Pension

7th CPC Allowances : Recommendations in respect of some important allowances paid to Pensioners

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Recommendations in respect of some important allowances paid to Pensioners

7th CPC Allowances

Rate of Fixed Medical Allowance (FMA) for Pensioners has been increased from Rs.500 per month to Rs.1000 per month. This will benefit more than 5 lakh central government pensioners not availing CGHS facilities.

i. The rate of Constant Attendance Allowance granted on 100% disablement has been increased from Rs.4500 per month to Rs.6750 per month.

11. Allowances to Scientific Departments

i. The recommendations of 7th CPC to abolish Launch Campaign Allowance and Space Technology Allowance has not been accepted. In order to incentivize the supporting employees in Space and Atomic Energy sector, the rate of Launch Campaign and Space Technology Allowance has been increased from Rs.7500 per annum to Rs.11250 per annum. Professional Update Allowance for non-gazetted employees of Department of Atomic Energy will also continue to be paid at the enhanced rate of Rs.11250 per annum.

ii. The 7th CPC had placed Antarctica Allowance, paid to the Scientists and other members undertaking the expedition to Antarctica under the Indian Antarctic programme, in the RH-Max Cell of the R&H Matrix. The rates of the RH-Max Cell recommended by the 7th CPC were less than the existing rates of Antarctica Allowance which is currently paid on per day basis. Considering the specific nature of these expeditions and to provide appropriate increase in rates, Government has decided to keep Antarctica Allowance out of the R&H Matrix and the allowance will continue to be paid on per day basis as per existing practice. The Rates of Antarctica Allowance will go up from Rs.1125 per day (Summers) and Rs.1688 per day (Winters) to Rs.1500 per day (Summers) and Rs.2000 per day (Winters).

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Be the first to comment - What do you think?  Posted by admin - September 22, 2018 at 9:37 pm

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IMPORTANT JUDGEMENT- OFFICIAL RETIRED ON 30th JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1st JULY NOTIONALLY FOR PENSIONARY BENEFITS

IMPORTANT JUDGEMENT- OFFICIAL RETIRED ON 30th JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1st JULY NOTIONALLY FOR PENSIONARY BENEFITS

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2017
CORAM
THE HON’BLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HON’BLE MR.JUSTICE RMT.TEEKAA RAMAN
W.P.No.15732 of 2017

P.Ayyamperumal …

Petitioner

-vs-

1.The Registrar,
Central Administrative Tribunal,
Madras Bench,
High Court Complex,
Chennai-600 105.

2.Union of Indirep.by
the Chairman, CBEC,
North Block,
New Delhi-110 001.

3.Union of India rep.by
Department of Personnel & Training
New Delhi.

4.The Director of General (Inspection),
Customs & Central Excise,
“D” Block, I.P.Bhawan, I.P.Estate,
New Delhi-110 002.

.. Respondents

Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in O.A./310/00917/2015 dated 21.03.2017 and quash the same and consequently direct the fourth respondent to treat the retirement date of the petitioner as on 01.07.2013 and grant all the consequential benefits including the pensionary benefits.

For Petitioner :: Mr.P.Ayyamperumal,
Petitioner-in-Person
For Respondents :: Mr.K.Mohanamurali,

ORDER

(Order of the Court was made by
HULUVADI G.RAMESH, J.)

This writ petition has been filed to quash the order passed by the first respondent-Tribunal in O.A./310/00917/2015 dated 21.03.2017 and to consequently direct the fourth respondent to treat the retirement date of the petitioner as 01.07.2013 and grant him all the consequential benefits including the pensionary benefits.

2.The case of the petitioner is that he joined the Indian Revenue Service in Customs and Excise Department in the year 1982 and retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence, the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and by order dated 21.03.2017, the Tribunal rejected the claim of the petitioner by taking a view that an incumbent is only entitled to increment on 1st July if he continued in service on that day. Since the petitioner was no longer in service on 1st July 2013, he was denied the relief. Challenging the order passed by the Tribunal, the present writ petition is filed.

3.The petitioner, appearing as party-in-person, has referred to the judgment passed by this Court in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v.M.Balasubramaniam, reported in CDJ 2012 MHC 6525, wherein the appeal filed by the State challenging the order passed in the writ petition entitling the employee who was similarly placed like that of the petitioner, the benefit of increment on the ground that he has completed one full year of service from 01.04.2002 to 31.03.2003, was rejected. Referring to that judgment, the petitioner has submitted that the said benefit has to be extended to him. He further submitted that even though the above decision squarely covers his case, no mention has been made by the Central Administrative Tribunal as to how that decision is not applicable to him. With regard to the said issue, the petitioner has also referred to the order passed by the Government of Tamil Nadu in G.O.Ms.No.311, Finance (CMPC) Department, dated 31.12.2014, and submitted that in the said G.O., it has been mentioned that the Pay Grievance Redressal Cell has recommended that when the date of increment of a Government

servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of notional increment purely for the purpose of pensionary benefits and not for any other purpose. Stating so, the petitioner prayed for allowing this writ petition.

4.Heard the learned Senior Panel Counsel appearing for the respondents 2 to 4 on the submissions made by the petitioner and perused the materials available on record.

5.The petitioner retired as Additional Director General, Chennai on 30.06.2013 on attaining the age of superannuation. After the Sixth Pay Commission, the Central Government fixed 1st July as the date of increment for all employees by amending Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008. In view of the said amendment, the petitioner was denied the last increment, though he completed a full one year in service, ie., from 01.07.2012 to 30.06.2013. Hence,

the petitioner filed the original application in O.A.No.310/00917/2015 before the Central Administrative Tribunal, Madras Bench, and the same was rejected on the ground that an incumbent is only entitled to increment on 1st July if he continued in service on that day.

6.In the case on hand, the petitioner got retired on 30.06.2013. As per the Central Civil Services (Revised Pay) Rules, 2008, the increment has to be given only on 01.07.2013, but he had been superannuated on 30.06.2013 itself. The judgment referred to by the petitioner in State of Tamil Nadu, rep.by its Secretary to Government, Finance Department and others v. M.Balasubramaniam, reported in CDJ 2012 MHC 6525, was passed under similar circumstances on 20.09.2012, wherein this Court confirmed the order passed in W.P.No.8440 of 2011 allowing the writ petition filed by the employee, by observing that the employee had completed one full year of service from 01.04.2002 to 31.03.2003, which entitled him to the benefit of increment which accrued to him during that period.

7.The petitioner herein had completed one full year service as on 30.06.2013, but the increment fell due on 01.07.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one full year of service, though the date of increment falls on the next day of his retirement. Applying the said judgment to the present case, the writ petition is allowed and the impugned order passed by the first respondent-Tribunal dated 21.03.2017 is quashed. The petitioner shall be given one notional increment for the period from 01.07.2012 to 30.06.2013, as he has completed one full year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No costs.

Index : Yes/No
Internet : Yes/No

(H.G.R.,J.) (T.K.R.,J.)
15.09.2017

KM

To

1.The Registrar,
Central Administrative Tribunal,
Madras Bench, High Court Complex,
Chennai-600 105.

2.The Chairman, CBEC,
Union of India,
North Block,
New Delhi-110 001.

3.Department of Personnel & Training,
Union of India,
New Delhi.

4.The Director of General (Inspection),
Customs & Central Excise,
“D” Block, I.P.Bhawan, I.P.Estate,
New Delhi-110 002.

Download Order

Be the first to comment - What do you think?  Posted by admin - September 21, 2018 at 6:25 pm

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Good news for NPS employees

NPS employees

Breaking News: Good news for NPS employees

  * Winning staff case in Supreme Court on old pension restoration *

In the case of old pension reinstatement, NPS employees today won a grand victory in the Supreme Court. The Supreme Court ruled in favor of the employees’ old pension scheme. In the favor of the old pension, in favor of the employees and the Indian government respectively, the Supreme Court concluded that the new pension scheme is not in the interest of the employees.The court ruled that, on the basis of the cancellation of the old pension from April 1, 2004, the government had enforced the NPS was wrong. Employees should be given all the benefits of old pension from the date of their appointment. The court rejected all the arguments in favor of the government’s NPS and all the provisions of the financial system in implementing the old pension scheme of the government.

