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BHARAT PENSIONER
April 2017
1
OFFICIAL MONTHLY ORGAN OF THE BHARAT PENSIONERS SAMAJ, NEW DELHI - 110 014
(Federation of All India Pensioners’ Associations)
(MEMBER, INTERNATIONAL FEDERATION ON AGEING, TORONTO, CANADA)
DIRECT SUCCESSOR TO “PENSIONER” ESTABLISHED IN 1955
INCORPORATING ‘PENSIONERS’ COUNSELLOR’
Single Copy : Rs. 50APRIL 2017 VOI. XII NO. 04
RNI REGD. NO. DELBIL/2006/17678web site : www.bharatpensioner.org e-mail : [email protected]
Foot Soldiers of Indian RailwayOn these men rest the entire system of Security, safety & maintenance of Indian Railway tracks to
keep trains running at high speed-Be it a War, Terrorist attack, Riots , Floods or any other calamity. Theyunarmed guard and maintain the Indian Railway tracks & bridges. Their job is as arduous and risky as thatof a soldier at the border yet he is the mostneglected category of staff in Indian Railways. Trackmain-tainers are respon- sible for testing the healthof rail tracks and conduc- ting repairs and mainten-ance. India’s 66,687 km of railway lines are mannedby around 220,000 track maintainers. They coverthousands of kilometer throughout railway trackson an average of eight hours a day, in rain andsunshine, often carrying upto 35kg of equipmentand tools on their backs. In Six out of seven daysseveral of these railway employee get killed in theline of duty , making their job statistically far moredangerous than that of security forces in mostviolent combat zones. On an average 3000 railwayemployees are killed while 800 are disabled, inaccidents on duty every year. Most of them aretrackmen who get run over by trains as they patrol & work on the tracks. Railway gangmen re-designatedas track-men alternatively called Track maintainer. Trackmen were colloquially known as gangmen becausethey used to work in gangs.They are the lowest paid employees in Indian Railways. Minimum qualification
BHARAT PENSIONER2
April 2017HUM AUR AAP
is SSLC but due to unemployment graduates, postgraduates,diploma engineers & even MBAs areapplying for this hard job. Now they are called Trackmaintainer & work in UNITS of 20-25 TM, headedby a “P.W.M” assisted by a Mate & a key man.Unitis responsible for maintenance,safety & securityof 6 to 8 track kms without hampering running trainsin any way.Each TM has to complete the days workas per the standard yardstick in eight hour to 3mmfineness. But , even today, the only warning systemthey have is a sharp whistle from the PWM /matewho also acts as a look out man on the team, tellingthem that a train is hurling towards them and theyneed to get off the tracks. There is no provision forlookout man & even for a water man in thesanctioned strength of the unit.If a lookout man &water man are deputed from the unit to supplydrinking water at site, their portion of work isdistributed among other members of the team inequal proportion.
Every morning, track maintainers set outcarrying equipment, including beaters, crowbars/Bar straightening, hammer, rake ballast, shovel &Iron mortar Pan together weighing more than 35kg and cover about six kms on foot checking forfaults in tracks & rectifying to3mm fineness as perscheduled program on DTM i.e. Directed TrackMaintenance System.
“A good number of Track Men are over 45 yearsold and are vulnerable to failing health as they haveto carry the weight through extremes of weather ,”
My salutations to all the gang men who risktheir lives and work hard day & night irrespectiveof cold or scorching heat to make sure the trainshave a smooth run while we travel and sleep inpeace, just ignoring these poor brave men.
Er.S.C.Maheshwari, Secy Gnl BPS
Letter No. BPS/SG/Cofee BD/17 dt : 02.04.2017
from SC Maheshwari SG BPS, to Smt. Nirmala
Sitharaman, Honourable Minister of State(Independent Charge), Ministry of Commerce
& Industry Udyog Bhawan, New Delhi.
Sub: Delay in implementation of the orders
contained in OM dated 06.04.2016-Delinking of 33 years of service for
fixation of pension.
The Coffe Board has not so far implementedthe orders contained in the OM dated 6.4.2016 inrespect of the pre- 2006 pensioners of CoffeeBoard in spite of our repeated requests. The Boardhas also not implemented the other pending issuesviz. a) Implementation of 7th CPC orders to retireesof Coffee Board with effect from 1.1.2016 and b)grant of Dearners Relief with effect 1.7.2016.
The Coffee Board has not so far replied to therepresentations made by our affiliate Cofee BoardPensioners Association with regard to theimplementation of orders contained in this OMdated 6.4.2016 and other issues mentioned hereinabove. In this connection, we wish to inform youthat, in response to our representation to Mr. D.V.Sadanada Gowda, Hon’ble Minister of Statisticsand Programme Implementation, New Delhi, onthe subject under reference, had addressed a letterdated 27.1.2017 to your good self and you werekind enough to respond to Mr. Sadanada Gowda,- vide your letter dated 21.2.2017-printed at p-5,stating that “the matter has been examined inconsultation with Department of Pension andPensioners’ Welfare. As per their advice, furtheraction is being taken in the Ministry regardingexamination from financial angle and a decisionwill be taken shortly.”
As per the OM dated 13.1.2017 issued by theMinistry of Finance (Department of Expenditure)relating to guidelines with regard to pay revision ofemployees of autonomous bodies - a specified Actof Parliament, not generating adequate internalresources to meet the additional financial impact,the extent of Government support may be morethan 70% of the additional impact, provided in theopinion of the concerned financial adviser thenature of functions and funds positions of theorganisations so warrant. As the Coffee Board wasalso constituted by an Act of Parliament, theGovernment has to consider the request of theBoard for release of additional funds required forimplementation of orders in terms of OM underreference. It is as simple that if the Board hadsufficient funds, it would not have requested theGovernment for additional funds. If non-implementation of the orders contained in this OMdated 6.4.2016 is only due to non-availability offunds for payment of arrears to the pensioners with
cont’d at P-5
BPS Writies
BHARAT PENSIONER
April 2017
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1. Hum Aur Aap.......................................1-9
i) Foot Soldiers of indian Rlys ...............1-2
ii) BPS writes.........................................2-9
2. GOI Orders...................................09-14&16
i) DOP&P reg amendment to GPF ..............
(CS)1960 .......................................... 9-10
ii) DOP&PW reg DR to CG .........................
pensioners wef 01.01.2007 ........... 10-11
iii) Rly Bd reg CSTE (2).......................11-12
iv) PCDA Allahabad reg Delay ....................
in transfer of pension files ......................
in case of change of PDAs .................. 12
v) DOP&PW reg Miniutes of .......................
meeting dated 17.03.2017 .......................
on NPS .......................................... 12-13
vi) M/o Communication reg .........................
implementation of 7th CPC ....................
recommendations ...............................14
vii) Rly Bd reg TA/DA to re-engaged rly ......
retirees after retirement ....................16
3. RS/LS Questions/Answer ............... 14-15
4. Judgements ..................................... 16-29
5. Thanks .............................................. 30-32
6. Aap Aur Hum ................................... 32-36
7. Vice Prez (WZ) visit to USA in c/w.............
International Conference on Pivot............
towards War ..........................................36
HUM AUR AAP
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BPS Account details only
for donations:SBI New Delhi - 110014, JangpuraBranch A/C No. : 10825178380IFSC: SBIN0001274, Account
Holder:Bharat PensionersSamaj. Donations, exempted U/S 80G. Do intimate your PANNo.and other details afterdepositing in Bank A/C to availbenefit of 80G.
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Secy Genl BPS
BHARAT PENSIONER4
April 2017
BHARAT PENSIONERS SAMAJ, NEW DELHI
(Federation of All India Pensioners' Associations), Regd No. S - 2023 of 1962 - 63
MEMBER, INTERNATIONAL FEDERATION ON AGEING, TORONTO, CANADA
BPS has registered its presence internationally in 36 countries and 246 Cities with over 22 lac online
audience - AS Per Google analytical report2/13-A, LGF ( Backside), Jangpura - 'A', Hospital Road, New Delhi - 110 014
Advisor : S S Ramachandran, 144, New Surya Kiran Appt,Plot
65, I.P.Extn.Patparganj Delhi - 92, T : 09868862322, e-mail :
President : Shyam Sunder, 2/15-B,Hospital Road Jangpura’A’
ND-14, T : 011-2437 6642 (O), 011-2437 8583 (R),
Mob:09213055550, e-mail : [email protected].
Wkg President : K C Pipal,15 MIG Nehru Enclave Shamsabad
Rd Agra - 282004,T: 0562-2480777,09412269177
Secy Genl : S C Maheshwari, M : 09868488199,Tel-011-
24376642 e-mail:[email protected]
JSG : Pooran Lal, MIG-81, Nehru Enclave, Shamsabad Road,
Agra - 282 004 M : 095364 61904, 094579 50415,email [email protected] : Harchandan Singh, "harchandan_ chd32 @yahoo.co.in"
Mob: 09569631598
Treasurer : Rameshwar Kumar, BH-171 Poorvi Shalimar Bagh
Delhi-110 088 M - 09654892289
Secy (Defence) : Onkar Singh Riar, 786, Urban Estate-I,
Jalandhar-144022,Mob : 09855050608, onkar.riar@ yahoo.com
Secy (Postal & Ors) : M Chandramowli, Door No. 1-31-6/
102, Maruthi Residency, Sri Sathya Sai Enclave, Street No.1
Manovikas Nagar,Secunderabad - 500009, Tel : 040-27992244,
chandramowlim@ yahoo.co.in, Mob - 09441072434
Secy (Rly Penrs)-For Rly matters, contact directly: Bimalendu
Chakraborty,#336/1/N Sukantapally Po Siliguri Bazar, Nr. Balaka
Club, Dist: Jalpaiguri - 734005 (WB) M : 080161 35182 T-0353-
2562545(R)2692331(O):[email protected]
Secy (BSNL/PSUs):D D Mistry,C-11 Suvnadham Avenue, Opp
Sundarvan Flats Ranip, Ahmedabad-382480, Tel : 079-27521400
M:09879090682,e-mail [email protected]
Secy States : RLN Ratnam,310,Sapthagiri Appts Phase - 4,
Padma Rao Nagar, Secunderbad - 500025 Teleangana State
email : [email protected],M - 09440698159
Secy (EPS-95) ; Prakash Yende, (EPS-95) Co-ordination
Committee Vidarbha Region, Swagat Colony, Karla Road,
Wardha-442001 ,M:09028232696 ,mohdyunus2013
@yahoo.com
Secy (Statuory/Autonomous Bodies): T V Surya Prakash,
Tel :09448375138, email:cbpensionersassciation@ yahoo.com
Secy (PR) :K L Malhotra, F-11, Sec-03 Rail Vihar,Vasundhra,
GZB-201012, Tel - 0120-2698625, M - 09818297181,
Editor : Madan Mohan Kapur, # 6/57 WEA, Karol Bagh, New
Delhi - 05, M : 09654986000,[email protected]
Associate Editor : N C Gupta, # 933,GH14 Paschim Vihar
New Delhi-87, Mob- 09312797353,[email protected],
Contact each of them directly at :
Sr.Vice-Prez : R N TripathiL-21, Laxmi Nagar, Delhi -110092Mob:09560225970
Vice-Prez (North Zone):Tarsem Singh, CG Pensioners Assn, BXL-144 Prem Nagar Phagwara-144401, Mob :09876118098-email : [email protected]
Vice-Prez (East Zone):Dr. Amrita lal Chakraborty696, Kalikapur Road, Po Haltu,Kolkata-700078, Mob-09830034445, Tel:033-2484/2163,email:[email protected]
Vice-Prez (West Zone):
J Narayana Rao, 207 Kailash Aptts,Kamptee Road, Nagpur - 440 017T : 0712 - 265 2335 M : 094217 03511e-mail : [email protected]
Vice-Prez (South Zone):Vacant........................
Vice-Prez (N E Zone):Th Yaisukul Singh, Irawat Bhawan,Imphal (Manipur)-795 001T: 0385 - 244 3738 M : 09436033765e-mail : [email protected]
Contact Tele : Office – 011-2437 6642
Mob:08860412898 (Only ‘SMS’ No Voice Call)
Contact Time : 11.00 - 2.00 pm only
Visitors Time : 11.00 - 2.00 pm
Membership Rates w.e.f. 01.04.16 (Individual)One year` 300 (Foreign) $ 60
Two years ` 580 Three years ` 800
Annual Affiliation Fee (Assn/Institution etc) : ` 600
[Please prepare drafts/multi city cheques onlyin favour of BHARAT PENSIONERS SAMAJ OR
send MO/EMO with complete details to Bharatpensioners Samaj, 2/13-A,LGF (Back side) Jangpura ‘’A’’ hospital Road - New Delhi -110014 Please do
not deposit Subscriptions directly in BPS bank
account either by cheque or Cash.
MANEGMENT
BHARAT PENSIONER
April 2017
5
P K Goswami (Smt), Tel : 011-24378583
P N Sharma,Tel:011-27018811,09210204078
D Jayaraman,Tel:044-45538497, 09654858175,e-mail-jayaramanbps@gmail. com
Vijay Kumar Taneja, Mob : 09711206666,
R S N Moorthy, Tel : 09958839936,[email protected]
K B Krishna Rao, Tel : 080-23230545,[email protected]
V. Umesh Babu, Tel : 09400856624,[email protected]
S P Bhardwaj, Tel : 09810914167
D A N Sarma, Tel : 09247537961
M K Kapse,Tel:09420854834, [email protected]
Mohd Yunus, Tel : 09665586788, [email protected]
Shripad Vishnu Deshpande, Tel : 020-24473757,[email protected]
Asis Ranjan De, Tel : 0361-271852, [email protected]
S M Kanjilal, Tel : 0954499382, [email protected]
Prakash Pathak, Tel : 09822936284, [email protected]
P N Pandey, Tel : 09422905481,[email protected]
S.S Dubey, Tel : 09936662638, [email protected], [email protected]
R K Nanda, Tel : 09810793174, [email protected] D Subbha Rao,
D.Subba Rao, Org. Secretary/CGPF, Mob:9618610046, [email protected]
Note : Members may check & errors, if any,be intimated to BPS.
AAP AUR HUM
Details of Managing committeemembers of Bharat Pensioners Samaj :- effect from 1.1.2006, we request you to consider
our suggestions, as under, for resolving grievancesof Coffee Board Pensioners:
A. Revise the pension of all pre-2006pensioners in terms of OM dated 6.4.2006,immediately, and pay the pension, as per therevision, with effect from March 2017;
B. Revise the pension of all pre-2016pensioners in terms of OM dated 4.8.2016-7thCPC beneflts and pay the pension, as per therevision, with effect from March 2017;
C. Consequential payment of arrears, witheffect from 1.1.2006/1.1.2016, may be paidduring the financial year 2017-18 in one or twoinstalments; and
D. Grant of Dearness Relief with effect from1.7.2016.
It is requested that above suggestions may beconsidered favourably and issue neccessarydirectives at the earliest giving pensioners in theevening of their lives a great relief and satisfaction.
Enclosure : D.O.No. 15/01/2017-Plant-B/179 dt
: 21.02.2017 from Ms Nirmala Sitharaman,Hon’ble Minister of State (Independent Charge),Commerce & Industry, UOI to shri SadanandaGowda, Minister of Statistics & ProgrammeImplementation,UOI
Please refer to your letter dated 27.01.2017forwarding therewith a represntation of the CoffeeBoard Pensioners’ Association (R) Bangloreregarding revision of Pension of pre-20016pensioners who rended less than 33 years ofservice in terms of Department of Pension &Pensioners’ Welfare’s O.M. dated 06.04.2016.
