SRINAGAR: The Jammu and Kashmir Finance Department has issued a detailed clarification on the admissibility of Additional Quantum of Pension/Family Pension in cases where a pensioner is in receipt of more than one pension, stating that the benefit will generally be restricted to only one pension, whichever is higher, in order to prevent duplication of benefit.
The clarification has been issued by the Finance Department (Codes Division), Civil Secretariat, after examining representations seeking interpretation of provisions under Article 240-A (VIII) of the J&K Civil Service Regulations, 1956, inserted vide SRO-138 dated April 25, 2016, which provides for grant of additional quantum of pension or family pension upon attaining prescribed age thresholds.
The department stated that while the existing rules did not explicitly address cases where a pensioner draws both service pension and family pension, the additional quantum is linked to the age of the pensioner and is personal in nature, and is not dependent on the number of pensions being drawn. It further observed that allowing the benefit on more than one pension in such cases would amount to duplication of the same age-related benefit and would not be in conformity with policy intent.
The government clarified that where a JK Government service pensioner is also in receipt of JK Government family pension, the additional quantum shall be admissible either on the service pension or family pension, whichever is higher. Similarly, where a pensioner or family pensioner is also drawing pension or family pension from any Autonomous Body, Company, PSU, Corporation or Statutory Body owned, funded or controlled by the Government of Jammu and Kashmir, the additional quantum shall be allowed only on one pension, whichever is higher.
However, in cases where a JK pensioner or family pensioner is also receiving Central Government pension, including Defence Service Pension, or vice versa, the clarification states that additional quantum shall be admissible on the JK pension or family pension in addition to any additional quantum admissible on the Central Government pension or family pension, or vice versa.
The Finance Department further stated that the clarification shall operate prospectively and shall not affect payments already made prior to its issuance. It has also been made clear that no recovery or adjustment shall be undertaken in respect of additional quantum of pension or family pension already paid under earlier interpretations, while entitlement shall be re-determined prospectively in accordance with the clarified provisions.
