With implementation of the OROP the Qualifying Service is now a very important factor for all Pensioners and Family Pensioners. The QS as mentioned in your PPOs is to be considered by the PDAs while fixing your pension under the OROP Scheme. It is therefore important that you must check the same in your PPOs for correctness as per your Records of Service.
For convenience the QS in respect of various types of entries are explained below;-
Pension Regulations for the Army, Part -I (2008)
QUALIFYING SERVICE FOR PENSION:
17. The term qualifying service shall mean:
(a) For Pension –
(i) Officer including Military Nursing Service Officer - Actual qualifying service rendered by the Officer plus a weightage (in years) appropriate to the last rank held as indicated below subject to the total qualifying service including weightage not
exceeding 33 years.
NOTE :: Counting of Privious Service in Ranks. The Qualifying service in the 6th CPC Corr PPO is being noted as under:-
( 1) AO 56/2001 para (I) states that in the past there was a provision for counting of pre-commissioned service in the ranks of the Armed Forces and civil department of Govt. of India towards pension of permanent commissioned officer. Prior to 01 July 1966, only one half of such pre commissioned service was being counted for pension. It was raised to two third w.e.f. 01/07/1966 and full w.e.f. 01/07/1986.
(2) The issue of counting pre-commissioned service was revised by the fourth central pay commission and Govt. of India issued orders for counting of full pre-commissioned service on or after 01/01/1986, vide Note No.(4) under para 5 of Govt. of India ,Ministry of Defence letter No.1(5)/87/D/(Pen/Sers) dated 30/10/1987 which reads as follows :-
"The weightage is auto calculated as per the table under Cir No. 500. Hence No separate information is required to be given. The same will be available on the Public domain of the PCDA(P) Allahabad/Govt of India letter No.1(6)/1998/D(Pen/Ser) dated 30-20-1998".
All cases of pre-01/01/1996 are to be dealt as per order on the subject i.e. Prior to 01/07/1966 QS as OR to be taken half of the gross OR service to commission service. After 01/07/1966 and up to 31/12/1985, Two/Third of the QS as OR, and from 01/01/1986 onwards complete QS as OR is to be added to the commissioned service.
In a particular case where an offr has supposedly retired on 30/04/1979, the net qualifying service as OR to be added in the commissioned service will be 2/3rd of gross OR service.
(ii) Personnel Below Officer Rank - Actual qualifying service rendered by the
individual plus a weightage of 10 years in the case of Sepoy, 8 years in the case of Naik
and 6 years in the case of Havildar and 5 years in the case of Junior Commissioned Officer subject to the total qualifying service including weightage not exceeding 30 years in the case of Sepoy, Naik and Havildar and 33 years in the case a Junior Commissioned Officer.
If qualifying service of a Sepoy, Naik and Havildar is more than 30 years with 5 years
weightage, he would continue to get the same.
NOTE: - The period of service rendered after the date of countersignature of the
proceedings of the medical board, declaring the individual unfit for military service
to the date of actual discharge, will be treated as qualifying service to the grant of
pension/gratuity.
NDA/Direct Entries/SS offrs
Authority - Para 19 Def Svc Regulations Part-1
(a) (ii) In the case of Engineering Graduates, if Short Service Commission is followed by permanent commission, the period during which an Officer holds Short Service Commission on probation will reckon for the purpose of pensionary benefits.
(c) Service in the rank below that of Commissioned Officer – Service in the Armed
Forces in the rank below that of Commissioned Officer, if followed by Commissioned
service without a break subject to the refund of the gratuity in the prescribed manner to the Government, if any, other than war gratuity received in respect of such service. The detailed factor for addition has been explained above.
For convenience the QS in respect of various types of entries are explained below;-
Pension Regulations for the Army, Part -I (2008)
QUALIFYING SERVICE FOR PENSION:
17. The term qualifying service shall mean:
(a) For Pension –
(i) Officer including Military Nursing Service Officer - Actual qualifying service rendered by the Officer plus a weightage (in years) appropriate to the last rank held as indicated below subject to the total qualifying service including weightage not
exceeding 33 years.
