DR Rule Upon Re-employment of Armed Forces Personnel of India
It has been noticed that at the time of submission of Life Certificate through SPARSH Portal, there are options whether you are reemployed or not. Most people select the “No” option. In case of PBOR who are reemployed and selected the Reemployed Status as ‘Yes’, their DR may be deducted from pension. as per Regulation 83(a) of PRA 2008 Part -II. This happened with thousands of Defence Pensioners.
The thing they might have missed that as per Regulation 83(c), PRA 2008 Part-II, they need to upload a certificate in the effect that their pension has been ignored for fixation of pay at the time of pay fixation in their new reemployed post .
Pay fixed at higher stage due to Advance increment is also allowed to get DR in Pension as his pay fixation is to be treated as “Fixed at Minimum stage”. It also be mentioned in the certificate that Your pay at the reemployed post has been fixed at the minimum of pay scale of the reemployed post.
In Case of commissioned officers, they are not allowed to draw DRT in Pension in case of reemployed in Govt Dept. They should know the detailed rules and regulations in this matter which are mentioned in the succeeding paragraphs.
Regulation 83. (a) of Pension Regulation for the Army Part-II
(a) If a pensioner is re-employed under the Central or State Government or a Corporation/Company/ Body/Bank under them in India or abroad including permanent absorption in such Corporation/Company/Autonomous Body/Bank, he shall not be eligible to draw dearness relief on pension during the period of such re-employment and he shall be required to furnish a certificate of non-employment or re-employment as in Appendix XVIII (3) to these Regulations once in a year in the month of November.
Regulation 83. (b) of Pension Regulation for the Army Part-II
(b) In the event of non-production of non-employment or reemployment/employment certificate, the payment of dearness relief on pension shall be stopped until the pensioner produces the same.
Regulation 83. (c) of Pension Regulation for the Army Part-II
(c) The payment of dearness relief shall be allowed to re-employed Armed Forces pensioner in the case of those who held the rank below the rank of Commissioned Officer, subject to furnishing a certificate to the Pension Disbursing Authority concerned by the Armed Forces authority or Central Govt. Dept. concerned including subordinate organisation employing Armed Forces Pensioners and maintaining service records of the re-employed pensioner retired from military service that :-
(i) The entire amount of pension sanctioned by the Central Government was ignored in the fixation of the pay on re-employment i.e. no part of pension was taken into account in such fixation of pay in the pay scale of the post in which the Armed Forces personnel was re-employed.
(ii) The pay of the re-employed pensioners was/is fixed at the minimum of the pay scale of the post in which he had/has been re-employed after discharge from Armed Forces.
Regulation 83. (d) of Pension Regulation for the Army Part-II
The payment of dearness relief on family pension to employed family pensioners shall remain payable during the period of employment.
Regulation 83. (e) of Pension Regulation for the Army Part-II
A pensioner employed outside India under a foreign Government or a private organisation shall remain eligible for dearness relief on pension/family pension.
Regulation 83. (f) of Pension Regulation for the Army Part-II
(f) On cessation of re-employment the payment of dearness relief shall be resumed by the Pension Disbursing Authority.
1. Pensioners who held the rank of Commissioned Officers are not entitled for dearness relief on their pension during the period of their re-employment.
2. The pay fixed at a higher stage because of advance increments and where no protection of the pay last drawn has been given , the pay shall be treated as fixed 66 Pension Regulations for the Army, Part II (2008) at the minimum only for the purpose of ignoring the entire pension and allowing dearness relief.