Minutes of the meeting with all CPPCs / Govt Divisions SBI on 10.01.2020

Minutes of the meeting with all CPPCs / Govt Divisions SBI on 10.01.2020

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

CPAO/IT &Tech/Master data/14 (Vol-III)/2018-19/176

21 .01.2020

Minutes of the Meeting

Kindly find enclosed the Minutes of the Meeting held on 10.01.2020 at 10:00 AM at Conference Hall of Central Pension Accounting Office (CPAO) with all Heads of CPPCs /Government Business Divisions of State Bank of India to review the implementation of 7th CPC pension revision and to discuss other issues under the Chairmanship or Chief Controller (Pension) for information and further necessary action.

Sr. Accounts Officer (IT & Tech)

Minutes of the meeting held on 10.01.2020 with all the Heads of CPPCs/ Government Business Divisions of State Bank of India (SBI) to discuss various issues.

Also check: Revised Rotational Transfer Policy applicable to CSS officers – Latest DoPT Orders 2020

A Meeting was held on 10.01.2020 under the Chairmanship of Chief Controller (Pensions) with the representatives of CPPCs of SBI to discuss the timely payment of revised pension and arrears under 7th CPC and other pension related issues. At the outset, Chief Controller (Pensions) welcomed all the participants and emphasized on the need of timely payment of revised pension and arrears in the accounts of the pensioners by the CPPCs. Agenda items of the meeting were discussed in detail and the following decisions were taken.
List of participants is attached at Annexure-I.
Agenda Item No. 1- Implementation of 7th CPC Pension Revision and its reporting by CPPCs
It has been observed from the reports as on 30th December, 2019 that there are delays in crediting the revised pensions as well as arrears of pensions/family pensions by the CPPCs. As per the reports, there arc many cases which are pending for more than 31 days. CPPC-wise details of the pending cases were handed over to all the representatives. Most of the CPPCs reported that they had already revised and credited pension to the pensioner / family pensioner accounts.
It was informed by the CPPCs that revision of pension cases are pending due to following reasons,
a) Discontinued PPO (more than 3 years.)
b) Non submission of life certificate.
Keeping in view of the above, it was decided that all the CPPCs would :
a) reconcile the scams of revised pension cases provided to them
b) prepare a list of discontinued PPOs and forward it to CPAO.
c) prepare a list of cases in which life certificate is pending along with details of the pensioners and forward it to CPAO.

(Action : CPPCs )

Agenda Item No. 2 - Obtaining KYC from CPPCs for settlement of pending revision cases.

Most of the revisions pertaining to 7th CPC are already done. As per the records of CPAO, 119690 revision of pension cases are still pending as details of some pensioners are not available with either concerned PAO or I lead of Office.
Although KYC details were received from all the CPPCs of Sl:JI, All the CPPCs are req uested to furnish the detail of the KYC detail as and when it is asked by the CPAO.

(Action : CPPCs )

Agenda Item No. 3 - IT related issue w.r.t e-Revision and fresh Pension cases

• Acknowledgement of SSA

All the CPPCs of SBI were instructed to ensure forwarding the acknowledgement of e-SSA electronically to CPAO at the earliest so that the difference between e-SA forwarded by the CPAO and e-SSA received by the CPPCs could be nullified. CPPCs were also provided the formal for Acknowledgement. All the CPPCs were advised to share their inputs with NIC, CPAO, if any problem is faced.
All the CPPCs were also instructed to acknowledge the receipt of SSA and Physical PPO booklet received by them .

(Action: CPPCs / NIC CPAO)

• Development of e-PPO Booklet

CPAO is forwarding the e-PPOs received from PFMS to the CPPCs along with physical PPO booklets for making necessary changes in their system. However, the manual PPO booklet is deemed sacrosanct for making payment. It was also intimated in the meeting that physical PPO booklet will be discontinued soon.
All the CPPCs were again requested to make necessary changes in their software accordingly and comments, if any, may please be submitted to CPAO.

(Action: CPPCs)

Agenda Item No.4- Compliace of Internal Audit observations on 7th CPC revisions.

It has been observed that clear and complete compliance reports arc not being submitted by the concerned CPPCs .
All the CPPCs were requested to give full details in their compliance reports of the objection raised by Internal Audit Wing so that the same could be verified and settled. All the CPPCs were also been asked to improve and strengthen their internal control mechanism to avoid re-occurrence of the mistakes pointed out by the Internal Audit Wing of CPAO.
The possibility of providing a utility lo upload the compliance report on the Bank’s login section of CPAOs website will also be explored.
Internal Audit Wing was instructed to prepare an “Audit Manual” under the guidance of Technical Section, CPAO.

(Action: CPPCs , NIC(CPAO), IAW (CPAO) and IT & Technical (CPAO))

Agenda Item No. 5 - Timely commencement of family pension, additional pension & restoration of commuted portion of pension by CPPCs

It has been observed that family pension, additional pension and commuted portion of pension are not timely commenced/restored. Since these issues are regularly discussed in the various meetings i.e. SCOVA Meeting, High Level Meeting, Standing Committee Meeting, etc., all the CPPCs were advised to ensure timely payments.

(Action: CPPCs )

Agenda Item No.6 - Timely submission of Life Certificates :

CPAO is responsible for the disbursement of death/disability pension under NPS­ Additional Relief. First time identification of the pensioners is being done in the Bank branches based on the KYC details available with the CPPCs where the pensioners / family pensioners have opened their pension accounts. CPAO starts the pension payment based on the first time identification report received from CPPCs. These CPPCs branches are also responsible for sending the life certificates of the pensioners / family pensioners to CPAO for the continuation of pension to NPS-AR pensioners, in the month of November as CPAO is the disbursing authority.
However, it is noticed that in many cases, despite submission of life certificates by the pensioners, bank branches have not forwarded the same to CPAO. It has also come to notice of this office that some bank branches are refusing to accept life certificate from NPS-AR pensioner for onward transmission to CPAO.
It was decided that CPAO will send the details of pending life certificates of NPS-AR pensioners to concerned CPPCs with a request to instruct concerned branches to obtain and furnish the life certificate to CPAO in time so that pensioners are not put under any financial hardship.
All the CPPCs were requested to accept life certificate both physically and digitally and promote “jeevan Praman” among pensioners.
Further, CPPCs were once again informed that they should not make payment in NPS-AR cases.

