Saturday, 27 January 2018
Friday, 26 January 2018
AIPRPA JOINS NFPE RELAY DHARNA AT DELHI ON 14.02.2018
AIPRPA shows solidarity to NFPE Relay Dharna at New Delhi!
NFPE has given a call for a relay Dharna at the national capital for 5 days from 12th 16th February, 2018. The program is to focus attention on a 15 point charter of postal demands. Different states are earmarked for different dates to join the programme. AIPRPA calls upon Postal & RMS Pensioners of Delhi, Uttar Pradesh, Madhyapradesh, Haryana, Himachal, Punjab and Rajasthan to be mobilized by our State Associations on 14.02.2018 as a mark of our solidarity. Besides, the leaders of AIPRPA of Delhi State may join all days. Comrade K.Ragavendran GS AIPRPA will join the programme from 14th to 16th February. CHQ office bearers and State General Secretaries of other States are also free and welcome to join in 14.02.2018 - KR GS AIPRPA
Thursday, 25 January 2018
Thursday, 18 January 2018
ALL DIST/ DVNL SECRETARIES ARE REQUESTED TO DOWNLOAD MEMORANDUMS AND SUBMIT TO POST MASTER ON 31ST AND DVNL SUPERINTENDENT ON 12TH FEB 2018.
POST CORD CAMPAIGN.
CONDUCT POST COD CAMPAIGN. COLLECT POST CORDS ADDRESSED TO CPMG/DAP ON COMPLETION OF OPTION-3 PROCESS AND PAYMENT OF ARREARS TO ALL PENSIONERS IMMEDIATELY.
MEMORANDUM TO BE SUBMITTED TO HON’BLE MINISTER FOR HEALTH ,GOVT. OF INDIA BY THE ALL INDIA POSTAL & RMS PENSIONERS ASSOCIATION, AP CIRCLE ON THE PROBLEMS REGARDING NON AVILABILITY OF MEDICAL FECILITIES AND IMMEDIATE ESTABLISHMENT OF CGHS HEADQTRS. IN NEWLY FORMED A.P STATE AT VIJAYAWADA WITH BRANCHES AT VISAKHAPATNAM & TIRUPATHI ON 12TH FEBRUARY 2018 THROUGH POSTAL DVNL .SUPERINTENDENTS IN AP STATE.
================================================================AIPRPA/CGHS/MEMORANDUM/12/2 DT/ 12-02-2018
[THROUGH ........................................ DVN. SUPERINTENDENT.]
To
1. The Hon’ble MINISTER FOR HEALTH & FAMILY WELFARE
Govt. of India
New Delhi 110 001
2. SECRETARY
DEPT.OF POST
NEW DELHI110 001
3. COM. K. RAGHAVENDRAN 4. COM. K.K.N. KUTTY
GENERALSECRETARY GENERAL SECRETARY
ALINDIA POSTAL&RMS PENSIONERS ASSN NCCPA, NEW DELHI
. CHENNAI
5. COM. M. KRISHNAN 6. COM. R.N.PARASHAR
GENERAL SECRETARY SECRETARY GENERAL
CONFEDERATION OF C.G. EMPLOYEES NFPE, NEW DELHI 110 001
NEW DELHI 110 001
Respected sir,
We the pensioners retired from service after rendering maximum service in the Department are being deprived of medical facilities and discriminated from other central govt. pensioners. All the pensioners retired from service are being provided medical facility by granting medical facility from CGHS, but unfortunately we are deprived of the same. After a direction from Hon’ble High Court of A.P temporarily membership was allowed with renewal for every six months. Number of CGHS cord holders crossed 10 years but still they have to be renewed for every six months. But who retired from service in CGHS covered area is being provided permanent membership by paying ten years premium at a time. This is a clear discrimination.
Finally orders were issued basing on the court judgment to allow postal pensioners also to join as members. In this context we request the hon’ble minister to permit postal pensioners to join as life members by paying the ten years subscription as per the rate of subscription on the date of their retirement excluding the amount already paid by them on temporary basis .
2. Now AP state was divided as AP & TELANGANA. Even though even after four years,inspite of our persuasion through submission of memorandums, raising the issue in the parliament by our hon’ble parliament members many times nothing was moved and no separate CGHS Head Qtrs. was established in newly formed AP state. If once Head Qtrs. is established we will become authorized members of CGHS covered area and get medical facilities which are being enjoyed by the CGHS cord holders in Hyderabad, such as cash less treatment in CGHS Empanelled Hospitals now available in Hyderabad.
Because there is no CGHS head quarters, only hospitals are recognized under CS MA Rules and we have to pay the bills first and bills are to be produced for sanction afterwards, resulting in incurring of heavy amounts, which one cannot afford at this old age.
