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Cabinet approves revised salaries, gratuity, allowances and pension for the Judges of the Supreme Court and the High Courts

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Cabinet approves revised salaries, gratuity, allowances and pension for the Judges of the Supreme Court and the High Courts

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The Union Cabinet chaired by the Prime Minister Narendra Modi has approved the revision in the salaries, gratuity, allowances, pension etc. of the Judges of the Supreme Court and the High Courts and retired Judges of Supreme Court and High Courts. It follows the implementation of recommendations of the 7th Central Pay Commission in respect of Civil Servants.

The approval will pave the way for necessary amendments in the two laws viz. Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 and High Court Judges (Salaries and Conditions of Service) Act, 1954, which govern the salaries of Chief Justice of India (CJI), Judges of Supreme Court of India, Chief Justices and all Judges of High Courts.

The increase in the salary and allowances etc. will benefit 31 Judges of Supreme Court of India (including the CJI) and 1079 Judges(including the Chief Justices) of High Courts. Besides, approximately 2500 retired Judges will also be benefited on account of revision of pension/gratuity etc.

Arrears on account of revised salaries, gratuity, pension and family pension w.e.f 01.01.2016 will be paid as one time lump sum payment.

Background:

Salaries, gratuity, pension, allowances etc. in respect of Judges of Supreme Court are governed by the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. Salaries etc. of Judges of High Courts are governed by High Court Judges (Salaries and Conditions of Service) Act, 1954. An amendment in the Acts is required whenever there is any proposal for revision of salaries/pension gratuity, allowances etc. in respect of Judges of Supreme Court and High Courts. Therefore, Government proposes to move a Bill in the Parliament in the ensuing Session for amendment in the relevant Acts for giving effect to the revision of salaries and allowances.

PIB

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Be the first to comment - What do you think?  Posted by admin - November 22, 2017 at 9:33 pm

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7th CPC – Revision of provisions regulating Pension/ Gratuity/ Commutation of Pension/ Family Pension

7th CPC – Revision of provisions regulating Pension/ Gratuity/ Commutation of Pension/ Family Pension

No. 17(02)/2016-D(Pen/Pol)

Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi
Dated 4th September 2017

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Sub: Implementation of the Government decision on the recommendations of the Seventh Central Pay Commission – Revision of provisions regulating Pension/ Gratuity/ Commutation of Pension/ Family Pension including pensionary awards notified in terms of Casualty pensionary awards in respect of Commissioned Officers, Junior Commissioned Officers Other Ranks, Retiring or dying in harness on or after 1.1.2016.

Sir,

The undersigned is directed to refer to the Government’s decisions on the recommendations of the Seventh Central Pay Commission notified vide Government of India, Ministry of Defence, Department of Ex-Servicemen Welfare Resolution bearing No 17(l)/2014/D(Pension/Policy) dated 30.9.2016, recommendations of National Anomaly Committee on methodology for calculation of disability element for Defence Forces and Ministry of Personnel, Public Grievances and Pension, Department of Pension” and Pensioners’ Welfare Office Memorandum No. 38/37/2016 – P&PW(A) (i) dated 4.8.2016 as modified vide OM F No 42/14/2016-P&PW(G) dated 24.10.2016. Sanction of the President is hereby accorded for modification in the rules regulating Pension, Family pension, Retirement/ Death/Service Gratuity, Commutation of pension, pensionary awards under casualty pensionary awards including Ex-gratia lump sum compensation in cases of invalidment etc., to the extent specified in this letter.

2. The provisions of the Pension Regulations, 2008 of Army and various Services Regulations, Instructions and Government Orders issued by this Ministry from time to time, which are not affected by the provisions of this letter, shall remain unchanged.

3. DATE OF EFFECT

3.1 The revised provisions of this letter shall apply to the Commissioned Officers (including MNS and Territorial Army Officers), Junior Commissioned Officers and Other Ranks of the three Services, Non-Combatants (Enrolled) in the Air Force, Defence Security Corps and the Territorial Army (hereinafter collectively referred to as Armed Forces Personnel) who retired/discharged! released/invalided out or died in harness on or after 1.1..2016. Separate orders have already been issued in respect of Armed Forces Personnel who retired/died before 1.1.2016.

3.2 Where Pension! Family Pension/ Death Gratuity/ Retirement Gratuity/ Commuted Value of Pension or pensionary awards under casualty pensionary awards has already been sanctioned provisionally, or otherwise, in cases of retirement/death occurring on or after 1.1.2016, the same shall be revised in terms of these orders. In cases where pension has been finally sanctioned under the pre-revised orders and if it happens to be more beneficial than the pension becoming due under these orders, the pension already sanctioned shall not be revised to the disadvantage of pensioner.

4. RECKONABLE EMOLUMENTS

4.1 The term ‘ Reckonable Emoluments’ for the purpose of calculating various-pensionary benefits other than various kinds of Gratuities, shall consist the following-

4.1.1 Commissioned Officers: Pay in the Pay Matrix, Military Service Pay and Non Practicing Allowance, if any, last drawn by the officer (Refer – Army Officer Pay Rules-2016, Air Force Officer Pay Rules-2017, Navy Officer Pay Regulations-2017 as may be the case)

4.1.2 Junior Commissioned Officers & Other Ranks: Pay in the Pay Matrix, Military Service Pay, and ‘X’ Group Pay & Classification Allowance, if any, last drawn by the JCOs/ORs “(Refer – Army Pay Rules-2017, Air Force Pay Rules-2017, Navy Pay Regulations-2017 as may be the case).

4.2 For calculation of all kinds of gratuities, dearness allowance admissible on the date of retirement/discharge/invalided out/death, shall continue to be treated as part of emoluments along with the emoluments as defined in para 4.1 above.

4.3 SPECIAL PROVISIONS FOR THOSE WHO OPTED TO CONTINUE T.O DRAW PAY IN THE PRE-REVISED SCALE OF PAY

4.3.1 Those who have elected to continue to draw pay in the pre-revised scale of pay and have retired/ discharged/ invalided out of service on or after 1.1.2016, “their pension and gratuity, as applicable, shall be calculated under the rules in force immediately before coming into effect of these-orders”.

4.3.2 The term ‘Reckonable Emoluments’ for the purpose of pensionary benefits under this Para 4.3.1 shall be the same as defined in para 3.1 of this Ministry’s letter No 17(4)/2008(2)/ D(Pen/Pol) dated 12.11.2008 and shall also include Dearness Allowance notified under Sixth CPC Pay structure.

4.3.3 Entitlement of gratuity shall be determined, under the order in force-immediately before coming into effect of these orders subject to the maximum ceiling as prescribed in Para 8 of this Ministry’s letter No. 17(4)/2008(2)/D (Pen/Pol) dated 12.11.2008.

4.3.4 Family Pension shall also be allowed in accordance with orders applicable prior to the issue of these orders.

4.4 In the case of Commissioned Officers and JCOs/ORs who have opted for the revised pay structure and have retired/discharged within 10 months from the date of coming over to the revised pay structure, the average emoluments for 10 months period preceding retirement/discharge will be calculated by taking into account pay as follows:-

 

(a) For the period during which pay is drawn in the revised pay

Pay drawn in the prescribed Pay Matrix plus structure Military Service Pay, ‘X’ Group pay and whole of Classification Allowance (where applicable in case of JCOs/ORs) and Non Practicing Allowance, if any.