The matter has been examined in consultationwith Department of Pension and Pensioners’Welfare. As per their advice, further action is beingtaken in the Ministry regarding examination fromfinancial angle and a decision will be taken shortly
cont’d from p-2
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monthly Magazine regularly are requested tocontact BPS office and get their addresses
updated
BHARAT PENSIONER6
April 2017HUM AUR AAP
Letter No. NFRPA/NJP/M/05/17 dt : 02.03.2017
from Bimalendu Chakraborty, Secretary
(Railway Pension) Bharat Pensioner Samaj/
Jaipaiguri, to General Manager (P) N. F. Railway,
Maligaon Guwahati-11, Assam.
Sub : Denial to grant Life Time Family Pension
by the DPO/New Jalpaiguri to Miss
Eshita Sengupta, un-married daughter of
Late Ashitendu Sengupta, Retired OS
under CMS/New Jalpaiguri, even after
submission of application as per JPO.
Ref: DPO/NJP’s Letter No.E/FS/Med/NJP
Dated:01-03-2017 Etc.
Under painful circumstances, I beg to draw yourkind attention to the above subject for favour ofyour immediate action please.
1. That, duly filled-in formats of application withnecessary copies of document as per JPO weresubmitted by the above applicant on 06-02-2015to the DPO/NJP.
2. That, the case was referred to SLWI forinvestigation, who took more than a year to returnthe case with his formal verification report, basedon which the DPO/NJP forwarded the case toAssociated Finance (ADFM/NJP) with SANCTIONMEMORANDUM.
3. The ADFM/NJP returned the case with 10(ten) Numbers of observations vide Check NoteNo.NJP/PN/POL/88/Pt.IV Dated:22-09-2016 (copyenclosed vide Annexure-‘A’).
4. After due compliance by the applicant, thecase was resubmitted to the ADFM/NJP
5. That the ADFM/NJP further demanded someclarifications and correction of Indemnity Bondproviding two sureties. This was complied withpromptly and the case was further resubmitted bythe party concerned on 02-02-2017(Copy enclosedvide Annexure ‘B’).
6. That, when it was expected that the casewould be finalized, the DPO/NJP, quoting the letterof DFM/NJP vide No.NJP/PN/POL/88/Pt.IVDated:07-02-2017 that, “Family Pension case ofMiss Eshita Sengupta, daughter of Late AshitenduSengupta is returned unpassed due to VoterIdentity Card in which the name is Ashit Senguptain lieu of Ashitendu Sengupta”, asked her to comply
with the remark (copy enclosed vide ‘C’).
7. That, the applicant Miss Eshita Senguptavide her reply dated:15-02-2017 drew attention ofthe Competent Authority that the name of herfather was ASHITENDU SENGUPTA, which wasmentioned in all of his Service documents includinghis Death Certificate as well as in the Deathcertificate of his wife and all F.S. papers (Copyenclosed vide Annexure ‘D’).
8. That, in her Voter Identity card the name ofher father has partially been printed as ASHITSENGUPTA omitting the portion “ENDU”. It wouldbe a very strenuous and time taking job to rectifythe said EPIC Card from the office of ElectionCommission. (Copy enclosed vide Annexure ‘E’)
9. That, the poor child has also executed an“Affidavit” in the Siliguri Court affirming anddeclaring that the name of her father isASHITENDU SENGUPTA and somewhere it waswritten inadvertently as ASHIT SENGUPTA. (copyenclosed vide Annexure ‘F’).
10. That vide Letter No.E/FS/MED/NJP Dated:17-02-2017, the DPO/NJP once again pressed theapplicant that her, “Birth proof Certificate musthave to be corrected” (Annexure vide ‘G’).
11. That, vide her application dated:28-02-2017she also submitted a copy of Transfer Certificateissued by the Head Mistress, Siliguri DeshbandhuVidyapith Girls High School, confirming her dateof birth as 28-02-1980 and name of father asASHITENDU SENGUPTA, etc. (copy enclosed videAnnexure ‘H’).
12. But, not satisfied with this reply, the DPO/NJP has further insisted, vide his letter No.E/FS/Med/NJP Dated:01-03-2017 on getting the VoterI/Card as well as Registration Certificate issuedby WBBSE (a fresh addition), corrected as above.(copy enclosed vide Annexure ‘I’).
13. That, in the above letter he has mentionedthat the certificate issued from Siliguri MunicipalCorporation, the name of her father was mentionedas Late ASHIT SENGUPTA, which is a newrevelation and not correct.
14. It may please also be noted that, within last6 months the girl has been served with 4 (four)successive letters with objections after objections
BHARAT PENSIONER
April 2017
7
HUM AUR AAP
Letter No. BPS/SG/Health/017/01 dt : 30.3.2017from SC Maheshwari, SG, BPS to Hon’bleMinisters of : Health & Family Welfare, UOI;Railways, UOI; and Finance, UOI.
Sub : Merging Indian Rly Health Services withCGHS
Ref: Para 9.5.18 of 7th CPC report
Bharat Pensioners Samaj the largest and oldestFederation of Pensioners in the country would liketo convey many thanks for your candid andbenevolent efforts for improving healthcare facilitiesin the country made thus far and congratulate youfor launching National Health policy 2017. A littlemore, as being requested here under will go along way in resolving healthcare issues of over 11lac of Zonal Railway retirees on long term basis.
Our major grievance still persists for notconsidering the retired Railway employees at parwith other retired Central government employeeor in other words the retired Railway employeesare being considered inferior to other centralgovernment employees even though the Railwaybudget has been merged with general budget forall expenditure purposes; yet there is disparitybetween retired Railway employees and otherCentral Government employees as the Railwayemployees are not governed by CGHS rulesthough both these classes of employees belongto the same Central Govt.. The dichotomy is thatthe retired employees from Railway Board areeligible to opt for CGHS but those retired from zonalRailways are discriminated and given a stepmotherly treatment by not granting them the benefitof CGHS. The retired employees from ZonalRailways, therefore, need to be granted the benefitof CGHS forthwith.
As has been rightly brought by7th CPC in theirrecommendations in Para 9.5.18(iii) “Currently,there are various healthcare schemes in theCentral Government catering to specific sets ofemployees. For example, apart from CGHS, thereare Ex-Servicemen Contributory Health Scheme(ECHS) and Railways Employees LiberalizedHealth Scheme (RELHS) which cover ex-servicemen and Railway employees/pensionersrespectively. Although the patterns in theseschemes vary, a combined entity of CGHS, ECHS-RELHS would result in a very strong network of
Letter No.NC/JCM/2017 dt :30.03.2017 from Shiv
Gopal Mishra, Secretary, National Council (Staff
Side)/Joint Consultative Machinary for Central
Govt. Employees, New Delhi to all Constituents
of the, NC/JCM(Staff Side), New Delhi.
Sub: Brief Minister of State of the meeting
held with the Cabinet Secretary
I met the Cabinet Secretary on 28th March,2017 and shown anguish about the inordinatedelay in resolution of long pending demands of theCentral Government Employees, and subsequentlyhanded him over a letter on the subject matter onthe next day.
The Cabinet Secretary given us assurance that,he is already pursuing these issues, and thoughthere had been some delay in finalization of theallowances, report of the Committee on Pensionhas already been submitted to the Cabinet. NPSCommittee is already on its job and we would tryto resolve the pending issues within a short period.He also expressed his apprehension that, MCDelections may result in some delay, but at the sametime, he assured that, as soon as he gets report ofthe Committee on Allowances, that will immediatelybe forwarded to the Cabinet, and after approval ofthe Cabinet, if need be, we would take necessarypermission from the Election Commission.
This is for your information.
and she had to run from pillar to post for collectionof data and preparation of reply.
15. That Sir, after due verification of the identityand other local information about the applicant,when the Sanction Memorandum was issued bythe Competent Authority and after repeatedcompliance of all observations within this threeyears the applicant is almost denied of herlegitimate claim on plea of some clerical mistakein one or two papers, though the authenticity ofthe case is beyond any question.
Under the circumstances, I, on behalf of myorganization, request your honour to kindly accordyour valuable orders in granting Family Pension infavour of Miss Eshita Sengupta a helpless andhapless child of a deceased ex. Railway man.
[Annexures ‘A’ to ‘I’ not published]
BHARAT PENSIONER8
April 2017HUM AUR AAP
health facilities for the Central Governmentemployees across the length and breadth of thecountry”.
Sir, now that there is no separate Rly budgetand that the retired employees from Railway Boardalready have the option to join CGHS, BharatPensioners Samaj urge that Railway Healthservices be merged with CGHS. This besidestrengthening & expanding CGHS network willensure quality healthcare to Railway beneficiariestoo across the length and breadth of the country.This would grant a better health services to theserving Railway employees also.
To further supplement CGHS system, OptionalHealth Insurance Scheme for pensioners for indoortreatment including those residing in non-CGHSareas for which the final EFC Memo is undersubmission, be launched at the earliest.
Since the proposed Health insurance schemewill not include OPD facility, increasing FixedMedical allowance (FMA) to Rs 3000/ Per monthin lieu of OPD may be actively and sympatheticallyconsidered.
Thanking you in anticipation
Letter No BPS/SG/RELHS/017/02 dt : 30.3.2017,
from S C Maheshwari SG, BPS to Member Staff
(MS), Ministry of Railways, Railway Board. (Kind
attention : Shri Pradeep Kumar)
Sub: Cashless treatment Scheme in
emergencies {CSTE} linked with 12
digit / 10 digit PPO Nos
I, undersigned, on behalf of BharatPensioners Samaj the largest & the oldestFederation of Pensioners Associations withover 7 lac members through its Affiliates & Associates which includes large number ofRailway Pensioners, regrets to bring to yournotice that to join CSTE 10 digit PPO Nos arerequired whereas several zones such as Central& Northern Railways have not so far issuedPPOS with 10 Digit Nos to all the Pensioners.
Moreover, as per existing orders of Ministryof Finance, on N.Rly good number of pre 1990pensioners have been issued 12 digit No PPOs.Central Railway till-date has neither issued 12
digit nor 10 digit PPOs to all the pensionersresulting in denial of CSTE membership throughno fault of the pensioners.
Sir, Annexure-4.1 to CSTE policy letterprovides facility of Online mode of CTSE I Cardapplication and issues through M/S UTIITSLonline application, the said annexure- 4.1 statesthat Link to this application is provided at allrailway websites. Undersigned regrets to informyou that this link does not exist on any of theRailway websites.
2. Amount to be deposited to join CSTE :-The corrigendum dated 24.1.2017 providescontribution as per ward entitlement of theapplicant. In railway hospitals. All gazette officersare entitled to private ward but in referralhospitals ward entitlement is as per CGHS.CGHS revised ward entitlement vide MOH&FWGOI, OM No. S.11011/11/2016- CGHS (P)/EHSdated 9.1.2016 is based on entry level indexedpay as per the level in the 7th CPC pay matrix. Itmay kindly be clarified if same will be applicableto Rly Pensioners also
3. Sir, BPS, further strongly urge that till allRailway dispensaries are authorized to refer thebeneficiaries to railway em-paneled hospitals anddiagnostic centres, the proposed Scheme CSTEwill not be of much help to the retirees even aftershelling out additional amount to join CSTE. Yourhonour can very well appreciate the logistics oftraveling to Railway hospitals for day-to-daytreatment due to old age ailments (as many ofthem are located at far off places in suburbs ofmetropolitan cities), is rather scary due to meagersupport system available to the old pensioners.On this account, many retired employees are notin a position to avail RELHS facilities of Railwaysand they are forced to visit private hospitals andincur substantial expenditure on their treatmentout of their pocket.
Sir, I would like to convey thanks for yourcandid and benevolent efforts for retiredemployees made till now. A little more,asrequested above, will go a long way in resolvinghealth care issues of Railway retirees on longterm basis.
Thanking you in anticipation.
BHARAT PENSIONER
April 2017
9
GOI ORDERS
OM No 3/2/2017-P&PW (F)(ii) dt : 07.03.2017from Ministry of Personnel, PG & Pensions,Deptt of Pension & Pensioners’ Welfare,Desk-F, Khan Market, New Delhi-110003.
Sub: Amendment to the provisions of GeneralProvident Fund (Central Service)Rules1960- liberalization of provisions forwithdrawals from the Fund by thesubscribers — regarding.
The General Provident Fund (Central Service)Rules came into force in 1960 and Rule 15 of thesaid rules provide for withdrawals by thesubscribers. Some amendments have been madefrom time to time to address the concerns raisedby the subscribers. However, the provisions, largelyremain restrictive. There is a felt need to liberalizeprovisions, raise limits and simplify the procedure.
2. The provisions in the rules have beenreviewed and it has now been decided to permitwithdrawals from the fund by the subscriber for thefollowing purposes:
i) Education — This will include primary,secondary and higher education, covering allstreams and institutions,
ii) Obligatory Expenses viz. betrothal, marriage,funerals, or other ceremonies of self or familymembers and dependants,
iii) Illness of self, family members ordependants,
iv) Purchase of consumer durables
3. It has been decided to permit withdrawal ofupto twelve months pay or three-fourth of theamount standing at credit, whichever is less. Forillness, the withdrawal may be allowed upto 90%of the amount standing at credit of the subscriber.A subscriber may seek withdrawal after completionof ten years of service.
v) Housing including building or acquiring a
Letter No BPS/SG/FP/17/1 dt : 05.04.17 fromS C Maheshwari, SG, BPS, to additional Secy,GOI, DOP&PW (Kind attention : Ms VandanaSharma).
Sub: Denial of advantage of delinking of 33years qualifying service in revision ofFamily pension of pre 2006 familypensioners.
Refe: OM No. 38/37/08-P&PW (A) Governmentof India Ministry of Personnel, PG &Pensions Department of Pension &Pensioners' Welfare Dated the 06thApril, 2016 regarding revision ofpension of pre-2006 pensioners-delinking of revised pension fromqualifying service of 33 years
It has been brought to the notice of BharatPensioners Samaj that Family Pensioners are notbeing given the advantage of delinking of 33 yearsof qualifying service and that their pension is notbeing revised in accordance with the orderscontained in OM No.38/37/08-P&PW(A)Government of India Ministry of Personnel, PG &Pensions Department of Pension & Pensioners'Welfare dated the 06th April, 2016.
Will you kindly clarify if the said orders are notapplicable for the revision of family pension of pre-2006 Family Pensioners.
Thanking you in anticipation
Letter No. AIRF/24(C) dt : 28.03.2017 from Shiva
Gopal Mishra, Genl Secy, AIRF to Genl
Secretaries, all Affiliated Unions.
Sub: Meeting of Committee on Allowances held
today remained inconclusive
Meeting of Committee on Allowances tookplace on 28th March, 2017, discussion onAllowances remained inconclusive. Issue of HouseRent Allowance didn’t come up during meeting.
I met Cabinet Secretary/GOI & urged him forearly resolution of pending demands ofRailwaymen that includes NPS, early disbursal ofAllowances of 7th Pay Commission, Increase inMinimum wages and fitment formula. Issue ofMACP was also discussed and removal of theprovision of benchmark ‘Very Good’ for MACP,
which has been recommended from ‘Good’ to ‘VeryGood’ by the 7th Pay Commission, has also beendemanded. Though Cabinet Secretary has givenpositive assurance on our demands yet we needour rank and file to be prepared for persistentstruggle. Next meeting of allowance committee on05.04.2017.
