Posts Tagged ‘Retired Employees’

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

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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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Be the first to comment - What do you think?  Posted by admin - September 7, 2018 at 9:32 pm

Categories: 7CPC, Pension   Tags: , , ,

BSNL : Review of extension of without voucher facility to Retired Employees

BSNL

Review of extension of without voucher medical facility to Retired Employees

BHARAT SANCHAR NIGAM LIMITED
Admn. Section
Corporate Office
Bharat Sanchar Bhawan
New Delhi

No. BSNL/Admn.I/15-22/14

Dated: April 25, 2018

Office Memorandum

Sub: Review of extension of without voucher facility to Retired Employees.

Ref: 1. No. 7-8/2010/EF/Part/I dated 5.9.2011
2. OM No. BSNL/Admn.l/15-22/14 dated 11th April 2017.

Facility of extension of without voucher facility which was withdrawn vide EF Branch letter No. 7-8/2010/EF/Part/l dated 5.9.2011 was revived vide this office OM of even no. dated 11th April 2017 to retired employees and it was decided that the decision will be reviewed after six months.

The issue was reviewed, there has been an increase in expenditure on this account. Whether to continue the scheme for the year 2018-19 and if it is continued the quantum of allowance to be paid is under active consideration. It is learnt that the last two quarterly instalments payable to the optees (retired employees) for the year 2017-18 have not been released. To avoid inconvenience to retired employees, it is therefore requested that two instalments due may be released. Decision on continuation of the scheme and other related issues will be conveyed immediately after its approval.

This issues with the approval of the Competent Authority.

(Brahm Parkash)
Assistant General Manager (Admn.IV)

Source: http://www.intranet.bsnl.co.in

Be the first to comment - What do you think?  Posted by admin - May 15, 2018 at 11:30 am

Categories: BSNL   Tags: , ,

Re-engagement of retired hands to 65 years from the exiting age limit of 62 years

Re-engagement of retired employees in exigencies of services.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(NG)-II/2007/RC-4/CORE/1

RBE No.193/2017
New Delhi,Dated:12-12-2017

The General Manager (P)
All Indian Railways
(As per standard mailing List)

Sub: Re-engagement of retired employees in exigencies of services.
Ref: No.E(NG)II/2007/RC-4/CORE/1 dated 16.10.2017 (RBE No.150/2017)

Attention is invited to Ministry of Railways (Railway Board)’s letter referred on the above subject. In partial modification of the instructions contained in letter ibid, Board have decided to enhance the maximum age limit for re-engagement of retired hands to 65 years from the exiting age limit of 62 years. further, it has also been decided to extend the validity of the scheme of re-engagement of retired employees, to 01.12.2019 as against the existing validity up to 14.09.2018

(Neeraj Kumar)
Director Estt.(N)-II
Railway Board.

Authority: http://www.indianrailways.gov.in

Be the first to comment - What do you think?  Posted by admin - December 19, 2017 at 2:51 pm

Categories: Retirement Age   Tags: , ,

Re-engagement of retired employees in exigencies of services

Re-engagement of retired employees in exigencies of services.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E (NG)-11/2007/RC-4/CORE/1

RBE No,193/2017

New Delhi, Dated: (12/12/2017)

The General Manager (P),
All Indian Railways,
(As per standard mailing list).

Sub: Re-engagement of retired employees in exigencies of services.
Ref: No. E(NG)lI/2007/RC-4/CORE/1 dated 16.10.2017 (ROE No. 150/2017)

Attention is invited to Ministry of Railways (Railway Board)’s letter referred to the above subject. In partial modification of the instructions contained in letter ibid, Board have decided to enhance the maximum age limit for re-engagement of retired hands to 65 years from the existing age limit of 62 years. Further, it has also been decided to extend the validity of the scheme of re-engagement of retired employees, 10 01.12.2019 as against the existing validity up to 14.09.2018