(b) For the period during which pay was drawn in the pre-revised pay scales

Pay determined after applying multiplying factor of 2.57 to the sum of existing pay in the Pay Band, Grade Pay, Military Service Pay, ‘X’ Group Pay (in case of JCOs/ORs) and NPA, if any, drawn during the relevant period plus whole of classification allowance, if an ,drawn by JCOs/OR.

5. QUALIFYING SERVICE

5.1 The minimum period of qualifying service prescribed for earning various kind of pension and gratuity by Defence Forces personnel, shall continue as hithertofore. There shall also be no change in the provisions for determining reckonable qualifying service for calculating pension and gratuity.-

6.PENSION

6.1 Subject to para 6.2, there shall be no change in the provisions regulating the amount of pensions including pension determined under casualty pensionary awards. However, the provisions for determining pension based on, notional maximum of pre-revised pay scale in respect of JCOs/OR, shall be discontinued.

6.2 The amount of pension shall be subject to a minimum of Rs 9,000/- and the maximum pension would be 50% of highest pay in the Government (the highest pay in the Government is Rs 2,50,000/- with effect from 1.1.2016). However, the maximum ceiling’shall be applicable only in the case of Service/Retiring Pension, Service element of Disability/ Liberalized disability/ War Injury Pension and Ordinary Family Pension. The said ceiling is not applicable in the cases of Disability/ Liberalized Disability/ War injury element, being authorized under casualty pensionary awards.

6.3 The quantum of additional pension/family pension available to the old pensioners/family pensioners shall be continue to be as follows-

Age of pensioner / family pensioner

Additional quantum of pension

From 80 years to less than 85 years

20% of revised basic pension/ family pension

From 85 years to less than 90 years

30% of revised basic pension /family pension

From 90 years to less than 95 years

40% of revised basic pension / family pension

From 95 years to less than 100 years

50% of revised basic pension / family pension

100 years or more

100% of revised basic pension/ family pension

The Pension Sanctioning Authorities should ensure that the date of birth and the age of a pensioner! family pensioner, are invariably indicated in the Pension Payment Order to facilitate payment of additional pension by the Pension Disbursing Agencies as soon as it becomes due. Dearness relief shall also be admissible on the additional pension available to old pensioners/family pensioners.

Note: The additional pension payable to old pensioners/ family pensioners of 80 years of age and above shall also be applicable to old pensioners/ family pensioners of 80 years of age and above in receipt of War injury pension! Disability pension/ Liberalized family pension! Special family pension.

7.GRATUITY

7.1 The maximum limit of all kinds of Gratuity is. Retiring/ Retirement /Service Invalid/ Special/ Terminal/ Death Gratuity shall be Rs. 20 lakhs. This ceiling on gratuity shall be increased by 25% whenever the Dearness Allowance rises by 50% of the basic pay.

7.2 DEATH GRATUITY

The rates for payment of death gratuity shall be as under:

Length of qualifying service

Rate of Death Gratuity

Less than One year

2 times of monthly emoluments

One Year or more but less than 5 years

6 times of monthly emoluments

5 years or more but less than 11 years

12 times of monthly emoluments

11 years or more but less than 20 years

20 times of monthly emoluments

20 years or more

Half month’s emoluments for every six monthly period of qualifying service subject to a maximum of 33 times of emoluments.

8.FAMILY PENSION

8.1 Subject to para 8.2, there shall be no change in the provisions regulating the amount of various kinds of family pensions including family pension determined under casualty pensionary awards and additional family pension applicable to old family pensioners.

8.2 . The amount of all kind of family pension shall be subject to a minimum of Rs 9,000/-. The maximum amount of normal rate and enhanced rate of ordinary family pension shall be 30% and 50% respectively of highest pay in the Government which is Rs 250,000/- with effect from 1.1.2016. The maximum ceiling is, however, not applicable in the cases of Special Family! Liberalized Family Pension etc., applicable under casualty pensionary awards.

8.3 The dependency criteria for the purpose of family pension shall continue to be the minimum family pension along with Dearness Relief thereon.

9. Ex-GRATIA LUMP SUM COMPENSATION IN CASES OF INVALIDMENT

9.1 – The Ex-gratia lump Sum compensation to Defence Service personnel who are boarded but of service on account of disability/ war injury attributable to or aggravated by military service, shall be paid @ Rs 20 lakh for 100% disability subject to provisions as stipulated in this Ministry’s letter No. 2(2)/2011/D(Pea/Pol) dated 26.12.2011. For disability/ war injury less than 100% but not less than 20%, the amount of Ex-gratia compensation shall be proportionately reduced. No Ex-gratia lump sum compensation shall be payable for disability/ war injury less than 20%. The proportionate compensation would be based on actual percentage of disability as certified by the Invaliding Medical-Board, without applying broad banding provisions as contained in Para 7.2 of this Ministry’s letter No 1(2)!97/D(Pen-C) dated 31.01.2001.

10.BROAD-BANDING OF PERCENTAGE OF DISABILITY/WAR INJURY ON DISCHARGE

10.1 Where an Armed Forces personnel is discharged/retired under the circumstances mentioned in Para 4.1 of this Ministry’s letter No l(2)/97/D(Pen-C) dated 311.2001 with disability including cases covered under this Ministry’s letter “No 16(5)/2008/D(Pen/Policy) dated 29.9.2009 and the disability/ war injury has been accepted as 20% and more, the extent of disability or functional incapacity shall be determined in the manner prescribed in Para 7.2 of said letter dated 31.1.2001 for the purpose of computing disability/war injury.

10.2 Rates for calculation of disability where composite assessment is made due to existence of disability, as well as war injury, shall be determined in terms of provision contained in Para 3(b) of Ministry’s letter No. 16(02)/2015-D(Pen/Pol) dated 8th August 2016.

11. EX-GRATIA AWARDS TO CADET (DIRECT)

11.1 In cases of disablement ! death, following Ex-gratia award shall be payable subject to the same conditions as hitherto in force in the event of invalidment on medical ground / death of a Cadet (Direct) due to causes attributable to or aggravated by military training.

11.1.1 Monthly Ex-gratia amount of Rs 9,000/- per month.

11.1.2 In cases of disablement, Ex-gratia disability award @ Rs 16,200/- per month shall be payable in addition for 100% of disability during period of disablement subject to prorata reduction in case the degree of disablement is less than 100%. No disability award shall be payable in cases where the degree of disablement is less than 20%.

11.1.3 In cases of death, Ex-gratia amount of Rs 12.5 Iakhs.

11.1.4 The Ex-gratia awards to Cadets (Direct)! NoK, shall be sanctioned purely on ex-gratia basis and the same shall not be treated as pension for any purpose.

However, dearness relief at applicable rates shall be granted on monthly ex-gratia as well as ex-gratia disability award.

12.CONSTANT ATTENDANT ALLOWANCE (CAA)

12.1 “Constant Attendant Allowance shall continue to be admissible under the condition as hithertofore at the existing rate from 1.1.2016 to 30.06.2017. However, it shall be admissible at the uniform rate of Rs. 6750!- per month, irrespective of the rank with effect from 1.7.2017.”

13.COMMUTATION OF PENSION:

13.1 There shall be no change in the provisions relating to commutation values, the limit upto that the pension can be commuted or the period after which the commuted pension is to be restored.

13.2 The pensioners who have retired between 1.1.2016 and date of issue of orders for revised pay/ pension based on the recommendations of the 7th CPC, shall have an option, in relaxation of provisions of relevant Pension Regulations, not to commute the pension which has become additionally commutable on retrospective revision of pay / pension on implementation of recommendations of the 7th CPC, Option form to be used for this purpose shall be prescribed by the PCDA (Pension), Allahabad along with their implementation instructions.