BHARAT PENSIONER10
April 2017GOI ORDERS
suitable house or a ready built flat for hisresidence,
vi) Repayment of outstanding housing loan,
vii) Purchase of house site for building a house,
viii) Constructing a house on a site acquired,
ix) Reconstructing or making additions on ahouse already acquired,
x) Renovating, additions or alterations ofancestral house.
4. A subscriber may be allowed to withdrawupto ninety percent of the amount standing at creditfor the above purposes. It is also decided do awaywith the present instructions which lay down thatsubsequent to the sale of house for which GPFwithdrawal has been availed, the amountwithdrawn has to be deposited back. GPFwithdrawal for housing purpose will no longer belinked with the limits prescribed under HBA rules.A subscriber may be permitted to avail the facilityat any time during his service.
xi) Purchase of motor car/motor cycle/ scooteretc. or repayment of loan already taken for thepurpose,
xii) Extensive repairs /overhauling of motor car,
xiii) Making deposit to book a motor car/motorcycle/scoter, moped etc.
5 .A subscriber may be permitted to withdrawthree- fourth of the amount standing at credit orcost of the vehicle, whichever is less for the abovepurposes. Withdrawal for the above purpose willbe permitted after completion of 10 years of service.
6. Presently, withdrawal of upto 90% of balancewithout assigning reasons is allowed forGovernment servants who are due for retirementon superannuation within a year. It is proposed thatthis may be allowed for upto two years beforesuperannuation.
7.In all cases of withdrawal from the fund bythe subscriber, the declared Head of Departmentis competent to sanction withdrawal. Nodocumentary proof will be required to be furnishedby the subscriber. A simple declaration form bythe subscriber explaining the reasons forwithdrawal would be sufficient.
8.As per the GPF(CS) Rule 1960, no time limithas been prescribed for sanction and payment of
withdrawal amount. Therefore, it has been decidedto prescribe a maximum time limit of fifteen daysfor sanction and payment of withdrawal from theFund. In case of emergencies like illness etc., thetime limit maybe restricted to seven days.
9.Necessary amendment to the GPF(CentralService)Rules 1960, giving effect to the aboveprovisions will be issued in due course.
10.In so far as persons serving in Indian Auditand Accounts Department are concerned, theseorders issue in consultation with the Comptrollerand Auditor General of India
11.This issues with approval of Department ofExpenditure, vide their ID No. 4(1)/E-V/2017 dated28.02.2017.
Sujasha Choudhury, Director
OM.No.42/15/2016-P&PW(G) dt : 07.04.17 fromGOI, Ministry of Personnel, Public Grievances& Pensions, Deptt of Pension & Pensioners’Welfare, New Delhi.
Sub: Grant of Dearness Relief to CentralGovernment pensioners/familypensioners – Revised rate effective from1.1.2017.
The undersigned is directed to refer to thisDepartment’s OM No. 42/15/2016-P&PW(G) dated16th Nov, 2016 on the subject mentioned aboveand to state that the President is pleased to decidethat the Dearness Relief admissible to CentralGovernment pensioners/family pensioners shall beenhanced from the existing rate of 2% to 4% w.e.f.1.1.2017.
2. These orders apply to (i) Civilian CentralGovernment Pensioners/Family Pensioners (ii) TheArmed Forces Pensioners, Civilian Pensionerspaid out of the Defence Service Estimates, (iii) AllIndia Service Pensioners (iv) Railway Pensloners/family pensioners (v) Pensioners who are in receiptof provisional pension.
3. These orders shall not be applicable onfollowing categories
(i) The Burma Civilian pensioners/familypensioners and pensioners/families of displacedGovernment pensioners from Pakistan who arelndian Nationals but receiving pension on behalf
BHARAT PENSIONER
April 2017
11
GOI ORDERS
of Government of Pakistan and are in receipt ofad-hoc ex-gratia allowance.
(ii) Central Government Employees who haddrawn lump sum amount on absorption in a PSU/Autonomous body and are in receipt of 1/3 restoredcommuted portion of pension.
(iii) CPF beneficiaries, their widows and eligiblechildren who are in receipt of ex-gratia payment interms of this Department’s OM No.45/52/97-P&PW(E) dated 16.12.1997 and revised vide thisDepartment’s OM 1/10/2012-P&PW(E) dated27.06.2013. Separate orders will be issued inrespect of the above categories.
4. Payment of DR involving a fraction of a rupeeshall be rounded off to the next higher rupee.
5. Other provisions governing grant of DR inrespect of employed family pensioners and re-employed Central Government Pensioners will beregulated in accordance with the provisionscontained in this Department’s OM No. 45/73/97-P&PW (G) dated 2.7.1999 as amended vide thisDepartment’s OM No. F. No. 38/88/2008-P&PW(G)dated 9th July, 2009. The provisions relating toregulation of DR where a pensioner is in receipt ofmore than one pension will remain unchanged.
6. In the case of retired Judges of the SupremeCourt and High Courts, necessary orders will beissued by the Department of Justice separately.
7. It will be the responsibility of the pensiondisbursing authorities, including the nationalizedbanks, etc. to calculate the quantum of DR payablein each individual case.
8. The offices of Accountant General andauthorised Pension Disbursing Banks arerequested to arrange payment of relief topensioners etc. on the basis of these instructionswithout waiting for any further instructions from theComptroller and Auditor General of India and theReserve Bank of India in view of letter No. 528-TA, 11/34-80-11 dated 23/04/1981 of theComptroller and Auditor General of Indiaaddressed to all Accountant Generals and ReserveBank of India Circular No. GANB No. 2958/GA-64(ii) (CPL)/81 dated the 21st May, 1981 addressedto State Bank of India and its subsidiaries and allNationalised Banks.
9. In their application to the pensioners/family
pensioners belonging to Indian Audit and AccountsDepartment, these orders issue after consultationwith the C&AG.
10. This issues with the concurrence of Ministryof Finance, Department of Expenditure vide theirOM No.1/3/2017-E.II(B) dated 30th March, 2017.
(Charanjit Taneja)
Under Secretary to the Government ofIndia
Entitlement
Private Ward
Semi-Private Ward
General Ward
Present Subscription
Rs. 50,000/-
Rs.25,000/-
Rs.10,000/-
Revised Subscription
Rs.30,000/-
Rs.15,000/-
Rs.6,000/-
(2) An amount to be deposited at the time ofadmission in Empanelled Private Hospital
Entitlement
Private Ward
Semi-Private Ward
General Ward
Present Subscription
Rs. 10,000/-
Rs.5,000/-
Rs.2,000/-
Revised Subscription
Rs.5,000/-
Rs.2,500/-
Rs.1000/-
This issues with concurrence of FinanceDirectorate in the Ministry of Railway.
Dr. Gajendra Kumar, Adviser Health,
Rly Bd
Letter No.2014/H/28/1/smart card/Part A dt:24.01.2017 from GOI, Ministry of Rlys, Rly Bd,New Delhi to Genl Managers, All Indian Rlys; GM/CAO/DG, all production units, NAIR & RDSO.
Sub : Policy letter on cashless treatment schemein emergency (CTSE) in empanelledhospitals for retired employees and theirdependent family members.
Ref : Board’s letter of even number dated14.07.2016.
The competent Authority in the Ministry ofRailways has decided that the one time subscriptionfor joining the CTSE Scheme and the amount to bedeposited in the empanlled private hospital at thetime of admission appearing at pages 5&8 of theBoard’s letter cited under reference respectively, maybe revised as under:-
(1) One Time Subscription
BHARAT PENSIONER12
April 2017
OM No. 57/1/2016-P&PW(B) dt : 23.03.2017 from
GOI, Ministry of Personnel, PG and Pensions,
Deptt of Pension and Pensioners Welfare, New
Delhi.
Sub: Minutes of the meeting of the Committee
to suggest measures for streamlining
implementation of the National Pension
System (NPS) held on 17.03.2017 -reg.
The minutes of the meeting of the Committee tosuggest measures for streamlining implementationof the National Pension System (NPS) held underthe Chairmanship of Secretary (Pension) on17.03.2017 at Sardar Patel Bhawan, New Delhi ishereby forwarded for information and furthernecessary action- printed below.
Harjit Singh, Director
Encl. as above.
Minutes of the Meeting
A meeting of the Committee to suggest measuresfor streamlining the implementation of the NationalPension System was held under the Chairmanshipof Shri C. Viswanath, Secretary (Pension) on17.03.2017 at Sardar Patel Bhawan, New Delhi withJCM ( Staff side). The following were present:
GOI ORDERS
Letter No. 2014/H/28/1/smart card/Part A dt :20.02.2017 from GOI, Ministry of Rlys, Rly BdNew Delhi to Genl Managers, All Indian Rlys;GM/CAO/DG; all production Units, NAIR &RDSO.
Sub: Policy letter on cashless treatmentscheme in emergency (CTSE) inempanelled hospitals for retiredemployees and their dependent familymembers.
Ref: Board’s letter of even number dated14.07.2016 & 24.01.2017.
In partial modification of Railway Board’s letterof even number dated 24.01.2017 (Cited underreference). Ministry of Railways, with the approvalof competent authority, have decided to do awaywith the condition of deposting advance amountby a CTSE member in Private EmpanelledHospitals at the time to admission. Accordingly theletter dated 24.01.2017 stand modified to the extentthat the para (2) of letter dated 24.01.2017 (relatingto the amount to be deposited at the time ofadmission in Empanelled private Hospitals) shouldbe treated as deleted. Para -h/ page-8 of board’sletter dated 14.07.2016 also stands modifiedaccordingly.
2. Other terms and conditions issued from timeto time will remain unchanged.
3. This issues with concurrence of of FinanceDirectorate in the Ministry of Railways.
Dr. Amitava Dutta, Executive Director/Health (G),Rly Bd
Letter No. AT/Tech/70-XXV dt : 16.03.2017 O/oPCDA (Pension), Allahabad to ChiefAccountants, RBI Deptt of Govt. BankAccounts, Central Office, Bandre East -
400051; Mgr CPPC of PS Banks inculdingIDBI; and Nodal Officers (ICICI/AXIS/HDFCBank)-Circular No.190.
Sub : Non transfer of Pension files from banksto other PDAs.
This office is receiving representations frompensioners/family pensioners stating that they havesubmitted applications to their banks for transferof their pension account to other PDA. However,banks are not transferring their pension account
to the new PDAs. In this regards, attention is drawnto para 3 of “Scheme for Payment of Pension ofDefence Pension’ by Public Sector Banks” whichclearly provides that pensioner will have the choiceto draw their pension from any PDA. Further in para7 of above scheme, procedure for transfer ofpension account from one PDA to another PDAhas been laid down. Similar provisions for transferof pension account alongwith necessary supportingdocuments from one PDA to another PDAs areavailable in para 93.1, 93.3 and 94 of DefencePension Payment Instruction 2013.
Non-transfer of pension account of pensioner/family pensioners, if opting, is not only a violationof provisions laid down but also reason of causeof dissent in pensioner/family pensioner. It is,therefore, requested to transfer pension accountof pensioners/family pensioners to the new PDAon priority as and when pensioner/family pensioneropts for the same.
(Abhishek Singh), ACDA (P)
BHARAT PENSIONER
April 2017
13
Government employees should be excluded from thepurview of NPS. In case, however, if minimum wasnot possible to exempt the Government employeesfrom the NPS, a pension @ 50% of the last pay drawnwith dearness relief may be ensured to all NPSemployees on their retirement.
In the Defence Department, the contributions ofaround 250 employees have not been credited totheir NPS accounts and are presumed to be lying insuspense account. The matter should be looked into.There is lot of confusion over NPS among employeesdue to deficiencies in communication of information.Employees are not getting any statement of theirdeductions /accumulated fund. The statement oftransaction i.e. details of contribution made byemployees, matching contribution from theGovernment and the accumulated wealth as on dateshould be communicated to employees at regularintervals. This may be provided in the form ofpassbook to the employees in physical form.Employees should be made aware about thegrievance mechanism available under NPS and theauthorities whom they could approach for redressalof their grievances. Employees should be madeaware of the procedure for correction of Name,address and contact details etc. in the NPS account.
Rules on entitlements to employees/family ondeath or disability of an employee covered under NPSmay be framed. There may be no objection to optionto the employee/family to get family pension/disabilitypension under the old pension scheme or the benefitsunder NPS, in the event of death/disability of theemployee during service.
Study on International practices on the pensionshould be done and functional difficulties in NPS maybe sorted out. Best practices should be adopted afterthe study.
4.Secretary (Pension) assured that the concernraised by the JCM (Staff side) would be dulyconsidered and addressed in the report of theCommittee.
5. The meeting ended with a vote of thanks tothe Chair.
GOI ORDERS
Official side
1. Ms. Vandana Sharma, Additional Secretary(Department of Pension & Pensioners’ Welfare).
2. S/Shri Gyanendra Tripathi, Joint Secretary,Department of Personnel & Training (representingSecretary DoPT).
3. G.S. Yadav, Joint Secretary and Legal Advisor,Department of Legal Affairs).
4. Amar Nath Singh, Director, Department ofExpenditure (representing JS (Pers), Deptt. OfExpenditure).
5. Dr. B. S. Bhandari, Member, Pension FundRegulatory and Development Authority.
6. Pravesh Kumar, DGM, PFRDA.
JCM (Staff Side)
7. S/Shri Shiva Gopal Mishra, Secretary, Staff Side(JCM),
8. M. Raghavaiah, Leader(JCM Staff Side) & GeneralSecretary, NFIR
9. Guman Singh, President, NFIR
10. K.K. N. Kutty, President, Confederation of CGemployees & Workers
11. C. Srikumar, General Secretary/AIDEF, MemberNational Council, JCM
12. R. Srinivasan, General Secretary, INDWF,Member, National Council (JCM).
2. Additional Secretary (Pension) made a briefpresentation on the recommendation of the 7th CPCand the decision of the Government on setting up ofthe Committee, composition of the Committee,formation of three Sub Committees and issues beingconsidered by each of the Sub Committee. Thepresentation also brought out the issues raised andsuggestion made by the employees’ Associationsand other stakeholders for streamlining theimplementation of NPS.
3. Thereafter, JCM (Staff side) made followingobservations / suggestion :
• NPS amounts to discrimination betweenemployees appointed before and after 01.01.2004and also between service personnel and civilianemployees within Defence Department. Personnelretiring with less service period are getting very littlepension with no revision linked to price index.
BHARAT PENSIONER14
April 2017RS/LS QNS
LOK Sabha, Starred Question No.434, by SHRIRAGHAV LAKHANPAL on Entry of DefencePersonnel into civil services.
Question: Will the Minister of DEFENCE bepleased to state:
(a) whether lateral entry of defence officersespecially Short Service Commissioned Officersinto Indian Administrative Service and Indian PoliceService is not taken into account and if so, thedetails thereof;
(b) the manner in which the Government plans
OM No. 47-63/2015-Pen(T)(pt) dt : 16.03.2017 fromGOI, Ministry of Communications, Deptt of Tele-communications, New Delhi.
Sub: Implementation of 7th CPC recommen-dations : Applicability to the BSNL/ MTNLabsorbees opting for pension forcombined service governed under Rule37-A of CCS (Pension) Rules, 1972.
The undersigned is directed to refer to thisDepartment’s OM No. 36-02/2016- Pen(T) (i) dated22.08.2016 and to give the following clarification onthe applicability of the revised rules of CCS (Pension)Rules, 1972 to the BSNL/ MTNL absorbees (optingfor pension for combined service and whose pensionis governed under Rule 37-A of CCS (Pension) Rules)consequent to 7th CPC with regard to DoP&PW’sOM No.38/37/16-P&PW(A)(i) dated 04.08.2016:
2. The rates for payment of death gratuity shallbe revised as per para 6.1 of DoP&PW‘s O.M. No.38/37/2016-P&PW(A)(i) dated 4th August, 2016. Themaximum limit of Death/ Retirement gratuity shall beRs. 20 lakh w.e.f. 01.01.2016.
