again discrimination by stoping implimentation of revision of pension who retired pre 1-1-2006 & whose commutation was restored

Revision of pension of pre 2006 pensioners – Important Clarification

Revision of pension of pre 2006 pensioners – Important Clarification

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-11, BHIKAJI CAMA PLACE,
NEW DELHl-110066

CPAO/IT &Tech/Revision Pre-2006 /2015-16/1331-1483

21.09.2015

Office Memorandum

Subject: – Revision of Pensions of Pre-2006 Pensioners.

Ref:- CP AO OM NO.CPAO/Tech/Pre-2006 Revision/2015-16/708·855 date -25.08.2015

Attention is invited to DP&.PW OM No. 38/77-A/09-P&PW(A)(Vol.II) (Pt.I) dated 18.09.2015 (copy enclosed) regarding revision of pension in respect of those pensioners who had got 100% lump sum amount in lieu of monthly pension and in whose cases 1/3rd pension has been restored. These pensioners are not covered by DP&PW OM dated 01.09.2008 and subsequent amendment OMs dated 28.1.2013 and 30.07.2015. In such cases DPPW has issued separate orders for restoration of 1/3rd pension vide their OMs dated 15.09.2008, 3.4.2013 and 11.7.2013. ·

As the proposal for revision of minimum pension with reference to the fitment table in respect of such pensioners is under consideration of Ministry of Finance. Deptt. of Expenditure, therefore, for the time being, the pension cases of such absorbee pensioners are not to be revised in terms of OM dated 30.07.2015.

Hence, All Heads of the Departments/Heads of the Offices and Pr.CCAs/CCAs/CAs/ AGs/ Administrator of UTs are requested to ensure that revision of pension in such cases of absorbee pensioners is not done in terms of DP&PW OM dated 30.07.2015 until further orders. These cases may be treated to be excluded from the list provided by the CPAO.

(Subhash Chandra)
Controller of Accounts
Ph.011-26174809

No.38/77-A109-P&PW(A)(Vol.II) (Pt.I)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi

Dated the 18th Sept, 2015

Office Memorandum

Sub:- Revision of pension of pre-2006 pensioners – reg.

The undersigned is directed to refer to CPAO letter No .. CPAO/Tech/Pre-2006 Revision/2016/ 13/933 dated lst September, 2015. In this connection it is informed that the cases of those pensioners who had got 100% lump sum amount in lieu of monthly pension and in whose cases 1/3rd pension has been restored are not covered by the OM dated 1.9.2008 and subsequent amendments thereto including the OM dated 28.1.2013 and 30.7.2015, In their cases, separate orders have been issued for restoration of 1/3rd pension vide OM dated 15.9.2008, 3.4.2013 and 11.7.2013. For such pensioners, the proposal for revision of minimum pension with reference to the fitment table has been referred to Ministry of Finance, Department of Expenditure separately vide ID note No. 4/2/2015-P&PW(D) dated 12.8.2015. Department of Expenditure has also been reminded for expediting their concurrence in this regard. Until the orders in respect of such absorbees pensioners are issued after approval of Ministry of Finance, their pension is not to be revised in terms of OM dated 30.7.2015. Therefore, their cases may be excluded from the list prepared by the CPAO.