With this judgment of Hon’ble Supreme Court, the country’s pensioners have received gravitational force in their struggle and judicial lobbying.

Satyameva Jayate :

Dr. Vinod Tripathi, District Head Special B.T.C. Teacher Welfare Association, U.P.
District-pratapgarh

Be the first to comment - What do you think?  Posted by admin - September 18, 2018 at 9:25 pm

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All India Pension Adalat – 600 retiring Central Government employees to participate in Pre-Retirement Counselling Workshop

All India Pension Adalat – 600 retiring Central Government employees to participate in Pre-Retirement Counselling Workshop

Ministry of Personnel, Public Grievances & Pensions

MoS Dr Jitendra Singh to inaugurate the All India Pension Adalat and give away Anubhav Awards on Tuesday

600 retiring Central Government employees to participate in Pre-Retirement Counselling Workshop

17 SEP 2018

The Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh will inaugurate the All India Pension Adalat here tomorrow.

The Pension Adalat, being organised by the Department of Pension & Pensioners Welfare (DoP&PW), will be one of the largest exercises for Pensioners’ Welfare ever undertaken by the Government as part of Good Governance dedicated to Central Government Pensioners. It is a unique effort wherein on a single day all the Central Government Ministries would be conducting their respective Pension Adalats in which on-the-spot resolution would be provided across the table to the grievance holder.

All the stakeholders of the pensioner’s case viz. the Department, Pay and Account Officer, the concerned Bank, along with the pensioner or his representative, will settle the grievance within the framework of extant rules. This is a great reformative measure to get the grievances resolved in the quickest possible way by avoiding unnecessary recourse by the pensioners to Courts.

It is expected that this measure will resolve issues of thousands of pensioners in one day, in a single sitting across the country. In addition to the Central Ministries, the Offices of Accountant General would be separately addressing the Pensioner grievances of All-India Service officers, in all the states across the country.

Besides the Pension Adalat, a Pre-Retirement Counselling (PRC) is also scheduled for the Central Government employees who are about to retire in the next six months. 600 retiring Central Government employees will participate in this PRC out of which a significant number will also be from the Central Armed Police Forces. The objective of the PRC Workshop is to create awareness about post-retirement entitlements as well as to educate them on advance planning for retirement including medical facilities and participation in voluntary activities after retirement.

On the occasion, Dr. Jitendra Singh will also give away the Anubhav Awards-2018 to recognise the contribution of the Central Government employees to the Anubhav Portal which is designed to create an institutional memory for successive generations of Central Government employees. It may be recalled that the Anubhav scheme had been instituted at the call of the Prime Minister Shri Narendra Modi in the year 2015. This is meant to encourage retiring and retired employees to submit an account of their experiences while working in the government and thereby create an institutional memory to help in future governance as well as to motivate and inspire different generations of government officials in their respective assignments. The scheme has resulted in registering more than 5,000 Anubhavs from Government employees till date from 91 Departments.

PIB

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New Contributory Pension System (NPS) – Confederation

An Overview of New Contributory Pension System (NPS) – Confederation

NEW CONTRIBUTORY PENSION SYSTEM (NPS)

M.Krishnan

Secretary General

Confederation of Central Govt. Employees & Workers

Pension system was in vogue in India for a century or more and the British Government during the pre-independence era introduced Pension Rules for Government employees and thus made it statutory. In the year 1982 Supreme Court in its landmark judgement in Nakara’s case declared that – “as per India’s constitution, Government is obliged to provide social and economic security to pensioners and that Government retirees had the fundamental right to pension….. Pension is not a bounty nor a matter of grace depending upon the sweet will of the employer. It is not an ex-gratia payment, but a payment for past service rendered. It is a social welfare measure, rendering socio-economic justice to those who in the hey days of their life, ceaselessly toiled for their employers on the assurance that in their old age, they would not be left in lurch.”

During the advent of globalisation policies in 1980’s the pension reforms also started simultaneously. IMF & World Bank started publishing so many reports and documents emphasizing the need for pension reforms. They also started studying about the reforms to be undertaken in the pension sector in India. In 2001, “IMF work paper on pension reforms in India” and World Bank India specific report “India – the challenge of old age income security” were published. Their work reports emphasized that “Pension obligations or promises made by the Governments which have potential of exerting pressure on Govt. finances, have been a subject of increased focus in assessing medium to long term fiscal sustainability.” In tune with the dictates of IMF and World Bank BJP-led NDA Government appointed Bhattacharjee Committee in 2001 headed by Ex-Chief Secretary of Karnataka, to study and recommend pension reforms. Thus after creating ground for pension reforms, under the pretext of implementing recommendations of Bhattacharyya Committee, the NDA Government introduced New Pension System called Defined Contributory pension system for all employees who join service on or after 01-01-2004. The Congress-led UPA Government which came to power in 2004 continued with the reforms and promulgated an ordinance to legalise NPS. But UPA-I Govt. could not pass the Pension Bill in Parliament due to stiff opposition of Left Parties supporting it. Later when UPA-II Government came to power the Pension Regulatory and Development Authority (PFRDA) Bill was passed in the Parliament with the support of BJP, the then opposition party. Many State Governments governed by political parties other than Left Parties, introduced Contributory Pension System for their employees from various dates after 2004. Left Front Governments of Kerala, West Bengal and Tripura refused to introduce the New Pension Scheme and they continued with the old defined benefit pension scheme. Congress-led UDF Government introduced NPS in Kerala. After BJP coming to power in Tripura also Contributory Pension Scheme is introduced recently. In West Bengal old Pension Scheme continues even now. Not only newly appointed Central and State Government employees, almost all new entrants of public sector and Autonomous bodies are also brought under the purview of NPS.

As per New Contributory Pension Scheme an amount of 10% of pay plus Dearness Allowance will be deducted each month from the salary of the employees covered under NPS and credited to their pension account. Equal amount is to be credited by the Government (employer) also. Total amount will go to the Pension Funds constituted under the PFRDA Act. From the pension fund the amount will go to the share market. As per the PFRDA Act – “there shall not be any implicit or explicit assurance of benefit except (share) market based guarantee mechanism to be purchased by the subscribers”. Thus the amount deposited in Pension Fund may or may not grow depending on the fluctuations in the share market. After attaining 60 years of age i.e., at the time of retirement, 60% of the accumulated amount in the Pension Account of the employee will be refunded and the balance 40% will be deposited in an Insurance Annuity Scheme. Monthly amount received from the Insurance Annuity Scheme is the monthly pension i.e., Pension is not paid by Government, but by the Insurance Company and hence NPS is nothing but Pension Privatization..

Thus it can be seen that the growth of the accumulated amount in the Pension fund depends upon the vagaries of share market. If the share markets collapse, as happened during the 2008 world financial crisis, then the entire amount in the pension fund may vanish. In that case employee will not get any pension. Every fluctuation in the share market will affect the future of pension of those employees who are covered under NPS. Uncertainty about pension and retirement life looms large over their heads. Even if there is a stabilized share market the 40% amount in the annuity scheme is not enough to get 50% of the last pay drawn as pension, which is the minimum pension as per old pension scheme. Many employees who entered in service after 01-01-2004 has retired in 2017 and 2018 after completing 12 & 13 years of service. They are getting Rs.1400- to Rs.1700- only as monthly pension from Insurance Annuity Scheme. If they have entered service in 2003 i.e., in the old pension scheme, they would have got 50% of the last pay drawn as pension subject to a minimum of Rs.9000- as minimum pension, that too without giving any monthly contribution towards pension from their salary. In short, NPS is nothing but NO PENSION SYSTEM.

