Enhanced DA after Retirement on 30th June and 31st December to be considered for Retirement Benefits

Enhanced DA after Retirement on 30th June and 31st December to be considered for Retirement Benefits

Shri. JVSR.Krishna raised an important issue in our comments forum. Considering the merits of this issue, we posted here to draw the attention of authorities concerned to take necessary action to address the grievances of similarly placed retiring government servants.

Dearness Allowance & Dearness Relief:
As per the prevailing conditions, Govt of India sanctioning DA once in 6 months i.e. 1st Jan. & 1st July. Based on consumer price index, due to raise in the inflation for the period of once in 6 months i.e. 1st Jan. to 30th June & 1st July to 31st December respectively DA being sanctioned to those Central Govt. employees and as DR to the Central Govt. Pensioners. This DA/DR is cumulatively added every month, for administrative convenience, it was being sanctioned once in 6 months. For those Central Govt. employees who were having DOB 1st of any month are being forcibly superannuated on the last working day of the preceding month. Particularly, those who were having DOB 1st Jan. & 1st July, though they have completed 6 months, sanctioned DA was not considered for calculating Retirement benefits viz. Gratuity & Leave encashment purpose.

Retired Government servants is entitled for revised rate of D.A
whether a retired Government servant is entitled for revised rate of D.A., which comes into force after such Government servant retires from service on attaining the age of superannuation.

As per the Honble. CAT judgement, DA was allowed for calculation of retirement benefits; to those retired on 30th June (DA was sanctioned next to their retirement date. The said case was appealed in Honble. High Court of A.P. the WP was dismissed, further, Govt. of India appealed as SLP in Honble. Supreme Court of India, there also it was dismissed.

Orders were issued for implementation of DA to the Central Govt. Servants, who were working in Accountant General Office, Hyderabad. The same was implemented.

Since, it is a common issue, individuals who were worked in various Departments of Central Govt. should not insisted that who ever will proceed litigation, it will be implemented. It shall be implemented across the board to all the employees to save the money & man power of Govt. of India to avoid litigations.

References: a) CAT Hyderabad Bench OA No.552 of 2003;
b) High Court , Andhra Pradesh WRIT PETITION NO.26506 OF 2012 dt.11/9/2012
c) Supreme Court SLP No.16237/2013 dt.27.10.2014
d) Through Lr No.PAG(G&SSA)/Legal Cell/RTI/F.No.118/2016-17/D.No.45 dt.02/11/2016 intimated that
Supreme Court order was implemented for payment of Retirement Gratuity & cash equivalent to leave salary.

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Schemes for Retired Employees

Schemes for Retired Employees

The pension of Central Civil Government servants appointed on or before 31.12.2003 is governed by the Central Civil Services (Pension) Rules 1972 or the corresponding Pension Rules of other Services/Departments such as All India Services and Railways.

The Central Civil Government Servants appointed on or after 01.01.2004 are governed by the Defined Contribution-based Pension Scheme under the National Pension System.

The personnel belonging to the Defence Services continue to be eligible for pension under Defined Benefit Pension Rules applicable to defence personnel.

There is no proposal to introduce any new pension scheme for retired Central Government employees.

This was stated by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Smt. Rekha Verma in the Lok Sabha today.

PIB

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Dr Jitendra Singh to inaugurate workshop on Anubhav and Sankalp tomorrow

Dr Jitendra Singh to inaugurate workshop on Anubhav and Sankalp tomorrow

‘Anubhav awards’ to retired Government servants for Best write-ups

The Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh will inaugurate the workshop on ‘Anubhav’ and ‘Sankalp’ here tomorrow. The purpose of the workshop is to reach out to large number of retiring employees and to encourage participation in ‘Anubhav’ and ‘Sankalp”. Dr Jitendra Singh will also give awards for best write-ups received under ‘Anubhav’.

The Department of Pensions & Pensioners’ Welfare launched an online software ‘Anubhav’ on the directions of the Prime Minister Shri Narendra Modi. It was launched for showcasing outstanding work by retiring employees and sharing their experience with the Government. Another initiative called ‘Sankalp’ has also been launched by this Department to channelize the experience and skill of retired Government servants towards meaningful interventions in society.

The Department has provided a platform ‘ANUBHAV’ for the retiring Central Government Employees to showcase commendable work done during service. It is envisaged that this would provide satisfaction to the retiring employees and also act as a motivator for serving employees. This would also be a wonderful opportunity to garner the resource of retiring employees for voluntary contribution to nation building post retirement. For this purpose an online system viz “Anubhav” has been developed and necessary instruction for use of this application by the retiring employees/Head of Offices/Head of Departments in the Ministries / Departments were issued by this Department in February and March, 2015. The Department has already received more than one thousand write-ups under this initiative.

With a view to give greater impetus to this activity, this Department has also launched an Award Scheme for best write-ups which may have potential of contributing to the efficiency / economy /effectiveness or mentioning any innovation leading to improved work culture including any contribution considered significant by the retiring employee. The authors of best write-ups will also be given awards during the above event by the Minister.

The SANKALP is a project to channelize the skill, experience and time available with Central Government Pensioners into meaningful social intervention. The project has started on pilot basis for 2,000 pensioners. The Department has so far registered more than 1500 pensioners and 19 Pensioners’ Associations under this project. The Department has also registered 16 NGOs to involve Central Government Pensioners in social activities. With a view to create awareness amongst retiring employees about this project and a smooth transition from active life to lead a healthy and purposeful retired life, this Department has been organizing Pre-Retirement Counselling (PRC) Workshops. The Department has, so far conducted 28 such PRCs involving about 1700 participants. The Department has also been conducting workshops to create a pool of trainers, for which Training of Trainers (TOT) are being conducted for personnel of Central Armed Police Forces. So far 7 workshops on TOT involving 502 personnel have been conducted.