(Action: CPPCs & NPS Section)

Agenda item No .7 - Return of Old PPO by the CPPCs .

Allotment of 12 digits PPO Number
It has been noticed from the CPAO data base that some pensioners are still drawing pension from the old alpha numeric code. These alpha numeric data is reflected in the Payment scroll. CPPC-wise derails were provided to the concerned CPPCs.
It was decided that all the CPPCs will send a scan copy of the PPO for allotment of 12 digit PPO Number.

• Return of Inactive PPOs.

Pension Payment Orders which are not in operation /inactive may be returned to CPAO for deletion from the CPAO database. It is noticed from the database of CPAO that old PPOs which arc inactive arc not being forwarded by the bank to the CPAO. CPPCs were advised to forward the same to CPAO al the earliest

(Action: CPPCs )

Agenda Item No.8- Submission of e-scrolls and Master Data Reconciliation

• Submission of e-scrolls

It has been observed that there is slight improvement in submission of e-scrolls by CPPCs.
Details of pending scrolls were shared with the CPPCs and all the CPPCs were instructed to ensure that e- scrolls are updated on a daily basis to CPAO after matching it thoroughly with the pension payments made. The CPPCs should ensure that the date of scroll should be the date of transaction as appearing in the put through statement issued by RBI. Furthermore, if any problem is faced by the CPPCs in uploading the e-scroll, they may contact this office on email addresses mentioned below:-

kumardavinder [at] gmail.in
it [dot] support [dash] cpao[at]gov[dot]in
sraotech67 [at] gmail.com

(Action: CPPCs and NIC)

• Master Data Reconciliation

Correct and reconciled master data maintained at CPPC level is a must for ensuring correct payment of pension to the pensioners and avoid chances of excess/less/wrong payment of pension. However, many instances have come to the notice of CPAO regarding less/over payment of pension leading to the grievances and court cases by the pensioners. The reason for discrepancy in payment of pension is that CPPCs are not reconciling the master data with the CPAO database regularly. There is inordinate delay in uploading of Master Data by some CPPCs. Some CPPCs have not submitted their Master Data for last 2 years. For updating on Master Data at CPAO level, whenever any value/data in the pension of a pensioner/family pensioner is changed, the same is required to be reported by the bank through Format-F of e-Scroll However, it is noticed that CPPCs are not providing the changed information to the CPAO.
All the CPPCs were instructed to upload Master Data for reconciliation and submit the changed information in Format-F on “quarterly” basis. Furthermore, if any problem is faced by the CPPCs in uploading the master data, they may contact this office on email addresses mentioned below:

kumardavinder [at] gmail.in
it[dot]support [dash] cpao[at]gov[dot]in
sraotech67 [at] gmail.com

(Action: CPPCs and NIC)

Agenda Item No. 9-Discontinuation of BSR Code

At present, BSR code is being used in CPAO to identify bank branches. It has been observed in many cases that Pensioners do not know BSR code of Pension Account Holding Branch and even many bank branches do not know their BSR Code and often misunderstand it with branch code. IFSC is another uniq ue code which can be used to identify individual bank branches and is known to both CPPCs and pensioners.RBI has also given its consent for using IFSC instead of BSR code for identification of Bank Branches.
However, the IFSC from all the CPPCs of SBI have been received. All the CPPCs and GBDs of SBI are requested to send the IFSC of the branches as and when it is asked by the CPAO.

(Action: CPPCs )

Agenda Item No.10- Handing over of SSA to the pensioners by CPPCs

All present, pensioner copy of SSA is being sent to the pensioners through post. References arc being received by pensioners that they are not receiving their SSA copy due to following reasons.

1. Some pensioners change their addresses after retirement.
2. Some pensioners/family pensioners are illiterate and they are not well versed with technology to take printout of their SSA from CPAOs website.

All the CPPCs agreed to provide a copy of SSA to the pensioner by the Pension Account Holding Branch on request of the pensioner.

(Action: CPPCs)

Agenda Item No. 11-Pendency of Pensioners’ Grievances for more than 3 months through Web Responsive Pensioners’ Service (WRPS)

It has been observed that many grievances are pending with CPPC, some of which are more than 30 days. CPPCs informed that they had disposed some of the grievances but not updated them under WRPS module.
CPPCs were requested to ensure that all the grievances which are pending with them are disposed of within one month and update the same on the WRPS portal so that pensioners are informed accordingly.

(Action: CPPCs / (NIC) CPAO /Grievance Cell)

Agenda Item No.12- Providing of Payment Details to all the Pensions

As per CPPC guidelines, CPPCs should provide account statement, TDS details, pension slip, the Due and Drawn Statement in respect of each arrear and the Annual Income Statement to the pensioner.
CPPCs were requested to follow the CPPC guidelines and provide the pension slip, breakup of the pension and arrear payments and other information as required to the pensioners.

(Action : CPPCs)

Agenda Item No. 13 - Issues pertaining to Defence Accounts, Deptt. of Telecommunication and Ministry of Railways

Defence Accounts :
a. Acknowledgement of e-PPO by CPPCs
All the CPPCs were suggested lo develop a mechanism for acknowledgement of c· PPOs by CPPCs.
b. Delay in crediting of pension and family pension in the account of the pensioners.
It has been observed from the e scrolls received in the O/o PCDA that some of the CPPCs are crediting pension and Family pension very late in the account of pensioner especially civilian pensioner. All the CPPCs were handed the pendency list and were requested to improve their performance in crediting the pension/ family pension on time.
c. To provide image of PPO for data purification
All the CPPCs were requested in the meeting to provide PPO image to them to facilitate data purification which was agreed to.
d. Attend the meeting as and when it is convened by the PCDA.
All the CPPCs were requested to attend meetings as and when convened by the PCDA

Dept of telecommunication:
a) Recovery of excess and overpayment of pension
b) Return of inactive PPOs
c) Delay in Timely Payment of Pension and Family Pension
d) Reconciliation of Data

Ministry of Railways :-
a) Non-submission of E-scroll on time and Reconciliation thereof.
b) Acknowledgement of e-PPO

(Action: CPPCs)

Agenda Item No.14- Any other points with permission of chair

a) Payment of LTC to the pensioners of UT Chandigarh

The issue of payment of LTC to the pensioners of UT Chandjgarh was raised. The issue is being examined by the Central Pension Accounting Office (CPAO).
The meeting ended with a vote of thanks to the chair.