(Neeraj Kumar)
Director Estt.(N)- II
Railway Board

Source: http://confederationhq.blogspot.in/

Be the first to comment - What do you think?  Posted by admin - December 14, 2017 at 9:11 pm

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Number of Central Government Employees who retired during the last three years & appointed against the vacancies

Number of Central Government Employees who retired during the last three years & appointed against the vacancies

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA

UNSTARRED QUESTION NO-587
ANSWERED ON-20.07.2017

EMPLOYEES RETIRED AND APPOINTED

587. SHRI NARAYAN LAL PANCHARIYA:

Will the PRIME MINISTER be pleased to state:

(a) the number of Central Government employees who retired during the last three years, group-wise;

(b) the number of employees appointed during that period against the vacancies caused due to retirement, etc.;

(c) the number of employees who have been retired compulsorily during that period, group-wise; and

(d) the present position regarding vacant posts in the Central Government?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)

(a): Centralized data regarding employees who retired during last three years is not maintained.

(b): Vacancies caused due to retirement, death, promotion etc. are required to be filled following provisions of Recruitment Rules for the post. The number of direct recruitments made by Staff Selection Commission (SSC) and Union Public Service Commission (UPSC) during the last three years is as per table below:

Year Number of candidates recommended by UPSC Number of candidates recommended by SSC
Recruitment by Examination Direct Recruitment by Selection All India Competitive Examination Selection posts
2014-15 5969 2303 57542 524
2015-16 5659 1207 24604 534
2016-17 4612 1123 68496 384

(c): Information on premature retirement in respect of Indian Administrative Service (IAS), which is not in the form of penalty, in terms of Rule 16(3) of All India Services (Death Cum Retirement Benefits) Rules, 1958 in the past three years are as follows:

Year Number
2014 Nil
2015 Nil
2016 1

Penalty of Compulsory Retirement upon completion of Departmental Proceeding in terms of the All India Services (Discipline & Appeal) Rules, 1969 has been imposed against one IAS officer in the year 2015. In respect of Central Services, as per the information made available by various Ministries/Departments/Cadre Controlling Authorities, provisions under FR 56(j)/similar provisions have been invoked/recommended in case of 30 Group ‘A’ officers and 103 Group ‘B’ officers, till May, 2017. (d): As per the Annual Report on Pay and Allowances of Central Government Civilian Employees 2015-16 as on 1.3.2015, published by Pay Research Unit, Department of Expenditure, Ministry of Finance, the number of vacant posts in position in various Ministries/Departments is 4,20,547 out of total sanctioned strength of 36,49,468.

Source: ENGLISH VERSION HINDI_VERSION

Be the first to comment - What do you think?  Posted by admin - July 24, 2017 at 6:05 pm

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Reconsideration of extension of without voucher facility to Retired Employees

BHARAT SANCHAR NIGAM LIMITED
Admn. Section
Corporate Office
Bharat Sanchar Bhawan
New Delhi 

No. BSNL/Admn.I/15-22/14

Dated: April 11, 2017

Office Memorandum

Sub: Reconsideration of extension of without voucher facility to Retired Employees.

Ref: No. 7-8/2010/EF/Part/1 dated 5.9.2011.

Facility of extension of without voucher facility was withdrawn vide guidelines conveyed vide letter No. 7-8/2010/EF/Part/1 dated 5.9.2011, as expenditure control measure. To mitigate the hardship in submission and following up of medical claims by retired employees, the Competent Authority has approved revival the facility only to retired employees, as per the guidelines issued vide letter No. BSNL/ADMN/l dated 28.2.2003 under para 2.1.1.

The entitlement under this option will be 50% of the admissible amount (annual outdoor ceiling prescribed) and will be paid in four equal instalments at the end of each quarter. The amount payable is taxable as per the applicable Rules.

