PCDA Circular 619 - High Court Order About Conditional Sanction

Regarding deletion of note of conditional sanction printed in PPOs of Pre-01.01.2006 retirees Havildar granted Hony Rank of Naib Subedar in compliance of Hon’ble High Courts and AFTs orders.

Office of the CDA(Pensions)

Draupadi Ghat, Allahabad- 211014

Circular No. 619

Dated: 14/03/2019

Subject:– Regarding deletion of note of conditional sanction printed in PPOs of Pre-01.01.2006 retirees Havildar granted Hony Rank of Naib Subedar in compliance of Hon'ble High Courts and AFTs orders.

In compliance of various court orders, conditional sanctions were being issued by AG/P5-4 (Pen/Legal), IHQ (Mob), New beihi in respect of Pre-01.01.2006 retiree Havildars granted Hony rank of Naib Subedar for implementing Gol, Mob letter dated 12.06,2009 in their cases. Accordingly, corrigendum PPOs were/are being issued notifying their pension w.e.f. 01.01.2006 @ Rs. 8450/- for Group “X” and ( Rs. 7750/- for Group .Y and “Z as per the provisions of ibid Mob letter by this office. These Corrigendum PPOs have a Note containing that condition as “’The sanction will, however, be subject to the final outcome of appeal, if any filed before the Hon’ble Supreme Court of India. In the event, the appeal is decided in favour of liaI, the petitioners shall be liable to refund the entire amount paid to him under the ibid sanction”.

2. Of late, it has been observed that large number of such cases of pre 01.01.2006 retiree Hcivildar granted Hony rank of Naib Subedar for grant of pension in terms of Gol, Mob letter dated 12.06.2009 were decided by the various Courts/AFTS. Now, AG/PS- 4 (Pen/Legal), IHQ of Mob, New beihi has started converting conditional sanction into absolute sanction by deleting the ibid contents as printed in Note of Corrigendum PPO of these cases. Large number of such type of sanctions for deleting conditional sanction are being received in this office from Record Offices concerned for issuing Corr. PPO for deleting that Note of conditional sanction in respect of pre-01.01.2006 retiree Havildar granted Hony rank of Naib Subedar.

3. As large number of Corr. PPOs are to be issued in such cases without any

financial bearing or other changes, as such, it has been decided by the competent authority that the note The sanction will, however, be subject to the final outcome of appeal, if any filed before the Hon’ble Supreme Court of India. In the event, the appeal is decided in favour of UoI, the petitioners shall be liable to refund the entire amount paid to him under the ibid sanction” as printed in the respective PPO of those pre-01.01.200Ó retirees Havildars granted Hony rank of Naib Subedar issued in compliance of the Court/AFT orders. may be treated as deleted.

4. It is further reiterated that deletion of ibid note will be applicable only where Service Pension w.e.f. 01.01.2006 @ Rs. 8450/- for Group X and @ Rs. 7750/- for Group and Group Z were notified in compliance of various Courts/AFTS orders in respect of Pre-01.01.2006 retiree Havildar granted Hony rank of Naib Subedar and not in other cases.

5. This circular has been uploaded on this office website www.pcdapension.ni

sd/-

(Sandeep Thakur)

Addl CbA (P)

View PCDA Circular 619