NOTE :: Counting of Privious Service in Ranks. The Qualifying service in the 6th CPC Corr PPO is being noted as under:-
( 1) AO 56/2001 para (I) states that in the past there was a provision for counting of pre-commissioned service in the ranks of the Armed Forces and civil department of Govt. of India towards pension of permanent commissioned officer. Prior to 01 July 1966, only one half of such pre commissioned service was being counted for pension. It was raised to two third w.e.f. 01/07/1966 and full w.e.f. 01/07/1986.
(2) The issue of counting pre-commissioned service was revised by the fourth central pay commission and Govt. of India issued orders for counting of full pre-commissioned service on or after 01/01/1986, vide Note No.(4) under para 5 of Govt. of India ,Ministry of Defence letter No.1(5)/87/D/(Pen/Sers) dated 30/10/1987 which reads as follows :-
"The weightage is auto calculated as per the table under Cir No. 500. Hence No separate information is required to be given. The same will be available on the Public domain of the PCDA(P) Allahabad/Govt of India letter No.1(6)/1998/D(Pen/Ser) dated 30-20-1998".
All cases of pre-01/01/1996 are to be dealt as per order on the subject i.e. Prior to 01/07/1966 QS as OR to be taken half of the gross OR service to commission service. After 01/07/1966 and up to 31/12/1985, Two/Third of the QS as OR, and from 01/01/1986 onwards complete QS as OR is to be added to the commissioned service.
In a particular case where an offr has supposedly retired on 30/04/1979, the net qualifying service as OR to be added in the commissioned service will be 2/3rd of gross OR service.
(ii) Personnel Below Officer Rank - Actual qualifying service rendered by the
individual plus a weightage of 10 years in the case of Sepoy, 8 years in the case of Naik
and 6 years in the case of Havildar and 5 years in the case of Junior Commissioned Officer subject to the total qualifying service including weightage not exceeding 30 years in the case of Sepoy, Naik and Havildar and 33 years in the case a Junior Commissioned Officer.
If qualifying service of a Sepoy, Naik and Havildar is more than 30 years with 5 years
weightage, he would continue to get the same.
NOTE: - The period of service rendered after the date of countersignature of the
proceedings of the medical board, declaring the individual unfit for military service
to the date of actual discharge, will be treated as qualifying service to the grant of
pension/gratuity.
NDA/Direct Entries/SS offrs
In their case the QS will be from the date of commission to date of retirement, which is also their commissioned service.
Tech Graduates - Basic Data :
Example as below explains the QS in their case
(a) First day of commencement of training at IMA Dehradun = 06 Aug 1965.
(a) First day of commencement of training at IMA Dehradun = 06 Aug 1965.
(b)
Date of passing out from IMA : 15 Jun 1966.
(c)
Date of Super Annuation : 31 Mar 1998
Commissioned Service. is from 15 Jun 1966 to 31 Mar 1998. It is the actual service rendered as a Commissioned Officer
Qualifying Service. For pension it is from 06 Aug 1965 to
31 Mar 1998 and the same will be given in the Original PPO under coln 8.
Seniority for Promotions etc. will be counted from 15 Jun 1964 having been granted two years ante-date seniority.
Authority - Para 19 Def Svc Regulations Part-1
(a) (ii) In the case of Engineering Graduates, if Short Service Commission is followed by permanent commission, the period during which an Officer holds Short Service Commission on probation will reckon for the purpose of pensionary benefits.
(c) Service in the rank below that of Commissioned Officer – Service in the Armed
Forces in the rank below that of Commissioned Officer, if followed by Commissioned
service without a break subject to the refund of the gratuity in the prescribed manner to the Government, if any, other than war gratuity received in respect of such service. The detailed factor for addition has been explained above.
(g) Previous pensionable service civil service - Any period of pensionable civil
service under Central/State Government if followed by military service, without a break
and subject to the condition that gratuity and interest, if any, received in respect of such
service being refunded to the Government in the prescribed manner.