The decision will however will be reviewed after 6 months.

sd/-

(Raj Kumar)

Assistant General Manager (Admn.IV)

Signed Copy

Be the first to comment - What do you think?  Posted by admin - April 26, 2017 at 3:53 pm

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Non-payment of retirement benefits to the Running Staff retired on or after 01/01/2016

Non-payment of retirement benefits to the Running Staff retired on or after 01/01/2016-reg

Registration No. : RTU/Nnn/31/2012

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No.IV/RSAC/Conf./Part VII

Dated: 15/03/2017

The Member Staff,
Railway Board,
New Delhi

The Financial Commissioner (Railways),
Railway Board,
New Delhi

Dear Sir,

Sub: Non-payment of retirement benefits to the Running Staff retired on or after 01/01/2016-reg.

Complaints are being received quite frequently from the Zonal Railways that the Running Staff retired on or after 01/01/2016 have not yet been paid pensionary dues duly adding 55% to their 7th CPC Pay Matrix. It is further learnt that due to IPAS problems, almost on all the Zonal Railways, revised pensionary benefits have not been paid and the Administration has also not taken initiatives to solve the technical problem in co-ordination with the CRIS.

NFIR requests kind intervention in the matter so as to see that the retired Running Staff (from 01/01/2016 onwards) are paid retiral benefits duly reckoning 55% of pay as part of 7th CPC pay. Incidentally, Federation also conveys that all those retired Running Staff are entitled for pension arrears on revision of their present pension with the 55% addition of pay element.

NFIR, therefore, requests the Board (MS & FC) to take immediate action in resolving this issue in co-ordination with CRIS.

Action taken in the matter may kindly be advised to the Federation in due course.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.2015/AAC-II/21/11

New Delhi, dated 30.03.2017

FA&CAO,
Western Railway
Mumbai

Sub: Non-Payment of retirement benefits to the Running Staff retired on or after 01.01.2016.

Please find enclosed NFIR’s letter no.IV/RSAC/Conf./Part VII dated 15.03.2017 on the above subject which is self explanatory.

It is requested to kindly examine the same for taking further action in consultation with CRIS under intimation to Board’s Office.

DA: As above

(V.Prakash)
joint Director Accounts
Railway Board

Signed Copy

Be the first to comment - What do you think?  Posted by admin - April 7, 2017 at 4:39 pm

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Schemes for Retired Employees

Schemes for Retired Employees

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

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

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

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

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

PIB

Be the first to comment - What do you think?  Posted by admin - August 10, 2016 at 3:58 pm

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IRTSA requested to grant of Fixed Medical Allowance of Rs.2000 pm to all Pensioners

IRTSA requested to grant of Fixed Medical Allowance of Rs.2000 pm to all Pensioners

 

IRTSA requested to grant of Fixed Medical Allowance of Rs.2000 pm to all retired employees & Pensioners in its memorandum submitted to the Joint Secretary of Implementation Cell, 7th Central Pay Commission as follows…

 

“Fixed Medical Allowance (Para 8.17.51)

 

FMA: Grant of Medical Allowance of Rs.2000 pm to all retired employees & Pensioners

i) The cost had exorbitantly increased for the Medicines, Consultation Fee and cost of Pathological Test required for day to day medical treatment since 1997 (when the FMA was initially granted) and this had risen at a much steeper rate the Price Index.

 

ii) A large proportion of Pensioners were residing in remote areas or villages having no excess to CGHS Dispensaries & Railway Hospitals and are as such, are wholly dependent on the paltry amount of FMA for day to day treatment of self & spouse.

 

It is, therefore, requested that the FMA may please be revised to atleast Rs.2000 p.m.”

 

Authority : IRTSA Memorandum

Be the first to comment - What do you think?  Posted by admin - December 16, 2015 at 7:29 pm

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Benefits of Sixth Pay Commission to the employees who retired before 1.1.2006

Benefits of Sixth Pay Commission to the employees who retired before 1.1.2006

 

In Rajya Sabha on 6.8.2015, Minister of DoPT Shri Jitendra Singh replied in a writeen form to the subsequent questions regarding the benefit of minimum pension to the pensioners retired before 01.01.2006.