13.3 The option may be invited only from those who Want to commute their pension which has become additionally commutable as per Para 13.2 above and no commutation shall be allowed as a default. In such cases, RO/HOO/PSAs will finalize the cases without waiting for Option for commutation of additional pension and such option, if any, received later on (within four months from the date of issue of this letter) may be processed separately for additional commutation. Option for additional commutation on the basis of revised pension once exercised would be final and in no case it would be entertained at a later stage. Service Hqrs may be deputed as Nodal agencies to carry out such exercise with the respective ROs for the speedy implementation of work and forward such cases to PSAs.

GENERAL INSTRUCTIONS

14. The amount of various pensionary awards admissible in terms of this order, shall be round-ed off to the next higher rupee by the Pension Sanctioning Authorities.

15.If the amount of any monthly pension! family pension admissible under the provisions of this letter works out to be less than Rs 9,000/- per month, it shall be stepped up to Rs 9,000!- per month and authorized for payment at this rate.

16.The pension/ family pension notified in terms of these orders from 1.1.2016 or thereafter, shall qualify for dearness relief sanctioned by the Government from time to time in accordance with the relevant rules! instructions.

PROCEDURE FOR SANCTION OF’REVISED PENSION TO THOSE WHO HAVE ALREADY RETIRED

17. For revision of pensionary awards as per provisions of this letter in respect of Armed Forces personnel who have already retired/ discharged/ invalided out/ died on or after 1.1.2016 and in whose cases, pensionary benefits at pre-revised rates have already been notified, the Record Offices concerned in case of JCOs/ORs and PCDA(O) Pune/ Naval Pay Office Mumbai/ AFCAO, New Delhi, as the case may be in respect of commissioned officers, will initiate and forward revised LPC-cum-Data Sheet as prescribed by PCDA(Pensions), Allahabad, to their respective Pension Sanctioning Authorities (PSAs) for issue of Corrigendum PPOs notifying the revised pensionary awards. Further, implementation instructions to all concerned, shall be issued by PCDA (Pensions), Allahabad immediately on receipt of these orders.

18. Pension Regulations of the three Services, shall be amended in due course.

19. This issues with the concurrence of the Finance Division of this Ministry vide their ID Note No.10(03)/2017/Fin/Pen dated 30.08.2017.

20.Hindi version will follow.

 

Yours faithfully

S/d,
(Manoj Sinha)
Under Secretary to the Government of India.

Be the first to comment - What do you think?  Posted by admin - September 5, 2017 at 10:02 pm

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What are the expectations of Pensioners – PCDA listed 15 points

What are the expectations of Pensioners – PCDA listed 15 points

Expectation From Pensioner

1. Timely Submission of Pension Claims:Application for grant of pension /gratuity /commutation/revision should be submitted to Head of Office/RO concerned. The application should be submitted well in advance so that it reached the PCDA (P) Allahabad office (through HOO) at least three months before the date of your retirement. Only then it can be ensured that the Pension Payment Order (PPO) reaches you (through your HOO/RO) before your retirement.

2. Reminder /queries to know status of a claim: There is thirty days drill for PCDA (P) office for notification of pension/Family Pension (and 60 days drill for Disability/WIP cases). Therefore once a pension claim is sent to the PCDA (P) office, reminders/FAX /queries regarding that claim should not be sent for atleast 35 days (65 days for Disability /WIP cases) from the date your claim is sent by your RO/HOO to PCDA (P). The queries should be sent to the officer-in charge of that section (which can be seen from ‘Organisational structure’ on this Website along with the references/letter number under which claim submitted.

3. Check the PPO: On receipt of an intimation memo relating to notification of your pensionary awards/copy of PPO, you should check that the pensionary awards have been notified correctly as per extent rules.

4. Corrections required in your PPO: If you feel that some correction is required in your PPO, you should contact your RO/Head of Office /Pension Disbursing Agency (PDA) for taking up the matter with Principal Controller of Defence Accounts (Pensions), Allahabad.

5. In case of anychange in your residential address , you should send an intimation to your PDA/HOO/RO

6. Annual identification: For Annual identification you should appear before your PDA/submit Life Certificate failing which your pension may be stopped.

7. Loss of PPO: Where the P.P.O.(Pension Payment Order) notifying your pensionary awards has been lost you should make a request to your P.D.A. to furnish a Loss Certificate to the P.C.D.A.(P) to obtain a duplicate copy of P.P.O.

8. In case of re-employment in any Central or State govt./Autonomous bodies/Public Sector Undertaking, the full facts of re-employment should be given by you to your PDA (Pension Disbursing Authority) immediately after re-employment occurred. In case of non-re-employment, a declaration to this effect may be given to your PDA, once in a year in the month of May positively.

9. Details of family, post discharge changes: In case you have married after retirement or have children born after retirement , please furnish full details with relevant certificates to your RO/HOO. In case the joint notification of your Family Pension is not done, please ensure that same is done immediately. You can take up the issue through your RO/HOO with the PCDA(P) or other Pension Sanctioning Authority (PSA)

10. In case there is a handicapped child, the details of your family members including the name of handicapped child should be given to your RO/HOO and an acknowledgment should be obtained.

11. In the event of conviction by a court of law, full facts of the case should be reported to the PDA/P.C.D.A.(P).

12. Change of PDA: If you desire to draw your pension from another paying agency you should make a request to your current PDA for transfer of your pension account to the PDA from where you now desire to draw your pension. No reference is required to be made to the Pension Sanctioning Authority i.e. P.C.D.A(P), Allahabad for change of PDA.

13. References to PCDA(P) Office: If you desire to make a reference to the office of PCDA(P), Allahabad on any issue, please quote your PPO No,(under which your PPO was originally sanctioned, and also latest Corrigendum PPO number) apart from other details .

14. For restoration of commuted portion of pension after 15 years, from the date of receipt of commuted value of pension, please apply to the PDA on the prescribed form as PCDA (P) has got no role in this regard.

15. Please nominate the person to whom you want to authorise Life Time Arrear on your demise and submit the nomination form to your PDA. In case you want to change it please submit a change nomination form to your PDA to avoid hardship to your nominee to get the amount of Life Time Arrear .

Be the first to comment - What do you think?  Posted by admin - June 23, 2017 at 2:43 pm

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HEC: Non-payment of gratuity and arrears by Heavy Engineering Corporation

Non-payment of gratuity and arrears by HEC

Department of Heavy Industry has been receiving complaints of non-payment of gratuity and pay revision arrears by the Heavy Engineering Corporation (HEC), Ranchi to its retired employees. These complaints are forwarded to the Company for appropriate action and redressal of grievances.

As reported by HEC, twenty such complaints have been received by them through the Department during the last two years.

HEC has informed that the payment of gratuity to employees separated upto 31st March, 2014 has already been done except in a few deficient cases, due to specific technical reasons. Outstanding liabilities on account of gratuity payable to retired employees are Rs.50.28 crore. The same hasn’t been paid due to acute financial crisis faced by the Company. However, in case of daughter’s marriage, medical treatment of self and spouse, children’s higher education and remittance of bank’s outstanding loans, part payment of gratuity to ex-employees is being done, as per availability of funds.  Regarding the payment of arrears on account of wage revision 1992 & 2007, a total of Rs.3.71 crore and Rs.24.70 crore (Approx.) respectively are outstanding.

