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Wednesday 8 May 2019

OROP - One Rank One Pension - Supreme Court of India petition dated 01-05-2019


OROP - One Rank One Pension - Supreme Court of India petition dated 01-05-2019

ITEM NO.1
COURT NO.9
SECTION X
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 419/2016
INDIAN EX SERVICEMEN MOVEMENT & ORS.
Petitioner(s)

VERSUS

UNION OF INDIA & ORS.
Respondent(s)

(WITH IA 33253/2017 FOR AMENDMENT OF WRIT PETITION)

Date : 01-05-2019 This petition was called on for hearing today.

CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA

For Petitioner(s)
Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Balaji Srinivasan, AOR
Mr. Arunava Mukherjee, Adv.
Mr. Rohan Sharma, Adv.
Mr. Siddhant Kohli, Adv.
Ms. Pallavi Sengupta, Adv.
Ms. Garima Jain, Adv.
Mr. Abhishek Bharti, Adv.
Ms. Pratiksha Mishra, Adv.
Ms. Srishti Govil, Adv.
Ms. Vaishnavi Subranmanyam, Adv.
Mr. Rohitash Kr. Sharma, Adv.

For Respondent(s)
Mr. Rana Mukherjee, Sr. Adv.
Ms. Priyanka Das, Adv.
Mr. Charanya L. Kumaran, Adv.
Mr. A.K. Sharma, Adv.
Ms. Sheena Taqui, Adv.
Ms. Kanika Sharma, Adv.
Mr. Mukesh Kumar Maroria, AOR
UPON hearing the counsel the Court made the following

ORDER
During the course of the hearing, the principal submission of the petitioners is that the recommendation of the Koshyari Committee for thegrant of One Rank One Pension (OROP) was endorsed by the Budgetary Speech of the Finance Minister on 17 February 2014 and by the Minister of Defence on 26 February 2014, following which the Controller General of Defence Accounts was directed to work out modalities. This was further re-affirmed on 10 July 2014 by the Finance Minister and on 2 December 2014 by the Minister of State for Defence. However, the Union government, on 7 November 2015, while implementing OROP adopted a modified definition of the expression under which the gap between the rates of pension of current and past pensioners would be bridged at“periodic intervals”.

The petitioners have highlighted specifically three aspects of the anomalies which have arisen. They are summarised in a written note of submissions tendered before the Court, which is extracted below:
“(i) Fixation of Pension on calendar year of 2013 instead of FY of 2014: Fixation of pension as per calendar year 2013 would result in past retirees (pre 2014) getting less pension of one increment than the soldier retiring after 2014.

(ii) Fixation of pension as mean of Min and Max pension: Fixing pension as mean of Min and Max pension of 2013 would result different pensions for the same ranks and same length of service and the past retiree would get 1.5 increment lesser on account of such fixation.

For example, if 8(i) and (ii) are implemented, two soldiers who have served for same length of years, holding the same rank will draw different pension. A Sepoy (Group Y) who retired prior to 31 Dec 2013 will get Rs.6665 p.m. and another Sepoy (Group Y) who retired on and after 1 Jan 2014 would get Rs 7605 p.m. Further, on account of such implementation, a higher rank Naik soldier who retired before 31 Dec 2013 would draw a lesser pension of Rs.7170p.m., than a junior rank Sepoy who retired after 1 Jan 2014 as his pension would be Rs.7605. This fact is illustrated by a tabular chart which is enclosed. (See Pg.1, CC).

Therefore, implementation of this new definition of OROP defeats the very principle of OROP by creating a class within a class of the same officers, which in practice tantamounts to one rank different pensions. This is also contrary to the judgment by this Hon’ble Court in Union of India v SPS Vains, (2008) 9 SCC 125.

Another fallacy in the new definition of OROP which detracts from the principle of OROP is:

(iii) Pension Equalization every five years:

It is submitted that Pension equalization every five years would result in the grave disadvantage to the past retirees.”

Certain concrete examples have been indicated in charts which are annexed to the note submitted before this Court by Mr Huzefa Ahmadi, learned senior counsel appearing on behalf of the petitioners.

At this stage, we are of the considered view that it would be appropriate if the Union government scrutinizes the grievances which are placed before the Court in the above note. It would be appropriate and in the interest of justice if these concerns, which have been expressed on behalf of personnel, who have served the nation as members of the Armed Forces of the Union before retirement, are duly considered by the Union government at an appropriate level.

We would expect the government to seriously consider the grievances and to determine whether and, if so, to what extent, justice canbe provided for the satisfaction of all concerned.

List the Writ Petition on 6 August 2019.

