A complete reference blog for Indian Government Employees

Saturday, 8 August 2015

Full Pension to Pre 2006 Pensioners with more than 20 years of service

Full Pension to Pre 2006 Pensioners with more than 20 years of service

After implementation of 6th CPC report, Pre 2006 Pensioners who did not complete 33 years of Service are paid only pro-rata pension as against Post 2006 Pensioners who are entitled for full pension after completion of 20 years of Service
Appeal made to PM for Full Pension to Pre 2006 Pensioners with more than 20 years of service at par with Post 2006 Pensioners

Railway Senior Citizens Welfare Society has put forward an appeal before Prime Minister for implementation of judgements of various Courts for Full Pension to Pre 2006 Pensioners with more than 20 years of service at par with Post 2006 Pensioners

RAILWAYS SENIOR CITIZENS WELFARE SOCIETY
      Head Office: 32, Phase- 6, Mohali-160055 (Ph. 0172 2228306,  09316131598)
Email:rscws1991@gmail.com
No. RSCWS/ CHD/2015-5        

Dated: 7-8-2015
Shri Narinder Modi,
Hon. Prime Minister of India &
Minister of Personnel, PG and Pensions,

Subject: Appeal for implementation of judgements of various Courts for Full Pension to Pre 2006 Pensioners with more than 20 years of service – at par with Post 2006 Pensioners

Reference:- i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-2008 ii) DOP&PW O.M. – F.No. 38/37/08-P&PW (A), dated 1st September, 2008 iii) DOP&PW O.M. – F.No. 38/37/08-P&PW pt.1 dated 3.10.2008
iv) Judgements of CAT New Delhi in OA 1165/2011, Dated 21-4-2015
v) Judgement of High Court New Delhi in W.P.(C) 8012/2013 dated 09-4-15 / 07-5-2015 vi) Judgement of Supreme Court in SLP CC No. 21044/2014 dated 20-2-2015

1. We invite your kind attention  and urgent intervention  towards  the hardship  and suffering  of  Central  Government  Pensioners  for  the  last  7  years  because  of  unjust mutilation of the accepted Recommendations of the Sixth Pay Commission and non implementation of judgements of various Courts thereon. 2. All Post 2006 Pensioners with more than 20 years of service are being paid Full Pension (i.e. 50% of their last pay drawn or 50% of 10 months average pay – whichever is higher). But the Pre 2006 Pensioners with less than 33 years of service but more than 20 years of service are being paid pro rata Pension reduced as per number of years of service falling short of 33 years. This is discriminatory.

This was due to an unjust amendment vide DOP&PW’s so called clarifactory OM dated 3-10-2008 (Ref iii above) in contravention to the Resolution of GOI dated 29-8-2008. This OM has been quashed in various judicial pronouncements as mentioned below.
3. Principal Bench of Central Administrative Tribunal (CAT) in OA 1165/2011 Dated 21-4-2015 in Partap Narayan and others–vs-UOI, held as under:
13. It is made clear that this parity  of pension  between  pre and post-1.01.2006 pensioners (on the question of eligibility of minimum pensionable service of twenty years) would apply both as regards pension and family pension.   The respondents are   granted   three   months   time   from   the   date   of   receipt   of   this   order   for implementation of directions contained in this order.”

4. High Court New Delhi in W.P.(C) 8012/2013 dated 9-4-15/ 07-5-2015 S. A.Khan and Another –vs- UOI had passed the following orders:
“25.               Firstly  that  the  policy  decision  of  the  Government  in  the  Office Memorandum dated September 01, 2008 to fix pension for all category of pensioners did  not  classify  post  and  pre  January  01,  2006  retirees  and  all  were  entitled  to pension as per a common formula. Under the garb of clarification the Office Memorandum  of  October  03,  2008  followed  by  the  Office  Memorandum  dated October 14, 2008 and repeated in the Office Memorandum dated January 28, 2013 the cut-off date was inserted by an officer of the Government having no authority to cut down the beneficial policy decision notified on September 01, 2008. Secondly for the reason the cut-off date is arbitrary and fouls Article 14 of the Constitution of India.
26. The writ petitions are allowed. The Office Memorandums – introducing the cut-off date and mandating that pre January 01, 2006 pensioners would have their pension fix by pro-rata reducing the same by such numbers of years they have rendered less service than 33 years – are quashed. It is declared that the writ petitioners would be entitled to full pension post January 01, 2006 without any pro-rata cut therein. The arrears paid within six weeks from today failing which the amount payable would bear simple interest @ 9% per annum reckoned six weeks hereinafter.
 5.  Supreme Court had also dismissed the SLP in CC No. 21044/2014 dated 20-2-2015UOI-vs-M. O. Inasu – Arising out of impugned final judgement and order dated 07/01/2014 inCAT No. 8/2014 passed by the High Court of Kerala at Ernakulam – on the same issue.