PIB News

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Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.

Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.

 No.22011/3/2013-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated- 25.01.2016

OFFICE MEMORANDUM

Subject:- Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.

The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 22011/4/91-Estt(A) dated 14 th September, 1992 regarding procedure and guidelines to be followed by DPC in respect of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation. In case the Government servant is covered under any of the three conditions as mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the DPC are to be kept in ‘sealed cover’ and subsequent action regarding opening of sealed cover will depend on the outcome of the disciplinary/criminal proceedings.

2. If on conclusion of the disciplinary/ criminal proceedings, the Government servant is exonerated, the procedure prescribed in para 3 of the OM dated 14-9-1992 is to be followed. This provides as under:-
“On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Govt. servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior most officiating person. He may be promoted notionally with reference to the date of promotion of his junior.

However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceedings/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.”

3. The applicability of above provisions in so far as it relates to cases where the Government Servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:

i. Where the promotion order pertaining to the relevant DPC has been issued  and the officers empanelled have assumed charge prior to the date of  superannuation of the retired Government Servant; and

ii. The retired Government Servant would have been in service and assumed  charge of the post had the disciplinary proceeding not been initiated against him/her.

4. It has been decided in consultation with the Department of Expenditure, Department of Pensions & Pensioners’ Welfare and the Department of Legal Affairs that notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement to such a retired Government servant if found fit on opening of the sealed cover is to be decided by the appointing authority in terms of Para 3 of OM No.22011/4/91 -Estt. (A) dated 14/9/1992.

5. A retired Government employee who is considered for notional promotion from the  date of promotion of his next junior after opening of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.

6. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provisions shall not be reopened.

(Gayatri Mishra)
Director (E-I)
Phone No. 23092479

Original Order

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Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion

Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion

DPCs often do not consider such eligible officers who are retiring before the occurrence of the vacancy in the panel year. These undesirable trends negate the very purpose of the above said Office Memorandum No. 22011/4/98-Estt(D) dated October 12, 1998 and it is also against the principle of natural justice.

No. 22011/1/2014-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi – 110001
Dated- 14th November, 2014

OFFICE MEMORANDUM

Subject: – Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion-Regarding

The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 22011/4/98-Estt(D) dated October 12, 1998 regarding consideration of retired employees who were within the zone of consideration in the relevant year(s) but are not actually in service when the DPC is being held. The said OM provides as follows:-

“…….There is no specific bar in the aforesaid Office Memorandum dated April 10, 1989 or any other related instructions of the Department of Personnel and Training for consideration of retired employees, while preparing year-wise panel(s), who were within the zone of consideration in the relevant year(s). According to legal opinion also it would not be in order if eligible employees, who were within the zone of consideration for the relevant year(s) but are not actually in service when the DPC is being held, are not considered while preparing year-wise zone of consideration/panel and, consequently, their juniors are considered (in their places), who would not have been in the zone of consideration if the DPC(s) had been held in time. This is considered imperative to identify the correct zone of consideration for relevant Year(s). Names of the retired officials may also be included in the panel(s). Such retired officials would, however, have no justify for actual promotion. The DPC(s) may, if need be, prepare extended panel(s) following the principles prescribed in the Department of Personnel and  Training Office Memorandum No.22011/8/87-Estt.(D) dated April 9, 1996.”

Appointment Committee of Cabinet has observed that DPCs often do not consider such eligible officers who are retiring before the occurrence of the vacancy in the panel year. These undesirable trends negate the very purpose of the above said Office Memorandum No. 22011/4/98-Estt(D) dated October 12, 1998 and it is also against the principle of natural justice.

3. All the Ministries/Departments are therefore advised to ensure strict compliance of the instructions of the Department of Personnel & Training issued vide this Department’s OM No. 22011/4/98-Estt(D) dated October 12, 1998.

4. These instructions may please be brought out to the notice of all concerned including attached and subordinate offices.

sd/-
(S.K.Prasad)
Under Secretary to the Govt of India

Source; www,persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_1_2014-Estt.D-14112014.pdf]

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Engagement of Consultant under the Plan Scheme ‘Pensioners Portal’

Engagement of Consultant under the Plan Scheme ‘Pensioners Portal’.

No. 44011/2/2013-Admn.I
Government of India
Ministry of Personnel PG & Pension
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated: 17th June, 2014

ADVERTISEMENT FOR ENGAGEMENT AS CONSULTANT

Subject: Engagement of Consultant under the Plan Scheme ‘Pensioners Portal’.

This Department has been implementing a Plan Scheme namely ‘Pensioners’ Portal’ – A Mission Mode Project under NeGP, Government of India.

It is proposed to engage one Consultant at Under Secretary level to assist the Department in undertaking various activities under the Pensioners Portal. The consultancy fee payable to the Consultant so selected is likely to be lump-sum monthly remuneration to be fixed based on pay last drawn under the Government minus pension plus DA (fixed). The present approved tenure of the Consultant may be up to 25th February, 2015. The Consultant so appointed may also be required to undertake tours for outstation activities for which he/she will be paid TA/DA as per Rules.

Retired Under Secretaries/equivalent having worked in social welfare schemes of Ministries/ Departments would be desirable. The retired Govt. servants having recently retired from the post equivalent to that of Under Secretary and desirous of being considered may send their bio-data in the enclosed application form so as to reach the undersigned latest by 24th June, 2014 at the email address tripti.ghosh@nic.in. They may also report for interview in room No.320, 3rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi on 26th June, 2014 at 3.00 P.M. The person selected for the above position will be required to join immediately.

Sd/-
(Tripti. P. Ghosh)
Director (PP)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/Admin1_180614.pdf

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