3. There is no change in the formula for pension/family pension w.e.f. 01.01.2016. BSNL/ MTNLabsorbee employees will, therefore, continue to getpension based on the same formula.
4. There will be no change in the provisionsrelating to commutation of pension. This issues withthe approval of competent authority.
K.S. Dahiya, Under Secretary, (STP)
RAJYA SABHA STARRED QUESTION No. 2986by S/SHRI A. VIJAYA KUMAR and RAM KUMARKASHYAP ON ALLOWANCE OF GOVERNMENTEMPLOYEES.
Question: Will the Minister of Finance bepleased to state:
(a) Whether Government has formed aCommittee for taking decision about the allowancesto the Central Government employees and removalof anomalies in their pay scales announced by theSeventh Pay Commission;
(b) if so, whether the Committee has submittedits report;
(c) if so, the main features thereof and if not,the reasons for delay in submission of report; and
(d) the time by which recommendations ofSeventh Pay Commission regarding theallowances are proposed to be implemented?
ANSWER by SHRI SANTOSH KUMARGANGWAR, MINISTER OF STATE IN THEMINISTRY OF FINANCE ON 28.03.2017.
(a) to (d): The Committee on allowances hasbeen constituted vide order dated 22.07.2016 toexamine and make recommendations as towhether any changes in the recommendations ofthe 7th CPC relating to allowances are warrantedand if so, in what form. A separate anomalycommittee at National Level has also been set up,vide O.M. dated 09.09.2016, to settle the anomaliesarising out of the implementation of the 7th CPCrecommendations.
The National Anomaly Committee has maderecommendations on the calculation methodologyof the Disability Pension for Defence forcespersonnel. The Committee on allowances hasreceived a large number of demands onallowances and even now receiving such demands.All the demands have been diligently examined.The Committee has already held 13 meeting sofar and interacted with the representatives ofCentral Nodal Ministries, National Council (StaffSide), Joint Consultative Machinery (JCM) andofficers and representatives of employeeassociations of Ministry of Health and FamilyWelfare, Home Affairs, Railways, Defence andDepartment of Posts. The Committee is now in theprocess of finalizing its Report. Decisions onimplementing the Report will be taken after theReport is submitted by the Committee.
Source:- Rajya Sabha
BHARAT PENSIONER
April 2017
15
RS/LS QNS
to rehabilitate such officers after a career in thedefence forces;
(c) whether the earlier provision of lateral sidestepping into civil services has been sidelined fordefence officers; and
(d) if so, the details thereof and the reasonstherefor?
ANSWER by SHRI ARUN JAITLEY, MINISTEROF DEFENCE ON 31.03.2017.
(a) to (d): A Statement** is laid on the Table ofthe House. View also Lateral Entry of DefencePersonnel into Central Para Military Forces(CPMFs)
**Statement Referred to in Reply to Parts (a)to (d) of Lok Sabha Starred Question No. 434 forAnswer on 31.3.2017
(a) There is no provision for lateral entry ofdefence officers including Short ServiceCommissioned Officers (SSCOs) into IndianAdministrative Service and Indian Police Service.
(b) The Government has been making constantendeavour to improve the service conditions ofSSCOs, provide for their resettlement and ensurea better quality of life after their release oncompletion of their tenure. SSCOs who are relievedfrom the Armed Forces after completion of theircontractual period are treated as ‘Ex-Servicemen(ESM)’ and are eligible for rehabilitation and welfareschemes of the Government. The DirectorateGeneral of Resettlement (DGR) offers variousschemes viz. ESM Coal Loading andTransportation Scheme, allotment of BharatPetroleum Corporation Ltd. (BPCL) / Indian OilCorporation Ltd. (IOCL) Company OwnedCompany Operated (COCO) outlets across thecountry, Management of CNG Stations in NationalCapital Region etc. for rehabilitation of retiring /retired Defence personnel including SSCOs.
DGR also have Training Courses to re-skill theSSCOs to help them resettle in civil jobs as asecond career. Some of these courses are like 24weeks Management Programmes run throughoutthe year all over the country with PrimeManagement Institutes like Indian Institute ofManagement. Besides Management Programmes,DGR conducts various other short courses for theSSCOs.
(c) & (d): As no provisions exist for lateral entryof SSCOs of the Armed Forces into civil services,the question of sidelining may not arise.
Lok Sabha UNSTARRED QUESTION NO: 5056by SUKHBIR SINGH JAUNPURIA reg Ex-gratiapayable to Contributory Provident Fund (CPF)beneficiaries who retired before 01.01.1986.
ANSWERED ON: 31.03.2017ContributoryProvident Fund
Question : Will the Minister of FINANCE bepleased to state:-
(a) the existing rate of pension underContributory Provident Fund (CPF) pensioner inthe country;
(b) whether the Government proposes toincrease the said rate;
(c) if so, the details thereof along with thereasons therefor; and
(d) whether the Government has the datarelating to the number of CPF pensioners in thecountry as on 31 March, 2016 and if so, the detailsthereof?
ANSWER BY THE MINISTER OF STATE IN THEMINISTRY OF FINANCE
(a) to (d) No pension is admissible toContributory Provident Fund (CPF) employees ontheir retirement. However, Ex-gratia is payable toCPF beneficiaries who retired before 01.01.1986or died while in service before 01.01.1986.Presently following ex-gratia payment is admissibleto the CPF beneficiaries who had retired fromservice prior to 01.01.1986:
S.No
1
2
3
4
5
Group of Service to which CPF
retirees belonged at the time of
retirement
Group A Service
Group B Service
Group C Service
Group D Service
Widows and dependent children
of the deceased CPF
beneficiary
Enhanced amount of
basic monthly ex-gratia
Rs. 3,000/-
Rs. 1,000/-
Rs. 750/-
Rs. 650/-
Rs. 645/-
Dearness ex-gratia equal to 50% of theenhanced amount of ex-gratia and Dearness Reliefof the 5th Pay Commission, as notified from timeto time, on the sums of enhanced amounts of ex-gratia and dearness ex-gratia shall also beadmissible to them. There is no proposal toincrease the aforesaid rates.
BHARAT PENSIONER16
April 2017
SEAL
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
V. Prabhakaran, Dy Post master (HSGI), (Retd.)Thrissur ..................................................Applicant
Vs
1. Director of Accounts (Postal), Kerala Circle,Trivandrum; 2. Chief Postmaster General, KeralaCircle, Trivandrum; 3. Union of India, representedby its Secretary, Department of Pension &Pensioners’ Welfare, Loknayak Bhavan, NewDelhi...............Respondents in OA No. 180/00526/
JUDGEMENTS
Judgements
In the Supreme Court of India (Civil AppellateJurisdiction) in Review Petition (Civil) no. 465of 2017 in Civil Appeal no. 6048 of 2010(published in November, 2016 issue of BharatPensioner)
Union of India & Anr.….........................Petitioners
Vs
K. Ganesan (Dead) by LRs ......… Respondentswith Review Petition (Civil) no. 472 of 2017 in CivilAppeal no. 6371 of 2010.
Judgement delivered on : 22.03.2017
ORDER
Prayer for oral hearing in open Court is rejected.The instant petitions, which have been filed by thepetitioners for review of order dated 1.9.2016passed by this Court in the aforementioned civilappeals, are barred by limitation. The ReviewPetition (Civil) No.465 of 2017 is barred by 70 days,whereas Review Petition (C) No.472 of 2017 isbarred by 138 days. We do not find any justificationto condone the said delay. That apart, we havecarefully perused the petitions for review, the orderimpugned and the papers annexed in supportthereof. We do not find any ground thereinwarranting review of the aforementioned order.
The review petitions are, accordingly,dismissed on the ground of delay as well on merits.
(Jagdish Singh Khehar)
Chief Justice of India.
(Arun Mishra)
Justice
Letter No. F(E)I/2015/AL-28/58 dt : 16.03.2017 from
GOI, Ministry of Railways, Railway Board, New
Delhi to Genl Managers, All Indian Railways etc-
RBE No. 24.
Sub: Grant of TA/DA to retired Railway servants,
re-engaged after retirement.
Ref: Core, Allahabad’s letter No. Core/E/1/19/Engagement/Part-1 dated 09.10.2015.
A clarification had been sought by CORE,Allahabad regarding admissibility of TravellingAllowance/Daily Allowance to retired Railwayservants re-engaged after retirement when they aresent on duty outside the station/headquarter forproject / field works.
2. The matter has been considered by Board andit has been decided that the retired Railway servantsre-engaged after retirement, when they are sent onduty outside the station/headquarter, may be ,paid,in addition to their usual daily wages/remuneration,daily allowance at the rate of 60% of the applicableDaily Allowance rate (as indicated in Board’s letterNo. F(E)1/2008/AL-28/14, dated 01/12/2008, asmodified from time to time corresponding to the paydrawn/post held by the retired Railway servantimmediately prior to their retirement to meet out ofpocket expenses. Such daily allowance will requirethe approval of SAG level officer.
3. Further, this will be subject to the other terms& condition as mentioned in chapter 16 of IREC Vol.IIand will be regulated by the general/specific ordersissued in this regard from time to time.
4. These orders shall take effect from 03/03/2017.
5. This disposes off CORE Allahabad’s letter No.CORE/E/1/19/ENGAGEMENT/ PART-I dated09.10.2015.
Sonali Chaturvedi,
Dy Director Finance(Estt.), Railway Board.
BHARAT PENSIONER
April 2017
17
at which the incumbent has retired and thereforethe applicant is entitled to get revised pensiontaking into account the upgraded pre-revised payscale of Rs. 7,450-11,500/- with Grade Pay of Rs4,600/-. The relief sought by the applicant is asunder:
(i) To declare that the applicant is entitled forrevision of pension based on the pay band plusgrade pay applicable to HSG I w.e.f. 1.1.2006.
(ii) To direct the respondents to issue revisedPPO to the applicant specifying the pension on thebasis of 50% of the minimum of the pay in the payband plus grade pay of Rs. 18,460/- i.e. Rs. 9,230/- w.e.f. 1.1.2006 and also the corresponding familypension and grant all consequential benefitsincluding arrears of pension within a stipulatedperiod.
(iii) To grant such other relief or reliefs that maybe prayed for or that are found to be just and properin the nature and circumstances of the case.
(iv) To grant cost of this OA.
2. The OA was opposed by respondents 1 to 3contending that the applicant retired from servicewhen he was having a pay scale of Rs. 6,500-200-10,500/- and the VIth CPC revised pay scalecorresponding to the post from which he retiredwas Rs. 9,300-34,800/- plus Grade Pay of Rs.4,200/- and the pension payable to the applicantwith effect from 1.1.2006 is only Rs. 6,750/- i.e.50% of the sum of the minimum in the pay bandplus Grade Pay Rs. 9,300/- + Rs. 4,200/-
Respondents contend that paragraph 4.2 of theOM dated 1.9.2008 was invoked in the case of theapplicant. They further state that on theimplementation of the VIth CPC the three pre-revised pay scales of Rs. 6,500-200-10,500/-, Rs.7,450-225-11,500/- and Rs. 7,500-250-12,000/-were merged together and were replaced by therevised pay structure with Grade Pay of Rs 4,600/- in the pay band PB-2 Rs. 9,300-34,800/-. Themerger of pay scales and the resultant paystructure of Rs. 9,300-34,800/- with Grade Pay ofRs. 4,600/- is applicable only to the employees from1.11.2006 and not to the applicant. Therefore, thecorresponding revised pay for the purpose ofcalculating pension is the one corresponding to thepre-revised pay scale from which the pensionerhad retired. According to the respondents as per
JUDGEMENTS
2016 of CAT, Ernakulam Bench (Hon’ble U.Sarathchandran, Judicial Member)
Represented by:
CSG Nair, Advocate.................................Applicant
K.Kesavan Kutty, Advocate ACGSC... Respondent
Date of Judgement : 16.03.2017
ORDER
Hon’ble Mr.U.Sarathchandran,JudicialMember.
Applicant is a retired Deputy Postmaster (HSG-I) with a total service of 36 years, 9 months and 8days in the Postal Department. When he retiredon 30.9.1996 he was drawing pay in the pay scaleof Rs. 6,500-10,500/-. He was granted monthlypension of Rs. 3,912/- vide Annexure A1 PensionPayment Order with effect from 1.10.1996.Pursuant to an order of this Tribunal, the applicantwas granted promotion as LSG with effect from1.3.1983, as HSG-II with effect from 19.6.1990 andas HSG-I with effect from 19.4.1996. Thesepromotions were given with retrospective effectvide Annexure A2 memo issued from the office ofrespondent No.2. Applicant states that onimplementation of the VIth Central PayCommission (CPC) the pay scale of HSG-I wasupgraded to Rs. 7,450/- and was revised to PB-2with Grade Pay of Rs. 4,600/- as per Section II ofthe 1st schedule of CCS (Revised Pay) Rules,2008, a copy of which is marked as Annexure A3.As per the fitment table annexed to CCS (RP)Rules, 2008 the minimum pay in the pay band ofRs. 9,300-34,800/- with Grade Pay of Rs. 4,600/-is Rs.11,460/- and 50% of which is to be paid aspension i.e. Rs. 9,230/- with effect from 1.1.2006.A copy of the fitment table annexed to CCS (RP)Rules, 2008 is produced as Annexure A4. Applicantcontends that as per the different orders of thisTribunal, it has been held that the pensionersmentioned in those orders are entitled to pensionnot lower than 50% of the minimum of the pay inthe pay band plus Grade Pay corresponding to thepre-revised scale from which they retired.According to the applicant as per the decision ofthe High Court of Kerala in OP (CAT) No. 169/2015the computation of pension in the matter of VIthCPC has to be 50% of the pay scale with respectto the scale of pay applicable to the post in questionand not the corresponding scale of pay to the one
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directions of this Tribunal in the order dated4.1.2001 in OA No. 851/1998, the benefit of whichwas received by the applicant only after hissuperannuation on 30.9.1996.Therefore,undoubtedly, the revised pension of the applicanthas to be based on the pay scale of HSG-I thatwas applicable as on the date of hissuperannuation on 30.9.1996.
7. Applicant states that on implementation ofthe VIth CPC the pay scale of HSG-1 was upgradedto Rs. 7,450-10,500/- in PB-2 with a Grade Pay ofRs. 4,600/- (vide Annexure A3 RP Rules, 2008). Ithas to be noted that as per the Government of Indiaresolution dated 29.8.2008 on the recommen-dations of the VIth CPC the pension of thepensioners was fixed as 50% of the minimum ofthe pay in the pay band plus Grade Paycorresponding to the pay scale from which thepensioner has retired. Based on the Governmentof India resolution dated 29.8.2008 respondentNo.3 issued OM dated 1.9.2008. Paragraph 4.2 ofOM dated 1.9.2008 reads:
‘4.2. The fixation of pension will be subject tothe provision that the revised pension, in no case,shall be lower than fifty per cent of the minimum ofthe pay in the pay band plus the grade paycorresponding to the pre-revised pay sale fromwhich the pensioner had retired. In the case ofHAG+and above scales, this will be per cent of theminimum of the revised pay scale.’