 

He said, In its order dated 01.11.2011, Hon’ble Central Administrative Tribunal (CAT), Principal Bench allowed some petitions granting the benefit of minimum pension to the pensioners retired before 01.01.2006 as per the fitment tables applicable to the employees serving as on 01.01.2006. The order dated 01.11.2011 of Hon’ble CAT was upheld by the Hon’ble High Court of Delhi vide its order dated 29.04.2013 in Writ Petition (C) No. 2348-50/2012.

 

The Special Leave Petition No.36148-50/2013 filed by the Government against the order dated 29.04.2013 of Hon’ble High Court of Delhi has been dismissed by Hon’ble Supreme Court on 17.03.2015.

 

Following the dismissal of the SLPs filed by the Government, Department of Pension & Pensioners’ Welfare has issued orders vide OM No.38/37/08-P&PW(A) dated 30.07.2015 in implementation of the orders of the Hon’ble Supreme Court.

Be the first to comment - What do you think?  Posted by admin - August 11, 2015 at 4:43 am

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CADRE REVIEW AND OTHER CHARTER OF DEMANDS BY CIVIL ACCOUNTS EMPLOYEES

COPY OF THE AICAEA LETTER TO CGA ON CADRE REVIEW AND OTHER DEPARTMENTAL DEMANDS

All India Civil Accounts Employees Association
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTERS
Phone No. 23345070, Mob. No. 9868520926, e-mail:- v.aicaea@gmail.com
Central Office: –                                                                                    Address for Communication:-
16-A, Akbar Road Hutments,
17/2 – C, P & T Quarters,
New Delhi: – 110011
Kali bari marg
NewDelhi-      110001

No: AICAEA/HQ/A-2/2015/380-410

Dated:  02.05.2015

To,
Shri Jawahar Thakur,
Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
Loknayak Bhawan,
Khan Market,
New Delhi – 110003

Subject:- Request for convening meeting with the National Executives of All India Civil Accounts Employees Association and All India Civil Accounts Employees Association Category – II.

Sir,

In continuation of NFCAA letter No: – NFCAA/HQ/A-2/2015/366 dated 01.05.2015, we are enclosing herewith the CADERE REVIEW proposal and the list of the items (Charter of Demands) we wish to discuss in the meeting we have requested for.

The date and time of the meeting may kindly be informed to us atleast a fortnight ahead so that our outstation National Executive members could procure Railway Reservations for attending the meeting.

Thanking you,
Yours Sincerely,

Enclo: as above

(V. Bhattacharjee)
Secretary General

Copy to the all Federal Executive Members.

CHARTER OF DEMANDS

1.   Cadre Review
Cadre Review in the Civil Accounts Organization on functional requirements and grant of appropriate Pay & Grade pay to different cadres.

a.     Accounts Assistant (by upgradation of post of LDCs ) – Grade Pay Rs. 2400/- PB 1

b.     Staff Car Driver Gr. II – Grade Pay Rs. 2400/- PB 1

c.       Stenographer Gr. III  –  Grade Pay Rs. 2800/- PB 1

d.     Accountant -20%, DEO Grade A and Junior Hindi Translator (converting as Accountant) –  Grade Pay Rs. 4200/- PB 2

e.     Sr. Accountant – 80%, Data Entry Operator Grade B/ Hindi Translator (Converting as Sr. Accountant) Stenographer Gr. I (Merged post of Gr.II & I) –  Grade Pay Rs. 4600/-PB 2

f.       Sr. Accountant- on completion of 4 years/Computer Operator –  Grade Pay Rs. 4800/-PB 2

