Saturday, March 12, 2016

AP Pension Rules calculation of pension based on the pay last drawn as per G.O.NO: 223.

Andhra Pradesh Revised Pension Rules - 1980 calculation of pension based on the pay last drawn–Extension of the benefit to all employees retired prior to 25-05-1998 as per G.O.NO: 223, AP Pension calculation of pension based on the pay last drawn as per G.O.NO: 223, AP Revised Pension Rules calculation of pension based on the pay last drawn–Extension of the benefit to all employees as per G.O.NO: 223.

AP Pension Rules calculation of pension based on the pay last drawn as per G.O.NO: 223.

AP 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.



FINANCE (HRM-VI) DEPARTMENT

G.O. Ms No.223 Dated 15.12.2014.

Read the following:
  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.
ORDER:

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 servantsretired 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.

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

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. P.V. RAMESH

PRINCIPAL SECRETARY TO GOVERNMENT(R&E).


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