(SANJAY KUMAR-I)
AR-CUM-PS
(SAROJ KUMARI GAUR)
COURT MASTER
Source: SCI
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Railways - Posting of husband and wife at the same station

Railways - Posting of husband and wife at the same station
Posting of husband and wife at the same station - Railway Board Issued Orders on 26th April 2019
RBE NO. 68/2019
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(NG)I-2019/TR/6
New Delhi, dated 26.04.2019
The General Managers (P),
All Zonal Railways & Production Units.
(As per standard list).

Sub: Posting of husband and wife at the same station.

Attention is invited to Board’s letter No. E(NG)I-2009!TR/29 dated 02.02.2010 which contains detailed guidelines governing the posting of spouses at the same station . Earlier, some Zonal Railways had raised doubts about the ambiguity caused by the term “all India service” appearing in parenthesis in the Sub-heading/title of Para 3(e) of Board’s letter ibid. AIRF has also recently drawn Board’s attention to this and pointed out that this is causing confusion as regards applicability of the guidelines to Railway Servants.

The matter has accordingly been carefully considered by Board. The guidelines dated 02.02.2010 were issued in the context of at least one of the spouses being a Railway Servant. To remove any ambiguity/confusion regarding its applicability, it has been decided that the phrase “all India service” appearing in parenthesis in the title of para 3(e) of Board’s letter ibid should be treated as deleted. All other content of the said letter ‘remains unchanged.

Hindi version will follow.

Please acknowledge receipt.
sd/-
(MJ Meena)
Deputy Director Estt (N)
Railway Board

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Grant of Special Compensatory Allowance subsumed under TLA


Implementation of the recommendations of 7th CPC - Grant of Special Compensatory Allowance subsumed under TLA

File No.No.6-23(02)/2019-PAT
F No.6-23(02)/2019-PAT
Government of India
Ministry of Communications
Department of Telecommunications
Sanchar Bhawan, 20, Ashoka Road,
New Delhi -110001
Dated: 07/02/2019
CIRCULAR No. 103 

Subject: Implementation of the recommendations of 7th Central Pay Commission - Grant of Special Compensatory Allowances subsumed under Tough Location Allowance - reg.

The undersigned is directed to forward herewith a copy of Ministry of Finance, Department of Expenditure OM No.3/1/2017-E. II (B) dated 17th January, 2019 on the subject cited above for information/ necessary action and O.M. of even number dated 19th July, 2017 has already been circulated vide this office No.31 bearing No.6-23(11)/2017-PAT dated 01/08/2017 ( copy enclosed)
Encl: As above.
(Patanjali Prakash)
Assistant Director General (PAT)
Phone:23036245
No.3/1/2017-E,II(B)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 19th July, 2017.
OFFICE MEMORANDUM

Subject: Implementation of the recommendations of 7th Central Pay Commission - Grant of Special Compensatory Allowances subsumed under Tough Location Allowance.

Consequent upon the acceptance of the recommendations of Seventh Central Pay Com
mission, in supersession of the existing orders for grant of Special Compensatory Allowances viz. Special Compensatory (Remote Locality) Allowance, Bad Climate Allowance, Special Compensatory Scheduled /Tribal Area Allowance and Sunderban Allowance which have been subsumed In Tough Location Allowance, the President is pleased to decide the rates of these Special Compensatory Allowances (subsumed in Tough Location Allowance) to Central Government employees as under :
7th-CPC-Special-Compensator