As per clause 12(5) of the PFRDA Act even the employees and pensioners who are not covered under NPS, can be brought under the Act by a Gazette notification by the Government. Thus NPS is a Damocles’ sword hanging over the head of all employees and pensioners.

Who is the beneficiary of this pension reforms? As in the case of every neo-liberal reforms, the ultimate beneficiary is the Corporates. The huge amount collected from the workers through pension fund is invested in share market by the Pension Fund Managers and this amount in turn can be utilied by the multi-national Corporates for multiplying their profit. Amount deducted and credited to the Pension fund from each newly recruited employees plus the employer’s share amount will remain with the pension fund and share market for a period of minimum 30 to 35 years i.e., till the age of 60 years. During this long period of 35 years crores and crores of rupees will be at the disposal of share market controlled by multinational corporate giants. Ultimate causality will be the poor helpless employee/pensioner.

Confederation of Central Government Employees and Workers and All India State Government Employees Federation (AISGEF) has been opposing the NPS from the very beginning and a one day strike was conducted on 30th October 2007. It was one of the main demand in all other strikes during these period. The campaign and struggle against NPS continued and as of now the subjective and objective conditions for a bigger struggle against NPS has emerged as almost 50% of the total employees in Central, State, Public sector and Autonomous bodies are now covered under NPS and are becoming more and more restive and agitated. 7th Central Pay Commission Chairman Retired Supreme court Judge Sri. Asok Kumar Mathur has correctly pointed out that “Almost a whole lot of Government employees appointed on or after 01-01-2004, were unhappy with New Pension Scheme. Govt. should take a call to look into their complaint”.

As per the recommendations of 7th CPC, Central Government appointed a Committee called “NPS Committee” for streamlining the functioning of NPS. The Staff-side has demanded before this Committee to scrap NPS and guarantee for 50% of the last pay drawn as minimum pension subject to a minimum of Rs.9000-. Even though, the Committee has submitted its report 18 months back, the Government has not yet disclosed the recommendations of the Committee.

Confederation and AISGEF has decided countrywide intensive campaign culminating in one day strike on 15th November 2018 demanding that the Defined Contributory Pension Scheme (New Pension Scheme – NPS) imposed on new entrants must be scrapped and the Government should reintroduce the Defined Benefit Pension Scheme (Old Pension Scheme – OPS) that was in vogue for a century or more. We are also exploring the possibility of organizing an indefinite strike in the coming days exclusively on one demand i.e., SCRAP NPS, RESTORE OPS for which wider consultations are being made with all like-minded organizations.

Mob & whatsapp: 09447068125

e-mail: mkrishnan6854@gmail.com

Source: Confederation

Be the first to comment - What do you think?  Posted by admin - September 10, 2018 at 10:09 pm

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Important Judgement: 7th CPC Pension Benefit – Retired from service on one day prior to 1.1.2016

Important Judgement: 7th CPC Pension Benefit – Retired from service on one day prior to 1.1.2016

Central Administrative Tribunal
Principal Bench
New Delhi

OA No.571/2017

Order Reserved on: 13.02.2018
Pronounced on: 17.04.2018

Hon’ble Mr. K.N. Shrivastava, Member (A)
G.C. Yadav,
S/o late Kamal Singh Yadav,
(aged about 61 years)
(retired as Deputy Secretary)
R/o H.No.1627/3, Lane No.6,
Rajiv Nagar, Mata Road,
Gurugram – 122001.

Applicant
(By Advocate Shri L.R. Khatana)

-Versus-

Union of India
Through Secretary to the Govt. of India,
Ministry of Home Affairs,
North Block, New Delhi 110001.

Secretary to the Govt. of India,
Department of Pension & Pensioners’ Welfare,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi – 110001.

Secretary to the Govt. of India,
Department of Personnel & Training ,
Ministry of Personnel, Public Grievances & Pensions
North Block, New Delhi – 110001.

- Respondents

(By Advocate Shri N.D. Kaushik )

2 (OA No.571/2017)

ORDER

The applicant retired from the post of Deputy Secretary in the Ministry of Home Affairs, Government of India with effect from the afternoon of 31.12.2015 on attaining the age of superannuation. His date of birth is 01.01.1956. He has been deprived of the benefits of 7th Central Pay Commission’s recommendations, which came into effect w.e.f 01.01.2016 on the ground that he retired prior to that date i.e. 31.12.2015.

2. The applicant submitted his representation dated 14.12.2015 (Annexure A-4 colly.) to the Secretary, Department of Personnel & Training (DoP&T) (respondent no.3) stating therein that he would cease to be a Government servant in the midnight of 31.12.2015 and thus acquired the status of a pensioner in the forenoon of 1st January, 2016. Hence, he is entitled to all the pensionary benefits viz. gratuity, fixation of pay/pension as per 7th Central Pay Commission’s recommendations. The representation dated 14.12.2015 of the applicant was forwarded by the Additional Secretary (S&V), DoPT to the Joint Secretary, Pension, Department of Pension and Pensioner’s Welfare (DoP&PW) vide letter dated 29.02.2016. The relevant portion of the said letter is extracted below:

2. In his representation, Shri Yadav has contended that the pensionary benefits accrue to a person when he acquires the status of Pensioner. As per the judgment of the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 2015 were in Government service upto midnight of 31st December, 2015 and acquired the status of pensioner only in the forenoon of 1st January, 2016. Applying the law laid down by the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 1956 acquired the status of pensioner only in the forenoon of 1st January, 2016. The recommendations of the 7th Pay Commission are likely to be implemented with effect from 1st January, 2016.

3. Pursuant to the implementation of the 7th Central Pay Commission’s recommendations, DoP&PW (respondent No.2) issued Annexure A- 2 OM dated 04.08.2016 revising the pension of pre- 2016 pensioners/family pensioners. The grievance of the applicant is that his retiral benefits have been fixed in terms of Annexure A-2 OM, treating him as a pre-2016 retiree whereas he should be treated as a retiree w.e.f. 1.1.2016 and thus the 7th Central Pay Commission’s benefits should accrue to him.

4. Respondent No.2 considered the representation dated 14.12.2015 of the applicant, which was duly forwarded by the DoPT vide aforementioned letter dated 29.02.2016 and vide impugned Annexure A-1 OM dated 03.01.2018 has declined the request of the applicant. The relevant portions of this OM are reproduced below:

4. In the case of Shri Yadav, he actually retired on 31.12.2015 and was not in service on 1.1.16. Judgment of Hon’ble Supreme Court in the case of Shri S. Benerjee has no relevance in his case. In fact Rule 5 (2) of CCS (Pension) Rules, has already been amended and as per the amended rule date of voluntary retirement is treated as the last working day. Therefore, those who retired voluntarily on 1.1.2016 would be eligible for pay and pension benefits of 7th CPC as a post 1.1.2016 retiree.

5. Since Shri Yadav retired on superannuation on 31.12.2015, he is to be treated as a pre -2016 pensioner and is accordingly entitled to the benefit in revision of pension under the OM No.38/37/46-P&PW(A)(ii), dated 4.8.16.”

5. Aggrieved by the impugned Annexure A-1 OM dated 03.01.2017, the applicant has filed the instant OA praying for the following relief:

B) That this Hon’ble Tribunal may be pleased to hold and declare that the impugned orders/action of the respondents is illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and quash and set aside the same and be pleased to further hold that since the Applicant superannuated with effect from the afternoon of 31.12.2015 and relinquished the charge of the post of Deputy Secretary in the afternoon of that date, he, as per law, is deemed to have effectively retired on or with effect from 1.1.2016 and therefore, cannot be treated as pre- 2016 pensioner and direct the respondents to grant the retiral benefits such as fixation of pension, DCRG, commutation of pension, leave encashment etc. accordingly and pay the arrears thereof with 12% interest within a specified time-frame.”