HEC is a company registered under the Companies Act, with a separate legal identity under the Law. The Company is primarily responsible for managing all its affairs independently including meeting expenses related to its employees. Government of India being promoter of the company, has provided financial assistance to the Company in past from time to time in the form of loan, with a view to mitigate the hardship faced by their retired employees due to non-payment of gratuity timely. In the year 2014-15, a loan of Rs.47.89 crore was provided to the company for settlement of outstanding statutory dues (like gratuity etc.) of its employees.

This information was given by Minister of State in the Ministry of Heavy Industries and Public Enterprises Shri Babul Supriyo in reply to a written question in the Lok Sabha today.

Source: PIB

Be the first to comment - What do you think?  Posted by admin - March 15, 2017 at 9:58 pm

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Central government to change the ceiling for tax free gratuity

Cabinet nod likely to double gratuity cap to Rs 20 lakh
Besides, the bill seeks to enable the central government to change the ceiling for tax free gratuity after factoring in rise in income levels by an executive order bypassing Parliament route to amend the law.

The Union Cabinet is likely to consider tomorrow a draft amendment bill which seeks to double the ceiling of tax-free gratuity to Rs 20 lakh under the Payment of Gratuity Act.

Besides, the bill seeks to enable the central government to change the ceiling for tax free gratuity after factoring in rise in income levels by an executive order bypassing Parliament route to amend the law.

“The bill to amend the Payment of Gratuity Act is likely to be considered and approved by the Union Cabinet in its meeting scheduled tomorrow,” a source said.

After the amendment in the Act, formal sector workers would be eligible for up to Rs 20 lakh tax-free gratuity. Last month, the central trade unions had agreed on the proposal in a tripartite consultation with the Labour Ministry.

However, the unions had demanded the removal of conditions asking to have at least 10 employees in an establishment and minimum five years of service for payment of gratuity.

At present, as per the Payment of Gratuity Act, an employee is required to do minimum service of five years to become eligible for gratuity amount. Moreover, the Act applies to those establishments where the number of employees is not less than 10.

Trade unions had demanded that the amended provision regarding maximum amount should be made effective from January 1, 2016, as done in the case of central government employees.

Besides that rate of 15 days wages for each completed year of service be raised to 30 days wages, the unions had said during the tripartite meeting.

The proposed amendment to the Payment of Gratuity Act as circulated by the government only deals with enhancing the ceiling of maximum amount under Section 4(3) of the Act from Rs 10 lakh to Rs 20 lakh.

The proposed amendment is being brought to bring the maximum ceiling amount to Rs 20 lakh in line with the 7th Central Pay Commission’s recommendations as accepted by the government.

The relevant amendment for central government employees was notified on July 25, 2016 and the enhanced amount ceiling was made effective from January 1, 2016.

The unions were of the view that the delay of eight months for employees covered under the Payment of Gratuity Act should not result in adversely affecting the interest of the concerned employees.

The employers as well as state representatives had also agreed to the proposal of raising the amount of gratuity to Rs 20 lakh in the tripartite meeting held last month.

Source: Money Control

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AIBEA: Retirement Gratuity Ceiling hiked to Rs.20 lakh for bank employees and officers

AIBEA: Retirement Gratuity Ceiling hiked to Rs.20 lakh for bank employees and officers

Joint Ciruclar on Gratuity Ceiling

CIRCULAR TO ALL UNITS & MEMBERS

March, 2, 2017

Dear Comrades,

Improvements in Gratuity under Gratuity Act

Our units are aware that Gratuity is one of the important retirement benefits for the bank employees and officers. In all Banks ( except SBI ), Gratuity is paid as per formula under BPS/OSR or under the Gratuity Act whichever is higher. (In SBI, Gratuity is payable under the Act only).

While there is no ceiling for Gratuity under BPS/OSR, under the Act, there is a ceiling which is at present Rs. 10 lacs. (from 25-5-2010). When an employee or officer retires from the Bank, his/her Gratuity entitlement would be calculated both under the Act and under BPS/OSR and the higher of the two will be paid.

For example, a senior substaff/Daftary retiring after 40 years’ service would be eligible for ( approx.) Rs. 5 lacs under BPS and Rs. 8 lacs under the Act and hence would be paid Rs. 8 lacs as Gratuity.

A senior Clerk/Special Asst. would be eligible for Rs. 9.50 lacs under the BPS and Rs. 10 lacs under the Act and hence would be paid Rs. 10 lacs.

A senior General Manager of a Bank retiring after 40 years’ service would be eligible for Rs. 17 lacs under the OSR and Rs. 10 lacs under the Act and hence would be paid Rs. 17 lacs.

Due to continued inflationary trend and erosion in value of rupee, AITUC and all other Central Trade Unions have been demanding improvement/removal of ceiling under the Gratuity Act. Due to their effort, the ceiling was increased from Rs. 1 lac to Rs. 2.50 lacs, and then to Rs. 3.50 lacs and to Rs. 10 lacs in May, 2010. They have been demanding for removal of ceiling on Gratuity under the Act.

AITUC and Central Trade Unions have been pursuing this issue for the last more than 4 years through various programmes and struggles.

Bank News

Thus AIBEA and AIBOA have been part and parcel of all these programmes and strikes on the 12 Points Charter of Demands of the Central Trade unions which includes the demand for improvement in Gratuity Act.

AITUC and Central Trade Unions have been following up these demands with the Government and as a result, recently on 23-2-2017, the Central Government called for a Tripartite meeting on the issue of revising the ceiling on Gratuity. From AITUC, its Secretary, Com D L Sachdev participated and put forth the following suggestions.

i) While there should be no ceiling for Gratuity, as an interim measure, Government’s proposal to increase in ceiling of Rs. 20 lacs can be accepted.
ii) The revised ceiling should be made effective from January, 2016.
iii) Minimum service of 5 years for eligibility for Gratuity to be removed.
iv) Gratuity to be paid at 30 days wage per year instead of 15 days wage as atpresent.
v) All factories/establishments to be covered by the Act irrespective of number of workers.

All these matters have to be finally cleared by the Labour Ministry and then by Finance Ministry and then to be brought to the Parliament for amendment to the Gratuity Act.

Units are aware that improvement in Gratuity Act has been one of the demands of our strike on 28-2-2017. We are in touch with the AITUC and will keep our units informed of any further development in this regard.

With greetings,

Yours comradely,
sd/-
S. NAGARAJAN
GENERAL SECRETARY
AIBOA

sd/-C.H. VENKATACHALAM
GENERAL SECRETARY
AIBEA

Source: AIBEA

Be the first to comment - What do you think?  Posted by admin - March 7, 2017 at 3:29 pm

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Implementation of the recommendations of the 7th Central Pay Commission : Revision of provisions regulating pension / gratuity / commutation of pension / family pension / disability pension / ex-gratia lump-sum compensation, etc

Implementation of the recommendations of the 7th Central Pay Commission : Revision of provisions regulating pension / gratuity / commutation of pension / family pension / disability pension / ex-gratia lump-sum compensation, etc

 

HEADQUARTERS
EMPLOYEES STATE INSURANCE CORPORATION
(An ISO 9001-2000 certified organisation)
PANCHDEEP BHAWAN C.I.G MARG New Delhi – 2

 

No.A-27/17/1/7th CPC/2016-E.III

Dated: 01.11.2016

MEMORANDUM

 Subject: Implementation of the recommendations of the Seventh Central Pay Commission – Revision of provisions regulating pension / gratuity / commutation of pension / family pension / disability pension / ex-gratia lump-sum compensation, etc.