Postal JCA Dharna in Jantar Mantar New Delhi on 22nd September

Postal JCA Dharna in Jantar Mantar New Delhi on 22nd September

POSTAL JCA OF NFPE & FNPO STAGE DHARNA IN JANTAR MANTAR

The Postal Joint Council of Action of NFPE & FNPO with their GDS Unions staged a Dharna in Jantar Mantar today stressing their Postal Charter of Demands. However the focus had been on the issue of GDS. The JCA demanded that the GDS wage issues should be referred to the 7th CPC for appropriate recommendations instead of referring them to any Officer headed Committee. The NFPE Federal Executive decision to discuss with Postal JCA for a decision to go on strike from November 23 for the Postal Charter with GDS issue as the prime demand was declared in the Dharna by the Secretary General NFPE. The Secretary General FNPO also was favourable for an action in November and he too stressed the need for united action by JCA as in the past.  The Dharna was presided over by Comrade Giriraj Singh the NFPE President. Comrade K.Ragavendran Ex-SG NFPE and GS AIPRPA inaugurated the Dharna. Comrades R.N.Parashar (SG NFPE); D.Theagarajan (SG FNPO); Devendra Kumar (AGS R3 FNPO); P.Suresh (GS R4); T.Satyanarayana (GS Postal Accounts); Virendra Tewary (GS SBCO); P.Pandurangarao (GS AIPEU GDS(NFPE): D.B.Mohanty (Dy.GS P4); A.Manoharan (Wkg President NFPE); Raj Kumar (Treasurer NFPE); J.Ramamurthy (CHQ P3 President); Balwinder Singh (Financial Secretary P3 CHQ); K.P.singh (AGS R3 CHQ); A.K.Gowtham (Treasurer R3 CHQ); K.C.Verma (C/S R3 Delhi); Shivlal (C/S P4 Delhi); and many other Office Bearers of various CHQ addressed the meeting. 

2nd AIC - AIPEU GDS (NFPE) - SHIMLA

Composition of the House :

Total Circles Attended : 17

Total No. of Divisions attended : 287 

Total No. of Delegates (GDS) : 583

Visitors attended : 400 above

GDS Mahila Comrades attended : 30 above

CHQ Office bearers attended : 13

Circle Secretaries attended : 15

Mahila Committee members  attended : 4/8

CHQ Office bearers elected for the ensuing period :

President :                       Com.Bijoy Gopal Sur (WB)
Working President -1 :   Com.Asha V. Joshi (Gujrat)
Working President - 2 :  Com.Virendra Sharma (HP)
Vice President - 1 :         Com.Nirman C. Singh (Odisha)
Vice President - 2 :         Com.Gana Acharya (Assom) 
General Secretary :        Com.P.Pandurangarao (AP)
Dy. General Secretary :  Com.R.Dhan Raj (TN)
Asst. Genl. Secy - 1 :      Com.B.R.Jagdeesh (Karnataka)
Asst. Genl. Secy - 2 :      Com.K.C.Ramachanran (TN)
Asst. Genl. Secy - 3 :      Com.Jaiprakash Singh (UP)
Financial Secretary  :      Com.Kumaran Nambiyar (Kerala)
Asst. Fin. Secy :              Com.Harish Kumar (Punjab)
Orgg. Genl. Secy-1 :       Com.Sambhsingh Chauhan (Rajasthan)
Orgg. Genl. Secy - 2 :     Com.Chandra N.Chaudhary (Bihar)
Orgg. Genl. Secy - 3 :     Com.Supravapaul (North East)

Mahila Committee:

Chairman : Com.Supravapaul (NE)
Convener : Com.Yashmintaj (Karnataka)
Member : Com.B.Padmavathi (AP)
Member : Com.Sulochana (HP)
Member : Com.V.I.Lakshmi (TN)
Member : Com.Malini (Karnataka)
Member : Com.Kaladevi Rajak (MP)

AIPRPA, AP CIRCLE CONGRATULATES NEW OFFICE BEARERS AND ASSURES SOLIDARITY & SUPPORT TO AIPEUGDS[NFPE] IN ALL ASPECTS.

       P. PERAIAH                               Y. NAGABHUSHANAM

      PRESIDENT                             STATE GENERAL SECRETARY                 
      

AIPEU GDS (NFPE) 2nd ALL INDIA CONFERENCE - SHIMLA (20-09-2015)

DELEGATE SESSION 

  

AIPEU GDS (NFPE) - 2nd AIC - SHIMLA - 19-09-2015

The 2nd All India Conference of AIPEU GDS (NFPE) is being held in Ram Mandir Complex, Shimla.

Morning Session :

Shri Sanjay Chauhan, Mayor, Shimla & Chairman, Reception Committee, Shri Nirmal Singh, DPS, Shimla, Shri T.R.Sharma, Member (Retd.) Postal Services Board, Shri Singhal, SSPOs, Shimla, Shri K.L.Gautham, General Secretary, CoC, Shimla and leaders of NFPE on the dias.

Open Session

Chair : Com.Purushottam Chauhan, General Secretary.

Open Session inaugurated by Com.Tapan Sen, Hon'ble Member of Parliament & General Secretary, CITU. Com.Kashmir Singh Thakur, General Secretary, CITU, Shimla also addressed in the session.