8. As the aforequoted instructions in OM dated1.9.2008 remains intact without any executive orjudicial interference, the pension sanctioningauthorities are bound to follow the aforesaidparagraph 4.2 of the aforesaid OM while revisingthe pension of the pre-1-1-2006 pensioners. Sincepara 4.2 being the policy decision of theGovernment of India, the same has to be theguiding principle for determining the VIth CPCrevised pension of pre-1.1.2006 pensioners. In thecase of the applicant, as observed earlier the payscales from which he had retired has to bereckoned on the basis of the pay scale of HSG-Iprevailing at the time of his retirement. Referringto Annexure A4 fitment table annexed to CCS (RP)Rules, 2008 applicant points out that the VIth CPCrevised pay scale of Postmaster HSG-I is Rs.9,300-34,800/- with Grade Pay of Rs. 4,600/- with effectfrom 1.1.2006.Therefor, even though the applicant
JUDGEMENTS
OM dated 28.1.2013 pension is equivalent to the50% of the sum of the minimum pay in the payband and grade pay/minimum pay in the pay scaleas per fitment table for the corresponding pre-revised pay scale of Rs. 6,500-200-10,500/- is Rs.8,145/-. Respondents pray for rejecting the OA.
3. A rejoinder was filed by the applicant statingthat the pre-revised pay scale of Rs. 6,500-10,500/-was revised originally to Rs. 9,300-34,800/- withGrade Pay of Rs. 4,200/-. Subsequently as per OMF. No. 1/1/2008-IC,dated 13.11.2009 the GradePay was increased to Rs. 4,600/- with effect from1.1.2006. The pre-revised scales of Rs. 5,000-8,000/-, Rs. 5,500-9,000/- and Rs. 6,500-10,500/-were merged together with effect from 1.1.2006and revised to Rs. 9,300-34,800/- with Grade Payof Rs. 4,600/-and the pay scale of Rs. 7,500-12,000/- was revised to Rs. 9,300-34,800/- withGrade Pay of Rs. 4,800/- with effect from 1.1.2006.
4. MA No. 180/127/2017 filed for receiving theadditional reply statement is allowed. In theadditional reply statement respondents contendthat the post which were in the pre-revised scaleof Rs. 6,500-200-10,500/- as on 1.1.2006 wasgranted a normal replacement pay structure GradePay of Rs. 4,200/- in the pay band-2 will be grantedgrade pay of Rs. 4,600/- in the pay band PB-2corresponding to the pre-revied scale of Rs. 7,450-11,500/- with effect from 1.1.2006. As the applicantwas not in service as on 1.1.2006 the aforesaidreplacement pay structure is not applicable to him.As per paragraph 5 of OM F. No.38/37/08-P&PW(A), dated 11.2.2009, the benefit ofupgradation of posts subsequent to their retirementcould not be admissible to pre-2006 pensionersand therefore, the claim of the applicant for pensionat the rate of Rs. 9,230/- with effect from 1.1.2006is not admissible.
5. Heard Mr. C.S.G. Nair, learned counselappearing for the applicant and Mr. K. Kesavankutty, learned ACGSC appearing for therespondents. Perused the record.
6. The applicant is claiming revised pensionbased on the pay band and Grade Pay applicableto HSG-1 with effect from 1.1.2006. Annexure A2clearly shows that the applicant was granted LSGwith effect from 1.3.1983, HSG-II w.e.f. 19.6.1990and HSG with effect from 19.4.1996. All thesegrades were given to the applicant as per the
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retired from service in the pay scale of Rs. 6,500-10,500/-, as he was given the HSG-I grade afterhis retirement by virtue of a court decision, the payscale applicable to HSG-I at the time of hisretirement should be his pay pre- revised pay interms of paragraph 4.2 of OM dated 1.9.2008.Since the corresponding revised pay of DeputyPostmaster HSG-I after the VIth CPC was Rs.9,300-34,800/- with Grade Pay of Rs. 4,600/- witheffect from 1.1.2006, his pension has to be fixedas 50% of the minimum pay in the pay band of Rs.9,300-34,800/- plus Grade Pay of Rs. 4,600/- oras per the minimum pay in the pay band of Rs.9,300-34,800/- plus Grade Pay of Rs. 4,600/- asper the fitment table, which ever is more beneficialto the pensioner.
9. Therefore, this Tribunal is of the view thatapplicant is entitled to a revised pension in termsof paragraph 4.2 of OM dated 1.9.2008 or 50% ofthe minimum pay in the pay band of Rs. 9,300-34,800/- with Grade Pay of Rs. 4,600/- or as perAnnexure A4 fitment table, whichever is beneficialto the applicant. The respondents shall issuerevised Pension Payment Order in terms of whatis stated above, within a period of two months fromthe date of receipt of a copy of this order. Orderedaccordingly.
10. OA is disposed of with the above direction.No order as to costs.
(U. SARATHCHANDRAN),
JUDICIAL MEMBER
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
N.R. Sajan, MTS, INS Venduruthy, Naval Base,Kochi residing at Nikarthilthara House, Narakal PO,Ernakulam District........... Applicant (By Advocate :N.Radhakrishnan)
Vs
1.Union of India, represented by the Secretary toGovernment of India, Ministry of Defence, NewDelhi. 2. Flag Officer Commanding in Chief,Southern Naval Command, Naval Base, Kochi. 3.Chief Staff Officer (Personnel and Administration),Southern Naval Command, Kochi. 4. Secretary,Ministry of Personnel, Public Grievances andPension (Department of Personnel & Training),Government of India, North Block, New Delhi...........
JUDGEMENTS
Respondents [By Advocate: Mr. N. Anil kumar, Sr.PCGC (R)]
This application having been heard on 06.03.2017.
Date of Judgement : 16.03.2017
ORDER
Hon'ble Mr. U. Sarathchandran, Judicial Member.Applicant has approached this Tribunal beingaggrieved by not including him under the CentralCivil Services (Pension) Rules, 1972 [CCS (Pension)Rules, 1972] and by including under the NewPension Scheme (NPS) which was brought intoforce with effect from 1.1.2004.
2. He was first engaged by the respondents in1972 as a casual daily rated labour on full time basishaving been sponsored by the EmploymentExchange. Later he was granted temporary statusunder the Casual Labour (Grant of Temporary Status& Regularisation) Scheme of Government of Indiain 1993 vide Annexure A1 order. The casuallabourers under the respondents Nos. 2 & 3 whowere included in the gradation list filed OAs Nos.635/2001, 101/2005 and 446/2006 before thisTribunal praying for regularising them in Group-Dvacancies. The applicants in those cases wereregularised in Group-D posts. As the applicant andthree others were not included he filed OA No. 687of 2007 for granting the same relief to him also forregularisation. OA No. 687 of 2007 was allowed on6.6.2008 vide Annexure A2 order. In terms ofAnnexure A2 order of this Tribunal respondentsissued Annexure A3 order regularising him in Group-D post with effect from 15.9.2008. He was, therefore,included only under the NPS ignoring the fact thathe had worked in the temporary capacity prior to1.1.2004. He, therefore, seeks the relief as under:
i) To declare that the applicant is entitled to begranted pension as per the CCS (Pension) Rules,1972;
ii) To direct the respondents to reckon theapplicant as those covered under CCS (Pension)Rules, 1972 for all purposes and to compute, drawand disburse his pension and pensionary benefitsapplying the said Rules.
iii) To declare that the applicant is entitled to havehalf the period of his service as full time casuallabourers, and half the period of service astemporary status casual labourers to be reckonedas qualifying for determining their qualifying service
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for the purpose of fixation of pension and otherpensionary benefits.
iv) To direct the respondents to refund theamount recovered from the applicant towards theircontribution to the contributory fund under the NewPension Scheme.
v) Grant such other reliefs as may be prayed forand the court may deem fit to grant.
3. Respondents filed reply statement contendingthat as the applicant was regularised only on15.9.2008, he cannot claim anti-dating of hisregularisation with effect from the date prior to1.1.2004. Respondents pray for rejecting the OA.
4. A rejoinder was filed by the applicant refutingthe contentions in the reply statement and relyingon the judgment dated 27.1.2016 of High Court ofKerala in WP(C) No. 16944/2008 and also ajudgment dated 27.1.2010 of the Delhi High Courtin WP(C) No. 12690/2009.
5. Heard Mr. N. Radhakrishnan, learned counselfor the applicant and Mr. N. Anilkumar, learned Sr.PCGC (R). for the respondents. Perused the record.
6. There is no dispute for the respondents thatthe applicant after having been engaged initially ascasual labour was granted temporary status underthe DoP&T scheme vide OM No. 51016/2/90/Estt.(C), dated 10 th September, 1993. In thatscheme it was envisaged that a casual labour withtemporary status if regularised subsequently, 50%of the service rendered by him under temporarystatus would be counted for the purpose ofretirement benefits. It is also not in dispute that theapplicant is such a person who has been grantedtemporary status as per the above said 1993scheme of DoP&T. But he was not regularised as aGroup-D employee unlike his colleagues whosecured order for regularisation as Group-D filedOAs Nos.635/2001, 101/2005 and 446/2006 . Thereis no controversy he filed OA No. 687/2007 andobtained Annexure A2 order dated 6.6.2008 andthereafter he was regularised as Group-D employeewith effect from 15.9.2008. This Tribunal notes thathe was granted temporary status and was workingas such continuously without any interruption till hewas regularised on 15.9.2005 vide Annexure A3order. As per the 1993 scheme of DoP&T causallabourers granted temporary status were entitled tothe following benefits:
(i) Wages at daily rates with reference to theminimum of the pay scale for a correspondingregular Group D
(ii) Benefits of increments at the same rate asapplicable to a Group D employee would be takeninto account for calculating pro-rata wages for everyone year of service subject to performance of dutyfor at least 240 days, 206 days in administrativeoffices observing 5 days week) in the year from thedate of conferment of temporary status.
(iii) Leave entitlement will be on a pro-rata basisat the rate of one day for every 10 days of work.Casual or any other kind of leave, except maternityleave, will not be admissible. They will also beallowed to carry forward the leave at their credit ontheir regularisation. They will not be entitled to thebenefits of encashment of leave on termination ofservice for any reason or on their quitting service.
(iv) Maternity leave to lady casual labourers asadmissible to regular Group D employees will beallowed.
(v) 50% of the service rendered under temporarystatus would be counted for the purpose ofretirement benefits after their regularisation.
(vi) After rendering three years temporary status,the casual labourers would be treated on par withtemporary Group D xxxx and would also further beeligible for the grant of Festival Advance/FloodAdvance on the same conditions as are applicableto temporary Group D employees, provided theyfurnish two sureties from permanent Governmentservants of their Department.
(vii) Until they are regularized, they would beentitled to Productivity Linked Bonus/ Ad-hoc bonusonly at the rates as applicable to casual labourers.The above benefits strongly indicate that thoseemployees have at least been given the statusalmost akin to that of a regular Group-D employeeespecially in the matter of getting DA, HRA, CCA,increments, leave encashment and the facility forcarrying forward the leave at their credit onregularisation, maternity leave, etc.
7. In this context it is worth examining Rule 13CCS (Pension) Rules,1972. It reads:
‘13. Commencement of qualifying service -- Subjectto the provisions of these rules, qualifying serviceof a Government servant shall commence from the
JUDGEMENTS
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date he takes charge of the post to which he is firstappointed either substantively or in an officiating ortemporary capacity : Provided that officiating ortemporary service is followed without interruptionby substantive appointment in the same or anotherservice or post : Provided further that-
(a) in the case of a Government servant in a Group`D' service or post who held a lien or a suspendedlien on a permanent pensionable post prior to the17th April, 1950, service rendered before attainingthe age of sixteen years shall not count for anypurpose, and
(b) in the case of a Government servant not coveredby clause (a), service rendered before attaining theage of eighteen years shall not count, except forcompensation gratuity.
*(c) the provisions of clause (b) shall not beapplicable in the cases of counting of military servicefor civil pension under Rule 19 *inserted videNotification No. 28/19/2001-P&PW(B) dated 11-11-2003 published as so no. 3205 in Gazette of Indiadated 22-11-2003.' (emphasis supplied). It can beseen that the qualifying service for the purpose ofpension under the CCS (Pension) Rules,1972 isreckoned from the date the government servanttakes charge of the post to which he is first appointedin temporary capacity provided that such temporaryservice is followed without interruption bysubstantive appointment in the same or anotherservice or post. There is no quarrel for therespondents that the applicant was givenregularisation vide Annexure A3 order while he wasuninterruptedly working as casual labour withtemporary status’.
8. Learned counsel for the applicant relied onAnnexure A4 order of this Tribunal and alsoAnnexures A6 & A7 judgments of the Kerala andDelhi High Courts respectively. In Annexure A7judgment the Delhi High Court the High Courtobserved: xxxxx. If Rule 13 of the CCS (Pension)Rule, 1972 obligates commencing of qualifyingservice from the date an employee takes chargesof the post, on 29th June, 2004 on appointment aftercontinuous service on the temporary post, it willrelate back to 1997 when the temporary status wasgranted to the respondent. Though new pensionscheme was introduced from 1st January, 2004,however, Rule 13 of CCS (Pension) Rules, 1972
has not been abrogated by the new pension schemexxxx. In Annexure A6 judgment the Kerala HighCourt noted:
xxxxx 12. It is to be noted that the Tribunal has givena direction to the Department to have the temporarystatus conferred upon the applicant with effect from1.1.1993 and to give regularization, based onseniority. It will definitely give a vested right to theapplicant to get governed under the old CCS(Pension) Rules which in fact has undergone asubstantial change with effect from 1.1.2004. ThisCourt finds that the applicant having, substantiatedhis rights and liberties to get the temporary statusand regularization will stand to be loser, if the dateof granting temporary status and subsequentregularization as now ordered by the department(from 11.11.2005 and 15.9.2009 respectively) is letto stand, which requires to be corrected and rectifiedin the manner as directed by the Tribunal.'
9. It is worth noticing that the DoP&T in itsrecently issued OM No.49014/2/2014-Estt(C), dated26th February, 2016 states:
“xxxxx 6. The position has been reviewed in the lightof the Court judgements in consultation with theDepartment of Expenditure. It has now been decidedthat the casual labourers who had been grantedtemporary status under the scheme, and havecompleted 3 years of continuous service after that,are entitled to contribute to the General ProvidentFund.
xx 7. 50% of the service rendered under temporarystatus would be counted for the purpose ofretirement benefits in respect of those casuallabourers who have been regularised in terms ofpara 8 of the OM dated 10.09.1993”.
9. It is emphasised that the benefit of temporarystatus is available only to those casual labourerswho were in employment on the date of the issue ofthe OM dated 10th September, 1993 and wereotherwise eligible for it. No grant of temporary statusis permissible after that date. The employeeserroneously granted temporary status between10.09.1993 and the date of Hon'ble Supreme Courtjudgement in Union Of India And Anr vs Mohan Pal,2002 (3) SCR 613, delivered on 29 April, 2002, willhowever be deemed to have been covered underthe scheme of 10.09.93. Even though theaforequoted OM issued by the DoP&T on 26.2.2016
JUDGEMENTS
BHARAT PENSIONER22
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CENTRAL ADMINISTRATIVE TRIBUNAL
Principal Bench
All India BSNL Pensioners Welfare Assn (thruChhidu Singh, Dy GS) and 11 others....Applicants
Vs
1. UOI, Secretary, Telecom, New Delhi ; 2. CMD,BSNL, New Delhi; 3. Secretary, DOP&PW; 4.Secretary Deptt of Expenditure; and 5. SecretaryDeptt of Public Enterprises...............Respondents
In OA 2173/2014, MA 1824/2014
Judgement delivered on 16-12-2016
Mr. P.K. Basu, Member (A)
On the creation of Bharat Sanchar Nigam Limited
does not speak in so many words as to whether thecasual labourers who were granted temporary statusas per the 1993 OM on regularisation gets the rightto be included in the CCS (Pension) Rules, 1972, itdefinitely acknowledges that such persons areentitled to contribute to the General Provident Fundwhich was a concomitant of the CCS (Pension)Rules, 1972.
