Pensioners born on 1.1.1946/1938/1928 are suffered due to modification of FR 56 by the Finance Ministry – BPS

Deprivation of all the Central Pay Commission benefits in terms of pay revisions and pensionary benefits, suffered by Pensioners born on 1.1.1946/1938/1928 owing to their retirements on 31.1 2.2005/I 995/1985 as a result of modification of FR 56 by the Ministry of Finance.

No : BPS /SG/Rep/K12/3

Dated :15-11-2012

The Secretary,

Department of AR,PG & Pensioners’, Ministry of Personnel, PG &Pensions Govt. of India,

5th floor Sardar Patel Bhawan. New Delhi — 110001

Sub: Deprivation of all the Central Pay Commission benefits in terms of pay revisions and pensionary benefits, suffered by Pensioners born on 1.1.1946/1938/1928 owing to their retirements on 31.1 2.2005/I 995/1985 as a result of modification of FR 56 by the Ministry of Finance.

Respected Sir,

This Representation is submitted by ‘Bharat Pensioners Sarnaj’ on behalf of Pensioners born on 1/1/1946, 1/1/1938 and on 1/1/1928 to seek restoration of all the Central Pay Commission benefits in terms of pay revisions and pensionary benefits.

2. While modifying the then existing provision of FR 56(a) that every government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years, it was provided on the 7th February, 1975 in Rule 56 (a) that a government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.

3. The proviso added by the Ministry of Finance singled orn the 1.1.1946/1938/1928-born pensioners, which deprived of the full Pay Commission benefits, which were granted to the rest of the pensioners, thus the application of the rule becoming bereft of the universality and uniformity maintained so far in keeping with upholding of a fundamental rule, It is a general principle that framing or amending of any statutory rule should be common to all retirees without exception and there should not be any discrimination.

4. It will be seen that the basic rule already stands relaxed by the Government itself consequent on its acceptance of the Third Central Pay Commission’s recommendation, by which all the government servants including those born on 1st of every month other than January, benefited, by way of extensions in their services besides the Sixth CPC Pay & Pension revision benifits, barring the 1st January-born governnent servants. While this initial relaxation has benefited the employees born on, 2nd of January and onwards and even 1st of every month other than January (which virtually means all the remaining 364 days of the year), as in their case their retirement as per the basic rule on the preceding day happened in the same year (post-2005), the relaxation was no applied in the case of the 1st January-born employees probably on ground that their retirement took place in the previous month and year(Pre-2006).

5. Actually, the relaxation of FR 56 should have been made in an equitable manner by treating the application of the basic rule, which stands amended, in consequential for the 1st January born employees also.

6. In response to a representation from a similarly affected 1/1/46-born pensioner, the Department of Expenditure seems to have made a stock observation that for any such revision, a line has to be drawn and wherever the line is drawn, there will be persons who retired on a previous day and would lose the benefits of pay revision, We strongly feel that this analogy may not hold good in flatters of pay & pension revisions consequent on the recommendation of Pay Commissions, since this happens not routinely but once in ten years as a measure of updating the pay & pensions, etc according to new economic conditions in the country and these recommendations encompass all government servants and there cannot be any exception by application of any extant rules, which are meant for only routine purposes.

7. Further, in regard to 1/1/46-born retirees it may be stated that they retired on the afternoon of the last day of the preceding month, i.e. 31/12/2005 consequent on a decision taken based on the Third CPC recommendation. This clubbed then with the other retirees who retired notionally on 31/12/2005. There is absolute need to provide an enabling provision, by adding another suitable provision under FR.56 (a), so that this category of pensioners, who have been left out for no fault of theirs — in fact it sounds as if they have been penalised for wrong-doing — can also avail the said benefits.

8. Thus there are several alternatives to remove the hardship being faced by the above-referred pensioners.

First, addition of second Proviso to FR.56 as prayed for in the Paragraph 7 and second is suitable amendment to the Government Resolution dated 29/8/2008, the third is to retire the 1 st January pensioners also on the 31st of the same month and the fourth is to grant 1st January born pensioners also to avail like the rest of the pensioners all the Pay Commission benefits, extension of services etc. by following the same principle as applied to Senior pensioners for grant of enhanced pension on attainment of 80 years, 85 years, etc. The best recourse will always be the removal altogether of the first proviso under this amended FR.

9. It will also be noticed that there is no proportionate reduction in enhanced pension for the particular month in which a pensioner attains the 81st/85th birthday irrespective of the date, ie. 1st day of the month or any other day of the month, he is paid full enhanced pension. In other words, there is no proportionate reduction for the part of the month during which the pensioner is below 80 years since the benefit has been made available for the whole month.

10. It is time to think of appropriate Administrative reforms to remove all such anomalous situation by the Govt. so that things can be put straight. They shall not view like yet another representation or grievance, but they need to take it as an improvement over the system that is prevailing. Such a right spirit will facilitate added repute to the HR based Administration of date. I think still many capable and positive oriented functionaries exist at top layer and hence the system keeps on and on in spite of all odd factors.

11. May I, therefore, request for a deep examination of the several issues raised here in above, with a view to finding a satisfactory and just solution to the hardship being faced by the pensioners referred to above?

Thanking you, Sir,

sd/-

Place: BPS Camp office Gurgaon

Date: 15.11.2012

Yours faithfully,

Er.S.C.Maheshwari

Secy. Genl.

BHARAT PENSIONERS SAMAJ