Reckoning of Charge Allowance for the purpose of revision of Pension of Pre-2016 retirees in terms of 7th CPC

Reckoning of Charge Allowance for the purpose of revision of Pension of Pre-2016 retirees in terms of 7th CPC

7th CPC

Charge Allowance may have been paid w.e.f. 01.01.2016 to 30.06.2017 at old rates which was admissible before 2016, the same may be reckoned for calculation of retirement benefits of employees who retired between the periods from 01.01.2016 to 30.06.2017

PC-VII No.148/2020
RBE No.14 /2020

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. D-43/15/2019-F(E)III

New Delhi, dated: 30.01.2020.

The General Managers / Principal Financial Advisors,
ll Zonal Railways / Production Units.

Sub : Reckoning of Charge Allowance for the purpose of revision of Pension of Pre-2016 retirees in terms of 7th CPC recommendations - reg.

Consequent upon the recommendations of 7th CPC, instructions were issued vide Board’s letters No.2016/F(E)III/1(1)/7 dated 10.08.2016 and 22.05.2017, regarding revision of pension / family pension of pre-2016 pensioners / family pensioners. A number of references have been received in this office for reckoning of Charge Allowance for the purpose of notional fixation of pay and accordingly revision of pension w.e.f. 01.01.2016.

2. The true nature of charge allowance was earlier considered by the Board and it was decided that the charge allowance, which is actually in the nature of pay restricted under FR-35. should be reckoned as 'Pay' as defined in Rule 1303(FR-9)(21) (a)(i) R-II/6th Edition and as such, it would count as pay for the purposes of pension. gratuity etc. as well as for leave encashment. Accordingly, instructions were issued vide letter No. F(E)III/94/PN1/26 dated 23.06.1995.

3. The issue has again been examined in Board keeping in view the earlier decision on charge allowance cited in para 2 above and it has been decided as follows:-

• Since. Board had already decided to treat the charge allowance as pay restricted under FR-35 and to reckon it as emoluments for pensionary benefits vide letter dated 23.06.1995, the charge allowance may be taken into account for notional fixation of pay for the purpose of revision of pension / family pension of pre-2016 retirees w.e.f. 01.01.2016 in terms of first formulation as conveyed by Board’s letter No. 2016/F(E)III /1(1)/7 dated 22.05.2017.
• Pay fixed in terms of Board’s letter No. PC-VII/2017/ 1/7/5/8 dated 08.08.2019 w.e f. 01.07.2017 may also be treated as emoluments in terms of Rule 49 of the Railway Services (Pension) Rules, 1993 for the purpose of fixation of pension.
• Since, Charge Allowance may have been paid w.e.f. 01.01.2016 to 30.06.2017 at old rates which was admissible before 2016, the same may be reckoned for calculation of retirement benefits of employees who retired between the periods from 01.01.2016 to 30.06.2017.

4. Please acknowledge receipt.

(G. Priya Sudarsani)
Director, Finance (Estt.),
Railway Board.

One notional increment to those retired on 30th June after completion of 365 days

BHARAT PENIOSNERS SAMAJ
(All India Federation of Pensioners’ Association)

One notional increment to those retired on 30th June after completion of 365 days

No.SG/BPS /01/20/16

Dated: 16.01.2020

To
The Union Minister of Finance
The Union Minister of Law & Justice
The MOS (PP) PMO
Secy , DOPT
JS, DOP & PW

Subject : One notional increment to those retired on 30th June after completion of 365 days

Madam / Sir,

Constitution of India is sacrosanct, Government Policies & Rules have to be in Synchronization with the constitution. In case of variations Policies & Rules need to be amended to suit the provisions of the constitution of India.

“Article 14 of the Constitution ensures equality among equals : its aim is to protect persons similarly placed against discriminatory treatment. (State of U.P. [(1969) 1 SCC 817])) Pensioners form a homogenous group (D.S. Nakara & Others vs Union Of India on 17 December, 1982) Equivalent citations: 1983 AIR 130, 1983 SCR (2) 165 wherein it was HELD: Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. Principle underlying the guarantee is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another.

Also check: Retirement guide for a central government employees

Madam / Sir, Answers to Lok Sabha unstarred Q No 427 & 2027 (copies attached ) seek to introduce discrimination among Similarly placed.

The judgments under reference may be in Persona, REM or Supra. The fact remains that the honorable courts decided an issue relating to pensionary benefit and that UOI was one of the party to the case as such to ensure equality under Article 14 of constitution it need to be applied to all similarly placed and not only to appellant.

Honourable PM (in his speech in Golden Jubilee celebration of Dethi High court) as well as Honourable Supreme Court through pronouncements in several of its judgements has said that the issue once decided should apply to all similarly placed. MOD through its circulars CGDA, Ulan Batar ‘Road, Palam-Delhi Cantt No AN/III/ 3012/Circular/Vol.VII Dated 30.10.18 and GOI Ministry of Defense D(CMU), Sena Bhawan, New Delhi, Dated 07.09..2018 has provided application of Court judgments to all similarly placed.

Check this: Latest news for pensioners of central govt

Govt. of Tamil Nadu. too has applied court judgment on the same issue for all similarly placed pensioners vide FINANCE (PAY CELL) DEPARTMENT G.O.Ms.No.140, Dated: 25th April, 2018. Irony is that PM & Apex court desires application to all similarly placed the Service/ Pension issues once legally decided. MOD too provides application of Court judgments to all similarly placed (which includes Defence civilians also). But DOPT and DOPPW do not agree to it.

Bharat Pensioners Samaj once again request you not to push pensioners who are in the evening of their lives to courts to seek redress on issues already decided. Please have MERCY on them.