 

Reference is invited to the following communication issued by Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners’ Welfare :-

 

1. F.No.38/37/2016-P&PW(A) dated 4th August, 2016.
2. F.No.38/37/2016-P&PW(A)(i) dated 4th August, 2016.
3. F.No.38/37/2016-P&PW(A)(ii) dated 4th August, 2016.

 

The above resolutions / references (may please be downloaded from Government portal) of the Govt. of India have been adopted by the ESI Corporation in its 169th meeting held on 6th September, 2016 and ratified by the Ministry of Labour & Employment as communicated vide their letter No.A-11014/01/2016-SS-I dated 25.10.2016 to make it applicable to the ESI Pensioners. Accordingly it is requested to take immediate necessary action for revision of pension/ family pension of the ESIC pensioners.

 

For revision of pension of pre 2016 pensioners/ family pensioner, there is no necessity for the pension disbursing authority to refer the case to the Hqrs Office for revision of pension. The pension disbursing authority i.e. the field units should initiate suo-moto action for revision of pension and payment of arrears as per the Govt. of India Orders dated 4th August, 2016. The instructions as contained in the Office Memorandum dated 4th August, 2016 may be gone through carefully and pension be fixed and arrears disbursed at the earliest.

 

In the case of post 2016 pensioners/ family pensioner i.e. pensioner who retired/ retires on or after 1.1.2016, the Field Unit should submit the revised pension proposal based on the instructions of the Govt. of India circulated vide letter dated 4th August, 2016 to the Accounts Branch-IV (Hqrs Office) for issue of revised PPO.

 

Accordingly they are advised to obtain the option letters from the Govt. servants in terms of Rule 5 of Central Civil Service (Revised Pay) Rules, 2016 and action may be taken to process their cases expeditiously. Arrears, difference in pension, commutation, gratuity etc. shall be payable to them after getting HQ Office specific sanction.

 

It is also intimated that above revision of pension is to be pre-audited and due prescribed procedures may be ensured in this regard.

 

Receipt of this Memorandum may kindly be acknowledged

 

Hindi version follows

(J.SRIVASTAVA)
ASSISTANT DIRECTOR

ESIC 7th Pay Commission Order

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Issues arisen consequent upon 7th CPC recommendations and Government decisions

Issues arisen consequent upon 7th CPC recommendations and Government decisions

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. IV/NFIR/7 CPC (Imp)/2016/MoF

Dated: 31/08/2016

The General Secretaries of
Affiliated Unions of NFIR

Dear Brother,

Sub: Issues arisen consequent upon 7th CPC recommendations and Government decisions -reg.

The affiliates are aware that the Indefinite Strike action from 11/07/2016 on Charter of demands mainly “minimum wage and multiplying factor” was deferred on official commitment given by the Government through Finance Ministry’s statement on 6th July, 2016 for constituting High Level Committee to examine the issues.

A committee under the Chairmanship of Additional Secretary (Expenditure) with Joint Secretary (Pers), Joint Secretary (Estt), Joint Secretary (Imp) as its members will deal the issues raised through a memorandum of JCM (Staff Side), submitted to the Empowered Committee, among them the major issues are “upward revision of Minimum wage as well Multiplying Factor”.

The 1st introductory meeting chaired by Addl. Secretary (Exp) was held on 30th August, 2016 at North Block, New Delhi attended by myself, S/Shri Shiva Gopal Mishra & M.S. Raja. In the preamble, we tried to impress upon the Addl. Secretary (Exp) the need for revision of minimum wage and Multiplying factor formula on the basis of facts and merits already presented by JCM (Staff Side). After brief discussion, it was agreed that another meeting of the Committee will be fixed to be held in consultation with the JCM (Staff Side).

We also met Cabinet Secretary, Government of India thereafter and conveyed our disappointment over the delay in sorting out important issues. The Cabinet Secretary has stated that orders have since been issued by the Government for payment of Gratuity to the employees governed by the NPS. He said that the Government has also issued orders revising the salary calculation limit to Rs. 7000/- for payment of Bonus/PLB w.e.f. 2014. The Cabinet Secretary has also assured to positively consider remaining pending issues.

The affiliates may please note that a meeting between the Standing Committee of JCM (Staff Side) and the Committee Chaired by Finance Secretary (Expenditure) will take place on 1st September, 2016 at North Block, New Delhi. In the said meeting the issues pertaining to the negative recommendations of 7th CPC on allowances and advances will be dealt.

Yours fraternally

sd/-
(Dr. M. Raghavaiah)
General Secretary

Source : NFIR

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Extend the benefit of Gratuity to all NPS Employees

Extend the benefit of Gratuity to all NPS Employees

IMPORTANT GOVT ORDER

A MAJOR VICTORY OF THE STRUGGLE OF CENTRAL GOVT EMPLOYEES:

Confederation of central Govt Employees & Workers have been continuously fighting against pension reforms implemented by Govt in tune with the neo-liberal policies and demanding SCRAPPING OF THE NEW PENSION SYSTEM (NPS). Further we have been demanding that those employees who are covered by NPS should be eligible for payment of Death cum Retirement Gratuity (DCRG) and Family Pension and also Govt guaranteed Minimum Pension and Compensation for price rise (Dearness Relief). Now the Govt has conceded one of our demand. Govt of India has issued orders to extend the benefit of Gratuity to all NPS Employees. Further the Cabinet has decided to constitute a committee for streamlining the implementation of NPS. We shall present the remaining issues before that Committee also. Scrapping of NPS is one of the main demand of 2016 September 2nd General Strike also. No struggle will go in vain. Let us make the strike a grand success

M.Krishnan, Secretary General Confederation.

No. 7/5/2012-P&PW(F)/B
Ministry of Personnel, Public (Grievances and Pensions
Department of Pension and Pensioners Welfare
Lok Nayak Bhawan, Khan Market,
New Delhi-110 003, Dated the 26th August, 2016

OFFICE MEMORANDUM

Subject: Extension of benefit of Retirement Gratuity and Death Gratuity to the Central Government Employees covered by new Defined Contribution Pension System (National Pension System) – regarding.
The undersigned is directed to say that the pension of the Government servants appointed on or after 1.1.2004 is regulated by the new Defined Contribution Pension System (known as National Pension System), notified by the Ministry of Finance (Department of Economic Affairs) vide their O.M. No. 5/7/2003-ECB & PR dated 22.12.2003. Orders were issued for payment of gratuity on provisional basis in respect of employees covered under National Pension System on their retirement from Government service on invalidation or death in service, vide this Department’s O.M. No. 38/41/2006-P&PW(A) dated 5.5.2009.
2. The issue of grant of gratuity in respect of government employees covered by the National Pension System has been under consideration of the Government. It has been decided that the government employees covered by National Pension System shall be eligible for benefit of ‘Retirement gratuity and Death gratuity’ on the same terms and conditions, as are applicable to employees covered by Central Civil Service (Pension) Rule,1972.
3. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their .D. Note No. 1(4)/EV/2006-II dated 29.07.2016.
4. In their application to the persons belonging to the India Audit and Accounts Department, these orders issue after consultation with Comptroller and Auditor General of India.
5. These orders will be applicable to those Central Civil Government Employees who joined Government Service on or after 1.1.2004 and are covered by National Pension System and will take effect from the same date i.e. 1.1.2004.
Sd/-
(Harjit Singh)
Director (Pension Policy)

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7th Pay Commission Report on Death Gratuity

7th Pay Commission Report on Death Gratuity

The Commission has received representations pointing to a need for rationalization of current slabs for death gratuity, especially for the slab of 5 to 20 years of qualifying service in which family pensioners are stated to be placed at a disadvantageous position.