As a newly formed state we are entitled for establishment of CGHS head quarters and now State Govt. is providing land for establishing Central Govt. offices. In this back ground we request the Hon’ble Minister to take steps for acquiring land to CGHS Head Quarters in the newly forming capital city “AMARAVATHI”and establish the CGHS Head quarters. We would like to mention here that already land was provided for AIIMS in the capital city and construction work is going on. We suggest that it will be convenient if some land is allotted near AIIMS it will be helpful to the pensioners and also to the regular employees.
We also suggest that there is a peculiar situation prevailing in the newly formed state because already VISAKHAPATNAM is established as international city with NAVAL BASE and major PORT. It is the city having large number of Central Govt. employees and pensioners.
In this back ground to facilitate that large number, it is nesecerry to establish one admn. Branch of CGHS at Visakhapatnam & Tirupathi.
Keeping in view the above situation we request the Hon’ble Minister to take steps to settle the following issues as early as possible and help number of postal pensioners in particular and central pensioners in general.
DEMANDS:
1. EVEN THOUGH ONE CGHS WELL NESS CENTRE was established at Visakhapatnam which is a long pending demand of central pensioners, it will not serve full purpose. We request the Hon'ble Minister to issue instructions to open at least 5 more wellness centers in VSP in deferent localities, so that all beneficiaries living in deferent areas will be facilitated with treatment at their nearest place.
2. IMMEDIATE ESTABLISHMENT OF CGHS HEADQURTERS IN NEWLY FORMED STATE HEADQUERTERS WITH BRANCHES AT VISAKHAPATNAM AND TIRUPATHI.
3. TEMPORARIRY OFFICE MAY BE ESTABLISHED IN THE NEWLY FORMED AP STATE IMMEDIATELY TO HELP CENTRAL PENSIONERS.
4. THOSE WHO ENROLLED MEMBERSHIP FROM NON CGHS AREA AND CONTINUING SINCE 10 YEARS MAY BE GRANTED PERMANENT MEMBERSHIP ON PAY MENT OF SUBSCRIPTION EXCLUDING THE AMOUNT ALREADY PAID BASING ON THE SUBSCIPTION AT THE TIME OF THEIR RETIREMENT..
5. CONVERT ALL FIVE P&T DISPENSARIES IN NEW AP STATE AS CGHS WELLNESS CENTRES AS RECOMMENDED BY 7TH CPC AND ALREADY CONSENT WAS GIVEN BY POSTAL DEPT.
6. ESTABLISH NEW CGHS CENTRES IN ALL DISTRICT HEAD QTRS IMMEDIATELY AS SUGGESTED BY 7TH CPC AND ACCEPTED BY CENTRAL CABINET.
7. ORDERS MAY BE ISSUED TO SUPPLY OP MEDICINES TO CGHS CORD HOLDERS TEMPORARILY IN P&T DISPENDARIES TILL REGULAR WELLNESS CENTRES COME INTO FORCE and TO SEND LP MEDICINES BY POST TO BENEFICIARY WHICH IS BEING PROVIDED FOR MP,MLA & OTHER FREEDUM FIGHTERS.
8. THOSE HOSPITALS RECOGNISED UNDER CSMA RULES MAY BE CONVERTED AS EMPANELLED HOSPITALS OF CGHS AND THEY MAY BE ORDERED TO PROVIDE CASH LESS TREATMENT TO CENTRAL PENSIONERS, WITH ATLEAST ONE HOSPITAL IN EACH DISTRICT.
WE HOPE THAT MINISTER WILL INTERVENE AND ACT IMMEDIATELY AND SOLVE THE PROBLEMS OF PENSIONERS WHO ARE FACING TROUBLE IN GETTING MEDICAL TREATMENT.
Thanking you sir,
Yours faithfully,
.............................................
DIST/DVN SECRETARY.
...............................DIST/SVN.
========================================================================MEMORANDUM TO BE SUBMITTED TO CPMG/DAP BY HOLDING DEMONSTRATIONS BEFORE ALL HO'S ON 31ST JAN 2018
BCPC NCCPA
ALL INDIA POSTAL & RMS PENSIONERS ASSOCIATION
AP STATE COMMITTEE
MANGALAGIRI
PRESIDENT: Com.P. PERAIAH cell: 9492315910 website: aiprpa-ap.blogspot.in
GEN. SECRETARY: Com.Y. NAGABHUSHANAM, cell: 9550279069
email. Yn.krishna@yahoo.in
OFF: 11-274, AMBATINAGAR, MANGALAGIRI HO, 522503
No.aiprpa/cwc/resolutions Dt. 20-01-2018
HOLD DEMONSTRATIONS INFRONT OF ALL HO’S FOR PAYMENT OF OPTION -3 ARREARS AND SUBMIT THE MEMORANDUM TO POST MASTER TO FORWARD TO CPMG/DAP,HYDERABAD ON 31-01- 2018-
MEMORANDUM SUBMITTED TO CPMG,AP CIRCLE,VJA/DIRECTOR ACCOUNTS POSTAL, .DAK SADAN, HYDERABAD THROUGH POST MASTER........................................... HO.