  1. These rates shall increase by 25 per cent whenever the Dearness Allowance payable on the revised pay structure goes up by 50 per cent.
  2. The term 'Pay Level' in the revised pay structure mean the 'Level in the Pay Matrix.
  3. In respect of those employees who opt to continue in their pre-revised pay structure/Pay scales, the corresponding Level in the Pay Matrix of the post occupied on 01.01.2016 as indicated in CCS (Revised Pay) Rules, 2016 would determine the allowance under these orders.
  4. Sunderban Allowance categorised 'as Tough Location Allowance-III shall be admissible to the Central Government civilian employees working in Sunderban areas South of Dampier Hodge's llne, namely, Bhagatush Khali (Rampura), Kumlrmari (Bagna), Jhlnga Khali, Sajnakhali, Gosaba, Amlamathi (Bidya), Canning, Kultall, Plyali, Nalgaraha, Raidighi, Bhanchi, Pathar Paratlma, Bhagabatpur, Saptamukhl, Namkhane, Sikarpur, Kakdwlp, Sagar 1 Mouslni, Kalinagar, Haroa, Hlngalganj, Basanti, Kuemari, Kultola, Ghuslghata (Kulti) area. The allowance shall be admissible only upto the period for which the Government of West Bengal continues to pay this allowance to its employees.
  5. Scheduled tribal Area Allowance and Bad Climate Allowance categorise Tough Location Allowance III shall be admissible only in those States where Scheduled/ Tribal Area Allowance and Bad Climate Allowance are admissible and shall be discontinued in those States where it has been discontinued for the State Government employees with effect from the date(s) of such discontinuance.
  6. In the event of a place falling In more than one category, the higher rate of Tough Location Allowance will be applicable.
  7. Tough Location Allowances shall not be admissible along with Special Duty Allowance. However, employees have the option for continuing Special Compensatory (Remote Locality) allowance at old. rates of 6th CPC. where it was admissible, along with Special Duty Allowance at revised rate of 10% ·of Basic Pay. ·
  8. Employees may exercise their option to choose either Hard Area Allowance which Is admissible alongwith Island Special Duty Allowance or one of the Special Compensatory Allowance, subsumed under Tough Location Allowance as mentioned in Para 1 above ..
  9. These orders take effect from 1st July, 2017.
  10. These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and Ministry of Railways, respectively.
  11. In so far as the employees working in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.
Hindi version is attached.
DoT
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NPS Fund Value 2019 - Central & State Pension Fund NAV


NPS Fund Value 2019 - Central & State Pension Fund NAV as on 6.5.2019

NPS Fund Value 2019

Central & State Pension Fund NAV as on 6.5.2019

Central Government : The Central Government had introduced the National Pension System (NPS) with effect from January 1, 2004 (except for armed forces). Pension Fund Regulatory and Development Authority (PFRDA), the regulatory body for NPS, has appointed NSDL as Central Recordkeeping Agency (CRA) for National Pension System. CRA is the first of its kind venture in India which is carrying out the functions of Record Keeping, Administration and Customer Service for all subscribers under NPS. CRA shall issue a Permanent Retirement Account Number (PRAN) to each subscriber and maintain database of each Permanent Retirement Account along with recording transactions relating to each PRAN.

In NPS, a government employee contributes towards pension from monthly salary along with matching contribution from the employer. The funds are then invested in earmarked investment schemes through Pension Fund Managers.

State Government: The Central Government had introduced the National Pension System (NPS) with effect from January 01, 2004 (except for armed forces). Pension Fund Regulatory and Development Authority (PFRDA), the regulatory body for NPS, finalised the architecture and appointed NSDL as Central Record keeping Agency (CRA) and other entities for National Pension System. Subsequently, various State Governments adopted this architecture and implemented NPS with effect from different dates.

In NPS, a government employee contributes towards pension from monthly salary along with matching contribution from the employer. The funds are then invested in earmarked investment schemes through Pension Fund Managers.”
SBI PENSION FUND SCHEME
CENTRAL GOVT – 28.3906 as on 06-05-2019


SBI PENSION FUND SCHEME
STATE GOVT – 24.3798 as on 06-05-2019

UTI RETIREMENT SOLUTIONS PENSION FUND SCHEME
CENTRAL GOVT – 27.4766 as on 06-05- 2019

UTI RETIREMENT SOLUTIONS PENSION FUND SCHEME
STATE GOVT – 24.4492 as on 06-05- 2019


LIC PENSION FUND SCHEME
CENTRAL GOVT – 27.5709 as on 06-05-2019


LIC PENSION FUND SCHEME
STATE GOVT – 24.6003 as on 06-05-2019
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Grant of Air Travel permission to RPF / RPSF personnel on Jammu - Srinagar sector


Railway Board Order - Grant of Air Travel permission to RPF / RPSF personnel on Jammu - Srinagar sector

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. F(E)I/2019/AL-28/21
New Delhi, dated:29.03.2019
The General Manager,
All Indian Railways / PUs,
(As per standard mailing list).

Sub: Grant of Air Travel permission to RPF / RPSF personnel on Jammu - Srinagar sector.

The proposal regarding grant of Air Travel permission to RPF / RPSF personnel on Jammu - Srinagar sector has been considered by Board (FC & CRB) and it has been decided that the non-entitled personnel of Railway Protection Force (RPF) and Railway Protection Special Force (RPSF) are allowed to travel by air from Jammu to Srinagar and back on official duty (on termination commencement at Jammu) for the period of one year i.e. up to 31.03.2020.

Extension of this period is subject to review from time to time.

This will also be subject to the other Terms & Conditions / instructions issued from time to time by Ministry of Finance / Board’s office on ‘Air travel’.
Sd/-
(Jitendra Kumar)
Dy.Director Finance Estt-I
Railway Board
Source: Indian Railways
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