10. Nevertheless, the position emerges from theaforecited judicial decisions is that the temporarystatus enjoyed by the casual labourers as per the1993 scheme anterior to their regularisation inGroup-D makes them eligible for the benefits of CCS(Pension) Rules, 1972 if such temporary statuscontinued on the day when the NPS came intovogue. Therefore, the stand taken by therespondents that the applicant having beenappointed as Group-D employee only after 1.1.2004is not entitled to the benefits of CCS (Pension) Rules,1972 is unsustainable.
11. In the result, the Original Application isallowed to the extent directing the Respondents toinclude the applicant in the CCS (Pension) Rules,1972, to permit him to subscribe to the GeneralProvident Fund and also to stop recoveringcontributions under the NPS. If any amount has beendeducted from his salary towards the NPS the sameshall be refunded to him. The above exercise shallbe completed within two months from the date ofreceipt of a copy of this order. No order as to costs.
(U. SARATHCHANDRAN)
JUDICIAL MEMBER
(BSNL) with effect from 1.10.2000, the applicantswere en-masse transferred and absorbed in BSNL.It is stated in the OA that there are about 4230affected pensioners and the OA has been filed inrepresentative capacity. The Department ofPension and Pensioners Welfare, Ministry ofPersonnel, Public Grievances and Pensions(Respondent no.3) issued OM dated 27.10.1997on revision of provisions regulating pension/commutation of pension after the V CPC report,which provided that pension shall continue to becalculated at 50% of average emoluments in allcases and shall be subject to a minimum ofRs.1,275/- and maximum upto 50% of the highestpay in the Government. It further provided thatthose Government servants who have opted forrevised scales of pay and retire within ten monthsfrom the coming into force of the revised scales ofpay, basic pay for ten months preceding retirementshall be calculated as under:
“(i) For the period during which pay is drawn in thepre revised scale- Basic pay plus DA and InterimRelief I and II appropriate to the basic pay at therates in force on 01.01.1996 drawn during therelevant period and;
(ii) For the period during which pay is drawn inrevised scale -- Basic pay in the revised scale.”
2. The above OM was further revised by wayof OM dated 17.12.1998, wherein it was specifiedthat the pension shall not be less than 50% of theminimum pay in the revised scale.
3. Again vide OM dated 18.10.1999, therespondents modified the aforementioned OMdated 27.10.1997 and provided that the averageemoluments for employees like the Applicants whoretire within ten months of coming over to therevised scales shall be calculated as under:
“The average emoluments based on the basic payof the preceding ten months of those GovernmentServants who had opted to come over to therevised scales of pay and had retired within a periodof 10 months reckoned from January 1, 1996 shallbe calculated as follows for the purpose ofdetermining their pension entitlement.”
(A) For the period during which pay was drawn inthe pre-revised pay scales.
The total emoluments for the number of monthsfor which pay was drawn in the pre-revised pay
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scales shall be calculated after taking into accountthe following:
i. Basic Pay (including increments if any drawnduring the intervening period).
ii. Dearness allowance up to CPI 1510. i.e. @148%, 111% and 96% of the basic pay as thecase may be.
iii. The first and second installments of InterimRelief appropriate to the Basic Pay drawnduring the relevant period.
iv. Notional increase of the Basic Pay by applyingthe Fitment Benefit of 40 percent on the BasicPay in the pre-revised pay scale.
(B) For the period during which pay was drawn inthe revised pay scales:
The aggregate of the Basic Pay for the numberof months for which pay was drawn in the revisedpay scales. The average emoluments of thepreceding ten months will thereafter be calculatedby adding (A) and (B) and dividing the result by10. Pension admissible will consequently be 50%of the average emoluments so calculated. Theobject behind this modification was to eliminate theanomaly in pension drawn by those retiring withinten months of coming over to the revised pay scaleduring the period from 1st January to 30thSeptember, 1996 and those who retired aftercompletion of ten months period with effect from1.01.1996.
4. At the time, the government employees weretransferred to BSNL, it was agreed to extend theretirement benefits on combined service inaccordance with CCS (Pension) Rules 1972.
The Government of India agreed to paypension/ family pension from the consolidatedfunds. Accordingly Rule 37A was incorporated inCCS (Pension) Rules 1972 which was publishedin Government Gazettee on 30.09.2000. The Rule37-A of CCS (Pension) Rules, 1972 (hereinafterreferred to as ‘The Rules’), provided the conditionsfor payment of Pension on absorption consequentupon conversion of a Government Department intoa Central Autonomous Body or a Public SectorUndertaking. The relevant portion of the Rule is asunder:
“(4) The permanent absorption of the Governmentservants as employees of the Public Sector
Undertaking or Autonomous Body shall take effectfrom the date on which their options are acceptedby the Government and on and from the date ofsuch acceptance, such employees shall cease tobe Government servants and they shall be deemedto have retired from Government service.
xxxx xxxx xxxx xxxx
(7) The employees including quasi-permanent andtemporary employees but excluding casuallabourers, who opt for permanent absorption in thePublic Sector Undertaking or Autonomous Body,shall on and from date of Absorption, be governedby the rules and regulations or bye-laws of thePublic Sector Undertaking or Autonomous Body,as the case may be.
(8) A permanent Government servant who hasbeen absorbed as an employee of a Public SectorUndertaking or Autonomous Body shall be eligiblefor pensionary benefits on the basis of combinedservice rendered by him in the Government and inthe Public Sector Undertaking or Autonomous Bodyin accordance with the formula for calculation ofpension/family pension under these rules as maybe in force at the time of his retirement from thePublic Sector Undertaking or Autonomous Body,as the case may be
“EXPLANATION – The amount of pension or familypension in respect of the absorbed employee onretirement from the Public Sector Undertaking oron death shall be calculated in the same way ascalculated in the case of a Central Governmentservant retiring or dying, on the same day.”
(9) The pension of an employee under sub-rule(8) shall be calculated on the basis of his last tenmonths average pay.
(10) In addition to pension or family pension, asthe case may be the employees shall also beeligible to Dearness relief as per industrialDearness Allowance pattern.
xxxx xxxx xxxx xxxx
(21) Nothing contained in sub-rule (12) to (20) shallapply in the case of conversion of the Departmentsof Telecom Services and Telecom Operations intoBharat Sanchar Nigam Limited in which case thepensioner benefits including family pension shallbe paid by the government.
(22) For the purpose of payment of pensionary
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1.10.2000 in the IDA pay scales would be fixed atthe stage corresponding to the stage which theyhad reached under CDA Pay Scale on 30.09.2000i.e. pay-fixation will be on point to point basis. Para2.1(b) provide that “Net minimum increase ofRs.1500/- per month (Basic Pay + DA takentogether) will be allowed to each employee. In casewhere the minimum benefit falls short of Rs.1500/-p.m., it will be enhanced to Rs.1500/-p.m.” All otherdetails for change over from CDA to IDA pay scaleswith dearness allowance in IDA pattern andpayment of arrears of pay and allowances witheffect from 1.10.2000 were mentioned in the saidorder.
8. It is pertinent to point out that on 20.12.2002a clarification was issued by respondent no.3 inrespect of Sub Rules 8, 9, and 10 of Rule 37A ofthe Rules, which clearly provided that for thepurposes of calculating the average emolumentsfor determining the pension the same shall be doneon the IDA pattern of scale with dearness relief inIDA pattern.
9. It is the case of the applicants that theRespondent no.1 issued a clarificatory O.M. dated15.01.2003 for calculation of average emolumentsin respect of payment of pension to its retiredemployees absorbed in BSNL, without consultationwith Respondent No.3 and provides that pensionshall be calculated on the basis of average pay ofthe last ten months irrespective of the fact whetherthe same or part thereof is in CDA/IDA pattern,while Dearness Relief will be calculated on IDApattern, thereby causing loss in the pension at thetime of change over from CDA pay scales to IDApay scales for those who retired during the 9months period from 1.10.2000 to 30.06.2001 aftertheir absorption in BSNL with effect from 1.10.2000.It is alleged that the Respondent No.1 has issuedthe impugned O.M. dated 15.01.2003 in spite ofrelevant provisions of Rule 37A of CCS (Pension)Rules and clarifications issued on 2.01.2001mentioned in all the Presidential orders issued byRespondent No.1 and also the clarifications issuedon 19.02.2001.
10. The Respondent No.2 issued letter dated2.09.2003 to all CGMs, BSNL and Senior Officerin DOT/BSNL Corporate Office for calling of optionfor absorption from Group ‘B’ Officers/officiatingGroup ‘A’ officers who were transferred to BSNL
benefits including family pension referred to in sub-rule (21), the Government shall specify thearrangements and manner including the rate ofpensionary contributions to be made by BharatSanchar Nigam Limited to the Government and themanner in which financial liabilities on this accountshall be met.”
5.The above provides that all those governmentservants who are permanently absorbed in PSUor Autonomous Body will be entitled to pension inthe same manner as is calculated for CentralGovernment employees.
6. To eliminate any doubts on New PensionRules, Shri O.P. Gupta, Secretary General, NFTE,New Delhi sought clarifications from RespondentNo.1 on certain provisions of Rule 37-A includingClause ‘8’ and ‘9’ of the said Rules for calculationof pensionary benefits after absorption in BSNLwith effect from 1.10.2000. The clarifications wereissued vide DOT No.33-14/2000/SR dated19.02.2001 with the approval of Chairman(Telecom Commission) stating that “the wordformula in clause ‘8’ of rule 37-A means paymentof pension as per Government rules in force at therelevant time” and further stating that “for thepurpose of reckoning emoluments for calculationof pension and pensionary benefits, theemoluments as defined in CCS (Pension) Rules,in PSU in the IDA pay scales shall be treated asemoluments.
7. The applicants and all other employees wereon deemed deputation to BSNL with effect from1.10.2000 and were paid pensionary benefits bythe Respondent No.1 in CDA scales of pay asapplicable for the Central Government Employees,as and when they retired till the IDA scales of paywere introduced subsequently with retrospectiveeffect from 1.10.2000. The Respondent No.2issued office order dated 7.08.2002 for introductionof IDA pay scales in replacement of CDA payscales for Non-Executive staff (Group ‘Ç’ and ‘D’)absorbed from DOT/DTS/DTO in BSNL with effectfrom 1.10.2000. The order was issued in pursuanceof Agreement dated April 26, 2002 signed with newApplicant Unions and the approval of BSNL Boardof Directors and the approval of Department ofTelecommunications vide their letter dated7.08.2002. Para 2.1 (a) of the said order providedthat the basic pay of the non-executives as on
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on deemed deputation with effect from 1.10.2000.In this letter, certain clarifications were given inAnnexure-1 to the earlier letter dated 14.01.2002on the guidelines and terms and conditions forpermanent absorption of Group ‘B’/officiatingGroup ‘A’ officers in BSNL. The IDA pay scales,fitness formula and the promotional avenues weregiven in Annexure II, III & IV respectively. TheGroup ‘B’/officiating Group ‘A’ officers were paidan adhoc sum of Rs.2000/- per month by BSNL tilltheir absorption and fixation of pay in IDA scaleswas implemented. The detailed guidelines forchange over from CDA pay scales to IDA payscales after absorption in BSNL with effect from1.10.2000 were given in the letter dated 2.09.2003.The Respondent No.2 vide letter dated 4.09.2003and Respondent No.1 vide letter dated 12.09.2003intimated last date of 20.10.2003 for submitting theoptions.
11. The Respondent No.2 issued office orderdated 18.03.2004 for introduction of IDA PayScales in replacement of existing CDA Pay Scalesfor Executive Staff (Group ‘B’) absorbed from DOT/DTS/DTO in BSNL with effect from 1.10.2000. It isstated that the pay of the absorbed executives willbe fixed in the respective replacement/corresponding IDA pay scales after issue ofPresidential Order for absorption in BSNL in themanner described in this order. In para 2.1, it isstated that in respect of the DOT/DTS/DTO Group‘B’ and ‘A’ Officers on absorption in BSNL witheffect from 1.10.2000, the basic pay of theexecutives as on 1.10.2000 in the IDA pay scaleswould be fixed at the stage corresponding to thestage which they had reached under CDA payscale on 30.09.2000 i.e. pay fixation will be on pointto point basis. In cases where the minimum benefit(pay + DA taken together) on absorption in BSNLon 1.10.2000, falls short of Rs.2500/- per month, itwill be enhanced to Rs.2500/- per month. However,as per actual calculation, the net benefit in IDApay + IDA DA is more than Rs.2500/- per monthfor most of the scales for Executive staff. Therelevant paragraph No.10 regarding pension readsas under:
“The DOT/DTS/DTO executives absorbed in BSNLwill be eligible to pension from the CentralGovernment as per provisions of Rule 37-A ofPension Rules, as notified vide Ministry of
Personnel, Public Grievances and PensionersWelfare No.4/61/99-P&PW(D) dated the 30thSeptember 2000 (Note: Sub Rule (8), (9), (10), (21),(22) and (23) thereof and clarifications issued videDOT No.33- 14/2000/SR dated 19.02.2001 statingthat “for the purpose of reckoning emoluments forcalculation of pension and pensionary benefits, theemoluments as defined in CCS (Pension) Rules,in PSU in the IDA pay scales shall be treated asemoluments”.
12. Respondent No.4 issued an OM dated1.03.2004 providing for merger of 50% DA/DR withbasic pay/pension with effect from 1.04.2004. Inpara 3 of the order, it has been provided that “Toensure that pensioners retiring between 1.4.2004to31.1.2005 do not face any loss in fixation ofpension, as a special dispensation in their case,DA equal to 50% of the basic pay would be treatedas basic pay for purpose of computation of pensionin respect of basic pay received by them priorto1.4.2004.”
13. Learned counsel also pointed out that theemployees of the Food Corporation of India (FCI),in similar situation were being paid pension inaccordance with the formula as is applicable tocentral government employees. The relevantportion is as under:
“(A) For the period during which pay was drawn inthe pre revised pay scales:
The total emoluments for the number of monthsfor which pay was drawn in the pre-revised payscales shall be calculated after taking into accountthe following:
i. Basic Pay (including increments, if any drawnduring the intervening period).
ii. Actual Variable Dearness Allowance (VDA) upto AICPI 1708.
iii. Notional increase of the Basic Pay by applyingthe Fitment Benefit of 20 percent on the BasicPay in the pre-revised pay scale.
(B) For the period during which pay was drawn inthe revised pay scales:
The aggregate of the Basic pay for the number ofmonths for which pay was drawn in the revisedpay scales.
The average emoluments of the preceding tenmonths will thereafter be calculated by adding (A)
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(i) For the period during which pay is drawn inrevised Pay Structure Pay drawn in the prescribedpay band plus the applicable grade pay or the payin the pay scale in the case of HAG + and above.
(ii) For the remaining period during which pay isdrawn in pre-revised scale of pay
(a) Basic Pay plus dearness pay and actual D.A.appropriate to the basic pay at the rates in forceon 1.01.2006 drawn during the relevant period.
(b) Notional increase of the basic pay by applyingthe fitment benefit of 40% on the basic pay in thepre-revised pay scale.”