6. Pursuant to the notices issued, the respondents entered appearance and filed their reply in which they have broadly made the following important averments:

6.1 The applicant retired from Government service on 31.12.2015 and accordingly he has been treated as a pre-2016 pensioner and his pensionary benefits have been fixed in terms of the OM dated 4.8.2016 (Annexure A-2) of the DoP&PW.

6.2 As per the provisions of FR 56(a), a Government servant whose date of birth is first of a month shall retire from service in the afternoon of the last day of the preceding month on attaining the age of 60 years. Hence, the applicant, whose date of birth is 1.1.1956 is deemed to have been retired in the afternoon of 31.12.2015.

6.3 The judgment of Hon’ble Supreme Court in S. Banerjee v. Union of India [AIR 1990 SC 295], relied upon by the applicant in para 4 (d) of the OA, is not relevant in the instant case. It is stated that Shri S. Banerjee had retired voluntarily and his date of retirement was 1.1.1986 whereas in the instant case the applicant retired on attaining the age of superannuation in the afternoon of 31.12.2015 and as such was not in service on 1.1.2016.

7. The applicant has filed rejoinder to the reply, in which no substantial issue has been raised except saying that it is settled position of law by a catena of judgments of Hon’ble Tribunal, Hon’ble High Courts and Hon’ble Supreme Court that a person whose date of birth is 1st of a month is deemed to have retired from service from that date only.

8. On completion of the pleadings the case was taken up for hearing the arguments of the parties on 13.02.2018. Arguments of Shri L.R. Khatana, learned counsel for the applicant and that of Shri N.D. Kaushik, learned counsel for the respondents were heard. Shri Khatana, besides reiterating the averments made in the OA relied on the following judgments to buttress his argument that the applicant is deemed to have retired from service on 1.1.2016 since his date of birth is 1.1.1956:

i) Judgment of the Kerala High Court in Union of India v. George , [2004 (1) ATJ 150]; held:

” 16. We are unable to accept this contention. The two officials had actually continued in service till the midnight of December 31, 1995. It is only from January 1, 1996 that they had ceased to be in service and acquired the status of pensioners. Resultantly their claim to pension had to be determined at the rate prevalent on the date. This is precisely what the Tribunal has given them. The case is in no way different from that of Banerjee. In both cases, the pay had been paid till December 31″

ii) Judgment of Hon’ble Karnataka High Court in Union of India & others v. Col. Bhupinder Singh (Retd.) Major, [Writ Appeal No.3897 of 2005, dated 11.09.2009], held:

“The decision reported in 1989 Supp. 2 SCC 486 (S. Banerjee v. Union of India & Ors.) has been followed by the learned Single Judge while passing the impugned order. In that case the appellant had filed an application for voluntary retirement which was accepted from the forenoon of 1st January, 1986 and in that view of the matter, he was found to be entitled to the benefit of para 17.3 of the recommendation of the Pay Commission. This decision is not applicable to the case of the respondent in the instant case as per Army Rules, which is applicable to the respondent who retired on 31.12.1995. None of the decision cited by the respondent are applicable to the case on hand. On the other hand, the decision cited by the respondent are applicable to the case on hand. On the other hand, the decision cited by the learned counsel for the appellants are applicable on all the fours to the case on hand and the impugned order calls for interference.”

iii) Judgment of Hon’ble Andhra High Court in Union of India and Ors. V. P.S.R. Kumar Sinha and Anr. ̧ [2006 (2) ALT 354:2006 (3) ALD 57]; held

” 6:17.Supreme Court Ruling In S. Benerjee v. Union of India, a definite finding is on record by their Lordships of the Supreme Court of mdia that when the employee has retired on the last date of the month, his date of retirement has to be treated as 1st date of succeeding month.

6:18. It is a direct decision on the issue before us.

6:19. Full Bench Decision of A.P. High Court Principal Accountant General A.P. v. C. Subba Rao While answering Point No. 2 the Full Bench of this Court categorically held as follows:

A Government servant who would be retiring on the last day of the month would cease to be Government servant by mid- night of that day and he would acquire status of pensioner and therefore he would be entitled for all the benefits given to a pensioner with effect from first day of the succeeding month.”

iv) Order of this Tribunal in Satish Kumar v. Union of Inida & Ors., [OA No.792.2004, dated 25.11.2004], held:

“It is trite law that for want of any decision to the contrary of the High Court, under whose jurisdiction the Bench of the Tribunal is situated, a decision of the High Court of another State would be binding as a precedent on the Tribunal and having regard to the decision of the Apex Court in S. Banerjee vs. Union of India, AIR 1990 SC 295, relied upon by Kerala High Court, the case of the applicant, in all fours, is covered by the ratio decidendi of the decision of the High Court. Having regard to the fact that he is deemed to have retired on 1.4.2004 special dispensation as mentioned in para 3 of the OM ibid would apply to him.”

8.1 Shri Khatana concluded his arguments by submitting that the case of the applicant is squarely covered by the above judgments and hence the relief claimed may be granted.

9. Leaned counsel for the respondents by and large reiterated the averments made in the reply filed on behalf of the respondents.

10. I have considered the contentions of the learned counsel for the parties and have gone through the pleadings and documents annexed thereto. All the judgments of the Hon’ble High Courts as well as of the Tribunal relied upon by the applicant are primarily based on the judgment of the Hon’ble Apex Court in S. Banerjee (supra), wherein it has been held as under:-

“The question that arises for our consideration is whether the petitioner has retired on January 1, 1986. We have already extracted the order of this Court dated December 6, 1985 whereby the petitioner was permitted to retire voluntarily from the service of the Registry of the Supreme Court with effect from the forenoon of January 1, 1986. It is true that in view of the proviso to rule 5(2) of the Rules, the petitioner will not be entitled to any salary for the day on which he actually retired. But, in our opinion, that has no bearing on the question as to the date of retirement. Can it be said that the petitioner retired on December 31, 1985? The answer must be in the negative. Indeed, Mr. Anti Dev Singh, learned counsel appearing on behalf of the respondents, frankly conceded that the petitioner could not be said to have retired on December 31, 1985. It is also not the case of the respondents that the petitioner had retired from the service of this Court on December 31, 1985. Then it must be held that the petitioner had retired with effect from January 1, 1986 and that is also the order of this Court dated December 6, 1985. It may be that the petitioner had retired with effect from the forenoon of January 1, 1986 as per the said order of this Court, that is to say, as soon as January 1, 1986 had commenced the petitioner retired. But, nevertheless, it has to be said that the petitioner had retired on January 1, 1986 and not on December 31, 1985. In the circumstances, the petitioner comes within the purview of paragraph 17.3 of the recommendations of the Pay Commission.”

11. This judgment has attained finality and thus holds the field today. It is clearly held by the Hon’ble Apex Court in S. Banerjee (supra) that in case of all those Government servants whose date of birth is 1st of a month, they are supposed to have retired from that date only.

12. In the instant case, the applicant’s date of birth is admittedly 1.1.1956 and thus relying on the ratio of law laid down by the Hon’ble Apex Court in S. Banerjee (supra), he is deemed to have retired from service on 1.1.2016. Hence, he is entitled for getting all his pensionary benefits in accordance with the 7th Central Pay Commission’s recommendations. Accordingly, this OA is allowed. The impugned Annexure A-1 order is declared illegal and accordingly quashed and set aside. The respondents are directed to fix the retiral benefits of the applicant in accordance with the 7th Central Pay Commission’s recommendations which have been implemented vide O.M. No. 38/37/2016-P&PW(A)( i), (ii) & resolution dated 04.08.2016 in respect of pensioners retiring on or after 1.1.2016. This shall be done within a period of three months from the date of receipt of a certified copy of this order. No costs.

(K.N. Shrivastava)
Member (A)

‘San.’

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CPAO: Mandatory use of Digital Signature

CPAO: Mandatory use of Digital Signature

CPAO/IT&Tech/Revision(7th CPC)/19.Vol-III (E)/2018-19/95

29.08.2018

Office Memorandum

Subject: Mandatory use of Digital Signature – Regarding.