Analysis and Recommendations : As per Rule 50 of Pension Rules, the death gratuity admissible will be as follows, subject to the maximum limit prescribed for the gratuity:

7th CPC Death Gratuity

Authority: 7th CPC Report

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BSNL to pay gratuity to Casual Labourers

BSNL to pay gratuity to Casual Labourers:

 

BSNL Corporate office has issued an order to sought the details regarding engagement details of casual labourers from all Circles for extension of gratuity to casual labourers.  The text of BSNL order is reproduced below:-

BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)
Labour Establishment (LE) Section
Establishment Branch.

F.No.11-3/2014-LE

Dated the 19th Aug 2015

To

All Heads of Circles,

BSNL

Subject- Extension of gratuity to casual labourers -details regarding engagement details of casual labourers – reg

Sir,

Kindly refer to this office letter of even number dated 31.03.2015 and subsequent reminder dated 13.05. 2015 (letters available in the intranet) requesting to furnish the following information in respect of the casual labourers currently being engaged in your Circle:-

 

Sl.No. Name of casual labourers Whether TSM status conferred Date of birth Date of engagement Present monthly  wages

2. The requisite information/ details has not been received from all Circles till date. In this connection, it is mentioned that the issue of extending the provisions of Payment of Gratuity Act 1972/ BSNL Gratuity Trust Rules to casual labourers is under consideration of BSNL Corporate office . The list of casual labourers who will be covered under the Rules, their monthly wages , date of engagement date of birth etc. are required to calculate the fund requirement for covering the employees under the said Act/ Rules.

3. As the issue is to be settled without any further delay, it is once again requested to furnish the information/ details immediately to this office. While requesting to furnish the details Vide letters referred above, it was specifically requested to sent the soft copy also on E-mail address jkmishra__2005 @yhaoo.co.in or sanjeevkumar.pradhan @gmail. com.

 

4. It is, therefore, requested to all Circles, who have not furnished the information till date, to furnish the same immediately to this office latest by 31.08.2015. It is also requested to all Circles to ensure that soft copy of the details has been mailed to the above e mail address.

 

The matter may be treated as URGENT.

Yours faithfully,
sd/-
(J.K Mishra)
Astt. General Manager(ESTT.II)

Source: http://www.bsnleuchq.com/190820150001.pdf

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Payment of Death Gratuity to a minor-regarding

Payment of Death Gratuity to a minor-regarding

RBE No. 07/2015
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. F(E)III/2008/PN1/12

New Delhi, Dated: 29-01.2015.

The GMs/FA&CAOs,
All Indian Railways/Production Units/RDSO.
(As per mailing list)
Subject: Payment of Death Gratuity to a minor-regarding.

*****

A copy of the Department of Pension and Pensioners’ Welfare (DOP&PW)’s O.M No.7/3/2013-P&W(F) dated 02/12/2014 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also.

2. The instruction enhancing the ceiling limit of gratuity from Rs. 5000/- to Rs.10,000/- in such cases was issued vide Board’s letter No. F(E)III/88/PN1/42 dated 20.10.1989.

3. Please acknowledge receipt.

D.A.: As above

(AMITABH JOSHI)
Deputy Director Finance (Eslt.)III,
Railway Board.

No. F(E)III/2008/PN1/12
New Delhi, Dated:29 .01.2015.

Copy to Depuly Comptroller and Auditor General of India (Railways), Room No.224, Rail Bhavan, New Delhi (40 spares).

for Financial Commissioner/Railways.

Source: Airfindia.com

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Directorate of Estates Orders – Filling up of No Demand Certificate Online

Directorate of Estates Orders – Filling up of No Demand Certificate Online

GOVERNMENT OF INDIA
DIRECTORATE OF ESTATES
NIRMAN BHAWAN

No. 5/29/2013-RR Cell
New Delhi, dated :- 21 November 2013

CIRCULAR

It is intimated that Directorate of Estates has commenced the process of filling-up the application Forms for Clearance Certificate/No Demand Certificate etc. through online. No Demand Certificate/Clearance Certificate Is issued to the Allottees’ on Surrender of superannuation required for clearance of 10% Gratuity With-held by Concerned office.

All concerned (allottees) are requested to filling the NDC application form online on vacation of quarter, after retirement or so, duly forwarded by their office.

It is stated that all the staff/employees of Rent/Allotment Section of Directorate of Estates should accept the Online application Form, of the allottees, duly forwarded by their concerned office.

The guidelines may be strictly adhered to.

sd/-
(AMAL. DUTTA GUPTA)
Deputy Director (Rent)

Source : www.estates.nic.in
[http://estates.nic.in/WriteReadData/dlcirculars/Circulars20296.pdf]

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Clarification regarding rule position for payment of gratuity to the employees covered under New Pension Scheme

Clarification regarding rule position for payment of gratuity to the employees covered under New Pension Scheme

Gratuity To The Employees Covered Under New Pension Scheme

No.7/2/2013-P&PW(F)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension &Pensioners Welfare
(Desk-F)

3rd Floor, Lok Nayak Bhavan,
NewDelhi- 10003
Dated the 15th October,2013

Office Memorandum

Subject: Clarification regarding rule position for payment of gratuity to the employees covered under New Pension Scheme

The undersigned is directed to refer to Ministry of Defence OM.No12(15)/2013-D(Civ.II) dated 12.7.2013 & 26.9.2013 on the subject noted above and to say that the provision of CCS(Pension) rules are not applicable to government servants appointed on or after 1.1.2004. This department is in the process of framing rules on New Pension scheme. The NPS Rules would include the provisions regarding grant of gratuity to the NPS employees. In the meanwhile, pending finalization of NPS Rules, the matter regarding payment of gratuity to NPS beneficiaries has been referred to M/o Finance Response of M/o Finance is awaited.

(Tripti.P.Ghosh)
Director(PP)

Source: http://sapost.blogspot.in/2013/11/clarification-regarding-rule-position.html

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Payment of statutory dues, salary and wages in sick / loss making CPSEs

Payment of statutory dues, salary and wages in sick / loss making CPSEs

The Cabinet Committee on Economic Affairs today approved the proposal for providing non-plan budgetary support of Rs. 128.26 crore for liquidation of statutory dues (Provident Fund, Gratuity, Pension, Employees State Insurance and Bonus) and salary and wages from 01-10-2012 to 31-03-2013 in respect of ten Central Public Sector Enterprises (CPSEs) under the Department of Heavy Industry, namely Hindustan Cables Ltd., HMT Ltd., HMT (Watches) Ltd., HMT (Chinar Watches) Ltd., Nagaland Pulp & Paper Co. Ltd., Triveni Structurals Ltd., Tungbhadra Steel Products Ltd., Nepa Ltd., HMT Bearings Ltd. and Hindustan Photo Films Limited.