( j ) Period of ante-date of commission and secondment in the case of Officer of the Army Medical Corps and Army Dental Corps- The period of ante-date of commission granted to an Officer in respect of an approved whole time appointment held in a recognised civil hospital prior to commissioning and/or possession of a post graduate diploma/higher qualifications; and the periods of secondment of an Officer for the purpose of attending a course in a recognised institution subject to the following maxima:
(i) Ante-date of commission 18 months
(ii) Secondment 12 months
(iii) When both ante-date and secondment have been granted = 24 months
Provided that in the case of an Officer who obtains a post-graduate diploma or higher qualifications while in civil service or in temporary military service, the periods of ante-date given for such higher qualifications shall not be allowed to count for pension/gratuity if such civil service or temporary military service counts for pension or gratuity as a Commissioned Officer. However, if the post graduate diploma or higher qualification is acquired either before joining the civil service or after leaving the civil service and before joining the Army Medical Corps or Army Dental Corps, the periods of ante date granted on account of such higher qualifications shall continue to reckon for pension under the existing rules.
(k) Period of secondment in case of Military Nursing Service Officer- The period of secondment in the case of Military Nursing Service Officer if not exceeding 12 months
in aggregate.
Other Entries - The Qualifiying Service will be equal to the Commissioned Service Plus Service as Other Ranks or Service in State or Central Govt or Erstwhile State Forces that got merged with Indian Armed Forces.
service under Central/State Government if followed by military service, without a break
and subject to the condition that gratuity and interest, if any, received in respect of such
service being refunded to the Government in the prescribed manner.
( j ) Period of ante-date of commission and secondment in the case of Officer of the Army Medical Corps and Army Dental Corps- The period of ante-date of commission granted to an Officer in respect of an approved whole time appointment held in a recognised civil hospital prior to commissioning and/or possession of a post graduate diploma/higher qualifications; and the periods of secondment of an Officer for the purpose of attending a course in a recognised institution subject to the following maxima:
(i) Ante-date of commission 18 months
(ii) Secondment 12 months
(iii) When both ante-date and secondment have been granted = 24 months
Provided that in the case of an Officer who obtains a post-graduate diploma or higher qualifications while in civil service or in temporary military service, the periods of ante-date given for such higher qualifications shall not be allowed to count for pension/gratuity if such civil service or temporary military service counts for pension or gratuity as a Commissioned Officer. However, if the post graduate diploma or higher qualification is acquired either before joining the civil service or after leaving the civil service and before joining the Army Medical Corps or Army Dental Corps, the periods of ante date granted on account of such higher qualifications shall continue to reckon for pension under the existing rules.
(k) Period of secondment in case of Military Nursing Service Officer- The period of secondment in the case of Military Nursing Service Officer if not exceeding 12 months
in aggregate.
Other Entries - The Qualifiying Service will be equal to the Commissioned Service Plus Service as Other Ranks or Service in State or Central Govt or Erstwhile State Forces that got merged with Indian Armed Forces.
Commissioned Service for various entries is as under:-
(a)
Technical Graduates = The first day of training in IMA/OTA or
officer training academies of IAF and Navy to date of Retirement .
(b) SS Officers / NDA / Direct Entry - Day of
passing out to the date of Retirement.
(c) ACC Entry Officers = Date of Passing out from IMA to date
of Retirement.
It should be noted that there is difference in Qualifying Service for Pension and the Commissioned service pertaining to certain conditions like Time Scale Promotions based on commissioned service and grant of particular Rate of Pension based on Qualifying Service.
QUALIFYING SERVICE FOR PENSION
The minimum
period of qualifying service for earning retiring pension shall be 20 years (15
years in the case of late entrants).
Linkage of
full pension with 33 years of qualifying service has been dispensed with w.e.f 01/01/2006.
Wtg in Yrs
|
|
Subaltern
|
9 years
|
Captain
|
9 Years
|
Major
|
8 Years
|
Lt. Col. (TS)
|
5 Years
|
Lt. Col. (S)
|
7 years
|
Col.
|
7 Years
|
Brig
|
5 Years
|
Genl offrs
|
3 Years
|
A fraction
of a year equal to 3 months and above but less than 6 months shall be treated
as a completed ½ year. Similarly, nine months or more but less than one year
shall be treated as a competed one year and reckoned as qualifying service.