Thanking You

Yours truly,
Sd/-
S C Maheshwari
Secy General Bharat Pensioners Samaj

Additional Relief on death/disability of Central Government servants covered by NPS - CPAO Life Certificate

Additional Relief on death/disability of Central Government servants covered by NPS - CPAO Life Certificate

Government of India

Ministry of Finance

Department of Expenditure

Central Pension Accounting Office

Trikoot-II, Bhaikaji Cama Place,

New Delhi-110066

Phones: 26174596,26174456,26174438

CPAO/IT&Tech/Life Certificate/2 Vol―V/2019-20/159 Dated 13.12.2019

OFFICE MEMORANDUM

Attention is invited to Para 3 (xix) of OM No.1(7)/DCPS(NPS)/2009/TA/221 dated 02,07.2009 and subsequent corrigendum No. 1(7)/DCPS(NPS)/2099/TA/295 dated 27.05.2013 issued by O/o the Controller General of Accounts, Department of Expenditure, Ministry of Finance for submission of the requisite certificates by the Pensioners/Family Pensioners covered under NPS-Additional Relief Scheme(NPS-AR) wherein it is mentioned that -

"The Pension Account Holding Bank will be responsible for obtaining periodical certificates such as Life Certificate, Re-employment Certificate, etc. (as prescribed in CPAO's Scheme for "Payment of Pensions to Central Government Civil Pensioners through Authorised Banks") and intimating electronically to CPAO on due dates. (Life Certificate should be obtained on 1st November each year and intimation uploaded on CPAO's website.) Drawing of pensions/family pension will be subject to the receipt of Life Certificate by CPAO".

Also Check: Availing benefit of Additional Relief on Death / Disability of the Government Servant covered under NPS


2. This office is receiving Grievances from Pensioners/Family Pensioners covered under NPS-AR wherein it is stated that some Pension Account Holding Banks are not receiving periodical certificates such as Life Certificate, Re-employment Certificate, for onward transmission to CPAO electronically (through email) on due dates which results in delay in crediting the pension into the pensioner's account by CPAO.

3. All the Heads of CPPCs/Government Business Departments are requested to direct the concerned Branches of their Bank to obtain the requisite certificates , i.e. as Life Certificate, Re-employment Certificate, etc from the pensioners and intimate electronically (through email) to CPAO on due dates for making timely payment of pension and family pension to pensioners under NPS-AR Scheme.

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

Md.Shahid Kamal Ansari

(Dy. Controller of Accounts)

Download Order

CPAO – Discontinuation of BSR code

CPAO – Discontinuation of BSR code

CAPO

Discontinuation of BSR code

CPAO/1T&Tech/e‐PPO/6(Vol‐ X) (D)/PF/2019-20/140

01.11.2019

OFFICE MEMORANDUM

Subject: Discontinuation of BSR code-regarding

Kind attention is invited to this office OM No. CPAO/IT tech/e-PPO/6 (Vol-X)(D)/ 2019-20/81 dated 19.08.2019 (copy attached wherein all the Heads of CPPCs of Authorized Banks were requested to offer comments on shifting from BSR Code to IFSC for processing the pension cases of the pensioners concerned under “Scheme for payment of Pension to Central Government Civil Pensioners through Authorised Banks”.

Also check: CPAO – Applications for engagement of Three Consultants on Contract Basis

The matter was also taken up with Reserve Bank of India (RBI) and it is intimated that RBI has conveyed their concurrence on the proposal from shifting from BSR Code to IFSC for processing the pension cases of the pensioners. Copy of comments received from RBI is attached.

No comments from the Banks side have been received in this office. Therefore, all the Heads of CPPCs of Authorized Banks & Govt. Business Deptt. are once again requested to offer their comments on the proposal from shifting from BSR Code to IFSC expeditiously, in any case not later than 15th December, 2019. If no reply / comments are received from the Banks, it will be assumed that they have nothing to say on the matter. Priority may be accordingly given to this issue.

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

Encl:- As above

(Md. Shahid Kamal Ansari)

(Dy. Controller of Accounts)

Source: CPAO

Madras High Court Order - Notional increment/re-fixation of pensionary benefits

Madras High Court Order - Notional increment/re-fixation of pensionary benefits

F.No.A-23011/36/2013-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block, New Delhi,
Dated the 18 October, 2019

To,
All Pr. Chief Commissioners / Chief Commissioners / Director General under CBIC,

Subject: Grant of notional increment / re-fixation of pensionary benefits as per Hon’ble Madras High Court Order in WP No. 15732/2017 in the case of Sh.P.Ayyamperumal - regarding.

Sir/Madam,

1. I am directed to inform that the Order dated 15.09.2017 of the Hon’ble High passed in the matter of P.Ayyamperumal’s case (WP No.15732/ 2017) is in personam and not in in rem. Therefore, the CBIC has implemented the High Court’s order in personam after dismissal of review petition filed in the Supreme Court, for petitioner only which would not be quoted as precedent in future.

2. A number of cases on the similar grounds are pending at various fora, and similar demands from other similarly placed officers could also arise after Hon’ble Supreme Court’s Order dated 08.08.2019 in R.P.(C) No.1731/2019. Keeping this in mind, a request was made to DoPT seeking their opinion about the future course of action to be taken in case pertaining to similarly placed applicants and non ­ applicants.

Also check: Grant of one notional increment/pension benefits to retirees those who retired on 30th June as per Madras High Court Order

3. DoPT has now informed that Deptt. of Legal Affairs have observed that:

"It is very clear that the judgment of Hon’ble High Court of Madras passed in the matter of Sh. P.Ayyamperumal is in personam and not in rem."

4. Based on the above, DoPT has informed that in so far as other similar cases are concerned, the same may be defended on following grounds:-

4.1 In so far as P. Ayyamperumal case is concerned, it is stated that the judgment of Hon’ble High Court of Madras is in personam.

4.2 Further, the case of Sh. M Balasubramaniam referred by Hon’ble High Court in it’s judgment in P. Ayyamperumal case is related to Fundamental Rules of Tamil Nadu Government whereas P. Ayyamperumal case relates to Central Government Rules.

4.3. It is relevant to mention here that in a similar matter, Hon’ble High Court of Andhra Pradesh at Hyderabad in year 2005, in C.Subbarao case, has inter-alia observed as under:

In support of the above observations, the Division Bench also placed reliance on Banerjee case (supra). We are afraid, the Division Bench was not correct in coming to the conclusion that being a reward for unblemished past service, Government servant retiring on the last day of the month would also be entitled for increment even after such increment is due after retirement. We have already made reference to all Rules governing the situation. There is no warrant to come to such conclusion. Increment is given (See Article 43 of CS Regulations) as a periodical rise to a Government employee for the good behavior in the service. Such increment is possible only when the appointment is “Progressive Appointment” and it is not a universal rule.