g.     Private Secretary – Grade Pay Rs. 4800/-PB 2

After 4 years of service – Grade Pay Rs. 5400/-PB 3

h.  Asstt. Accounts Officer – 30% posts by promotion of Sr. Accountant on seniority with removal of condition of 53 years of age for eligibility and 70% by AAO(c) examination – Grade Pay Rs. 5400/-PB-2

h.     AAO Grade II on completion of 4 years – Grade Pay Rs. 5400/-PB 3

i.       Sr. Private Secretary – Grade Pay Rs. 6600- PB 3
(Post should be re-designated as Principal Private Secretary] Post of PPS may be allocated to Principal Chief Controller of Accounts and
Chief Controller of Accounts (Addl. Secretary/Joint Secretary level officers)
As per para 2(iii) of DOPT Order No.20/51/2009-CS.II (A)(Vol.II)
dated 25th February, 2011 – 625 newly created posts of PPS
have been allocated against Joint Secretaries and equivalent level officers in different Ministries/Departments participating in CSSS on functional jurisdiction

j. Restoration of 5% promotional quota to the post of LDC for Gr-D/MTS and clearing of backlog by promoting all eligible MTS to the grade of Accounts Assistant as a onetime measure.

2.  Formation of independent Department Of Accounts under CGA.

3. Filling up of vacant posts – regularization of contract /outsourced workers as per orders dated 23-01-2013 issued by Ministry of Labour – grant of minimum wage to those who are working against regular posts.

4. Grant of recognition to AICAEA CAT-II, NFCAA and implementation of check-off-system as per Government instructions.

5. Adoption of mutually agreed transfer policy for AAOs and implementation of the policy transparently and filling up of vacant posts by providing promotions to Civil Accounts Employees.

6. Provision of alternative accommodation and amenities to the Central Office of AICAEA.

7.  Imparting training and grant of incentive for implementation of e-payment system.

8. Removal of discrimination in the date of effect of Promotion and grant of date of effect of promotion from 1st January of the year to all cadres.

9. Allotment of one seat in the National Council,(JCM) and 2nd seat in Departmental Council(JCM) to All India Civil Accounts Employees Association.

10. Counting of service for Grant of benefit of II ACP to Sr. Accountant appointed as Accountant-

(a)  from the date passing departmental competitive examination conducted by SSC.
(b) from  the 1st July of the next year of passing open examination conducted by SSC as per orders of DOPT and MHA

11. Grant Pay Scale of Rs. 1350-2200 from 01.01.86 to DEOs as has been granted by the Defence Accounts Department as well as in terms of the CAT judgments.

12. Removal of injustice to newly recruited Accountant in the matter of granting 1st increment through rectification of the procedure of Departmental Confirmatory test and also imparting training to the candidates.

13. Grant of two financial up gradation to MTS under ACP scheme who had completed 24 years of service before implementation of MACP Scheme as has done by the O/o the Pr. of Audit and Director, Economic service Ministries, Delhi vide order No:- AMG.I/Admn-1/32 dated 24.06.2014 .

14. Grant of Headquarter allowance to Sr.PS/PS/Stenos posted in office of CGA.

15. Removal of anomaly in grade pay arisen in PAO, CRPF after amalgamation of the office in Civil Accounts Organization.

16. As per decision of Supreme Court, payment of arrears in cash from 01.01.1996 to 18-02-2003 to Sr. Accountants due to upgradation of pay scale from 1-1-1996 .

17. Decentralization of CPAO and formation of regional offices to make the very purpose of operation of Pension Accounting Offices effective and conveniently accessible to old aged Pensioners.

18. Relaxation for revision of option for fixation of pay in the revised pay structure for persons promoted to the grade of Asstt. Accounts Officer (AAO) after 01.01.2006.

19. As has been done in earlier occasions and granted by Defence Accounts Department, Grant of honorarium for checking of pay fixation cases and pension cases after implementation of 6th CPC recommendations.

