant General (Audit. I) A.P., Hyderabad.
The Accountant General (Audit.II) A.P. Hyderabad.
The Accountant General of other states given below through A.G., A.P. Hyderabad (500
copies)
The Accountant General, Tamilnadu, Chennai.
The Accountant General, Maharashtra, Mumbai.
The Accountant General, Gujarat.
The Accountant General (A&E) Kerala, P.N.No.5607, Tiruvananthapuram - 695 039.
The Accountant General (A&E) Karnataka, Bangalore.
The Accountant General (A&E), U.P., Allahabad.
The Accountant General (A&E), Haryana, Chandigarh.
The Accountant General (A&E), Punjab, Chandigarh.
The Accountant General (A&E), Rajasthan, Jaipur.
The Accountant General (A&E), Assam, Dispur.
The Accountant General (A&E), Bihar, Patna.
The Accountant General, Orissa, Bhubaneswar.
The Accountant General, (A&E-II), Madhya Pradesh, Gwalior.
The Accountant Officer (Pen.Co-Ordination), O/o the Principal Accountant General -
(A&E)Calcutta, West Bengal.
The Secretary to Government, Finance Department, Secretariat, Chennai, Tamilnadu.
The Secretary to Government, Finance Department, Secretariat, Trivandrum, Kerala.
The Secretary to Government, Finance Department, Secretariat,Bhubaneshwar,
Orissa.
The Public Accounts Officer, Treasury, Pondicherry.
The Principal Secretary to Governor, Raj Bhavan, Hyderabad.(with a covering letter)
The Registrar General, High Court of Andhra Pradesh & Telangana, Hyderabad
(with a covering letter)
The Registrar Lokayukta and Upa Lokayukta, A.P. Hyderabad (with a covering letter).
The Registrar, A.P. Administrative Tribunal & Telangana, Hyderabad.(with a covering letter)
The Principal Secretary, Andhra Pradesh Public Service Commission, Hyderabad. (with a
covering letter)
The Managing Director, A.P. GENCO, Vidyut Soudha, Hyderabad.(with a covering letter)
The Managing Director, A.P.TRANSCO, Vidyut Soudha, Hyderabad.(with a covering letter)
All the District Collectors in Andhra Pradesh.
All the District Judges in Andhra Pradesh.
All the District Treasury Officers in Andhra Pradesh.
All the Chief Executive Officers of Zilla Praja Parishads in Andhra Pradesh.
All the District Panchayat Officers in Andhra Pradesh
All the District Educational Officers in Andhra Pradesh.
All the Commissioners/Special Officers of Municipalities/Municipal Corporations in Andhra
Pradesh.
The Registrar of all the Universities in Andhra Pradesh.
The Secretary Tungabhadra Project, Via. Hospet, Ballary District.
The Director of State Ports, Kakinada, East Godavari, A.P.,
All the Secretaries, Agricultural Market Committees through Commissioner & Director of
Agriculture Marketing (30 copies).
The Resident Commissioner, Andhra Pradesh Bhavan, Ashoka Road, New Delhi-110 001.
The Pay & Accounts Officer, Government of Andhra Pradesh, New Delhi-110 001
All the Pensioners Associations in Andhra Pradesh.
SF/SCS.
//FORWARDED:: BY ORDER//

SECTION OFFICER

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2nd FAMILY PENSION TO THE WIDOWS OF THE RE-EMPLOYED EX-SERVICEMEN.

Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioner’s Welfare through its Office Memorandum No. 1/19/96-P&PW(E) dt.19/7/2002 allowed family pension under the EPF Scheme 1995 and the FPS 1971 in addition to the Family Pension under Rule 54 of the CCS (Pension) Rules 1972.

This benefit is available from 27.7.2001. It means that all the widows of the re-employed ex-servicemen, whose husbands were drawing two separate pensions and died before 27.7.2001 and after 27.7.2001 are now eligible for two family pensions. But practically this benefit has not been availed by any widow till date. The reasons are:-

1. The O.M. No.1/19/96-PPW(E) dt.19.7.2002 by the Dept. of Pension and Pensioner’s welfare has not been widely circulated. The MOD, Dept. of Ex-servicemen Welfare had not circulated this order.

