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Showing contexts for: emoluments in Dr. K.C. Garg And Ors. vs Union Of India (Uoi) And Ors. on 18 May, 2002Matching Fragments
(i) Retiring Pension.
(ii) Superannuation Pension
(iii) Compensation Pension
(iv) Invalid Pension.
2. In accordance with the provisions contained in CCS (Pension) Rules, 1972 and the Government's order issued there under, at present pension of all pre-1986 pensioners is based on the average emoluments drawn by them during last completed 10 months immediately preceding the date of retirement and similarly family pension is based on the last pay drawn by the deceased Government servant/pensioner Government has, inter alia accepted the recommendation of Fifth Central Pay Commission to the effect that the pension of all the pre-1986 retirees may be updated by notional fixation of their pay as on 1.1.1986 by adopting the same formula as for the serving employees and thereafter for the purpose of consolidation of their pension/family pension as on 1.1.1986, they may be treated alike those who have retired on or after 1.1.1986.
A. O.M. No. 45/86/97-P&PW(A)-Pt.I dated October 27, 1997
2. The first sentence of paragraph 5 of the Office Memorandum relating to "Pension" may be substituted by the following:-
"Pension shall continue to be calculated at 50% of the average emoluments in all cases and shall be subject to a minimum of Rs. 1,275 per month and a maximum of up to 50% of the highest pay applicable in the Central Government, which is Rs. 30,000 per month since 1st January, 1996, but the full pension in no case shall be less than 50% of the minimum of the revised scale of pay introduced with effect from 1st January, 1996 for the post last held by the employee at the time of his retirement. However such pension will be suitably reduced pro-rata, where the pensioner has less than the maximum required service for full pension as per the rule (Rule 49 of CCS (Pension) Rules 1972) applicable to the pensioner as on the date of his/her superannuation/retirement and in no case it will be less than Rs. 1275/- p.m."
No stagnation increment will be admissible over and above the pay fixed on notional basis as on 1.1.1986.
3. Whether special pay, Deputation Allowance, Personal Pay, Desk Allowance etc. which have not been treated as emoluments for the purpose of fixation of notional pay under Central Civil Services (Revised Pay) Rules, 1986 should continue to be treated as emoluments for the purpose of computation of revised pension on the basis of pay fixed on notional basis.
Under Rule 33 of Central Civil Services (Pension) Rules, 1972 w.e.f. 1.1.1986 the expression 'Emoluments' means basic pay as defined in Rule 9(21)(a)(i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death and also includes non-practicing allowance granted to Medical Officers in lieu of private practice. FR 9(21)(a)(i) reads as follows:-
11.1 We may, in this connection, notice that emoluments has been defined in Rule 33 of CCS (Pension) Rules, 1972 in the following terms:-
"The expression 'emoluments' means basic pay as defined in Rule 9(21)(a)(1) of the Fundamental Rules which a Government servant is receiving immediately before his retirement or on the date of his death and will also include Non practicing Allowance granted to the Medical Office in lieu of private practice."
Thus, even in terms of the aforementioned definition, N.P.A. would be part of pay.