This shall, however, not be applicable for completing minimum qualifying
service for pensionary awards incl PMRs.
http://www.pcdapension.nic.in/oldsite/comm/coretiring.htm#
EC/SSC OFFICERS
Serving JCOs/ORs and equivalent ranks of NAVY & AIR FORCE granted EC/SSC, will be eligible
for retiring pension after 12 years of qualifying service (without weightage)
actually rendered.
Note:
ECOs/SSCOs retiring after rendering actual qualifying service of 12
years and more but less than 20 years will be granted uniform weightage of 5
years and those retiring after rendering actual qualifying service of 20 years
and more will be granted rank-wise weightage as mentioned in para-5(b)(1) of Govt.
of India, Min. of Defence letter no. 1(6)/98/D(Pen/Sers) dated
03/02/98. shown in the chart above.
Authy : Govt. of India, Min. of Defence letter no.
PCB/39028/AG/PS-4 (A&C)/863/B/D/(Pen/Sers) dt. 28/11/2000.
OFFICERS CASHIERED, DISMISSED, REMOVED, OR CALLED UPON TO RETIRE
: - An officer, who is cashiered or dismissed under the provisions of Army Act, is not eligible for pension or gratuity. In exceptional cases, he/she may, at the discretion of President, be granted pension/gratuity at the rate not exceeding that for which he/she would have otherwise qualified, had he/she been retired on the same date in the normal manner.
Auth : Regn. 24 of PRA modified
DEFINITION OF LATE ENTRANTS
A late entrant is an officer who is released on reaching the prescribed age limit for compulsory retirement with at least 15 Years service (without weightage) qualifying for pension but whose actual qualifying service is less than 20 Years without weightage.
Authy: Rule 15 P.R.A. modified.
DEFINITION OF LATE ENTRANTS
A late entrant is an officer who is released on reaching the prescribed age limit for compulsory retirement with at least 15 Years service (without weightage) qualifying for pension but whose actual qualifying service is less than 20 Years without weightage.
Authy: Rule 15 P.R.A. modified.
FRACTIONAL SERVICE RULE
Rule position of Fractional service is as under:-
(a)
All those retired prior to 28 Jun 1983. Only full years to be counted .
(b)
All those retired post 28 Jun 1983. Service beyond three months to be counted
as half a year. Auth: Government of India, Ministry of Defence letter
No.B/38076 /AG/ PS4(a) /2190/A/ (Pension/Service) dated 6.8.1984 with effect
from 28th June,1983.
This was
challenged by Hav KP Nandakumar and Nk CA Joshep in AFT Kochi in 2012. They
demanded those who retired prior to 28 Jun 1983 aslo be given the benefit of
counting fractional service in qualifying service. Their plea was upheld.
Prior to that
AFT Chennai in Capt VCN Kutty Vs Union of India in OA No 37 of 2011 ruled that
fractional service benefit be given to all pre – 28 Jun 1983 pensioners too.
EFFECT OF FORFEITURE OF SERVICE BY COURT MARTIAL UNDER THE
ARMY ACT, 1950.
22. The period of service, which has been forfeited under Section 71(h) of the Army
Act, 1950 by a court martial shall not be counted towards the pensionary awards.
EFFECT OF FORFEITURE OF SERVICE BY COURT MARTIAL UNDER THE
ARMY ACT, 1950.
22. The period of service, which has been forfeited under Section 71(h) of the Army
Act, 1950 by a court martial shall not be counted towards the pensionary awards.
Post 2006 all retirees are entitled full pension for all as long as you are qualified to receive pension. So the stepping up has been waived. What about pre-2006 retirees.
ReplyDeleteThe OROP caters for this being based on QS since it is at par with post 2006 retirees and is not related to 33 yrs of service formula of fraction.
ReplyDeleteHowever for Pre 2006 the formula of 33 yrs as on date stands and is under consideration for wave off, let us wait for the decision since it will be applicable to all retirees of Central Govt.