Also read: Grant of Notional Increment on completion of 12 Months of Service

Further, as per Rule 14 of the Pension Rules, a person is entitled for pay, increment and other allowances only when he is entitled to receive pay from out of Consolidated Fund of India and continues to be in Government service. A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter (See Article 151 of CS Regulations), because he would not answer the tests in these Rules.

Reliance placed on Banerjee case (supra) is also in our considered opinion not correct because, as observed by us, Banerjee case (supra) does not deal with increment, but deals with enhancement of DA by the Central Government to pensioners. Therefore, we are not able to accept the view taken by the Division Bench. We accordingly overrule the judgment in Malakondaiah case (supra).

4.4 In addition, subsequent to the judgment of Hon’ble High Court of Madras in P. Ayyamperumal’s case, Hon’ble CAT Madras Bench vide its orders dated 19.03.2019 in 0.A. No. 310/00309/ 2019 and O.A. No. 310/00312/ 2019 and Order dated 27.03.2019 in O.A. No. 310/00026/ 2019 has also dismissed the similar requests related with notional increment for pensionary benefits.

5. Accordingly, it is requested that all the pending / future court cases on the similar issue should be defended/ dealt with adequately on the above lines.

Yours faithfully,
sd/-
(A.K. Mishra)
Under Secretary to the Government of India

Gazette Notification - Central Civil Services CCS (Pension) Second Amendment Rules, 2019

Gazette Notification - Central Civil Services CCS (Pension) Second Amendment Rules, 2019

CCS (Pension) Second Amendment Rules, 2019.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 19th September, 2019

G.S.R. 673(E). - In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely :-

Check this: Government amends Rule 54 of CCS (Pension) Rules, 1972

1. Short title and commencement. (1) These rules may be called the Central Civil Services (Pension) Second Amendment Rules, 2019.
(2) They shall come into force from 1st day of October, 2019

2. In the Central Civil Services (Pension) Rules, 1972,-
(i) in rule 54,
(a) in sub-rule (3), -

• (A) in clause (a), in sub–clause (i), the words “after having rendered not less than seven years’ continuous service” shall be omitted;
• (B) in clause (b), in sub-clause (i), the words “after having rendered not less than seven years’ continuous service” shall be omitted;

(b) after sub-rule (3), the following sub-rule shall be inserted, namely: –

• “(3A) Where of a Government servant who died within ten years before the 1st day of October, 2019, without completing, continuous service of seven years, his family shall be eligible for family pension at enhanced rates in accordance with sub-rule (3) with effect from the 1st day of October, 2019, subject to fulfilment of other conditions for grant of family pension.”

(ii) in rule 79, for clauses (a) and (b), the following clauses shall be substituted, namely:-

(a) For the purpose of Family Pension, 1964, if the family of the deceased Government servant has become eligible for family pension in accordance with sub-rule (2) of rule 54, the amount of family pension and the period for which it is payable shall be determined in accordance with sub-rule (3) of rule 54 within one month from the date of receipt of intimation of the date of death of the Government servant.

Also read: Central Civil Services (Leave) Second Amendment Rules, 2017

(b) For the purpose of death gratuity ,–

• (i) If the entire service rendered by the deceased Government servant is not capable of being verified and accepted, the amount of death gratuity shall be provisionally determined in accordance with clause (b) of sub-rule (1) of rule 50 on the basis of the length of qualifying service which is verified and accepted immediately preceding the date of death of the Government servant and the amount of death gratuity, so determined shall be authorised to the beneficiaries on provisional basis within one month from the date of receipt of intimation of date of death of the Government servant.
• (ii) The final amount of the death gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service by him within a period of six months from the date on which the authority for the payment of provisional death gratuity was issued and the balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiaries.”;

(iii) for Form 18, the following Form shall be substituted, namely:-

“Form 18
[See rules 78(1), 80(1), 80(3), 80 (5), 80-B (1) and 80-B (5)]
Assessment and authorisation of payment of family pension and death gratuity when a Government servant dies while in service

Download the FORM 18

Setting up of NPS oversight mechanism - RAILWAYS

Setting up of NPS oversight mechanism - RAILWAYS

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE NO.58/2019
NO.2014/AC-II/21/6 Vol.I

New Delhi, dated 22.07.2019

General Managers,
All Indian Railways/PUSs etc.

Sub: Setting up of NPS oversight mechanism

Timely credit of deduction made from the salary of Central Government employees towards their contribution to NPS along with the Government contribution is of paramount importance for availability of due and timely returns thereon towards generation of pension corpus. Department of Expenditure vide their letter no. 1(24)/EV/2016 dated 02.07.2019 has desired setting up of an oversight mechanism to ensure oversight over the NPS contributions crediting. Accordingly, Board has decided that monitoring Committees, comprising of the following officers may be formed on each Railway/Unit:

1. FA&CAO in charge of NPS - Convener
2. Dy. CPO in charge of Bills & Settlement - Member
3. Dy. FA&CAO in charge of NPS - Member
4. The Committee shall be responsible for the following actions:

i. Ensuring that the contributions of employees and the Government are credited without delay to the NPS financial architecture both in case of existing employees and employees newly recruited from time to time and the existing system and procedure being followed for the purpose shall be monitored effectively to ensure that no delay in credit of the contributions takes place.
ii. Ensuring that in case any grievance by any employee is received in regard to delay in credit of contribution, either directly from the employee or through PFRDA, the same has been looked into and disposed of in a manner to the satisfaction of the concerned employees.
iii. Any other matter as having a bearing on the issue of crediting/remittance of NPS contributions.
iv. The Committee shall devise its own mechanism as also appropriate checks and balances to ensure that NPS contributions are credited on time in respect of all employees under NPS system.
v. The Committee shall meet at least once in 3 months to review the progress and in case any slippages are notices, it shall take immediate corrective action. However, the concerned Principal FA and Pr. CPO shall keep a watch over the progress on a regular basis.