Revival/closure plans of Hindustan Cables Limited, Triveni Structurals Ltd., HMT (Watches) Ltd., HMT (Chinar Watches) Ltd. and Hindustan Photo Films Limited are yet to be finalized; revival plans of Nepa Ltd. and HMT Ltd. have recently been approved; and revival plans of HMT Bearings Ltd., Nagaland Pulp & Paper Company Ltd. and Tungbhadra Steel Products Ltd. are yet to materialize. It was, therefore, considered essential that the interim financial support from the Government be provided so that the operation of these companies may not be affected. Non-settlement of these liabilities has been causing serious hardship not only to the employees of the companies but also adversely affecting the day-to¬day operation of the companies resulting in further deterioration of their performance.

Payment of outstanding dues of salary and wages would mitigate the hardships of the employees thereby motivating them for better output and prepare them to achieve the goal of revival/re-structuring of the companies. In addition, clearance of outstanding statutory dues (Provident Fund, Gratuity, Pension, Employees State Insurance) would result in fulfillment of statutory obligations.

Source from PIB News

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Grant of Family Pension and Gratuity to the eligible member of the family of any employee/pensioner

Grant of Family Pension and Gratuity to the eligible member of the family of any employee/pensioner

Press Information Bureau
Government of India
Ministry of Personnel, Public Grievances & Pensions

23-July, 2013 16:55 IST

Grant of Family Pension and Gratuity to the eligible member of the family of any employee/pensioner

Family pension is payable to the family of a Government employee or pensioner after his death. Difficulties in payment arise when a Government Servant or pensioner goes missing. Clarificatory instructions have recently been issued by the Central Government for payment of benefits in such cases.

According to these instructions, the family must lodge a report with the concerned police station and obtain a report from the police, that the employee or pensioner or family pensioner has not been traced despite all efforts made by them.

The report may be a First Information Report or any other report such as a Daily Diary or General Diary Entry.

The family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of Office of the organisation where the employee or pensioner had last served, six months after lodging of police report.

The amount of salary due, leave encashment due and the amount of GPF will be paid to the family in the first instance as per the nominations made by the employee or pensioner on filling of a police report and submission of an indemnity bond.

Detailed instructions are available at www.persmin.nic.in. under “Department of Pension & Pensioners’ Welfare’s” category

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Pensioners Portal Orders – Grant of family pension and gratuity to the eligible member of the family of an employee/pensioner/family pensioner reported missing consolidated instructions – reg.

Pensioners Portal Orders – Grant of family pension and gratuity to the eligible member of the family of an employee/pensioner/family pensioner reported missing consolidated instructions – reg.

F.No.1/17/2011- P&PW(E)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi,
Dated 24th June, 2013 / 25 JUN 2013

Office Memorandum

Sub: Grant of family pension and gratuity to the eligible member of the family of an employee/pensioner/family pensioner reported missing consolidated instructions – reg.

The provisions regarding grant of gratuity and family pension to the members of families of the deceased Government servants/pensioners who were appointed on or before 31st December, 2003 and who are/were born on pensionable establishments are contained in Rules 50-54 of the Central Civil Services (Pension) Rules, 1972. The instructions regarding grant of family pension and gratuity under these rules to the eligible member of the family of an employee reported missing had been issued vide this Departments earlier office memorandum No.1/17/86-P&PW, dated 29th August, 1986. Clarifications amendments in this regard were issued vide OM No. 1/17/86-P&PW, dated 25th January, 1991 and 18th February, 1993 and OM No. 1/28/04-P&PW(E) dated 31st March. 2009 and  2nd July, 2010.O.M. of even number, dated 14th September, 2011 and OM No. 1/17/2010-P&PW(E), dated 2nd January, 2012.

2. A reference has been received in this Department to clarify whether in a situation where SHO gates that FIR is not required to be lodged in the case of person gone missing, the eligible member of the family can be granted family pension. The matter has been examined in consultation with the Ministry of Home Affairs. Section 154 (1) of the Criminal Procedure Code mandates filing of an FIR by the Police authorities on a report received of the commission of a cognizable offence. A missing person per se does not point to commission of a cognizable offence. In view of this. cognizance of a person’s disappearance can be taken by the Head of Office on the basis of an authenticated Daily Diary (DD) General Diary Entry (GDE), filed by the Police authorities concerned, as per the practice prevalent in that State/UT.

3. It has now been decided to issue consolidated instructions in supersession of previous instructions regarding grant of family pension to the eligible members of family of the employee/pensioner/family pensioner reported missing and whose where about are not known. It includes those kidnapped by insurgents/terrorists but does not include those who disappear after committing frauds/crime etc.

3. In the case of a missing employee/pensioner family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of Office of the organisation where the employee pensioner had last served, six months after lodging of Police report. The family pension and or retirement gratuity may be sanctioned by the Administrative Ministry/Department after observing the following formalities:-

(i) The family must lodge a report with the concerned Police Station and obtain a report from the Police, that the employee/pensioner/family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary General Diary Entry.

(ii) An Indemnity Bond should he taken from the nominee dependents of the employee/pensioner/Family pensioner that all payments will be adjusted against the payments due to the employee/pensioner/family pensioner in case she/he appears on the scene and makes any claim.

5. In the case of a missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from thc expiry of leave or the date up to which pay and allowances have been paid or the date of the police report. whichever is later. In the case of a missing pensioner family pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension’ family pension had been paid, whichever is later.

6. The retirement gratuity will be paid to the family within three months of the date of application. In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report.

7. Before sanctioning the payment of gratuity, the Head of Office will assess all Government dues outstanding against the employee/pensioner and effect their recovery in accordance with Rule 71 of the CCS (Pension) Rules, 1972 and other instructions in force for effecting such recoveries.

8. The amount of salary due, leave encashment due and the amount of GPF will be paidly the family in the first instance as per the nominations made by the employee/pensioner on filing of a police report and submission of an indemnity bond as indicated above.

9. The benefits to be sanctioned to the family nominee of the missing employee/pensioner will be based on and regulated by the emoluments drawn by him / her and the rules orders applicable to him / her as on the last date he / she was on duty including authorised periods of leave.

10. Formats of separate Indemnity Bonds to be used in the case of missing employees, missing pensioners and missing family pensioners are available at this department’s website www.persmin.nic.in.

sd/-
(Sujasha Choudhury)
Deputy Secretary

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/GrantofPension_250613.pdf]

 

Be the first to comment - What do you think?  Posted by admin - June 27, 2013 at 4:48 pm

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Gratuity Pay under New Pension System

Press Information Bureau 
Government of India
Ministry of Finance 
03-May-2013

Gratuity Pay under New Pension System 

Death-cum-Retirement Gratuity is paid to Central Government employees under New  Pension System (NPS) as it is paid under the old pension scheme. The monthly annuity under the New Pension System (NPS) is only a replacement of pension on retirement and family pension of death after retirement.

The benefits of Death cum Retirement Gratuity (DCRG) and pension/family pension have been provisionally allowed,  vide the Office Memorandum of Department of Pension and Pensioners’ Welfare No. 38/41/06-P & PW(A) dated 5.5.2009 in respect of Central Government servants covered under NPS in cases where a Government Servant is retired on invalidation/disability and in the case of death of a Government servant in service on the same rates as are applicable under the old pension scheme Central Civil Service (Pension) Rules, 1972.

The retirement gratuity is payable to the retiring Government servant. A minimum of 5 years’ qualifying service and eligibility to receive service gratuity/pension is essential to get this one time lump sum benefit. Retirement gratuity is calculated @ 1/4th of a month’s Basic Pay plus Dearness Allowance drawn before retirement for each completed six monthly period of qualifying service.