20.  No redeployment of retired officers and employees in the Civil Accounts Organization.

Source:http://nfcaahqnd.blogspot.in/

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PNM meeting between Railway Board and NFIR

Minutes of the PNM meeting between Railway Board and National Federation of Indian Railwaymen held on 19th & 20th December, 2014

MINUTES

25/2012: Periodical Medical Examination – Relaxation for Loco Pilots and Guards declared with TYPE-II Diabetes – Reg.

It was agreed to allow appeals from employees decategorised in the last two years immediately prior to the date of issue of initial order allowing relaxation i.e. cases decided within a period of two years prior to the issue of Railway Board’s Letter No.2008/H/5/18 dated 20.05.2011.

44/2012: Retired Employees Liberalised Health Scheme (RELHS)-97) – Extension of scope to those retiring with less than 20 years service

Official Side stated that the proposal to consider the demand in case of normal superannuation cases has not been agreed to by Finance Dte. Federation strongly conveyed their discontentment as this was agreed to do so in the last PNM meeting. After consulting EDF(E) in the matter it was agreed to reconsider to cover those retired employees who joined late but retired at the normal superannuation age.

This will be processed in a month’s time.

59/2012: Eligibility for accommodation in the Railway Hospitals/ Recognised Hospitals-Non observance of laid down instructions – Staff facing hardship – review urgent

Necessary instructions have been issued to Zonal Railways vide Board’s letter No.2011/H-1/11/90/SCR/ Accommodation Criteria dated 25.08.2014.

(CLOSED)

7/2014: Recognition of corporate hospitals for referral facility for treatment of railway employees (serving & retired)

It was explained to the Federation that Railway Board has already given freedom to CMDs to inspect corporate hospitals and send the proposals for the recognition so that the best of healthcare services can be given to Railway patients at the time of need.

 

However, representatives of the Federation mentioned about reference from NF Railway and difficulties being faced in RWF, ICF etc. It was agreed to look into those cases for the needful action.

20/2014 (iii): Railway Hospital within the premises of the Coach Factory at Rae Bareli with required facilities of specialist & Super Specialties to attend to Health Problems of the staff and their family members yet to be established.

 

CMS(SAG) has already joined at RCF, Rae Bareli. He can engage specialist on HVS basis or can call on case to case basis. There is no specialist cadre of IRMS. On availability of specialist from UPSC they can be posted.

 

AM(Tele)

7/2013: Joint Procedure Order (JPO) for use of CUG/ Personal Mobile Telephones by Loco Pilots/ Assistant Loco Pilots/ Motormen and Guards – Review – urged

Missed Call Alert Facility is a premium service provided by Airtel to its subscribers. Any CUG user can opt for this facility and no separate instructions are required to be issued for this purpose.

(CLOSED)

EDPM

19/2013: Reservation for Tatkal by paying difference of Fare on passes/ PTOs

The matter was re-examined but it has not been found feasible to agree to the request.

(CLOSED)

13/2011: Provision of cooking facilities at Rest Rooms meant for Ticket Checking Staff

It was explained that there is no pending policy issue on which a dispute exist now. Improvement to TTEs rest houses has been taken with zonal railways with D.O. letter from CRB and MT. Further, the matter has also been followed up in CCM Conferences. Improvement and Maintenance of TTEs rest houses are continuous and ongoing process. Further the status report on TTE Rest Room over Zonal Railways and at Delhi, Mughalsarai and Lok Manya Tilak Terminus furnished to the Federation. After detailed deliberation it was agreed to send a further reference from Board (MT) highlighting the complaints made by the Federation on this PNM Item.

29/2014: Ticket Checking Squads – Change of nomenclature

Position advised by Official Side is enclosed as Annexure-A.

AM(Elect.)

25/2011: Problems encountered by A.C. Escorting staff due to deterioration in working conditions.