6. It is deeply regretted that the periods prescribed in the said judgements had expired long back but these judgements have not been implemented forcing the poor old Pensioners to repeated litigation at the fag end of their lives

7. It is, therefore, requested that:
A) Orders of the DOP&PW dated 3-10-2008, 14-10-2008, 11-2-2009, Para 5 of OM Dated 28-1-2013 and OM dated 19.03.2010 cited above may please be quashed/withdrawn – as held in the  judgements  of CAT  New  Delhi  in OA  655/2010  and  OA  1165/2011;  and  those  of the Supreme Court & High Courts cited above;
B) All Pre 2006 Pensioners who had completed more than 20 years of qualifying service may please be granted Full Pension (instead of pro rata Pension) – as in the case of Post 2006 Pensioners.

With regards,
(Harchandan Singh)
Secretary General, RSCWS


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One Rank One Pension (OROP) rally in Delhi: Anna Hazare

One Rank One Pension (OROP) rally in Delhi: Anna Hazare

Ahmednagar (Maharashtra): Veteran social activist Anna Hazare on Saturday said preparations have begun for his rally in Delhi on October 2 over the implementation of the One Rank One Pension (OROP) for defence personnel.

“The preparations for the movement that we will start in Delhi on October 2 have started. Today I am going to Delhi, the I will go to Haryana to hold a ‘sabha’. Then there will be another ‘sabha’ in Rajasthan and Uttar Pradesh,” said Hazare.

“Besides these, I will also go to Bihar and Chattisgarh and many other states to make people aware and ask them to arrive in Delhi on October 2,” he added.

Hazare had earlier said he would do anything to ensure that the One Rank One Pension (OROP) scheme is implemented and added that mere assurance on the government’s part is not enough.
ANI
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7th CPC promised for 28.8.2015, may be delayed by one month – NC JCM Staff Side

7th CPC promised for 28.8.2015, may be delayed by one month – NC JCM Staff Side

NC JCM Staff Side Secretary said that it was assumed that the report of the VII CPC, as was promised for 28th August this year, may be delayed by one month. The letter is reproduced and given below for your information…

Brief of the meeting held today with the VII Central Pay Commission

No. NC/JCM/VII(CPC)
Dated: August 7, 2015
All Constituents Organizations,
National Councii(JCM)(Staff Side)

Dear Comrades,
Sub: Brief of the meeting held today with the VII CPC

Today morning I met the Chairman, Seventh Central Pay Commission, Shri Ashok Kumar Mathur and Secretary, Mrs. Meena Agarwal.

It was assumed that the report of the VII CPC, as was promised for 28th August this year, may be delayed by one month.

I have impressed upon him once again for improvement in the service conditions of all the Central Government Employees working in different sectors with special emphasis in the matter of fixation of Minimum Wage and other benefits.

This is for your information.
Comradely yours,
(Shiva Gopal Mishra)
Secretary Staff Side
NC/JCM

Source: 7thpaycommissionnews.in
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Absence of records of verification of service – What says CCS (Pension) Rules?

Absence of records of verification of service – What says CCS (Pension) Rules?

“Central Civil Service (Pension) Rules, 1972 on 29.8.2014 that in the absence of records of verification of service, the retiring Government servant may submit a written statement on plain paper stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement. The Head of Office shall, after taking into consideration the facts in the written statement admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant”.

Problems of Pensioners

The financial burden on account of pension has shown increasing trend because of, inter-alia, increase in the number of pensioners, periodic release of dearness relief, etc. it is because of pension liability likely to assume unsustainable proportions that the Government had taken decision in December 2003 to switch over form the “defined benefit” based pension to the “defined contribution” based pension scheme in case of Central Government civilian employees (except the Armed Forces) joining on or after 01.01.2004.

As regards lack of proper maintenance of records regarding delay in sanction of pension and other related problems after the employees retirement, a provision has recently been made by amending the Central Civil Service (Pension) Rules, 1972 on 29.8.2014 that in the absence of records of verification of service, the retiring Government servant may submit a written statement on plain paper stating that he had in fact rendered service for that period, and shall, at the foot of the statement, make and subscribe to a declaration as to the truth of that statement. The Head of Office shall, after taking into consideration the facts in the written statement admit that portion of service as having been rendered for the purpose of calculating the pension of that Government servant.

This was stated by Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Rajya Sabha today.
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Grant of Transport Allowance to Central Government employees: Finmin orders

Grant of Transport Allowance to Central Government Employees: Finmin orders

Finance Ministry issued orders regarding the revised rates of Transport Allowance to Central Government employees as per Census 2011 with effect from 1.4.2015. The re-classification of cities/towns are specified in the list attached as Annexure.