Reference is invited to this office OM No. CPAO/IT&Tech/Revision (7th CPC)/19.Vol-lII/ 2016-17/37 dated 25.05.2017 followed by OM No. CPAO/IT&Tech/ Revision (7thCPC)/19.Vo1-III(B/E)/2016-17/127 dated-25.09.2017 and OM No. CPAO/ IT&Tech/ Revision (7thCPC)/19.Vol-III(E)/2016-17/147 dated 14.11.2017 on the above subject thereby in unavoidable circumstances only, PAOs were allowed to process the pension cases manually and forward to CPAO with the counter signature Pr. CCAs/CCAs/ CAs/AGs/Administrators of UTs with valid reasons.

Further, it has been observed that the PAOs are sending revision of pension authorities to the CPAO in a format other than the format prescribed by CPAO while processing the revision of pension cases manually under the 7th Central Pay Commission and without the counter signature by concerned Pr. CCAs/CCAs/ CAs/AGs/ Administrators of UTs with valid reasons.

In view of the above all Pr. CCAs/CCAs/CAs/AGs/Administrators of UTs are once again requested to instruct the PAOs under their jurisdiction to process the revision of pension cases in the prescribed format manually only in exceptional circumstances when it is not possible to process the pension case through the e-Revision utility of CPAO and forward to this office only after counter signature by the concerned Pr. CCAs/ CCAs/CAs/AGs/Administrators of UTs with valid reasons.

This issues with the approval of Chief Controller (Pensions).

(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)
Ph No.011-26103074

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Inviting bids for selection of an Agency for print creative work of Advertisement on All India Pension Adalat

Inviting bids for selection of an Agency for print creative work of Advertisement on All India Pension Adalat

Government of India
Department of Pension and Pensioners’ Welfare

3rd, floor Loknayak Bhawan
Khan Market, New Delhi

Dated:- 29th August, 2018

Notice

Inviting bids for selection of an Agency for print creative work of Advertisement on All India Pension Adalat

  1. A quarter page Advertisement containing major pension reforms and holding of all India Pension Adalat is to be published in leading newspapers. The Advertisement will contain graphics, photographs, reforms, etc. The content of Advertisement will be provided to the selected agency by this Ministry. The Advertisement is to be published within 7 days from the work order.
  1. Bids are invited from the agencies empanelled with Bureau of Outreach & Communication (BoC) – (erstwhile known as DAVP- Directorate of Advertising and Visual publicity) for executing the work of print creative, designing etc. of the Advertisement. The empanelment would be considered on the basis of the list of agencies as available on BoC website on last date of acceptance of application by DOPPW i.e. 4.9.2018. It may be noted that this is not a bid seeking the price quote. The agencies will be required to execute the work as per the BoC rates and BoC guidelines.
  1. Interested agencies may submit a concept paper containing the design of the advertisement to this latest by 12 Noon on 04.09.2018 in closed envelop to the Manoj Kumar, Under Secretary DOPPW H-9, 3rd floor, Lok Nayak Bhawan, New Delhi. Offers received after the said date time would not be considered
  1. Selection of an agency will be made on the basis of their experience in this regard, quality of concept paper etc.
  2. The concept paper is only to assess the capabilities of the agency/vendor. Further, DOPPW reserves the right not to consider any agency without assigning any reason.

(Seem a Gupta)
Director
Tel.: 24624802
Email:- seema.gupta75@gov.in

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Payment of dearness relief to re-employed pensioners and employed family pensioners

Payment of dearness relief to re-employed pensioners and employed family pensioners

Circular No. 200

No.AT/Tech/263-XXIII

Dated: 12/04/2018

To

The Chief Accountant, RBI Deptt. of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East, Mumbai-400051
The Director of Treasuries of all State
The Manager CPPC of Public Sector Banks including IDBI
The CDA (PD) Meerut
The CDA, Chennai
The Nodal Officers (ICICl/AXIS/HDFC Bank)…………………………………………….
The Pay & Accounts Officer……..
The Military. & Air Attache, Indian Embassy, Kathmandu, Nepal
The D.P.D.O……………
Post Master, Kathua (J & K) and Camp Bell Bay

Sub: Payment of dearness relief to re-employed pensioners and employed family pensioners: Clarification thereof.

Ref: This office Circular No. 166 dated 07/03/2013, Circular No. 173 dated 07/04/2014 and Circular No. 179 dated 12/05/2015.

Provisions for payment of dearness relief to re-employed pensioners and employed family pensioners is laid down in Ministry of Personnel, Public Grievances & Pensions (Deptt. of Pension & Pensioners Welfare) OM No. 45/73/97-P&PW(G) dated 02/07/1999 issued under this office Important Circular No. 07 dated 13/08/1999. As per the ibid OM, before 18/07/1997, in terms of the existing orders, Dearness Relief to pensioners and family pensioners is to remain suspended during the period a pensioner/family pensioner is re-employed/employed under the Central or State Govt. or in a Statutory Corporation/Company/Body/Bank under them in India or abroad. The above facts are also applicable to the pensioners and family pensioners permanently absorbed in Statutory Corporation/Company/Body/Bank under the Central or State Government.

2. Representations from various agencies as well as pensioners/family pensioners including Pension Disbursing Agencies are being received for clarification on Payment of dearness relief to re-employed pensioners and employed family pensioners. The matter has been examined in this office and following points are clarified.

3. However, w.e.f. 18/07/1997, it has been decided by the Govt that: (i) In so far as re-employed pensioners are concerned, the entire pension admissible is to be ignored at present only in the case of those civilian pensioners who held post below Group ‘A’ and those ex-servicemen who held post below the ranks of Commissioned Officers at the time of their retirement. Their pay, on re-employment, is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such pensioners will consequently be entitled to Dearness Relief on their pension. (A) For this purpose, the Central Government Departments concerned, including subordinate organizations. State Government, Corporation/Company/Body/Bank etc. employing a Central Government pensioner shall be required to issue of certificate indicating the following:

(a) The re-employed pensioner retired from a civil or military post in the Central Government and was holding a post not included in classified as group ‘A’ or a post below the rank of commissioned officer in the armed forces;

(b) The entire amount of pension sanctioned by the Central Government was ignored in fixation of the pay on re-employment i.e. no part of the pension was taken into account in such fixation of pay in the pay scale of the post in which the Central government retired/retiree was re-employed/absorbed; and

(c) The pay of the re-employed/absorbee was/is fixed at the minimum of the pay scale of the post in which he had/has been initially re-employed after his retirement from the Central Government.

(d) If the pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given.

(B) In the cases where PBOR (below Commissioned Officer) retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn were given, the pay should be treated as fixed at a minimum for the purpose of ignoring the entire pension and allowing Dearness Relief on pension. For benefit of advance increments, the policy for the same should exist in the re-employing department and a copy of such policy matter should be enclosed with the required certificate. But, after granting benefit of advance increments, the last pay drawn by the pensioner is protected, the pensioner in such case will not be entitled for dearness relief on pension.

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Disposal of PPO – death of the pensioner with no claimant authorized for family pension in the same PPO

Disposal of PPO – death of the pensioner with no claimant authorized for family pension in the same PPO.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BI-IIKAJI CAMA PLACE.
NEW DELHI-110066
PHONES 26174596, 25174455, 261 74436

CPAO/IT&Tech/Bank Performance/37 Vol.III/2018-19/85

17/20.08.2018

OFFICE MEMORANDUM

Subject:- Manner of disposal of PPO – death of the pensioner with no claimant authorized for family pension in the same PPO.

Attention is invited to this office OM No. CPAO/Tech/Bank Performance/2014¬15/511-581 dated- 23.09.2011- (copy enclosed) wherein all Heads of the CPPC and Heads of Government Business Department of the Banks were instructed to return both halves of PPO to CPAO where no nominee is authorized for pension on the same PPO so that the family pension could be authorized to other eligible members of the family of the pensioner.