A separate meeting with Board (ML & MM) is yet to be held. It was stated by the Official Side that due to non availability of a regular MM, the meeting cannot be held immediately. Federation requested for holding this meeting very soon. It was agreed to fix the meeting date early.

24/2013: Urgent need for construction of a new Running Room at Mumbai Central – Western Railway.

The Federation’s representatives conveyed their utmost concern on this issue as due to lack of facility, the running staff are sometime required to wait for four to five hours for accommodation in the running room at Mumbai Central, Western Railway. They conveyed that this is a serious problem and needs immediate attention. The issue was discussed threadbare and it was decided to look into the matter and take quick action.

AM(CE)

3/2012: Career Progression and improvement of working conditions of Trackmen in the Railways – Implementation of the Report of the Joint Committee

Federation demanded implementation status on Board’s letters dated 17.08.2012 & 01.04.2014 in a month’s time. This was agreed to.

 

AM(Signal)

14/2010: Upgradation of posts commensurating with the increased work load and responsibilities – ESM Category – S&T Department.

Another separate meeting with AM(Signal) is to be held.

Continue to read : Click here

Be the first to comment - What do you think?  Posted by admin - February 6, 2015 at 4:10 am

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Dopt Orders 2015 – Engagement of a retired officer of CSS as consultant on contract basis

Dopt Orders 2015 – Engagement of a retired officer of CSS as consultant on contract basis

IMMEDIATE

No.-I-28011/5/2015-Coord
Government of lndia
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel and Training
(Coordination Section)

North Block, New Delhi
Dated: 08th January, 2015

Office Memorandum

Sub: Engagement of a retired officer of CSS as consultant on contract basis – regarding.

The undersigned is directed to state that one Consultant is to be engaged in the Department of Personnel and Training to assist the Department in filing of replies, taking updates of court cases from counsels in respect of the Court/CAT cases.

The applicant should be a retired officer of the level of Under Secretary/Deputy Secretary of the Central Secretarial Service (CSS) or equivalent having experience of handling legal matters of the Government of India and preferably holding a degree in law from a recognised university.

The officers who have worked in the Department of Legal Affairs, Ministry of Law and Justice will be given preference. The terms and conditions of appointment will be decided in terms of the provisions of GFR. 2005 The interested officer may submit their resume indicating experience, in detail along with a copy of PPO, to the Director (Admin).Department of Personnel and Training, North Block, New Delhi — 110 001 latest by 31st January, 2015.

Selection will be on the basis of experience of the applicant in the legal field and a personal talk with the appropriate authority.

2. CS Division requested to give a wide publicity to this circular.

sd/-
(Shri Prakash)
Director (Admn)

Be the first to comment - What do you think?  Posted by admin - January 12, 2015 at 9:31 am

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Revised proforma for the enrolment of retired Government officials willing to be hired as consultants – CGA Orders

Revised proforma for the enrolment of retired Government officials willing to be hired as consultants – CGA Orders

 No.G.25014/131/2013/MF.CGA/IAÐ/320-3S 9

Government of India
Ministry of Finance
Department of Expenditure
O/o Controller General of Accounts
Internal Audit division

Lok Nayak Bhavan Khan Market
New Delhi 110003
Dated: 6 Jan 2014

OFFICE MEMORANDUM

Subject: Revised proforma for the enrolment of retired Government officials willing to be hired as consultants.

This office has been maintaining a list of retired Govt. officials who are willing to work as consultants.

It is requested that information about willing officials may be obtained in the revised proforma which is enclosed herewith along with terms and conditions for engagement as consultant. This will enable this office to provide relevant and necessary information to Ministries/Departments requiring services of consultants. In order to update our records the details of consultants engaged by you and feedback on the basis of their performance may also be furnished in the proforma enclosed.

sd/-
(Sonali Singh)
Jt. Controller General of Accounts

Source: www.cga.nic.in
[http://cga.nic.in/writereaddata/RevisedProforma06012014.pdf]

Be the first to comment - What do you think?  Posted by admin - January 21, 2014 at 2:48 pm

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Employing Retired Central Government Officers as Consultants in the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises – DHI Ordres

Employing Retired Central Government Officers as Consultants in the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises – DHI Ordres


F.No.A-12024/1/2011-Admn.