2. The Record Offices and the respective departments where the ex-servicemen were re-employed had joined together and ensured that only one family pension is released to the widow.

3. Since most of the ex-servicemen re-employed prior to 1986 had not done the endorsement of family pension, their widows suffered a lot to get one pension even though their husbands were drawing two pensions.

4. The Record offices refused to endorsement of family pension without getting an no-objection certificate from the re-employer that they will not sanction any family pension.

5. In some cases, the re-employers such as the Nationalized Banks, PSUs like the Indian Oil Corporation, Bharat Petroleum Corporation, etc., who are having EPF scheme 1995 released the family pension to the widow immediately. After accepting this EPF scheme 1995 pension, when the widow applied for the defence family pension, the record offices simply turn down the application stating that they are eligible for only one family pension. Thus the widow continued to lose her legitimate defence family pension even after issue of the order from 27.7.2001.

Thus the widows of the re-employed ex-servicemen whose husbands were drawing two pensions before 27.7.2001 or after 27.7.2001 and died subsequently are though eligible for two family pensions, but are being paid only one pension.

The MOD, Dept. of Ex-servicemen Welfare should issue a circular on the subject immediately and enable the widows to get both the family pensions in the last days of their life. Otherwise the name given to the Department “Dept. of Ex-servicemen Welfare” will become meaningless.

As of now all the widows of ex-servicemen, whose husbands were drawing two pensions are eligible for two family pensions w.e.f. 27.7.2001 depending upon the date of death. Those who have died prior to 27.7.2001, the family pension will be paid from 27.7.2001. Those who have died after 27.7.2001, the family pension will be paid from the next of day of death.

In these present state of confusion with the Pension Disbursing Agencies, even the living pensioners are struggling to get their correct pension, then who will help these widows to get their 2nd family pension.

The ex-servicemen welfare organizations like IESL, IESM, AFA, Naval Foundation etc., should take up the matter seriously with the government and render justice to these widows.

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kadali said...
Department of Pension and Pensioner’s Welfare through its Office Memorandum No. 1/19/96-P&PW(E) dt.19/7/2002 allowed family pension under the EPF Scheme 1995 and the FPS 1971 in addition to the Family Pension under Rule 54 of the CCS (Pension) Rules 1972. This OM clarified only the effective date of original OM dated 27-07-2001 for its effective date i.e. from 27-07-2001 and nothing else. In fact,this date 27-07-2001 has no nexus with the objective sought to be achived by the EPS' 1995 which is effective from 16-11-1995 and the said Scheme was framed by the Parliament which has prevailing effect over the administrative action which can not be binding on the intention of the Legislture. Further, EPS'95 prescribes the contribution @8.33% on the wages of Rs.6500/-p.m. (max) (i.e. 541/- p.m.. If date is fixed effective from 27-07-2001, what happens to be contribution of re-employed employees from 16-11-1995 to 27-07-2001. Hence, the Cut off date 27-07-2001 is illegal and needs to be rectified as the second pension under EPS'95 is contibutory.

Further, though second service pension for re-employment has been granted, yet second family pension fr such service unlike EPS'95 has not been granted which also can be taken up. 

regards,
krk rao
Ex-sgt
HR Manage (in a Navratna CPSU)
September 14, 2009 at 10:32 AM
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 ramdas said...
A very nicely worded letter to open the eye of the concerned authorities to reissue the letter through news paper and other media for the struggling widows to get their second family pension.Exservicemen organisations should immediately take up the issue with utmost priority.In this case mainly PBORS widows are affected as second employment is done by them due to the truncated defence service.
September 14, 2009 at 12:44 PM