It has been observed that the both halves of the PPOs are not being returned by the CPPCs of the banks which has resulted in a number of court cases for delay in the commencement of family pension to the family pensioner other than the spouse.

It is reiterated that both halves of the PPO may be returned to the CPAO in case there is no nominee authorized for family pension on the same PPO exist as stipulated at per Para 23.3 of the Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks (Fourth Edition, 3rd December, 2004).

As per Para 23.3 of the Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks (Fourth Edition, 3rd December, 2004), wherein it is clearly stated that “The paying branch will enter the date of death of the pensioner in the disburser’s portion of the PPO as well as pensioner’s portion and in the register in the form as in Annexure VIII (pg. 33). The pensioner’s half of PPO will then be returned to the nominee if family pension stands authorized through the same PPO; otherwise it will be returned to the Link Branch/CPPC along with the disburser’s half, for onward transmission to the CPAO. The latter will up-date its record and transmit both halves of the PPO after keeping the necessary note in their records, to the PAO/AG who had issued the PPO for similar action and record”.

All the Heads of the CPPC and Heads of Government Business Department of the Banks are requested to adhere to the above guidelines and return both halves of the PPO to the CPAO in order to avoid delay in finalization of family pension cases other than spouse.

This issues with the approval of Chief Controller (Pensions].

(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)

The non-compliance of these instructions by the banks is resulting increase in receipt of number of court cases and legal cases in CPAO, non-updation of CPAO’s and PA0’s relevant record, delay in authorization of family pension to the eligible family members for whom a new PPO is to be issued, causing hardship to the claimants, points raised by the Pensioners’ Welfare Associations from different platforms including SCOVA meetings.

The Para 6.3.1 of the CPPC Guidelines also stressed upon the strict adherence to the codal provisions of “Scheme Booklet“, CCS(Pension) Rules, Orders, Guidelines on Pension issued by Government of India/Reserve Bank of India from time to time.

Non-compliance of codal provisions by the banks is a very serious lapse on their part. Therefore, it is imperative to instruct the Heads of CPPC of all the banks/ Heads of Govt. Business Divisions to take a stock of these cases and send a Review Report within seven days from the receipt of this Office Memorandum followed by returning of both the halves of all such PPOs wherein pensioner/spouse has died and no claimant for family pension has been authorized in the PPO. The matter may be taken on priority as it is under review at the higher level.

This issues with the approval of Chief Controller (Pensions).

The Hindi version will follow.

(M.M..lidrrahik)
Asstt. Controller of Accounts

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REINTRODUCTION OF OLD PENSION SCHEME

Reintroduction Of Old Pension Scheme

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES

LOK SABHA
UNSTARRED QUESTION NO. 4075
TO BE ANSWERED ON AUGUST 10, 2018/SHRAVANA 19, 1940 (SAKA)
REINTRODUCTION OF OLD PENSION SCHEME

Shri Rakesh Singh

Will the Minister of FINANCE be pleased to state

  • the details of drawbacks of the New Pension Scheme (NPS) introduced for the Government officials;
  • whether the NPS is not as beneficial monetarily as the Old Pension Scheme (OPS) and if so, the details thereof;
  •  whether the Government employees are disgruntled with the NPS and if so, the details thereof; and
  • whether the Government proposes to reintroduce the OPS replacing the NPS, if so, the details thereof and the action taken by the Government in this regard?

ANSWER

The Minister of State in the Ministry of Finance
(Shri Shiv Pratap Shulda)

(a) & (b) National Pension System (NPS) has been designed giving utmost importance to the welfare of the subscribers. Government has made a conscious move to shift from the defined benefit pension scheme to defined contribution pension scheme i.e. NPS, due to rising and unsustainable pension bill. There are a number of benefits available to the employees under NPS. Some of the benefits are enlisted below:

  • NPS is a well designed pension system managed through an unbundled architecture involving intermediaries appointed by the Pension Fund Regulatory and Development Authority (PFRDA) viz. pension funds, custodian, central record keeping and accounting agency, National Pension System Trust, trustee bank, points of presence and Annuity service providers. It is prudently regulated by PFRDA which is a statutory regulatory body established to promote old age income security and to protect the interest of subscribers of NPS.
  • The pension wealth which accumulates over a period of time till retirement grows with a compounding effect. The all-in-costs of the institutional architecture of NPS are among the lowest in the world.
  • Contribution made to the NPS Tier-I account is eligible for tax deduction under the Income Tax Act, 1961. An additional tax rebate of Rs.50000 is also allowed for contributions made to NPS Tier-I under Section 80CCD (1B) of the Income Tax Act, 1961.
  • Subscribers can withdraw up to 25% of their own contributions before attaining age of superannuation, subject to certain conditions. Further, PFRDA vide “PFRDA (Exits and Withdrawals under the NPS) (First Amendment) Regulations, 2017″ dated 10.08.2017 has liberalized norms for partial withdrawals which also include reduction of requirement of minimum years of being enrolled under NPS from 10 years to 3 years from the date of joining.
  • PFRDA has increased the maximum age limit from 60 years to 65 years for joining NPS-All Citizen Model and Corporate Sector Model, vide “PFRDA (Exits and Withdrawals under the NPS) (Second Amendment) Regulations, 2017” dated 06.10.2017.
  • PFRDA vide “PFRDA (Exits and Withdrawals under the NPS) (Third Amendment) Regulations, 2018″ dated 02.2018 has facilitated easy exit & withdrawal in case of disability and incapacitation of the subscriber covered under NPS.
  • Transparency and Portability is ensured through online access of the pension account by the NPS subscribers, across all geographical locations and portability of employments.

(c) & (d) Representations have been received which inter alia also include the demand that the Government may revert to old defined benefit pension system. However, due to rising and unsustainable pension bill and competing claims on the fiscal, there is no proposal to replace the NPS with old pension scheme in respect of Central Government employees recruited on or after 01.01.2004.

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Defined Contribution Pension Scheme (National Pension System) – Salient Features

Defined Contribution Pension Scheme (National Pension System)
(Salient Features)


  • The National Pension System works on defined contribution basis and will have two tiers – Tier-I and II. Contribution to Tier-I is mandatory for all Government servants joining Government service on or after 1-1-2004 (except the armed forces in the first stage), whereas Tier-II will be optional and at the discretion of Government servants.
  • In Tier-I, a Government servant will have to make a contribution of 10% of his basic pay plus DA, which will be deducted from his salary bill every month by the PAO concerned. The Government will make an equal matching contribution. However, there will be no contribution from the Government in respect of individuals who are not Government employees.
  • Tier-I contributions (and the investment returns) will be kept in a limited partial withdrawable Pension Tier-I Account. Tier-II contributions will be kept in a separate account that will be withdrawable at the option of the Government servant. Government will not make any contribution to Tier-II account.
  • The existing provisions of Defined Benefit Pension and GPF would not be available to the new recruits in the central Government service, i.e. to the Government servants joining Government service on or after 1-1-2004. However, retirement gratuity and death gratuity would be extended to the central government employees covered under NPS on the same terms and conditions as applicable under CCS(Pension) Rules, 1972.
  • In order to implement the Scheme, there will be a Central Record Keeping Agency (CRA) and several Pension Fund Managers (PFM) to offer three categories of Schemes to Government servants, viz., options A,B and C based on the ratio of investment in fixed income instruments and equities. The participating entities (PFMs and CRA) would give out easily understable information about past performance, so that the individual would be able to make informed choices about which scheme to choose.
  • An independent Pension Fund Regulatory and Development Authority (PFRDA) will regulate and develop the NPS.
  • A Government servant can exit at or after the age of 60 years from the Tier-I of the Scheme. At exit, it would be mandatory for him to invest 40 per cent of pension wealth to purchase an annuity (from an IRDA-regulated Life Insurance Company) which will provide for annuity for the lifetime of the employee and his dependent parents/spouse. He would receive a lump-sum of the remaining pension wealth which he would be free to utilize in any manner. In the case of Government servants who leave the Scheme before attaining the age of 60, the mandatory annuitization would be 80% of the pension wealth.
  • Provisionally, central government employees covered under NPS has option to choose benefits under old pension scheme or NPS in the event of their death or discharge from service on invalidation.

