SRINAGAR: The Jammu and Kashmir Finance Department has issued a clarification on the admissibility of Additional Quantum of Pension in cases where a pensioner draws both service and family pension, stating that the benefit will be allowed on only one pension—whichever is higher—ending ambiguity that had led to objections and recovery proceedings in some cases.
A circular regarding the admissibility of Additional Quantum of Pension/Family Pension in cases where a pensioner receives both Service Pension and Family Pension was issued by the Finance Department of Jammu and Kashmir.
As per existing provisions, the rules are silent on the admissibility of Additional Quantum of Pension where a pensioner is simultaneously in receipt of both Service Pension and Family Pension, reads a circular issued by the Finance Department.
Representations have been received from various quarters seeking clarification on the issue, particularly in view of objections raised by certain Treasury Officers and consequential recovery proceedings initiated in cases where Additional Quantum of Pension has been allowed on both pensions.
The matter has been examined in the Finance Department, and it is observed that the benefit of Additional Quantum of Pension is personal to the pensioner/family pensioner and is linked to the age of the individual, with the objective of offsetting increased financial and health related expenditure in old age.
Therefore, in cases where both Service Pension and Family Pension are drawn by the same individual, entitlement to Additional Quantum arises from age, and not from the number or nature of pensions. Granting such benefit on more than one pension would amount to duplication of benefit for the same age-related condition, which is not in consonance with the policy intent.
Keeping in view the above facts and the underlying rationale, and to remove ambiguity and ensure uniform application of the rules relating to admissibility of Additional Quantum of Pension in cases where a pensioner is simultaneously in receipt of both Service Pension and Family Pension, it is hereby clarified.
Where in any case, a J&K Government Service Pensioner is in receipt of J&K Government Family Pension on behalf of his/her spouse, as the case may be, Additional Quantum shall be allowed either on the J&K Government Service Pension or the J&K Government Family Pension, whichever is higher.
Where a J&K Government Pensioner/Family Pensioner is also in receipt of Pension/Family Pension from any Autonomous Body/Company/PSU/Corporation/ Statutory Body owned/funded or controlled by the J&K Government, Additional Quantum shall be allowed either on the Pension or Family Pension, whichever is higher.
here a J&K Government Pensioner/Family Pensioner is also in receipt of Central Government Pension, including Defence Service Pension, or vice versa, Additional Quantum shall be allowed on the J&K Government Pension/Family Pension, in addition to Additional Quantum on Pension/Family Pension, if any, on Central Government Service Pension/Family Pension or vice versa.
The clarification shall operate prospectively and shall not impact payments made prior to its issuance. Consequently, no recovery or adjustment shall be undertaken in respect of Additional Quantum of Pension/Family Pension already paid. However, the entitlement shall be re-determined prospectively, and the Additional Quantum shall be regulated as at I, II and III above.
This is issued without prejudice to any litigation pending before a competent court of law.