The Committee shall oversee implementation of the NPS system as per action points brought out above and send status report on quarterly basis by 5th of the month following each quarter (i.e.. 5th April, 5th July, 5th October and 5th January) highlighting the result of the monitoring with concluding remarks whether the NPS contributions are being credited on time and in case of any slippages, the details of action taken for the same.

The names of the officers nominated in the Committee may be advised to Railway Board along with their mobile no. and email id. latest by 25th July, 2019.

(Vijay Kumar)
Financial Commissioner (Railways)

Senior Pensioners aged 80 years and above be allowed to submit their Life Certificate

DOP&PW

No. 1/20/2018-P&PW (E)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhavan.,
Khan Market, New Delhi-110003
Dated: 18.7.2019

OFFICE MEMORANDUM

Subject:- Submission of Life Certificate.

It has been the experience of this Department that the Senior Pensioners i.e. the pensioners 80 years and above are facing a lot of difficulties standing in queues while giving the Life Certificates in November. It has been under the consideration of the Government to provide some relief to such pensioners.

2. It has therefore, been decided by the Government, that Senior Pensioners aged 80 years and above be allowed to give their Life Certificate w.e.f 1st October every year instead of November which would be valid till 30th November of the subsequent year.

3. The remaining pensioners below the age of 80 years may continue to give their Life Certificate in November as per existing provisions of CPAO Scheme booklet.

This has the approval of competent authority.

(Sanjoy Shankar)
Under Secretary to Govt. of India

Guaranteed Pension to the Central Government Employees governed under NPS

Guaranteed Pension to the Central Government Employees governed under NPS

File No. PFRDA/16/3/29/0081/2017-REG-PF

Date: 13th February ,2019

To
Shri C.SriKumar
General Secretary

All India Defence Employee’s Federation
S.M.Joshi Bhavan, Survey No.81,
Dr.Babasaheb Ambedkar Road,
Khadki, Pune - 411 003

Subject: Guaranteed Pension to the Central Government Employees governed under NPS - reg.

Dear Sir,
We refer to your letter No.94/1094/NPS/AIDEF/19 dated 1st February, 2019 regarding subject mentioned above.

In this regard, we inform that the Authority is in process of designing a scheme providing minimum assured returns to the NPS subscribers in terms of Pension Fund Regulatory and Development Authority Act,2013, in consultation with the Pension Funds Actuaries and Financial Sector Regulators. The Proposal is under active deliberation and being workout in best possible way. It is proposed that the final proposal would be put up for stakeholder consultation in our website once the same is ready and feedback would be received from all concerned before finalizing the proposal.
The Authority would notify such minimum assured scheme once finalized with the approval of the Government.

This is for your information.

Yours sincerely,

(Venkateswarlu Peri)
Chief General Manager

Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972

Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972

No. 21 /01/2016-P&PW(F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners' Welfare)

New Delhi, the 12th February, 2019

OFFICE MEMORANDUM

Sub :- Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972 - Clarification regarding

The undersigned is directed to say that Rule 38 and Rule 49 of the Central Civil Services (Pension) Rules, 1972 have been amended vide Notification No. 21/1/2016-P&PW(F) dated 4th January, 2019 (copy enclosed). The proviso to the amended Rule 38 of the CCS (Pension) Rules provides that a Government servant who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49, subject to the conditions that the Government servant:

• (a) was examined by the appropriate medical authority either before his appointment or after his appointment to the service or post and was declared fit by that authority for Government sell/ice, and
• (b) fulfils all other conditions mentioned in this rule for grant of invalid pension.

In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule -A. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per month and maximum of one lakh twenty five thousand rupees per month, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years.

All Ministries/Departments are requested that the above clarification ma) be brought to the notice of Fiends of Department, Attached and Subordinate Offices, Controllers of Accounts. Pay & Accounts Offices. etc, under them.

Hindi version will follow,

(Harjit Singh)
Director

Stagnation Increment - Revision of Pension of Pre-2016 pensioners

Stagnation Increment - Revision of Pension of Pre-2016 pensioners

"Benefit of additional increment has been granted to those officers who were serving as on 1.1.2016. Those who retired/died before 1.1.2016 are, therefore, not eligible for increment after retirement for the purpose of pension."

No.38/37/2016-P&PW(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners' Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated the 21st December, 2018

Office Memorandum

Subject: Revision of Pension of Pre-2016 pensioners - Stagnation Increment regarding

The undersigned is directed to say that in pursuance of the decision taken by the Government on the recommendations of the 7th CPC, orders were issued vide this Deptt's OM of even number dated 12.5.2017 for revision of pension/family pension in respect of pre-2016 pensioners/family pensioners by notionally fixing pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which the Government servant / pensioner retired/died. Concordance tables for fixation of notional pay / pension of pre-2016 pensioners were issued vide this Department's OM of even number dated 6.7.2017.

2. References/representations have been received in this Department seeking clarification on the applicability of the OM dated 7.9.2016 for the purpose of notional pay fixation and revision of pension of pre-2016 pensioners and family pensioners w.e.f. 1.1.2016. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It is clarified that the benefit of additional increment has been granted to those officers who were serving as on 1.1.2016. Those who retired/died before 1.1.2016 are, therefore, not eligible for increment after retirement for the purpose of pension.

3. This issues with the approval of Department of Expenditure vide their I.D. No.1(3)/V-V/2018 dated 4.9.2018 and 1.D. No.1(3)/V-V/2018 dated 28.11.2018

sd/-
(S.K. Makkar)
Under Secretary to the Government of India

Clarification on Enhanced Family Pension Payable

Clarification on Enhanced Family Pension Payable - DoP&PW

No.1/1(5)/2018-P&PW(E)
Department of Pension & Pensionors' Welfare
(Desk E)

Sub: Clarification on date upto which enhanced family pension payable-reg.

Ref: CPAO ID No. CPAO/IT & Tech/Clarification/13(VOL-III)/P&PW/2017-18/193 dated 05.02.2018 and NIC Note, dated 3.4.2013.

CPAO may please refer to above mention ID, dated 5.2.2018 on the subject mentioned above.