2. FAQs about the National Pension System

Frequently Asked Questions (FAQs)
(National Pension  System)

Last updated/Reviewed:  18.12.2017

NPS.1 The  CCS(P)  Rules are applicable to govt. servants appointed on  or  before 31.12.2003. Are the employees who joined pensionable establishments  of  Govt. of India after 31/12/2003 eligible for any benefits under these rules?

In  accordance with DoP&PW O.M. No.  38/41/06 – P&PW(A) dated 5.5.2009 such  employees  who  joined  after  31/12/2003  and/or  their families may be given the benefit of disability pension  or  family  pension  provisionally  till  the finalization of rules under the National Pension System   (NPS) on death/injury.
Further,  the  benefit of Retirement Gratuity and Death Gratuity have  been extended to the Central Government civil employees covered under NPS in the  same  terms  and conditions  as applicable under CCS Pension Rules, 1972 vide this OM no. 7/5/2012 – P&PW(F)/B dated 26/08/2017.

NPS.2 What are the guidelines/orders in regard to settlement of dues of the deceased Government employees covered under NPS?
As per the Department of Pension & PW O.M. No.38/41/06 – P&PW(A) dated 5.5.2009 (available on website) the benefits under the CCS(Pension) Rules has  been  provisionally  extended to the families of deceased employees covered under NPS. Family Pension/gratuity in terms of O.M. dated 5.5.2009 shall  be  payable  to  the  family of the deceased employee if the deceased  employee was  covered  under  NPS  and fulfils the conditions. These payments are provisional and  will  be  adjusted  as  per the final provisions. As per Para 7 of the O.M., the accumulations in pension wealth of deceased employee under NPS  will not be paid during the period provisional benefits under the aforementioned O.M. are payable. The Head of Office will prepare the pension papers as per provisions of the relevant rules and proceed as per the procedure for making the provisional payments to  eligible  Government  servants families explained in Ministry  of  Finance O.M. No.1(7)/DCPS(NPS)/2009/TA/221 dated 2.7.2009 read with corrigendum dated 29.9.2009.

Source: pensionersportal.gov.in

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Holding of Pension Adalats on 18th September 2018

Holding of Pension Adalats on 18th September, 2018: CGA to all Pr.CCAs/CCAs/CAs

Ministry of Finance
Department of Expenditure
O/o Controller General of Accounts

Mahalekha Niyantrak Bhawan
Block-E, GPO Complex, INA, New Delhi.

NO.CDN/MF-CGA/Misc/2018/244

Dated 30 July, 2018

Office Memorandum

Subject: Holding of Pension Adalats on 18th September, 2018

The undersigned is directed to refer to D.O letter No. 42/11/2018-P&PW(G) dated 1ot July, 2018 from Secretary, Ministry of Personnel, Public Grievances & Pensions to the Secretaries of all Ministries/Departments with a appeal to hold Pension Adalats on September 18, 2018 with a objective of prompt and quick redressal of pensioners’ grievances. A copy of DO letter which is self explanatory is enclosed.

2. It is needless to mention that Pay and Accounts offices and Central Pension Accounting Office have a pivotal role in pension related matters, by organising pension adalats grievances of the pensioners can be minimised.

Therefore, all the Pr.CCAs/CCAs/CAs (with independent chrages) and Chief Controller ( P) are requested to extend wide publicity for Pension Adalat and suitably instruct their field PAOS/RPAOs/ZAOS to hold Pension Adalat on September 18, 2018.

3. Outcome of the Pension Adalats organised by your Ministry/Department may be intimated in the enclosed proforma.

Encl: as above

Sd/-
(Bhaskar Verma)
Joint. Controller General of Accounts

Source: http://cga.nic.in/

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Abolition of Contributory Pension Scheme

Not Possible to Revert Back to Old Pension Scheme
It is not possible for the government to revert back to old pension scheme – Minister replied in Parliament on 24.7.2018

Abolition of Contributory Pension Scheme

Representations have been received from various Associations of Government Employees on the problems being faced and the demand to withdraw the National Pension System (NPS).

The 7th Central Pay Commission (CPC) also in its report examined the issues related to NPS and made recommendations for addressing these issues. Pursuant thereto, it was decided to constitute a Committee of Secretaries to suggest measures for streamlining NPS. The Committee has submitted its report.

Due to rising and unsustainable pension bill and keeping in view of fiscal imperatives, it is not possible for the government to revert back to old pension scheme.

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Disbursement of Old Age, Disability and Widow Pensions

Ministry of Rural Development
Disbursement of Old Age, Disability and Widow Pensions

Posted On: 26 JUL 2018 5:59PM by PIB Delhi

Resolution of technical issues, if and when faced by the Banks, in dealing with assistance being disbursed through them is an ongoing process. No Bank has raised any issue related to any specific training requirement for their human resources for handling the pension issues.

Government has adopted the Direct Benefit Transfer (DBT) Scheme for direct transfer of benefit into the bank/post office accounts of beneficiaries of schemes under National Social Assistance Programme (NSAP). Instructions have been issued to the States for getting the due consent for seeding the Aadhaar details. Instructions also mention that disbursement of pension of any beneficiary could not be affected due to non-availability of Aadhaar number. Further, NSAP guidelines provide that given their physical, social and economic vulnerability, States should ensure that an infirm/old beneficiary will not have to travel far distance to access his/her pension account. As far as possible, for people who cannot cover distance physically, the objective is to provide door step delivery.

Several Banks in many states are using the services of Bank Sakhi’s coming from self help groups to provide cost effective solutions for delivery of pensions at home.

This information was provided by the Minister of State for Rural Development, Shri Ram Kripal Yadav today in a written reply to a Lok Sabha question.

PIB

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Scheme of Pension to Meritorious Sportspersons

Scheme of ‘Pension to Meritorious Sportspersons’

Ministry of Youth Affairs and Sports
Pension to Sportspersons

Minister of State (Independent Charge) for Youth Affairs and Sports Col. Rajyavardhan Rathore has said that government gives lifelong pension under the Scheme of ‘Pension to Meritorious Sportspersons’, sportspersons who have won medals for the country in the international competitions only and have retired from active sports. In a written reply in Lok Sabha today, the Minister said at present, 588 Sportspersons are getting pension. The rate of pension has been revised with effect from 1.4.2018. The rate of pension has been doubled of the rates of pension existing earlier.

The revised rates of pension with effect from 1.4.2018 are as under:

S. No. Category of meritorious sportspersons Rate of Pension
(Rs./per month)
1 Medallists at the Olympic Games / Para Olympic Games 20,000
2 Gold medallists at the World Cup/World Championship* in Olympic and Asian Games disciplines 16,000
3 Silver and Bronze medallists at the World Cup in Olympic and Asian Games disciplines 14,000
4 Gold medallists of the Asian/ Commonwealth Games/Para Asian Games 14,000
5 Silver and Bronze medallists of the Asian/Commonwealth Games/ Para Asian Games 12,000

World Cup/World Championship held once in four year only shall be considered.

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Reversion to old pension scheme

Reversion to old pension scheme

Ministry of Personnel, Public Grievances & Pensions
Reversion to old pension scheme

In accordance with the scheme for National Pension System (NPS), as notified vide Ministry of Finance (Department of Economic Affairs)’s Notification No. 5/7/2003-ECB & PR dated 22.12.2003, the System is mandatory for all new recruits to the Central Government service (except armed forces) from 01.01.2004.