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 Veteran Prabhjot Singh Chhatwal said...
Dear Veteran Muthu,
My organization has been raising the issue of 2nd Family pension for the widow of ex-serviceman, who drew two pensions during his life time, for the last so many years .It was raised by us with Sixth pay commision also.The commision did mention this demand of ex-servicemen but gave no comments on this point.We again raised this with the committee headed by Secy,Ex-Servicemen Welfare Deptt. Sh.SM Krishna but the Govt has refused it. We are going to raise it again. Dear Muthu please note ..I have changed my old blog .. pjsforpbor.. to... veteran PJS Chhatwal speaks.Please surface and see for yourself. Veteran Prabhjot Singh Chhatwal PLS Retd.
September 16, 2009 at 10:38 PM

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 DEFENCE PBOR PAY AND PENSION said...
I am an exserviceman with 15 years of service getting defence pension. Later I joined a PSB and got special vrs in 2001 after 14 years of service. Now, my option for second pension is declined for not completing 15 years bank service. I request your help and advice, whether, 1)I can get service relaxation to get bank pension or 2)is there any possibility to merge the defence service 15 years with banks 14 years service to get ONE pension. pls reply at the earliest. smesan@gmail.com
February 1, 2011 at 7:20 PM
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 hanuveer said...
1.My Late husband Maj K S Rathore, Regiment 4 KUMAON was commissioned in Dec 1975, with 57 Regular from IMA. He took Pre Mature Retirement in 1998. He was drawing pension. He took up a job with the Home Guards, Rajasthan Govt. He served 10+years in this job and would have got his second pension had he been alive.

2. The state government family pension is almost double, that of the Army family pension, for less then half service (22 years in the Army vis a vis 10 years in the Home Guards). The anomaly is that at the time when the family pension is desperately required from both the sources the rules say that I am eligible to draw only on family pension, from the source I choose and have to give up the other family pension. I obviously choose to draw the family pension of Rajasthan Government, being more till OROP is implemented. I will then choose the Army Family Pension after returning the state governments full amount drawn till date.

3. Is the above rule applicable to my case. Can i draw two family pension’s.

Awaiting your reply

Warm regard’s
Mr’s Yogeshwari Rathore
February 3, 2011 at 12:58 PM

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 Anonymous said...
Dear Sir,
I am an Ex Jwo served in Central bank Of India,and eagerly waiting for Govt. orders in this matter.I have known two such widows cases in our bank whose husbunds have served in army and navy who are in receipt of only pension from bank.
I wish govt. would come out with some orders based on the out come of Kochis Tribunals judgement instructing AFRO to pay the second pension to wife of deseased Sgts wife.

Anyone having clear idea about the present state of the issue may kind reply me so that i can guide some effected widows.

B Augustine Ex JWO ( Rdo/Fit )
augustine_bantu@yahoo.com 040-23770884
November 5, 2011 at 2:08 PM

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 sudhir said...
sir,
myself kvr sudhir, my father was an exserviceman after his service he joined in postal services , unfortunately i lost my father due to sudden heart attack datd sep 2008.govt option to one family pension only we optioned for postal family pension for that we received noc from defence side.
sir, we are eligible now for both family pension and the 6 th central pay commission amount not yet received from naval side.
February 3, 2013 at 5:38 AM
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 dr azmath said...
sir/my father was retired from airforce and reemployed in railways on defence quota.after his death in 2009.we cant be given 2 family pensions.so we chose the higher amount one.which was railways.i have come to know reccently from somebody that we can take 2 family pensions.is it true.if its true.plz tell me where can i get the G.o.or info regarding the above.
November 27, 2014 at 8:14 PM

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Post a Comment

1 comment:

  1. Dear Sir,
    The central government has already issued a notification regarding dual family pension. A widow now can get two family pensions if the deceased worked in central government or the state government which had issued GO's in this regard. For example state of Rajastan, Punjab, Maharashtra, etc. And now Andhra Pradesh. We belong to telangana state my father worked in army and state police. My mother is getting pension from army only. When applied for state pension they said that there is no GO. Regarding dual family pension as for as telangana is concerned?? What to do now?? Whether telangana gov't will issue a G.O. ??

    ReplyDelete

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