2. It was decided to increase the age of retirement from 58 to 60 years vide its notification No.25012/2/97-Estt.(A) dated 13th May, 1998. In pursuance of this decision and in view of the recommendation of the Vth Central Pay Commission, in partial modification of Rule 54(3) (a) of CCS (Pension) rules, 1972, it was decided that the payment of family pension at enhanced rates will be payable for 7 years or till the government servant/pensioner would have attained the age of 67 years against the existing provision of 65 years. This has been applicable in cases where Government servant is to retire at the age of 60 years in pursuance of the notification dated 11.05.1998 and not where Government servant has already retired at the age of 58 years or would have retired at the age of 55 years but for his premature demise.

3. Subsequently rule 54(3)(a)(ii) has also been amended to read as under:
In the event of death of Government servant after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for u period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he survived, whichever is less.

4. In view of this it is clear that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement. date of retirement and age of superannuation applicable in the case of retired Govt. servant. This would equally apply in all Central Civil Govt. Departments/Offices including CPAF and Medical Officers.

5. This issues with the approval of competent authority.

sd/-
(Sanjoy Shankar)
Under Secretary

Source: CentralGovernmentNews.com

Pension of ex-Govt employees to be net of Income Tax

Pension of ex-Govt employees to be net of Income Tax

No BPS/ SG/pension/I.Tax/018/1  

Dated: 23.11.2018

To
The Arun jaitley ji
Honorable Cabinet Minister for Finance
Government of India
Subject: Pension of ex-Govt employees to be net of Income Tax

Sir,

With passage of time, the purchase value of pension due to steep rise in the cost of food items, caregivers and medical facilities etc gets substantially reduced. Due to inflation coupled with low interest rates value of their deposits in Banks/Post offices etc too go on reducing year by year adversely affecting the net-worth of Pensioners. Thus compelling them to compromise their standard of dignified living.

As was worked out & recommended by TECS (Tata Economic Consultancy Services) consultant to Vth CPC (Para 127.9 Vol III 5th CPC report) Pension need to be 67% of the last drawn to enable a pensioner to live with the same standard to which he was living while in service (Supreme Court pronouncement in DS Nakara vs UOI) but only 50% of last drawn is being paid. Old age relief given to Sr citizen in Income tax is too little to compensate.

You are therefore, requested to reconsider & accept the recommendation of Vth CPC vide their 167.11(copy attached) in this regard and spare the pension/family pension along with DR & FMA from the levy of income-tax.

Further to compensate fall in purchase value of their savings in deposits with banks & post offices rate of interests for senior citizens on their deposits should be 2% above the normal rate of interests as against the existing 0.25% to 0.50%.

Hoping for your sympathetic consideration

Thanking you in anticipation

With Regards
Sincerely yours,
S.C.Maheshwari
Secy Genl Bharat Pensioners Samaj

Pension payment procedure & Submission of certificates by retiring AFP along with pension papers

Pension payment procedure & Submission of certificates by retiring AFP along with pension papers

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

Circular No. 606

Dated: 24.09.2018

To,
The O I/C
Records/PAOs (ORs)

Subject:- Simplification of pension payment procedure - Submission of certificates by retiring Armed Forces Personnel along with pension papers.

Reference:- Circular No. 546 dated 10.09.2015.

Reference is invited to para-3 of GoI, MoD letter NO. 3(1)/2015-D(Pen/Pol) dated 25.08.2015 under which it has been decided by the Government that the required undertaking /status of non re-employment /employment after retirement may be obtained by the Record Offices/Head of Offices from the retiring Defence Personnel along with other documents before his retirement.

2. The undertaking regarding recovery of overpayment, non re-employment/ employment certificate alongwith the Descriptive Roll of the retiring JCO/OR or family pensioner in case of death, shall be forwarded to the Pension Disbursing Agencies along with Pension Payment Order by the Record Office concerned following the laid down procedure. In case of pensioner drawing Pension from agencies other than bank viz Defence Pension Disbursing Office/Treasury Office etc. a copy of cancelled cheque obtained from retiring personnel shall also be forwarded by the Record Office along with Pension Payment Order to the Pension Disbursing Agencies to ensure payment of pension into the pensioners’ account.

3. Of late, it has been brought to the notice of competent authority by the banking authorities that required undertaking regarding recovery of overpayment/ non re-employment/employment certificates are not being forwarded to the banks/ PDAs along with Descriptive Roll & PPO for payment of first pension as stated above, resulting in undue delay in first payment of pensionary award.

4. Therefore, it is advised that, to ensure the prompt and timely payment of pension, required undertaking regarding recovery of overpayment and non re­employment/employment certificates after retirement along with Descriptive Roll and PPO may be forwarded to Banks/PDAs for payment of first pension. Specimen copy of undertaking regarding recovery of overpayment & non re-employment/employment certificates are enclosed for reference.

5. This circular has been uploaded on this office website www.pcdapension.nic.in.

(Sushil kumar Singh)
(Jt. CDA(P)

Specimen copy & non re-employment/employment certificates attached here

Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

No.1/6/2017-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 Delhi-110003,
Dated the 10th October 2018

OFFICE MEMORANDUM

Subject: Revision of disability pension and family pension under CCS (EOP) Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS(EOP)Rules - inclusion of Non-practicing Allowance (NPA) for revision or disability pension and family pension covered under CCS(FOP) Rules to retired medical Officers - regarding

The undersigned is directed to say that orders were issued vide this Department’s OM No 45122/1997-P&PW (C) dated 11.9.2001 for revision of disability pension/Family pension under CCS(E0P)Rules in respect of Pre-1996 pensioners. These orders inter-alia provided for revision of Pension of Pre-1996 Disability Pensioners and family pensioners under EO.P Rules on the basis of the minimum basic pay in the revised pay scale applicable w.e.f 1 1.1996.

2. Vide this Department's OM No. 45/3/2008-P&PW(F) dated 30.9.2010, as amended vide OMs dated 20.11.2014, 29 4.2016 and 8.8.2016, orders were issued for revision of pre-2006 Disability Pensioners and family pensioners under EOP Rules on the basis of the minimum of the pay in the pay band plus grade pay or minimum of pay in the revised scare of pay applicable from 1.1.1996 corresponding to the pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30/8/2008.Revision of disability pension and family pension under CCS(EOP)Rules - inclusion of NPA

3, In implementation of the judgment dated 27.11.2013 of Hon'ble Supreme Court in CA No. 10640-36 of 2013 and other connected matters, orders were issued. vide this Department's OM No. 38/31/2011-P&PW (A) (Vol.IV) dated 14.10.2014 that in the case of Pre-1996 retired Medical Officers, NPA at the rate of 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to pre-1996 pay scales from which the pensioner has retired in cases where consolidated pension/family pension was to stepped up based on minimum of revised pay scales.

