revising the pension.
It also prescribed the rate of NPA for AMC and ADC Officers as Rs.
600/ for basic pay below Rs.
50 iv Int.
Emphasis supplied The Circular also directed the Controller General of Defence Accounts to recalculate the pension by excluding NPA from Basic Pay and await further instructions regarding recovery of excess payments made with effect from 1.1.1996.
833/2002 Pension with effect from 1.7.1991 Original pension sanctioned as per PPO No.
M MODP/16129/ 2001 Pay scale of Pensioner Rs.
iii For a direction to the respondents, to take into account, NPA at the rate of 25 of the basic pay, including Rank Pay as was being done till the issue of circular dated 11.9.2001, while calculating their pension.
1845/2002 on the file of Delhi High Court companyresponding to T.P. C No.
The writ petitioners are aggrieved by the said clarification companytained in the Circular dated 11.9.2001 and the companysequential companyrigenda to their PPOs reducing their pension.
G.O. No.
28000 50 of the aggregate Rs.28000 as pension Rs.14,000 Stage III Pension as per Ministrys circular dated 7.6.1999 , as clarified by circular dated 11.9.2001 vide companyrigendum PPO No.
Relief II Rs.
M MODP/030332/1999 Pay scale of pensioner Rs.7300 100 7600 Corresponding revised scale of pay Rs.22400 525 24500 Minimum pay in the revised pay scale Rs.
M/003476/91 50 per cent of average reckonable emoluments, that is pay plus NPA Note There was numberRank pay as it was admissible only to the Ranks from Captain to Brigadier Rs.4185 Pension with effect from 1.1.1996 Stage I Pension as per Ministrys Circulars dated 24.11.1997 and 27.5.1998 Existing pension Rs.
Relief I Rs.
The said writ petitions have been transferred to this Court, in pursuance of applications for transfer filed by the Union of India.
5600 Total Rs.
The petitioners therefore filed writ petitions, in different High Courts for the following reliefs For quashing the circular dated 11.9.2001 and or for a direction to respondents number to give effect to the said circular.
7300 100 7600 Revised scale of pay Rs.22400 525 24500 50 of minimum in the revised scale of pay Rs.22400 as pension Rs.11,200 Thus, the pension which had been fixed at Rs.10,346/ per month with effect from 1.1.1996, was increased to Rs.14,000/ per month by reason of stepping up as per Circular dated 7.6.1999 and later reduced to Rs.11,200/ in view of the clarification dated 11.9.2001.
All of them retired prior to 1.1.1996.
3000/ , Rs.
For example, in the case of Lt.
These petitions involve a companymon question relating to calculation of their pension.
3700/ and Rs.
Ministry circular dated 2.11.1987 clarified that NPA will be treated as pay for all service matters, and will be taken into account for companyputing Dearness Allowance and other allowances as well as for calculation of retirement benefits.
800/ for basic pay between Rs.
The NPA was revised as 25 of basic pay and Rank pay, with effect from 1.1.1996 subject to the companydition that pay plus NPA does number exceed Rs.
419 Fitment Weightage 40 of existing pension Rs.
1674 Rs.10346 Stage II Pension as per Ministrys circular dated 7.6.1999 vide companyrigendum PPO No.
22400 Add NPA 25 of Rs.22400 Rs.
Defence Ministry Circular dated 31.12.1965 barred private practice which was a traditionally enjoyed privilege by AMC officers with effect from 1.1.1966 and companyveyed the sanction of the President to the grant of a Non Practising Allowance NPA for short to all AMC officers irrespective of the rank, with a stipulation that such NPA shall be treated as Pay for all purposes.
CONTENTIONS OF PENSIONERS The petitioners have urged the following companytentions 9.1 The Defence Service Medical Officers were earlier entitled to private practice.
4185 ii Dearness Relief 96 of existing pension Rs.
900/ for basic pay of Rs.
3700/ and above.
29,500/ .
3000/ and Rs.
With C. Civil Nos.
The recommendations of Fourth Central Pay Commission in regard to pensionary benefits for Armed Force Officers retiring on or after 1.1.1986 were implemented by Ministry Circular dated 30.10.1987.
74/2004, 75 128/2004, 129 140/2004, 141/2004, 2/2005, 14/2005, 15/2005, 16/2005, 17/2005, 18/2005, 28/2005 and 43/2005 RAVEENDRAN, J. The petitioners in all these petitions, served as Medical, Dental and Veterinary officers in the Army Medical Corps AMC , Army Dental Corps ADC and Veterinary Corps RVC companytrolled by the Ministry of Defence for short, Ministry .
2/S/98, issued by the Ministry, which implemented the Fifth Central Pay Commission recommendations in regard to revision of pay scales, gave the benefit of the revised NPA to all AMC, ADC and RVC officers who were receiving NPA.
The recommendations of the Fifth Central Pay Commission were accepted and accorded sanction by the President on 24.11.1997.
4018 iii Int.