Government of India
MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES
DEPARTMENT OF HEAVY INDUSTRY

Room No.16, Udyog Bhawan
New Delhi-110011
Dated the 18th July, 2013

CIRCULAR

Subject: Engagement of Retired Central Government Officers as Consultants in the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises.

The Department of Heavy Industry proposes to prepare a panel of officers of Central Government, who have retired from the Service or will be retiring in the next 3 months at Section Officers’ level in the Grade Pay of Rs. 4800/- & above, for engagement as Consultants against the vacancies at Section Officers’ level. They should have experience of minimum 10 years in Administration / Record Management / Finance / Procurement / Parliament matters / Legal matters and also have working knowledge of Computer. The initial engagement will be for a period of one year and may continue further subject to their performance & availability of vacancies. The maximum age limit for engagement as Consultant is 65 years.

2. Such persons would get monthly remuneration equivalent to their Last Pay Drawn (Band Pay + Grade Pay + Dearness Allowance) minus Basic Pension & Dearness Pension.

3. The willing & eligible retired/retiring officers of Central Government are requested to send their Bio-Data and contact details, specially mentioning the details of their Experience/Grade Pay drawn etc. to the undersigned positively by 31st July 2013.

sd/-
(AJAY KUMAR GAUR)
Under Secretary to the Govt. of India

Source: www.dhi.nic.in
[http://dhi.nic.in/Engag_retired_off_180713.pdf]

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Engagement of Retired Section Officers who were holding analogous posts in purely Government Organisations as Consultant — Inviting of applications from eligible thereof.

No.21/1/2013CS.I(P)
Governemnt of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

2nd Floor, Lok Nayak Bhawan, New Delhi.
Dated 1st May 2013

OFFICE MEMORANDUM

Sub:- Engagement of Retired Section Officers who were holding analogous posts in purely Government Organisations as Consultant — Inviting of applications from eligible thereof.

The undersigned is directed to forward herewith a copy of Directorate General of Supplies & Disposals, Department of Commerce (Supply Division)’s letter No.A- 12023/1/2013-A-III dated 23/04/2013 on the subject above, inviting applications for filling up the vacant post of Section Officers in Directorate General of Supplies & Disposals (DGS&D) for information and necessary action. Applicants may forward their application to DGS&D directly.

sd/-
(ParminderSingh)
Under Secretary to the Govt. of India

Click here to view the Annexure I, II and III…

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/20020_4_2010-Estt.D-30042013.pdf]

Be the first to comment - What do you think?  Posted by admin - May 2, 2013 at 4:29 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]

Be the first to comment - What do you think?  Posted by admin - February 24, 2013 at 3:10 pm

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Creation of corpus for retired employees of CPSEs

Creation of corpus for retired employees of CPSEs

No.2(81)/2008-DPE(WC)-GL-XIV/12
Government of India
Ministry of Heavy Industries & Public Enterprises
Deportment of Public Enterprises
Public Enterprises Bhawan,
Block No.14, CGO Complex,
Lodhi Road, New Delhi-110 003
Dated: 27th August, 2012
Corrigendum
Subject: – Creation of corpus for retired employees of CPSEs.
The undersigned is directed to refer to DPE O.M. of even number dated 20.07.2011 on the subject mentioned above. The date ‘08.02.2009’ appearing at the end of para 2 (iv) of the DPE O.M. dated 20.07.2011 may be read as “08.07.2009”. There is no change in other contents of the said O.M. dated 20.07.2011.
sd/-
(P.J.Michael)
Under Secretary
Source: www.dpe.nic.in

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