Accordingly, as per Rule 2 of the Central Civil Services (Pension) Rules, 1972, as amended on 30.12.2003, these rules are applicable to Government servants appointed to civil posts on or before 31.12.2003. The date on which the vacancies arose or the date on which the examination was conducted for filling up the vacancies is not relevant for deciding the applicability of the Central Civil Services (Pension) rules, 1972.

Ministry of Home Affairs have not sought any advice from Department of Pension and Pensioners Welfare on the question of having a policy to cover the paramilitary personnel appointed after 01.01.2004 under the Old Pension Scheme on the ground that the vacancies arose, or the examination was conducted, in the year 2003. However, a reference was received from Ministry of Home Affairs in a specific case relating to appointments as Sub-Inspector in various Central Para Military Forces after selection in August, 2003 on the basis of an Examination conducted in 2002.

Appointments on the basis of these selections were made in Central Reserve Police Force in 2003 and the candidates appointed were covered by the pension scheme under Central Civil Service (Pension) Rules, 1972. However, in the Border Security Force, offers of appointment on the basis of the same examination/selection were issued in January, 2004.

On a petition filed by some personnel appointed in the Border Security Force on the basis of that examination, Hon’ble High Court of Delhi directed to cover the petitioners under the Central Civil Service (Pension) Rules, 1972 on the grounds of administrative delay on the part of Border Security Force in making appointments.

The order of Hon’ble High Court of Delhi was implemented by the Ministry of Home Affairs/Border Security Force in view of the peculiar circumstances of that case. The decision taken in that case is, however, not relevant for deciding applicability of Central Civil Service (Pension) Rules to all appointments made on or after 01.01.2004 in the Central Para Military Forces or in any other Department/organization on the basis of year of examination/selection.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, DrJitendra Singh in written reply to a question in Rajya Sabha today.

PIB

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Procedure for extending the benefits of Old GPF / Pension Scheme to those casual workers covered under the Scheme of 1993 and regularized on or after 01.01.2004

Old GPF / Pension Scheme to those casual workers regularized on or after 01.01.2004 – Procedure for extending the benefits: Instructions by CPAO

CPAO

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066

CPAO/IT&Tech/Clarificarion/P&PW/13 (Vol-III)/2018-19/68

13.07.2018

Office Memorandum

Subject : Procedure for extending the benefits of Old GPF / Pension Scheme to those casual workers covered under the Scheme of 1993 and regularized on or after 01.01.2004.

It has been observed that the pension cases of casual labour who were regularized on or after 01.01.2004 and eligible for old GPF/Pension Scheme vide DOPT OM No.49014/2/2014-Estt(C) dated 28.07.2016 have not been processed by the concerned Ministries/Departments. In order to avoid the hardship to the pensioners all the Ministries/Departments/PAOs have been requested to finalise the pension cases of the pensioners after following the procedure below:

1) Deptt. may issue the order that the old GPF Scheme/ Pension Scheme is applicable to the concerned official.

2) CPAO may be requested through concerned Pay & Accounts Office to stop Provisional Pension after cancellation of PPO, if issued.

3) NSDL may be requested by the concerned PAO to deposit the NPS subscription, Govt. Contribution plus interest thereon into the Govt. Account through ERM of NSDL.

4) On receipt of the amount it may be classified by the concerned PAO as below:

Sl.No Component Head of Account
i) Adjustment of employee’s contribution in Accounts Amount may be credited to the individual,s GPF Account and the account may be recast permitting upto date interest as applicable from time to time (FR-16 & Rule 11 of GPF Rule)
ii) Adjustment of Government contribution under NPS in Accounts To be accounted for as [-) Dr.to object Head “70 Deduct Recoveries under major Head 2071 – Pension and Other Retirement Benefits” and Minor Head “911 Deduct Recoveries of Overpayment” (Para 3.10 of List of Major Minor Heads)
(iii) Adjustment of increased value of subscription account of appreciation of investment May be accounted for by crediting the amount to Govt. Account under Major Head “0071- Contribution and Recoveries towards pension and Other Retirement Benefits” and Minor Head “800-Other Receipts”.
(Note under the above Major Head in List of Major Minor Heads)

5) GPF and Pension case of the concerned official may be processed as per the GPF Rules and CCS (Pension) Rules, 1972 after adjusting the Provisional Pension paid to the pensioner, if paid.

This issues with the approval of the Chief Controller (Pensions).

(Praful Dabral)
Sr. Accounts Officer (IT & Tech)

Source: cpao.nic.in

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Minutes of the 30th SCOVA meeting held under the Chairmanship of Honorable MOS(PP) on 23.03.2018

Minutes of the 30th SCOVA meeting held on 23.03.2018 at Vigyan Bhawan Annexe, New Delhi

30th SCOVA meeting

F.No. 42/05/2018-P&PW(G)
Government of India
Ministry of Personnel, P.G and Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Date:- 14 June, 2018

CORRIGENDUM

Sub: Minutes of the 30th SCOVA meeting held under the Chairmanship of Honorable MOS(PP) on 23.03.2018, at Vigyan Bahwan Annexe, New Delhi-reg.

Reference is invited to this Department’s OM of even No. dated 25th April, 2018 on the subject cited above and to say that at Sl No.11 of the “List of Participants-Pensioners Associations” the word “Gwalior” may be read as “Mysore, Karnataka”.

sd/-
(Charanjit Taneja)
Under Secretary to the Government of India

Source: http://www.pensionersportal.gov.in/

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Pensions: Non receipt of e-PPOs

Regarding Non receipt of e-PPOs

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 601

Dated: 06.07.2018

To,

The O I/C
Records/PAO (ORs)

Subject:- Non receipt of e-PPOs – reg.

Reference:- This office Circular No. 588 dated 20.10.2017, Circular No. 590 dated 06.11.2017 and Circular No. 595 dated 25.01.2018.

Office of the PCDA(P) Allahabad has started issuing e-PPOs for all categories of pensioners. A new PPO series was also introduced for various types of e-PPOs and subsequently range of modifications took place while adopting the process.

2. Copies of digitally signed e-PPOs are being sent electronically to PDAs and to Record Offices (ROs) concerned in case of JCOs/ORs . The RO, after scrutinising and checking the e-PPO, is required to forward a hard copy of the e-PPO (after printing from the PDF file) along with Descriptive Roll of the pensioners to PDA concerned. Record Offices (ROs) are also required to provide a copy of the e-PPO to the Armed Forces Pensioners/ Family Pensioners for their record either as a hard copy or through an e-mail as deemed fit.

3. After issuance of e-PPOs by this office, the e-PPOs are immediately forwarded to Record Offices concerned through DPCC (Defence Pension Contact Centre) functioning in the office premises of the PCDA (Pensions) Allahabad.

4. However, it has been noticed that the Record Offices (ROs) and the pensioners/family pensioners are not receiving e-PPO on time thereby causing delay in receipt of pension and other pensionary benefits.

5. In view of the above, all Record Offices are requested to instruct their representative/s to contact the DPCC (Defence Pension Contact Centre) functioning in the office premises of the PCDA(Pension) Allahabad for collection of e-PPOs issued by this office in soft copy viz. Compact Disk (CD) or in Pen Drive. Discrepancy observed in the e-PPO, if any, may be immediately brought to the notice of this office for necessary action at this end. For any query regarding collection of e-PPO, please contact Lt. Col. Palani S, Officer I/C, DPCC (E-Mail ID : dplc1pcdap@gmail.com, Phone: 0532- 2423486, Army Line : 6219).

6. Further, Record Offices are requested to ensure that e-PPOs are collected and despatched timely to PDAs alongwith Descriptive Roll so that payment of pensionary benefits are made to the pensioners/family pensioners in time.

7. This circular has been uploaded on official website of this office www.pcdapension.nic.in.

(Sushil Kumar Singh)
Jt. CDA(P)No. Gts/Tech/7th CPC/0181/Vol-VI
Dated: 06.07.2018

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