16. In view of the fact that notional benefit torevise the pay drawn in CDA scales before1.10.2000 at par with the pay drawn in IDA scalesafter 1.10.2000 during the 10 months period beforeretirement in BSNL was not being extended toapplicants as was being done to retirees inGovernment and other similarly placed as theApplicants, the applicants represented against themanner of calculation of pension in respect to them.
17. In the meantime, the Respondent No.1 videO.M. dated 15.03.2011 issued order for revisionof pension/family pension in respect of all pre-2007pensioners/family pensioners who retired duringthe period from 1.10.2000 to 31.12.2006 in IDAscales, pursuant to wage revision in BSNL witheffect from 1.01.2007.The pension of all theapplicants was also revised in the IDA scales witheffect from 1.01.2007. The applicants grievance isthat again they got less pension with effect from1.01.2007 as compared to those who had retiredon or after 31.07.2001 after completion of tenmonths period at the time of change over from CDAscales to IDA scales after absorption in BSNL witheffect from 1.10.2000. It is prayed that the pensionof the applicants has to be revised again at allstages after rectification of the anomaly in fixationof pension from the date of their retirement afterabsorption in BSNL with effect from 1.10.2000. Theorders for revision of pension as per the aboveOM dated 15.03.2011were issued for all theapplicants with effect from 1.01.2007.
18. Since there were many representations andapparent anomaly in the pension being paid to theapplicants, the matter was examined byRespondents No.1 and 2 in consultation withRespondent No.3. The Respondent No.1 vide letter
and (B) and dividing the result by 10. Pensionadmissible will consequently be 50%of the averageemoluments so calculated xxxxxx ”
14. The respondent no.3 on 25.10.2007 issueda Gazette Notification substituting sub-rule (8) ofRule 37A of CCS (Pension) Rules 1972, whichtakes effect from 30.09.2000, as under:
xxxx “(8) A permanent Government servant whohas been absorbed as an employee of a publicsector undertaking or autonomous body shall beeligible for pensionary benefits on the basis ofcombined service rendered by him in theGovernment and in the public sector undertakingor autonomous body in accordance with theformula for calculation of pension/family pensionunder these rules as may be in force at the time ofhis retirement from the public sector undertakingor autonomous body, as the case may be or at hisoption to receive pro-rata retirement benefits forthe service rendered under the CentralGovernment in accordance with the orders issuedby the Central Government.
EXPLANATION – The amount of pension/familypension of the absorbed employee onsuperannuation from Public Sector undertaking/Autonomous Body shall be calculated in the sameway as would be the case with a CentralGovernment servant, retiring on superannuationon the same day.”
15. In implementation of Government’s decisionon the recommendation of the Sixth Central PayCommission, OM dated2.09.2008 was issued onrevision of provisions regulating pension/ gratuity/commutation of pension/ family pension/disabilitypension/ex-gratia lump-sum compensation, whichwas further amended vide OM dated 3.10.2008 forthose Government servants who retired within 10months from the date of coming over to the revisedPay Structure after 1.01.2006.
“For the purpose of computing averageemoluments in the case of Government servantswho have opted for fixation of pay in the revisedPay Structure and retire within 10months from thedate of coming over to the revised Pay Structurebasic pay for 10 months period proceedingretirement shall be calculated by taking intoaccount pay as follows :
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dated 27.09.2011 advised the Respondent No.2that the pension cases of the employeesabsorbed in BSNL, who retired within ten monthsfrom 1.10.2000 i.e. the date of their absorption inBSNL, may be settled by granting them the benefitof minimum pension at not less than 50% of theminimum of pay in the revised scale of pay held bythem at the time of retirement, if it is beneficial tothem.
19. The applicants filed representation forrederessal of their grievance. Ultimately,respondent no.1 issued OM dated15.01.2003clarifying that for the purpose of calculation ofpension, average of last ten months pay is to betaken irrespective of whether the pay in all tenmonths or part thereof is in IDA/CDA pay scale.Being aggrieved by this order, the applicants havefiled the instant OA seeking the following reliefs:
a) Quash the impugned order dated 15.01.2003and/or
b) Direct the respondents to re-fix pension fromthe date of retirement by calculating the pensionin the same manner as is calculated for centralGovernment Employees/ Public SectorUndertaking like Food Corporation of India byadopting the formula as contained in OM dated18.10.1999 and give notional benefit of the IDApay scales and thereafter grant all consequentialbenefits from the date of retirement in accordancewith law.
20. Learned counsel for the applicants placedbefore us following grounds for grant of prayersmade:
(i) The actions of the respondents and theimpugned order are contrary to the OM dated18.10.1999,which was specifically to deal with suchkind of a situation, where there was anomaly inpension of those retiring within ten months ofcoming over to the revised pay scale with effectfrom 1.01.1996 and those retiring prior thereto. TheGovernment with the objective to remove thisanomaly evolved a formula as contained therein,which ought to be implemented to the case of theapplicants also.
(ii) The actions of the Respondents are totallycontrary to the OM dated 20.12.2002, wherein it iscategorically provided that the averageemoluments have to be calculated on the basis of
the IDA pattern. This means that the benefit ofnotional fixation of pay in the IDA pattern is to befollowed for the purpose of calculation of pensionalong with the DR on the IDA scale.
(iii) Even the FCI had adopted a similar formula forcalculating the pension as is applicable toGovernment Employees retiring within ten monthsof coming over to the revised scale in order toremove any anomaly in calculation of pension.
(iv) The actions of the respondents are contrary tothe judgment of the Hon’ble Apex Court in thematter of D.S. Nakara and Ors. Vs. Union ofIndia,1983 SCC (L&S) 145, which provided forequality of treatment in matters of payment ofpension. However, by the actions of theRespondents the applicants have arbitrarily andillegally been classified as a separate class todiscriminate as a different category of employeeswhose 10 months period of calculating pension fallspartly in the CDA Scale and partly in IDA patternand deny the vested right of being treated equallywith other retirees of BSNL and retirees either ofCentral Government or PSU/Autonomous bodies.
(v) The actions of the Respondents are violative ofthe fundamental rights of the applicants asenshrined under Article 14, 16 of the Constitutionof India, besides being contrary to the law laid downby the Hon’ble Apex Court in the matter of Unionof India (UOI) and Anr. Vs SPS Vains (Retd.) andOrs. 2008 (12) SCALE 360, wherein it wasobserved and held as under:
xxx “26. The question regarding creation of differentclasses within the same cadre on the basis of thedoctrine of intelligible differentia having nexus withthe object to be achieved, has fallen forconsideration at various intervals for the HighCourts as well as this Court, over the years. Thesaid question was taken up by a Constitution Benchin the case of D.S. Nakara (supra) where in nouncertain terms throughout the judgment it hasbeen repeatedly observed that the date ofretirement of an employee cannot form a validcriterion for classification, for if that is the criterionthose who retired by the end of the month will forma class by themselves. In the context of that case,which is similar to that of the instant case, it washeld that Article 14 of the Constitution had beenwholly violated, in as much as, the Pension Rules
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emoluments for the purpose of pension shall becalculated on the basis of emoluments drawn inthe IDA pay scales. It was also categorically statedthat such employees shall not be entitled to thepayment of DR on pension at Central Governmentrates.”
xxx“45. In the facts and circumstances of the case,we are of the opinion that the clarification given bythe Government of India in its O.M. dated22.11.1996 (Annexure P-14)is clear andunambiguous terms stated that the employees ofVSNL were drawing the IDA pay scales with theADR under the IDA pay scales were entitled topensionary benefits only on the basis of IDA payscales as IDA pay scales with IDA pattern of DRwas already taken into account for pension andother benefits at the time of retirement of suchemployees of VSNL. It appears from the variouscommunications exchanged between theGovernment of India and VSNL referred to earlierthat due to some error or bona fide mistake, VSNLmade wrong payments of DA to the respondentretirees calculated on the IDA pay scales and suchemployees were getting double benefits of DR.Employees who were getting IDA pay scales withIDA pattern of DR could not draw pensioncalculated on IDA emoluments with CDA patternof DR.”
(xii) Another Corporation namely FCI also revisedthe IDA pay scales for its employees with effectfrom 1.01.1997 vide letter dated 31.05.2005. Therelevant para of this letter are quoted below:
“4. The Deptt. of P&PW have also issued generalguidelines for pension and related benefits of theIDA retirees of the Central PSUs vide theirO.M.No.4/14/2001-P&PW(D) dated 19.09.2003.According to these guidelines, the IDA pay scalesare required to be brought notionally to theequivalent CDA pay scales. The pension and otherrelated benefits will then be calculated on thenotional pay in the CDA pay scales. In addition,the IDA retirees will be entitled to DR on CDApattern. Subsequently, the DP&PW advised that itwould not be advisable to work out the modalitiespending receipt of judgment of the Supreme Courtof India as finalization of modalities when the matterincluding point of sanction of Dearness Relief issubjudice.
being statutory in character, the amended Rules,specifying a cut-off date resulted in differential anddiscriminatory treatment of equals in the matter ofcommutation of pension. It was further observedthat it would have a traumatic effect on those whoretired just before that date. The division whichclassified pensioners into two classes was held tobe artificial and arbitrary and not based on anyrational principle and whatever principle, if therewas any, had not only no nexus to the objectssought to be achieved by amending the PensionRules, but was counterproductive and ran counterto the very object of the pension scheme. It wasultimately held that the classification did not satisfythe test of Article14 of the Constitution.”
(vi) The actions of the respondent are evidentlycontrary to the OM dated 20.12.2002, which clearlyprovides that average emoluments shall becalculated on the IDA pattern alone without anymention even remotely of a mix of CDA and IDAscales.
(vii) The actions of the respondents are contraryto BSNL letter dated 2.01.2001 and DOT letterdated19.02.2001.
(viii) The actions of the respondents are alsocontrary to BSNL office order dated 7.08.2002 and18.03.2004.
(ix) The impugned order is only an executiveinstruction issued illegally and is in utter violationof provisions of Rule 37-A of CCS (Pension) Rules.It is settled law that executive instruction cannotover rule the statutory rules.
(x) The actions of respondents are contrary to OMdated 25.10.2007, which provides that calculationof pension for applicants shall be in the samemanner as per Central Government Employees.
(xi) The ratio of judgment of the Hon’ble SupremeCourt in the matter of Videsh Sanchar NigamLimited Vs. Ajit Kumar Kar, (2008) 11 SCC 591is squarely applicable to the present case, whereinit has specifically been held as under:
xxx“40. Note 10 below Rule 33, CCS (Pension)Rules, as extracted in the earlier part of thisjudgment was also made. As per this OfficeMemorandum, earlier clarification has beenrepeated and reasserted that in the case oftransferred employees of VSNL who were drawingIDA pay scales prior to their retirement, the
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5. The Ministry of Law and Justice was consultedand they advised that there may not be any legalobjection in resuming payment of Dearness Reliefon IDA basis which was being paid before thedispute arose. They, however, advised against theproposal for revision of pension/ family pension ofthe IDA retirees of the FCI based on the revisedIDA pay scales w.e.f. 1.01.1997 till the disposal ofthe SLP by the Supreme Court.”
21. Learned counsel for the respondents, firstof all, raised the preliminary objection that this OAhas been filed with considerable delay in May 2014.Learned counsel for the applicants countered thiswith the argument that this is continuous cause ofaction as it relates to pension/ family pension.Therefore, limitation will not apply in view of thejudgment of the Hon’ble Supreme Court in M.R.Gupta Vs. UOI & ors., 1995 (5) SCC 628.
22. Learned counsel for the respondentsbasically contends that the pension of theapplicants has to be governed by subrule 9 of Rule37-A of CCS (Pension) Rules and according to that,last ten months average pay has to be taken wherea part of the pay was in CDA pattern and for partperiod, it was in IDA pattern. It is stated that theapplicants had opted for IDA pattern as these werebetter pay scales and they had the option to revertback to government, which they did not and nowthey cannot challenge the order dated 15.01.2003,firstly on the ground of delay and secondly becauseit is as per Rule 37-A and sub-rule 9 of CCS(Pension) Rules.
23. We have heard the learned counsel for theparties, gone through the pleadings available onrecord and perused the judgments cited.
24. In D.S. Nakara (supra), the Hon’bleSupreme Court has settled the basic principle thatthe government cannot distinguish between thesame class of pensioners by introducing a cut-offdate. It is for this reason that the formula devisedby the government and as communicated in theOMs of 27.10.1997 and 17.12.1998 was accordingto this principle. So by creating an artificialdistinction between those who retired between1.10.2000 and 31.07.2001 and others, therespondents have clearly not only gone againstthe decision in D.S. Nakara (supra) but also againsttheir own circulars. Sub-rule 8 of Rule 37 (A) also
states that pensionary benefits will be counted onthe basis of combined service in accordance withthe formula for calculation of such pensionarybenefits as may be in force at the time of hisretirement in the same manner as is calculated forGovernment servants. In view of M.R. Gupta(supra) limitation would not apply.
25. There is, therefore, no ground whatsoeverfor the respondents to deny the benefit of formulaadopted in OM dated18.10.1999. The impugnedorder dated 15.01.2003 is thus quashed withdirection to the respondents to refix pension of theapplicants from the date of their retirement in thesame manner as calculated for CentralGovernment employees/ Public SectorUndertaking like FCI by adopting the formula ascontained in OM dated 18.10.1999 and givenotional benefit of the IDA pay scales and,thereafter, grant all consequential benefits from thedate of retirement in accordance with law. We fix atime frame of 90days from the receipt of a certifiedcopy of this order for implementation of ourdirections. No costs.
(P.K. Basu ) ( Justice M.S. Sullar )
Member (A) Member (J)
[Source - website : www.bsnlpensioner.in/uploads/admin//anomaly-judgement-w.docx]
JUDGEMENTS
Monday 1st April
NEW DELHI: The government will providemedical services to all retired pensioners underthe employees' state insurance corporation(ESIC) which currently provides such facilitiesto only existing workers and their families inthe organised sector.The decision, announcedby Union labour minister Bandaru Dattatreyaduring his intervention in the Lok Sabha onFriday , will benefit 58 lakh pensioners acrossthe country .
Dattatreya said, "We are also providingmedical services to the retired pensioners...58 lakh of them will be benefited."
Source:-The Economic Times
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M4654 I K Batra Hyderabad 03/18
M8029 S P Kohli Delhi 03/18
A0349 Gambhir Singh Parmar Bhavnagar 04/18
A1465 S Vellaiyan (W)Tambaram 03/18
A3573 Hanif Ahmad Bhopal 02/18
A2757 R C Chaturvedi Mumbai 02/18
A3101 M V Murty Chhindwara 02/18
Biennial
L2564 S Hemawathi Coimbatore 05/19
A1001 C B L Srivastava Allahabad 08/18
L9201 B D Baweja New Delhi 01/19
M8651 Mohinder Singh Sethi New Delhi 03/19
A3226 S Subramanian Bangalore 05/19
A0331 Baldev Singh Noida 03/18
A2937 Rajinder Singh Jaswal Bhatinda 08/19
A3033 S P Sharma Gwalior 10/18
A1534 Partap Singh Amritsar 04/19
A2242 K Elumalai Chennai 04/19
M8345 L A Ramaiah Vizianagaram 03/
20
Triennial
A0334 R P Chugh Faridabad 02/21
A1903 Satish R Kate Mumbai 12/19
A1201 K P Sharma Amritsar 02/20
A3201 B Raja Rao Bangalore 03/20
L9150 Gurdip Singh Khinda Gurgaon 03/20
A1076 E Kumaresan Chennai 02/20
A3644 Subas Chandra Lucknow 05/20
L2984 J S Chauhan Lucknow 03/20
L9161 P K Sen Chaibasa 02/20
A0900 N P Singh New Delhi 02/20
M5157 A K Biswas Bhatpara 03/20
A3130 Ram Krishna Mittal Delhi 02/20
A1230 Raj Pal Sharma New Delhi 03/20
THANKS!
