Feasibility of implementation of recommendations accepted by GOI contained in paras 10.1.67 & 10.1.68 of 7CPC report
7th CPC recommendations-Open to
amendments & corrections : Proposed draft representation regarding
implementation of option 1 para 10.1.67
Representation on implementation of option -1 of 7th CPC relating to pre 2016 pensioners.
No. SG/BPS/PC7/016/08.
Dt.19 August, 2016
The Secretary
Deptt of Administrative Reforms & Pensioner’ Grievances,
Ministry of Personnel, Public Grievances & Pensions,
Patel Bhawan, New Delhi – 110001.
( Kind Attention: Shri Chirravuri Vishwanath IAS ).
Subject: Feasibility of implementation of recommendations accepted by GOI contained in paras 10.1.67 & 10.1.68 of 7CPC report.
Sir,
In connection with feasibility of implementation of recommendation
contained in para 10.1.67 of 7CPC report relating to pre-2016
pensioners, the undersigned, on behalf of Bharat Pensioners Samaj
(Federation) a conglomerate of over 628 pensioners Associations, submits
as follows:
i). Your kind attention is invited to
5th CPC recommendation contained in Para 137.14 of the report together
with GOI’s decision there on which reads as under:
The pension of all pre-1986 retirees may
be updated by notional fixation of their pay as on 1.1.1986 by adopting
the same formula as for the serving employees. Thereafter, all the past
pensioners who have been brought on the Fourth CPC pay scales by
notional fixation of their pay and those who have retired on or after
1.1.1986 can be treated alike regarding consolidation of their pension
as on 1.1.1996 by allowing the same fitment weightage as may be allowed
to the serving employees. However, the consolidated revised pay of the
post held by the pensioner at the time of retirement. (137.14)
Govt Decision:
Accepted to the extent that pension of
pre 1.1.96 retirees including pre-86 retirees shall be consolidated as
on 1.1.1996 as recommended but the consolidated pension shall be brought
on to the level of 50% of the minimum of the revised pay of the post
held by the pensioner at the time of retirement. Nos.
45/86/97-P&PW(A) Part-II dt. 27.1099 & 45/1098-P&PW(A) dt
17.12.98 refer.
ii). Similarly 6th CPC recommendation on
the subject of revision of pre-2006 pensioners were possible as per GOI
orders contained in F No.38/37/08-P&PW(A) dated 01.09.2008 and
amendments issued by DOP& PW thru F No.38/37/08-P&PW(A) dated
28-01-2013 wherein para 4.2 reads ” That is, the fixation of pension
will be subject to the provision that the revised pension , in no case
shall be lower than 50% of the minimum of the pay in the pay band plus
grade pay corresponding to the pre revised pay scale from which the
pensioner had retired. In case of HAG+ and above scales, this will be
50% of the minimum of the revised pay scale.”
iii). Pension record is of permanent
nature and if it is to be destroyed, proper permission from the
competent authority is to be obtained. In any case, these record can
always be reconstructed taking the details from various sources
available in the department and the material collected from the
Pensioner. In this regard attention is also drawn to recent CAT Bombay
Nagpur Bench judgement dated 09.03.2015 in case of Smt. Saija vs.
General Manager, Central Railway O.A.No. 2131 of 2011(CAT Bombay Bench
at Nagpur) It is also pointed out that never ever any department in any
of the Court cases brought out the issue of non-availability of records.
2. It was possible to implement the
above recommendations of pay panels and issue revise PPOs as records
were traced out, probably due to some incentive given to the staff
concerned for revising the PPOs of pre-1986 retirees involving notional
fixation. Railway administration for certain gave incentive to the staff
concerned for implementing 5th CPC recommendations. It is reliably
learnt that as no incentive for additional work involved in revision of
PPOs after 6thCPC was offered. Rly Admn did face some difficulties in
implementing recommendations of 6th CPC and consequential issue of
revised PPOs to pre-2006 retirees, still as per Rly Board 100% PPOs
could be revised. Govt. records can speak of the position of incentive
offered by various departments concerned. It is one of the suggestions
to consider incentive to staff to ease the problem of locating old
records/information required, since in 90% cases records are available
and remaining can be recasted.
3. 7th CPC considered the long standing
demand of pensioners retired in earlier CPCs regimes to grant them
parity in fixation of pension with those retiring subsequently after
implementation of its report. Accordingly, 7th CPC has recommended
granting benefit of increments earned by the pensioner in the Pay Band
and Grade Pay/Scale of Pay for 01.01.2006 Pensioners, while determining
their notional pay as on 01-01-2016 at a level in the pay matrix given
by the 7th CPC. Pension would be fixed at 50% of the notional pay so
arrived.
4. Apprehension of non-feasibility of
recommendation, discussed in para 3 , due to non-availability of records
is further narrowed & not zeroed. PPOs issued at the time of
retirement and revised afterwards do reflect changes prescribed by the
Govt. in the pay scales on the recommendations of different Pay
Commissions, record the stage of pay in the Pay Scale/Pay Band of a
person retired. But it is silent on the number of increments earned
after promotion to the grade in which a particular pensioner had
retired. May please recall that pay fixation on promotion, as per FR 22,
is arrived at after granting one increment in the pre-promotion scale
followed by stepping up the same to the immediate next stage of pay in
the higher grade if there is no stage after grant of increment in the
lower grade. Some of the promotees may get fixed at the minimum (First
stage) of the higher grade whereas others may get fixed at the second or
third next stage depending upon the pay in the lower grade.
5. The recommendation of 7thCPC vide
their para10.1.67(option1) for Parity of Pension is based on legal &
Constitutional grounds and as such to maintain sanctity it needs to be
implemented in toto.
6. It is a history that pensioners
retired earlier were always at a discount in the matter of revised
pensions.7th CPC has tried to give some relief to pre-2016 retirees. For
the purpose of determining pension under para 10.1.67 of 7th CPC in
cases where all attempts to trace records or to recast missing ones
fail, it is suggested that such of the pensioners may be given option to
get their notional pay determined on the basis of stage of pay in the
grade indicated in the PPO this information is invariablaly available in
all PPOs. If in some PPOs if LPD is not indicated it can be determined
from family pension which is 30% of LPD
7. Fixation of notional pay of pre 2016
pensioners on the basis of the stage corresponding to the grade of pay
in which a pensioner had retired would offer a fair & equitable
option in all cases where records cannot be traced inspite of best
efforts.
8 To meet the ends of justice, Bharat
pensioners Samaj request that a personal hearing be granted to its
delegation before any adverse decision is arrived at by the Committee.
Thanking you in anticipation.
With regards
Yours sincerely
sd/-
(S. C. Maheshwari)
Secretary General, Bharat Pensioners Samaj.
Source : http://scm-bps.blogspot.in/