G.I., Min. of Finance, Dep. of Exp. O.M.No.21(2)/2015-E.II(B), dated 6.8.2015

Subject:- Grant of Transport Allowance to Central Government employees

Reference is invited to Ministry of Finance, Department of Expenditure O.M. No.21(2)/2008-E.II(B) dated 29th August 2008 regarding grant of Transport Allowance to Central Government employees, consequent upon implementation of the recommendations of the Sixth Central Pay Commission (6th CPC).

2. The Government has since considered the re-classification of cities/towns/localities as per Census-2011 (population criteria) for the purpose of Transport Allowance. Accordingly, the President is pleased to decide the revised classification of cities, towns and localities, for the purpose of grant of Transport Allowance at higher rates to Central Government employees, as per Annexure-1.

Therefore, the table below Para ‘1’ of O.M. dated 29.08.2008 stands partially modified as under :-

Finmin order on TA

The revised classification of cities/towns/localities for the purpose of grant of Transport Allowance shall take effect from 1st April, 2015.

4. The orders will apply to all civilian employees of the Central Government. The orders will also be applicable to the civilian employees paid from the Defence Services Estimates. In respect of Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and the Ministry of Railways, respectively.

5. All other conditions mentioned in Department of Expenditure O.M. No.21(2)/2008-E.II(B) dated 29.08.2008 shall remained unchanged.

6. In so far as the persons working in the Indian Audit and Accounts Department are concerned, this Order issues in consultation with the Comptroller and Auditor General of India.
Authority: www.finmin.nic.in

Click the order
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Debroy Committee, PLB and Strike on 23.11.2015 issues discussed with Railway Ministry – NFIR

Debroy Committee, PLB and Strike on 23.11.2015 issues discussed with Railway Ministry – NFIR

MEETING WITH MINISTER OF RAILWAYS AND THE FEDERATIONS ON 06th AUGUST 2015 REGARDING BIBEK DEBROY COMMITTEE, PLB ETC.,
NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055

No.IV/NFIR/SR/2014/Pt.III (HLRRC)
Dated: 06/08/2015
Sub:
Meeting between the Federations (NFIR & AIRF) and Hon’ble Railway Minister Shri Suresh Prabhu – Rail Bhawan, New Delhi – 60th August, 2015.

A special meeting was held in the Chamber of Railway Minister, Shri Suresh Prahhu wherein the Presidents and General Secretaries of NFIR/AIRF have participated in the discussion. CRB, MS and ED (IR) were present during discussions.

Important issues discussed in the meeting

1. Bibek Debroy Committee Report

The Federations expressed their strong reservations on certain recommendations or High Level Railway Restructuring Committee (HLRRC) headed by Bibek Debroy, more particularly Railway Regulatory Authority (RRA), Private Players entry into the Railway services, Railway Medical services. RPF etc..
The Minister while appreciating the points raised bv the NFIR has directed the Railway Board (CRB/MS) to organise a separate meeting between Mr Debroy and the Federations for discussing the recommendations freely and frankly for the purpose of understanding each others perception, facilitating the Railway Ministry to appropriately consider further.

2. Productivity Linked Bonus to Railway employees

P.L. Bonus and the new formula floated by the Railway Board was discussed. Federations insisted thal the agreement reached on 22nd November, 1979 should be respected and no capital should be taken into consideration as the utilization or capital is not in the hands of workers.

After discussion, it was agreed to consider all points for sorting out the issues satisfactorily.

3. Charter of Demands and the decision of the JCM constituent organisations to go on Indefinite Strike from 23rd November, 2015.



The compelling circumstances under which the JCM constituent organizations have taken a decision to go on indefinite strike and Railway Federations are party to the decision was explained to the Railway Minister. The Federations urged upon the Railway Minister to see that the Railway Ministry takes initiative towards reaching a negotiated settlement on pending issues and Charter of Demands. Issues, particularly upgradation of Apex Level Group ‘C’ posts to Group Gazetted. Act Apprentices. Non-implementation of agreement reached between the Federations and full Board on February, 2014. were brought to the notice of the Railway Minister.

After discussion, the MR has instructed the Board to deal with these issues for ensuring that healthy industrial relations are maintained with the Federations.

The Minister has been categorical in assuring the Federations that there is no question of privatization of Railways. The Minister also said that improved technology and improvement of efficiency levels will be given priority for making Indian Railways a dynamic infrastructure. He also complimented the rail work force for their devotion which has resulted in improvement of Operating Ratio.
Yours fraternally,
(Dr M. Raghavaiah)
General Secrctary
Source: NFIR
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