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AHMEDABAD (GUJ): BDPA (India) — 41stGet-to-Gather held on 24-02-2017 at Ahmedabad,attended by over 300 members, was chaired byits prez Anil N Patel. Function commenced withprayer recitation on “Shavratri” by Smt SarojbenKadia,a family pensioner, followed by observingtwo minutes silence in memory of those members/family members and reputed personalities whohave left for their heavenly abode during the quarterunder reference.Family pensioner Smt PannabenChandrakantbhai Thakkar a regular donors,alongwith H J Bhatt SDE(Retd), ATD, Ahmedabadwere honoured - former for her gracious donationto hold 41st Get-to-Gather and latter for blooddonation 41 times coinciding with with 41st Get-to-Gather. Prez gave a short flash back on themultifarious activities of BDPA(India) and desiredmembers to donate generously.Presidentapplauded the efforts put in by genl secy D D Mistryin the issue of last quarterly magazine preparedon line from his residence without any visit toprinting press on account of his wife being criticallysick and making arrangements for his daughter’smarriage - a reflection of loyalty and sincerety tothe association. Anchor of the day A A Patelstressed on the need for Association’s own buildingrequiring huge funds. Efforts put in by AmratbhaiPatel in the settlement of medical claims ofpensioners and drive to enroll new members werehighly appreciated. Advocate Shaileshbhai Shahbriefed the house on the need, usage andimportance of WILL. Genl secy spoke on the
AAP AUR HUM
M0726 A D Silva Kota 04/20
M6235 H K Agarwal Vadodara 11/21
LAI9600 V L N Sastry S’Bad 02/20
A3459 M Ravindranath S’Bad 11/19
A3460 N Krishna Rao S’Bad 11/19
A3335 T R Sharma Kangra 08/22
L9385 P S Sethi New Delhi 02/20
BPS thanks following for their generous donations.
A3824 Ghansyam Dass Birla Delhi 200/-
A3565 N S Ninawe Bhandara 200/-
M6624 J T Dhamecha Rajkot 50/-
M7560 M L Sharma Dehradun 300/-
L9416 D S Pacheco Silvassa 600/-
L9998 K G S Subramanian Chennai 2000/-
M8440 H N Patil Jalgaon 200/-
L9473 M K Wagh Mumbai 1000/-
L2456 A K Ghosh C’Nagar 12000/
M5442 BPS Bhilwara 7000/-
A2937 Rajinder Singh Jaswal Bhatinda 500/-
A3644 Subas Chandra Lucknow 1000/-
L2984 J S Chauhan Lucknow 5000/-
L9814 D G Inamdar Bijapur 500/-
M4444 C G Pensioners Assn Shimla 10000/
- A2396 B M Shotriya Indore 200/-
M7549 E H Parmar Rajkot 100/-
M8061 D V Sharma Meerut 500/-
L9475 K N Kurup Mumbai 1000/-
L9566 V S Somakumaran Trivandrum 1000/-
A2712 N Srinivasan Bangalore 500/-
L9339 K N Vasudeva Delhi 800/-
M0726 A D Silva Kota 100/-
2053 G. Jogarao S’Bad 2000/-
L10022 Sukhdev Lal Ludhiana 244/-
M1302 P & T Pensioners Assn Silchar 200/-
A1647 S I Rly Penrs Assn Chennai 500/-
L9169 S K Vohra New Delhi 200/-
A2765 Pensioner Samaj Delhi 2500/-
A1152 A S Gupta Delhi 10000/
- L2955 R V Lalmawia Aizwal 4000/-
L9539 Pakhar Ram Bhatinda 300/-
L9600 V L N Sastry S’Bad 200/-
M4670 G & S G Rtd E Assn Rabkhavi 200/-
M6668 Rtd C G E & F Orgn Dankuni 2500/-
L2885 K D Jagwani Delhi 1500/-
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postal authorities.Tea, drinks, snacks andlunch,sponsored by members of Ludhiana region,were served. Cultural performances by memberswere highly appreciated. Meeting concluded byvote of thanks preceded by thanks to all by theprez.
GAYA (BIHAR): All India P&T And Other C
G Penrs’ assn — In the bi-monthly meeting heldon 05-03-2017 resolved on issues relating to non-implementation of option 1; FMA be facilitated withissue of Medical I/Card for indoor treatment withstamping “ Not valid for OPD” including P & Tpensioners; and next Bi-ennial conference on 16-04-2017 at Gaya.
JALANDHAR (PB): Akashwani &
Doordarshan Penrs’ assn — held function onPensioner’s day, the December 17, 2016 andprepared Charter of Demands. Its copies, apartfrom BPS, have been sent to GOI - Ministry ofPersonnel, Public Grievances & Pensions; Ministryof Heath & Family Welfare; and Ministry of SocialJustice & Empowerement. Most of the demandsare common to central govt pensioners and relateto - full parity in pensions to pre-2006 retirees;increase in CMF; improved medi-care; enhancedFMA; early start of additional pension instead ofpresent 80 years; pension net of incometax;increase of interests on savings to pensioners/Sr citizens; improvement in social securitymeasures for pensioners/senior citizens etc.
KAPURTHALA (PB): P & T and Accounts
And Other Central Govt Penrs’ Assn — Meetingheld on 26-02-2017 was presided by its prez K KMalhotra. Secy genl P N Nagpal welcoming theaudience introduced four new members to theHouse and desired members to attend meetingsregularly. After recitation of bhajan by Pramod KrSharma, Sant Singh Kalsi briefed on the lateststatus of various recommendations of 7th CPCunder consideration of COS and additionalDearness Relief. After cultural programme,birthdays of 10 members were celeberated. On thematter relating to elections of new body, houseunanimously desired the existing secy genl tocontinue with authorisation to choose MC of hischoice to run activities of the assn smoothly.Later2 minutes silence was observed in memory of Ms
demands of pensioners, salient features of 3rdPRC and efforts required for Pensionrevision from 01-01-2017. Also spoke on latestabout merger of 78.2% of IDA. GS vehementlycriticised CCAs of India for their non-friendlyattitude to pensioners in matters of latest positionof pension revision thru WEB, ignoring directivesof DoT and in turn DoT turning deaf ears to thecomplaints lodged by BDPA.Stressed for unity andstrong organisation to accede DoT to next Pensionrevision from 01-01-2017. More than 50 memberswere thanked for their donating on the spot Rs2100/- each out of arrears of pension revision inresponse to the appeal made earlier in the day.Meeting ended with serving of sumptuous deliciousdinner.
CHANDIGARH : Customs & Central Excise
Pensioners Welfare Assn held its meeting on 11-02-2017 at Ludhiana which was chaired by its prezD R Sharma. Vice prez S C Duggal welcomed allwho had come from various cities apart fromChandigarh followed by welcome address by genlsecy Ishwar Singh. Later house paid homage tothe souls who have left for their heavenly abodeand observed two minutes silence. House wasapprised of the new rates of subscription for CGHSdue to revision of pay and pensions on account of7th CPC. Ranjit Singh of Ludhiana desired that aDoctor from WC Chandigarh may visit differentplaces in Punjab to attend to CGHS beneficiariesresiding at places other than Chandigarh once amonth. After discussion, it was agreed that prezC&CEPW assn D R Sharma who has recentlybeen nominated to the Advisory Committee ofCGHS Wellness Centre Chandigarh, may take thisproposal with higher authorities. Members alsodesired conversion of P & T dispensaries invarious cities of Punjab into CGHS WellnessCentres affording benefit to retirees settled in thosecities. Next AGM has been fixed for April 8th,2017 at Chandigarh. Members were advised tocheck up their revised pension with their respectivedisbursing banks and advised to enroll themselveswith CGHS, if not enrolled earlier, in their owninterest and also to get linked their Aadhar cardswith pension accounts for facilitating DLCs. Asregards non-receipt of minutes by members, alladvised to take up the matter with their jurisdictional
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Chander Kanta. Meeting ended with singing ofNational Anthem. Earlier meeting dated 20-01-2017 of the assn was chaired by vp Ashok Kr Batrawhereat minutes & accounts of annual function of17-12-2016 were approved. Apart from felicitating8 members on their birthdays, member BaljinderSingh was presented a shawl. Before conclusionof the meeting, house observed two minutessilence in memory of Ms Swaran Kanta Sood.
KHARAGPUR (WB): Kharagpur Central Govt
Pensioners’ Assn — 25th AGM held on 20-11-2016 was chaired by its v prez Manas Kundu. Atthe start, house observed silence for a minute topay homage to 7 of its members who have left fortheir heavenly abode and also to the victims oftrain accidents, victims of violence in the State ofJ&K and attack by terrorists along the borders ofIndia during the year. Prez thanked all for attendingthe AGM despite old age health problems andexhorted members to enrol more members tostrengthen the organisation. Minutes of the lastAGM were approved preceded by a song by v prezA Biswas. Jt secy P K Mondal read the activityreport for 2015-16. He also briefly analysed thesalient recommendations of 7th CPC on pay andpension revisions and lauded the efforts of BharatPensioners Samaj in the matter and appealed forunity amongst pensioners for getting theirdemands fulfilled. Annual audited accounts for2015-16 & Budget estimates for 2016-17 werepresented by S S Maji who also drew attention ofall to donations sent to BPS for various naturalcalamaties.He also appealed for liberal donationsto augment funds. During tea break, cultural - cum- spiritual performances were given. Fiveoctogenarian members were felicitated withbouquets and gifts. New Executive Committeemembers comprising prez - S K Moitra, jt secys -P K Mondal & A K Bhattacharyya, tr - S S Majialongwith 1 each as wkg prez & org secy, 3 v prezsand 9 members were elected. Meeting concludedwith thanks by prez S K Moitra.
NEW JALPAIGURI (WB ): NF Rly Penr’s’
assn — 20th AGM of NJP branch, conducted bypresidium comprising Bimalendu Chakraborty, BB Ckakraborty and Amalesh Chakraborty, was heldon 28-02-2017 at branch office with BimalenduChakraborty hoisting the assn flag in the presence
of over 175 members. Chief Advisor SitangshuBanerjee, COS SGUJ Malay Das and secy NFRPASGUJ Pallab Kanti Majumdar greeted the AGM andexpressed their support to the movement ofPensioners wishing AGM a grand success. SecyD L Banerjee presented the activity reporthighlighting satisfaction on enrolment of newmembers - agile and willing workers, get-to-gatherson specific holidays, supporting expenses oneducation of poor meritorious girl, donation to CMRelief Fund/benevolent fund, effective functioningof its office for full week attending to the problemsrelating to pensions of its members, attendingpension adalats at Kathiar. He also expressed hisdispleasure on 20 cases awaiting sanction of familypensions to spouses / siblings from the office ofDRM/KIR despite submission of all documents asalso difficulties faced by pensioners at the earlystages of demonetisation and improvementsneeded in medi-care of pensioners of Railways.Later Tr. Amit Basak placed accounts.Accountsand activity report which were unanimously passed.Meeting concluded with vote of thanks to the chair.
RAJKOT ( GUJ ): BDPA (India )Telecom Dist
Rajkot — held its Get - to - Gather and PensionRevision Donation function on 11-03-2017 atRajkot presided by its prez ShashikantbhaiShingada who welcomed all. Over 110 membersparticipated. Function commenced with prayerfollowed by observance of two minutes silence inmemory of members who expired during the periodunder reference. Secy Rajkot Dist J C Mandaliaread activity report of the year followed by Accountspresentation by the treasurer who appealed tomembers for liberal donations for the ensuing circleconference due in September, 2017. Circle prez AN Patel appreciating the working of circle assn,recalled the history and activities of the assn. Genlsecy / BDPA (India) D D Mistry in his addresstouched upon various issues and advised all toremain alert and vigilant on the attitude of GOItowards settlement of anamolies, PRC, medicalreimbursements, holding of BSNL and DOTadalats, merger of 78.2% of IDA etc. Drew attentionon the functioning of sister organisations in otherstates, need for a building of its own and generousdonations. Organising secy Gujrat Circle M GDhebar appreciated the performance of Circle
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office-bearers. SDE, BSNL M K Rawal anchoringthe function offered assisstance whenever needed.
SECUNDERABAD (TELENGANA): Central
Govt Penrs’ Federation — A condolence meetingunder the aegis of Bharat Pensioners Samaj, NewDelhi was convened by CGPF, Secunderabad on12-03-2017 at Lalitnagar Community Hall,Hyderabad to pay homage to late M SomasekharaRao - vice prez (SZ) BPS / Secy Genl CGPF whobreathed his last on 26-02-2017 at Appolo Hospital,Hyderabad. Nearly 200 pensioners attended themeet.SG/BPS S C Maheshwari chaired thecondolence meeting and paying homage to thedeparted soul recalled his services rendered topensioners as also to his fellow railwaymen whilein service. He went on to say that late MSomasekhara Rao was a great orator and talentedorganiser. With his passing away at this stage is agreat loss to the entire Pensioners Fraternity andthanked thousand of pensioners for expressingtheir condolences thru SMS, FB. House observedtwo minutes silence in memory of the departedsoul.Meeting was addressed among others by DPrabhakara Rao - Chairman Official LanguagesCommittee/Telengana State, M Chandra PrakashaRao - prez Telengana Retd Employees assn, GPuranchandra Rao - SG All India Retired StateGovt Employees assn, P L Narsimham - prez WestGodavari C G Retd Employees assn, Y N Sastry -prez AIRRF, M M Kapur - Edr BPS, R L N Ratnam- secy(States) BPS, M Chandramowli - secy (Postal& Ors) BPS/ secy POPA Hyderabad, R N Dutta -ex v prez (EZ) BPS, D N S S Rao - prez AIRECSC, Ms Bhagyavathi Harinath - secy CGPF Hyd,Narsimham Murthy, D Prabhakar Rao - prez CGPFSC, D A N Sarma - EC Member BPS, D S Sastry -Advisor CGPF, V Kameswara Rao - Edr Rail Sakthi.Anchor D Subba Rao - org secy CGPF SC in hishomage to late M Somasekhara Rao recalled therole played by the latter as a Trade Union Leaderboth in service and post-retirement.Elder son oflate M Somasekhara Rao, M V Krishna Mohan -Advocate thanking all for the sympathies expressedfor the bereaved family assured of his continuedhelp to pensioners/family pensioners and siblingsas he had been extending during his belovedfather’s life time.
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APRIL 2017website : ww.bharatpensioner.orghttp://scm-bps.blogsport.in/https://www.facebook.com/pages/BHARAT-PENSIONERS-SAMAJhttp://bps55.blogspot.in/
Director, Global Network and GeneralSecretary of S.E.C.Rly Pensioners Association isgoing to USA to attend an International Conferenceon “ Pivot Towards War : US Missile Defense andthe Weaponisation of Space, at Huntsville,Alabama on 7-9, April 2017. He will present a paperon the stand of India regarding Weaponisation andMilitarization of Space and development of Indiain Space technology. He is leaving to US on 5thinsant.
Bharat Pensioners Samaj wish him best of timeduring his visit to USA.
S.C.Maheshwari
Secy Genl BPS
J.Narayana Rao, BPS VP (WZ)bl volj ij uokxUrqd ofj”B e.My
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