4. Similarly, orders were issued vide OM NO.38/31/2011-P&PW(A) (Vol-IV) dated the 18th February, 2015 that in the case of pre-2006 retired Medical Officers, NPA @ 25% would be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above ) as on 01.01.2006 corresponding to the pre-revised pay scales from which they retired in case where pension / family pension is to be stepped up to 50% / 30% of the minimum pay respectively

5. It is hereby clarified that for the purpose of revision of Disability Pension/family pension of the pre 1996 pensioners under CCS(EOP) Rules also, NPA at the rate of 25% shall be added .to the minimum of the pay in the revised scale of pay on 01,01.1996 corresponding to the Pre 1996 pay scales in respect of the retired Medical Officers. Similarly, for the purpose of revision of Disability pension/Family pension of pre-2006 pensioners under CCS(EOP)Rules, NPA @25% shall be added to the minimum of the pay in the pay band plus Grade pay or minimum of the pay in the revised pay scale applicable from 01.01.2006 corresponding to the pay scale from which the pensioner retired.

6. The emoluments (minimum pay + NPA) to be reckoned for calculation of the Disability Pension/Family pension in terms of the above provisions would not exceed Rs. 30,000/- w.e.f 1.1,1996 and Rs.85,000 w.e.f 1.1.2006.

7. The other terms and conditions stipulated in this Department’s OM No. OM No. 45/22/1997-P&PW (C) dated 11.9.2001 and OM No 45/3/2008-P&PW(F) dated 30,9.2010, 20.11.2014, 29.4.2016 and 8.8.2016 shall remain unchanged.

8. This issues with the approval of Ministry of Finance, Department of Expenditure vide their ID No.1(3)/E-V/2018 dated 08.08.2018

(Sujasha Choudhury)
Director

Important Central Administrative Tribunal (CAT) Judgement

Important Central Administrative Tribunal (CAT) Judgement 

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-

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

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

3. 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)
(OA No.571/2017)

O R D E R

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 31.12.2016 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.

Check the Judgement Copy

Supreme Court Judgement: Withholding of Pension or Gratuity

Supreme Court Judgement: Withholding of Pension or Gratuity
C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013
(Arising out of Special Leave Petition (Civil) No. 1427 of 2009)

State of Jharkhand & Ors.

….. Appellant(s)

Vs.

Jitendra Kumar Srivastava & Anr.

…..Respondent(s)

WITH
C.A. No. 6771/2013
(arising out of SLP(C) No. 1428 of 2009)

JUDGMENT

A.K. Sikri, J

1.Leave granted.

2. Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has - answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent.

Not happy with this outcome, the State of Jharkhand has preferred this appeal.

3. For the sake of convenience we will gather the facts from Civil Appeal arising out of SLP(Civil) No. 1427 of 2009. Only facts which need to be noted, giving rise to the aforesaid questions of law, are the following:

The respondent was working in the Department of Animal Husbandry and Fisheries. He joined the said Department in the Government of Bihar on 2.11.1966. On 16.4.1996, two cases were registered against him under various Sections of the Indian Penal Code as well as Prevention of Corruption Act, alleging serious financial irregularities during the years 1990-1991, 1991-1992 when he was posted as Artificial Insemination Officer, Ranchi. On promulgation of the Bihar Reorganisation Act, 2000, State of Jharkhand (Appellant herein) came into existence and the Respondent became the employee of the appellant State. Prosecution, in respect of the aforesaid two criminal cases against the respondent is pending. On 30th January, 2002, the appellant also ordered initiation of disciplinary action against him. While these proceedings were still pending, on attaining the age of superannuation, the respondent retired from the post of Artificial Insemination Officer, Ranchi on 31.08.2002.

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

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

Circular No. 200

No.AT/Tech/263-XXIII

Dated: 12/04/2018

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

Sub: Payment of dearness relief to re-employed pensioners and employed family pensioners: Clarification thereof.
Ref: This office Circular No. 166 dated 07/03/2013, Circular No. 173 dated 07/04/2014 and Circular No. 179 dated 12/05/2015.

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

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

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

(a) The re-employed pensioner retired from a civil or military post in the Central Government and was holding a post not included in classified as group 'A' or a post below the rank of commissioned officer in the armed forces;
(b) The entire amount of pension sanctioned by the Central Government was ignored in fixation of the pay on re-employment i.e. no part of the pension was taken into account in such fixation of pay in the pay scale of the post in which the Central government retired/retiree was re-employed/absorbed; and
(c) The pay of the re-employed/absorbee was/is fixed at the minimum of the pay scale of the post in which he had/has been initially re-employed after his retirement from the Central Government.
(d) If the pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given.

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

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Implementation of the recommendation of the 7th CPC- Option regarding commutation of additional amount of pension

Implementation of the recommendation of the 7th CPC- Option regarding commutation of additional amount of pension

KENDRIYA VIDYALAYA SANGATHAN (HQ)
18, Institutional Area,
SaheedJeet Singh Marg
New Delhi-110016.
Phone no. : 26561153, 26858570,
www,kvsangathan.nicin

Dated: 21.08.2018

F.110230 (Misc.)2018/KVS(HO)/P&I /2362
The Deputy Commissioner/Director,
Kendriya Vidyalaya Sangathan,
All Regional Offices/ZIETs,

Sub: Implementation of the recommendation of the 7th CPC- Option regarding commutation of additional amount of pension.

It is to inform that Govt. of India vide its OM No. 42/14/2016-P&PW(G) dated 24.10.2016 has provided an option to the pensioners retired between 01.01.2016 to 04.08.2016, in relaxation of Rule 10 of CCS (Commutation of Pension) Rules,1981, not to commute the pension which has become additionally commutable on revision of pay/pension on implementation of recommendations of the 7th CPC.

The Govt. of India OM is also enclosed for ready reference.

Yours faithfully
(A.K. Srivastava)
Assistant Commissioner (Finance)

Source: KVS