The maximum retirement gratuity payable is 16½ times the Basic Pay, subject to a maximum of Rs. 10 lakh. If the Government Servant dies while in service, the death gratuity shall be paid to his family at rates furnished in the table below:

Sl. No. Length of Qualifying Service Rate of Death Gratuity
1. Less than one year 2 times of emoluments
2. One year or more but less than 5 years 6 times of emoluments
3. 5 years or more but less than 20 years 12 times of emoluments
4. 20 years or more Half of emoluments for every completed
six monthly period of qualifying service
subject to a maximum of 33 times of emoluments.
Maximum amount of Death Gratuity admissible is Rs, 10 lakh with effect from 1.1.2006.

This was stated by Minister of State for Finance, Shri Namo Narain Meena, in written reply to a question in the Lok Sabha today.

Be the first to comment - What do you think?  Posted by admin - May 3, 2013 at 4:32 pm

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In order to recovery and adjustment of Govt. dues from retirement gratuity from retirees – Pension Portal Orders

In order to recovery and adjustment of Govt. dues from retirement gratuity from retirees – Pension Portal Orders 2013

“Withholding of 10% gratuity from the retiring Government servants – clarification regarding”

No.20/16/1998-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Dlehi – 110 003
Dated the 19th February 2013.

Subject: Withholding of 10% gratuity from the retiring Government servants – clarification regarding.

The undersigned is directed to say that this Department has been receiving representations from individuals and Pensioners Associations that Government Departments have been withholding 10% of the amount of gratuity from each retirees even when they had not been provided any Government accommodation.

2. The recovery and adjustment of Govt. dues from retirement gratuity is regulated under Rules 71 to 73 of the CCS (Pension) Rules, 1972. Rule (1) to (3) of Rule 72 ibid provide for recovered of actual amount of Govt. dues in respect of Govt. accommodation from pay & allowances before retirement and from Retirement Gratuity. Sub rule (5) of Rule 72 ibid stipulates that if, in any particular case, it is not possible for the Directorate of Estates to determine the outstanding licence fee, that Directorate shall inform the Head of Office that ten per cent of gratuity may be withheld pending receipt of further information. The withheld amount of gratuity is to be paid back to government servant immediately on production of ‘No Demand Certificate’ (NDU) from Dte of Estates. Thus, if no ‘Govt. dues’ in respect of Govt. accommodation are outstanding then the rules do not provide for withholding of any part of the gratuity on retirement of the Govt. servant. If no Government accommodation is allotted to a Government servant, in accordance with Dte of Estate’s OM No. 18011/5/1990-Pol-III dated 12.10.2010, it is for the Administrative Ministry to issue an ‘NDC”.

3. As regards recovery in respect of ‘Govt. dues’ other than those pertaining to Govt. accommodation, the Head of Office is required to complete assessment of such dues eight months prior to the date of retirement [Rule 73(2)]. The actual amount of such dues and the dues   which come to the notice subsequently and remaining outstanding are to be adjusted against the amount of retirement gratuity becoming payable to the Govt. servant on retirement. Thus, there is no provision for withholding any part of gratuity for the purpose of recovery of outstanding government dues other than those pertaining to government accommodation.

sd/-
(Tripti P. Ghosh)
Director

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/Gratuity_20022013.pdf]

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Strike: CENTRAL GOVERNMENT EMPLOYEES AND WORKERS.

Strike: CENTRAL GOVERNMENT EMPLOYEES AND WORKERS.

No. Conf. 22/2013

Dated: 19th  January, 2013.

To
The Cabinet Secretary,
Cabinet Secretariat,
Government of India,
Rastrapathi Bhawan,
NEW DELHI.

Dear Sir,

This is to give notice that the employees who are members of the affiliated organisations of  Central Government Employees and Workers will go on two days strike on 20th and 21st February, 2013.  The Charter of demands in pursuance of which the employees will embark upon the two day strike action is enclosed.

Thanking you,

Yours faithfully,
K.K.N.Kutty,
Secretary General,

Encl: Charter of demands.
911123016696,23011241(Off.)
91 11 23012095 (Fax)

CHARTER OF DEMANDS

PART – I

  1. Take concrete measures to contain Price rise.
  2. Take concrete measures for linkage of employment protection with the concession / incentive package offered to the entrepreneurs.
  3. Ensure strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.
  4. Universal social security cover for the unorganised sector workers without any restriction and creation of a National Social Security Fund with adequate resources in line with the recommendation of NCEUS and Parliamentary Standing Committee on Labour.
  5.  Stoppage of disinvestment in Central and State PSUs.
  6.  No Contractorisation of work permanent/perennial nature and payment of wages and benefits to the contract workers at the same rate as available to the regular workers of the industry / establishment.
  7. Amendment of Minimum Wages Act to ensure universal coverage irrespective of the schedules and fixation of statutory minimum wage at not less than Rs.10,000/-.
  8. Remove all ceilings on payment and eligibility of Bonus, Provident Fund; Increase the quantum of gratuity.
  9. Assured statutory Pension for all.
  10. Ensure Compulsory registration of trade unions within a  period of 45 days and immediate ratification of the ILO Conventions Nos.87 and 98.

 

PART – II

  1. Revise the wages of the Central Government employees including Gramin Dak Sewaks with effect from 1.1.2011 and every five years thereafter by setting up the 7th CPC.
  2. Merge DA with Pay for all purposes with effect from 1.1.2011 including for Gramin Dak Sweaks.
  3.  Remove restriction imposed on compassionate appointments and the discrimination on such appointments between the Railway workers and other Central Government Employees.
  4. [a] Departmentalise all Gramin Dak Sweaks and grant them all benefits of regular employees; End Bonus discrimination and enhance bonus ceiling to 3500/-; Withdraw open market recruitment in Postman / MTS cadre; Revise cash handling norms; Grant full protection of TRCA; Grant Time Bound Promotion and Medical Reimbursement facility etc.

[b] Regularise the daily rated, contingent, casual workers and introduce a permanent scheme for periodical regularization. Pending regularization, provide them with pro-rata salary at 6th CPC rates.

  1. (a) Revive the functioning of the JCM. Convene the meeting of the Departmental Councils in all Ministries/Departments. Settle the anomalies raised in the National Anomaly Committee as also in the Departmental Anomaly Committees. Hold National Council meetings as specified in the JCM constitution. (b) Remove the anomalies in the MACP Scheme.(c) Grant recognition to all Associations/Federations, which have complied with the formalities and conditions stipulated in the CCS(RSA) Rules.
  2. Fill up all vacant posts and creates posts n functional requirements.
  3. Stop downsizing outsourcing, contractorization, corporatization and privatization of Government functions.
  4.  Stop Price rise; Strengthen the PDS.
  5.  (a) Stop the proposal to introduce the productivity linked wage system; (b) discard the performance related pay structure;
    (c) introduce PLB in all Departments;
    (d) remove the ceiling on emoluments for bonus computation.
  6. Revise the OTA, Night duty allowance and clothing rates.
  7. Implement all arbitration awards.
  8. Make the right to strike a legal and fundamental right of the Government employees on par with the other section of the working class.
  9.  Grant Five promotions to all employees as is provided for in the case of Group-A services.
  10.  (a) Withdraw the PFRDA Bill.
    (b) Rescind the decision to allow FDI in pension sector;
    (c) Scrap the new contributory pension scheme
    (d) Extend the existing statutory defined pension scheme to all Central Government employees irrespective of their date of entry in Government service.
  11. Vacate all Trade Union victimisation, and more specifically in the Indian Audit and Accounts Department.

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