Restoraton of Pension of Widow, etc.as per Pay Scales 1994

Notified Benefit to Family Pensioners of Punjab

1. Restoration of surrendered/commuted part of pension Federal Government allowed to “civil pensioners” in 1985-86.  This benefit the Govt subsequently allowed to family pensioners also through para 8 (a) of Finance Division O.M. No.F.1(2)-Imp/94(i) dated 15 Jun 1994 on the subject “Revision of basic pay scales and fringe benefits of civil employees (B 1~22) of the Federal Government (1994).  The said para 8 reads as under:-
2. The following relief to the widows, dependents retarded and incapacitated children, and invalid pensioners govt allowes w.e.f. 1^stJune 1994:- 

• Restoration of commuted value/gratuity portion of families on completion of the required period. 

• Grant of family pension to dependent disabled / retarded children for life without any age limit. 

• Elimination of second medical board for the invalidated pensioners for eligibility of commutation. 

2. Surrendered/commuted part of all family pensions, therefore, Govt restored from 1 June 1994. Speaking legally, all conflicting provisions (rules, orders, explanations, and notes about non-restoration of family pensionin death during service cases, if any) existing on 31.5.1994, stood amended through the unqualified and unconditional orders from 1.6.1994..

3. Identically worded orders, but naming the provincial government servants in the subject, were issued by all provincial governments also in 1994. Para 8 was included therein verbatim. The provincial Accountants General and District Accounts offices took due to action on orders about payscales, but the importance of para 8 (a) about family pensioners was not appreciated by their Pensions Sections.

Sindh Government Orders

4. Finance Department, Government of Sindh, went as far as issuing clarification No.9 vide letter No.FD(SR-III)3-91/94 dated 30.7.1996 barring restoration of commuted pensionto family pensioners in cases where government servant had died during service. After more than 9 years, Finance Department withdrew this clarification, admitting it as averse to para 8 (a) of 1994 orders.  Finance Department advised all the concerned under No.FD(SR-III) 3/91-94 dated 4 Jan 2006 (copy below) to allow the benefit of restoration of family pension of widows whose husband had died during service.
5. A similar position, certain Accounts offices of Khyber Pakhtunkhwa took initially. However, restoration benefit Government allowed to family pensioners once the true impact of 1994 orders was appreciated.

Punjab Government Present Status

10. The Finance Department of the Government of Punjab is however still reluctant to extend this benefit to the family pensioners, despite the fact that it had extended the benefit to family pensioners through 1994 orders.
11. Different interpretation by Government of Punjab of the identically worded orders has led to the denial of duly extended benefit to family pensioners of Punjab. The government would do well to extend the benefit in question to family pensioners as already done by the Federal government, and the governments of Sindh and KPK.

No.FD.PC-2-2/94 Dated the 18^th July 1994

Subject:           REVISION OF PAY SCALES AND FRINGE BENEFITS OF CIVIL  

                        EMPLOYEES (BS 1-22) OF PUNJAB GOVERNMENT (1994)

I am directed to state that the Governor of Punjab is pleased to sanction the revision of Basic Pay Scales for the employees of the Government of Punjab drawing pay in BS-1 to BS-22 as detailed in the following paragraphs.

7. PENSION & RETIREMENT BENEFITS: In the case of persons retiring from 01.06.1994 onwards in BS-17 to 22, the pension will be recalculated on 01.06.1995 on the basis of pay re-fixed with a 35% increase in the pay in the second phase. New pension will, however, be admissible from 01.06.1995 and no arrears will be admissible.
8. The following relief to the widows, dependents, retarded and incapacitated children, and invalid pensioners shall be allowed w.e.f. 1^stJune 1994:

• Restoration of commuted value/gratuity portion of families on completion of the required period.
• Grant of family pension to dependent disabled/retarded children for life without any age limit.
• Elimination of second medical board for the invalidated pensioners for eligibility of commutation.