 Com.K.K.N.Kutty, President, CCGEW addressing

 Com.R.N.Parashar, Secretary General, NFPE addressing

Com.Giriraj Singh, President, NFPE & General Secretary, R-III, Com.K.Raghavendran, Former Secretary General, NFPE & General Secretary, AIPRPA, Com.K.V.Sridharan, Former General Secretary, AIPEU Gr.C.,  Com.J.Ramamurthy, President, AIPEU Gr.C., Com.Balwinder singh, Fin. Secretary, AIPEU Gr.C., Com.R.Sithalakshmi, General Secretary, P-4, Com.D.B.Mohanthy, Dy. General Secretary, P-4., Com.P.Mohan, General Secretary, AIPCPCCWF, Com.T.P.Mishra, Veteran Leader, UP, Com.Bijoy Gopal Sur, President, GDS (NFPE), Com.P.Pandurangarao, G/S, GDS (NFPE) on the dias.

Delegate Session

Presentation of Agenda & Annual Report by General Secretary

 

Full pension for pre-2006 pensioners having more than 20 years of service

19 Sep, 2015 10:40a.m.

 In view of the fact that review Petition filed by UOI RP (C) NO. 2565/2015 in SLP (C) No. 6567/2015 UOI Vs M.O. Inasu dismissed by HSC on  28.8.2015,  and Following file notings of DOPW (obtained under RTI)let us hope DOP&PW will now issue necessary instructions extending benefit of full min. pension to all pre 2006 pensioners irrespective of Q.S. rendered.

The extract from the File Noting obtained from DOP&PW under RTI ACT, on pro rata pension matter.

Extract from File Noting of DOP&PW OM 30.7.2015 obtained under RTIA:

12. It may be mentioned that in its order dated 22.1.2013 and 16.8.2013 in OA No. 715/2012 and OA No. 1015/2012 respectively, Hon’ CAT Ernakulam Bench directed that the revised pension fixed in terms of para 4.2 of OM dt. 1.9.2008 would not be reduced pro rata in cases where the qualifying service of a pre 2006 pensioner was less than 33 yrs. This order of Hon CAT was challenged by D/o Revenue  in the H.C. of Kerala in OP(CAT) No. 4/2012 and No. 8/2012. Hon’ H.C. of Kerala  dismissed the Op(CAT) No. 4/2012 and No. 8/2012 vide order dt. 7.1.2014. The SLP filed by the Dept. of Revenue against the order dt. 7.1.2014 has also been dismissed by Hon’ S/C. in its order dated 20.2.2015. Learned ASG, Sjri P.S.Narsimha has advised to file a Review Petition. The concerned file is presently with MOL(CA Section) and Ms. Rekha Pandey, Adv. is drafting the RP.

13. As already mentioned above, in the order dt. 29.4.2013 of Hon HC of Delhi in WP No. 1535/2012, it was observed that the only issue which survived was, with ref. to para 9 of OM dt. 28.1.2013 which makes it applicable from 24.9.2012 instead of 1.1.2006. In view of this observation of the Hon H.C. of Delhi, we may issue orders for giving effect to the OM dated 28.1.2013 w.e.f. 1.1.2006 instead of 24.9.2012. The question whether or not the revised pension in terms of OM 28.1.2013  would be  reduced proportionally would be examined once the order of the Hon S.C. in the RP to be filed against dismissal of SLP 21044/2014 is available  ( para 12 above)

( emphasis added)

                                                                         Sd. S.K. Makkar  US

                                                                                17.4.2015

  Noting of Secy(P)

6. Thus the court ruling has become law of the land

7. Given the fact the review/curative petition in the same matter has once been dismissed by Hon. Apex Court, as also the fact that Civil Appeal of Ministry of Defence with which the SLPs in question got tagged, has also failed, there is no chance  that a review petition may yield a different result. On the other hand this will not only engage the govt. machinery in uncessary litigation but will also result in attendant avoidable expenditure. ( emphasis added)

                                                               Sd. Alok Rawat Secy/ Pension

                                                                          22.4.2015

Hon MOS(PP)         Sd. 7.5.2015