LIBERALISED PENSIONARY AWARDS IN THE CASE
OF DEATH/DISABILITY AS A RESULT OF (i) ATTACK
BY OR DURING ACTION AGAINST EXTREMISTS,
ANTI-SOCIAL ELEMENTS, ETC. AND (ii) ENEMY
ACTION IN INTERNATIONAL WAR OR BORDER
SKIRMISHES

Consolidated orders on Pensionary Awards in the case
of death/disability as a result of (i) attack by or during
action against extremists, anti-social elements, etc.
and (ii) enemy action in International War or Border
Skirmishes

(Effective from 1st January, 1986)

[ Government of India, Department of Pension & Pensioners'
Welfare, O.M., No. 33/5/89-P. & P.W. (K), dated the
9th April, 1990 as modified by O.M. No. 45/22/97-P&PW(C), dated the 3rd February, 2000.. ]

   A number of instructions have been issued from time to time on the subject mentioned above, the last in the series being those contained in O.M. No. 2/6/87-PIC (II), dated 7-8-1987  in implementation of Government's decision on the recommendations of the Fourth Central Pay Commission. A need has, therefore, been felt to consolidate these instructions into a single order. For facility of reference in application these instructions have been re-arranged in succeeding paragraphs under suitable subject heads.

2.    Applicability

    (1)    These orders apply to all Civilian Central Government servants, who are governed by the Central Civil Services (Extraordinary Pension) Rules.

    (2)    These orders also apply to Civilian Central Government servants governed by the Workmen's Compensation Act, 1923, subject to certain adjustments being made as provided in paragraph 9.

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3.    Scope

NOTE - It  has been decided that the Liberalized Pensionary Awards as modified shall be extended to causalities suffered by the civilian Central Govt. employees assisting the IPKF in SriLanka.

    (2)    The benefits under these orders will be restricted only to those cases where the death/disability is directly caused by actual operations. The following illustrations are mentioned for guidance of sanctioning authorities to determine whether the benefits under the scheme are attracted or not. In case of any doubt, cases shall be referred to the Department of Pension and Pensioners' Welfare.

Illustration I

    Officers of Income Tax/Custom/Excise/Police proceed to carry out a raid. If on the way, any member of the team meets with an accident while travelling in a public/private/official vehicle or otherwise, the family shall not be allowed the benefit of these orders as the injury/death in such a case is not due to any actual operation. However, if any officer/member of the raiding party gets killed/injured as a result of attack by members of the opposite party, family of such a civil servant shall be entitled to the benefits of these orders.

Illustration II

    A team of Police/Armed Police members is deployed on duty during agitations. The agitation does not turn violent but the civil servant dies because of, say, heart failure, and not due to any attack by the crowd. The widow of such a civil servant shall not be entitled to the benefits of these orders. However, where a team of civil servants including Police personnel are deployed to contain an agitation by extremists, etc., and death of any civil servant takes place as a result of violence during such an agitation, the widow of the deceased shall be entitled to the benefits under these orders.

Illustration III

    Any anti-social element/extremist, etc., deliberately kills/injures any civil servant with a view to spread terror. The widow of such a deceased civil servant shall be allowed the benefit of these orders.

    (3)    If a Government servant having sustained an injury is invalided out of service with a disability pension under these orders but dies subsequently as a result of the same injury, he will be deemed to have been killed in action and the awards under these orders will be admissible to the family from the date following the date of his death.

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4.    Benefit to the family in the event of the Death of the Government Servant - family pension under categories 'D' & 'E'.

   (1)    If the Government servant is survived by the widow, she will be entitled to family pension equal to the pay last drawn by the deceased Government servant. The said family pension shall be admissible to her for life or until her remarriage.

    (2)    In the event of remarriage of the widow, family pension will be allowed at the rates of family pension and subject to the conditions laid down for family pension under the CCS (Pension) Rules, 1972, from the date following the date of her remarriage.

    (3)    If the Government servant is not survived by widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% basic pay, subject to a minimum of Rs. 2,500/- Children's Allowance, as admissible now, stands alsolished.

    The above family pension shall be payable to the children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules, 1972. The family pension shall be paid to the seniormost eligible child at a time on the lines on which family pension is regulated under the CCS (Pension) Rules, 1972.

    (4)    Where the Government servant dies as a bachelor or as a widower without children, dependant pension will be admissible to parents without reference to the pecuniary circumstances at 75 % of the pay last drawn by the deceased Government servant for both parents and 60% of the pay last drawn by the deceased Government Servant for a single parent. On the death of one parent dependant pension at the latter rate will be admissible to the surviving parent.

    (5)    Where family pension or dependant   pension is allowed in terms of these orders, no other family pension or dependant pension will be admissible under any other orders or rules in consideration of death of the same deceased Governmentservant.

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5.    Children's Allowance -- Stands abolished with effect from 1-1-96.

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6.    Benefit to Government servant in the event of his being invalided out of service on account of injury -- Grant of Disability Pension.

(a)  Disability Pension -- for cases covered under Category 'D'

   (1)    Disability Pension comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal in amount to normal family pension subject to the condition that the aggregate of the service and disability element shall not be less that 80% of the pay last drawn, for 100% disability.

    (2)    For lower percentage of disability, the disability element shall be proportionately lower as at present.

(b)    Disability Pension - for cases coverd under Category 'E'

    (1)     Disability pension, comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in normal course and disability element equal in amount to the pay last drawn subject to the condition that the aggregate of the service and disability elements shall not exceed the pay last drawn, for 100% disability.

    (2)  For lower percentage of disability, the disability element shall be proportionately lower as at present. 

            (i)    The extent of disability or functional incapacity shall be determined in the following manner for purposes of computing the disability element forming part of benefits:--

            (ii)    The findings of the Medical Board on the extent of disability would be treated as final and binding unless the employee himself seeks a review by preferring an appeal to an Authority immediately superior to the one who had constituted the board. In case the appeal is accepted and a review Medical Board is constituted, the findings of the Board would be binding on all parties.

                    The extent of disability as determined and accepted would by treated as final and the employee would not be required to appear before medical Board periodically for the purpose of obtaining a certificate that the disability continues to persists.

(2)    Where disability pension is allowed under these orders, no other pension will be admissible.

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7.    Benefits under these orders not to affect normal entitlements to Death/Retirement Gratuity, etc.

   Grant of family pension under para. 4 or disability pension under para. 6 of these orders does not in any way affect normal entitlement to Death Gratuity or Retirement Gratuity, as the case may be, under the CCS (Pension) Rules, 1972, or the employer's contribution to the Contributory Provident Fund in the case of persons governed by CPF Scheme or the benefits under the Central Government Employees' Group Insurance Scheme.

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8.    Definition of expression 'Pay'

   The term 'Pay' referred to in these orders means the basic pay in the revised scales of pay promulgated under CCS (Revised Pay) Rules, 1997, as defined in FR 9 (21) (a) (i) and also includes non-practising allowance granted to medical officers in lieu of private practice. It also includes stagnation increments.

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9.    Government servants governed by Workmen's Compensation Act, 1923

   The Government servants governed by the provisions of the Workmen's Compensation Act, 1923, shall also be eligible for the awards under these orders. Where the benefit admissible under these orders is more than the benefits admissible under the Workmen's Compensation Act, 1923, the compensation admissible under the said Workmen's Compensation Act, 1923, will not be separately payable. If, however, the sum admissible under these orders is less than the amount payable as compensation under (i) the Personal Injuries (Emergency Provision) Act, 1962, as amended by the Personal Injuries (Emergency Provision) Amendment Act, 1971, and (ii) the Personal Injuries (Compensation Insurance) Act, 1963, as amended by the Personal Injuries (Compensation Insurance) Amendment Act, 1971, they shall have a right to receive an amount equal to the difference between the sum admissible under these orders and the amount of compensation payable under the said Acts. For the purpose of determining such difference, the latter amount shall be converted, if necessary, into a recurring monthly payment by applying the table given in the annexure as in the illustration below -

Illustration

    Suppose the lump sum amount is Rs. 2,437 and the age last birthday of the beneficiary is 43 years. The factor givan in Col.(2) against age 43 of the table enclosed is 0-00652957. The equated monthly installment will be equal to 2,437 x 0.00652957, i.e., Rs. 15.91 (rounded to the nearest paise).

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10.    Procedure for Grant of Awards and Residuary Provisions

   (1)    The procedure prescribed for grant of awards under the CCS (EOP) Rules will continue to be followed for grant of award under these orders.

    (2)    Except where expressly provided otherwise in these orders, the other conditions prescribed for grant of awards under the CCS (EOP) Rules will continue to be applicable.

        Different departments and offices shall have the powers to grant disability/family pension covered under the Government orders and instructions issued on the subject. They shall exercise these powers, wherever necessary, in consultation with the Financial Advisers. Only in cases not covered strictly in terms of the Government guidelines and instructions, referance to Department of Pension and Pensioners' Welfare shall be made.  

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11.    Date of Effect

   These orders will be effective from 1-1-1996. The past cases of pre-1996 pensioners/family pensioners will be revised under this Dept.'s  O.M. No. 45/86/97-P.& P.W.(A)-Part-II, dated 27-10-1997. Such consolidated pension, shall, however, be subject to the provisions of the Dept.'s O.M. No. 45/10/98-P. & P.W. (A), dated 17-12-1998.

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12.   Interpretation

    Where any doubt arises as to the interpretation of the provisions of these orders, it shall be referred to the Government in the Department of Pension and Pensioners' Welfare for decision.

13.   In their application to the staff working in the Indian Audit and Accounts Department, these instructions have been issued in consultation with the Comptroller and Auditor-General of India.

14.    Ministry of Agriculture, etc., are requested to bring these orders to the notice of all concerned for their guidance.

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ANNEXURE