To
1.CHIEF POST MASTER GENERAL
A.P. CIRCLE
VIJAYAWADA 520 013
2. The Director Accounts Postal
Dak Sadan
Hyderabad
[Through Post Master]
Respected sir,
We convey our thanks to CPMG/DAP for constituting separate cell to finalize the option-3 process with 5 members earlier and raising it to 20 members and fixation process is already started. As per the information given by Hon’ble Chief Post Master General, AP Circle, all the cases were forwarded by the Divisions in AP Circle. But the process of finalizing is going on very slowly and as per the information available at HO’s only 50% cases were finalized and received. If the same continued it will take more than six months for completing the process.
Even though the order was issued on 15th may 2017 and already completed 8 months still nearly 50% cases are pending as on date. Naturally every pensioner is expecting settlement immediately. As such you are requested to complete the process immediately, as this is the festival season and everyone is in need of money and on the other hand all the benefits of regular employees like bonus etc are being paid immediately, there is every scope of thinking that they are being deprived.
We suggest that all HO’S may be delegated powers to settle immediately and to pay and send to DAP for approval subsequently, which will solve the problem. As this is related to 7th CPC item, it can be completed like this by issuing instructions to all HPO’s to finalize and pay the arrears by taking declaration, if required from pensioners.
We hope that CPMG/DAP will respond positively and take appropriate action deemed fit.
With regards,
Yours faithfully,
[ ]
SECRETARY.
AIPRPA...................................DVN.
NOTE.
PL DOWN LOAD THE MEMORANDUM AND SUBMIT TWO COPIES TO POST MASTER AFTER DEMONSTRATION FOR SENDING TO DAP & CPMG AND SEND COPY TO STATE COMMITTEE ALONG WITH PHOTOS TAKEN TO PUBLISH IN OUR WEBSITE.
PL TREAT THIS IMPORTANT.
Sunday, 14 January 2018
DEAR COMRADES,
THOSE WHO RETIRED BETWEEN 1-1-2006 AND 1-9-2008 AND COMPLETED 30 YEARS SERVICE BEFORE 1-9-2008 ARE REQUESTED TO SUBMIT THIS APPLICATION ALONG WITH COPY OF SUPREME COURT JUDGEMENT, SO AS TO PERSUE THE MATTER FURTHER.
From
To
The SUPERINTENDENT
………………………………..RMS/POSTAL DN
………………………………
SUB- Request for grant of MACP III from 1-1-2006-reg
REF- HON’BLE APEX COURT JUDGEMENT DT. 8-12-2017 IN CA NO.3744/2016 FILED BY UNION OF INDIA.
Respected Sir,
I humbly submit to your presence that I have worked as ………………………………… in the division for long …………………….years. but even though I have completed 30 years service as on 1-1-2006, I was not granted MACP III and retired from service before 1-9-2008, because of which I was retired without MACP III even though I am eligible for the financial up gradation of MACP III . This resulted in fixation of my pension very low and deprived of up gradation of pay from 1-1-2006.
Hon’ble apex court in its judgment on 8-12-2017 against CA FILED BY UNION OF INDIA VIDE NO. 3744/2016, clearly directed union of India to implement MACP III from 1-1-2006 instead of 1-9-2008 as it is a pay related matter as all pay related matters are to be implemented from 1-1-2006 as they are approved by the CABINET.
As such kind superintendent is requested to grant me MACP III from 1-1-2006, as I have already completed 30 years service by that date.
Be pleased to consider.
Thanking you, sir,
STATION : Yours faithfully,
DATE:
[
KERALA POSTAL & RMS EMPLOYEES STOOD AS ROLE MODEL TO OTHERS. HATS OFF TO KERALA COMRADES
NFPE KERALA DONATED TEN LAKH FIFTY THOUSAND RUPEES TO CHIEF MINISTER'S DISASTER FUND TO HELP OKHI AFFECTED PEOPLE.
NFPE KERALA CIRCLE HAS COLLECTED RS 10,50,000 ( TEN LAKH FIFTY THOUSAND ) FROM THE MEMBERS OF POSTAL RMS UNIONS.
COM.P.KARUNAKARAN ,MP, CHAIRMAN NFPE CIRCLE CO-ORDINATING COMMITTEE ,KERALA HANDED OVER THE CHEQUE TO HONOURABLE CHIEF MINISTER ON 12 .1.2018 AT THIRUVANANTHAPURAM.
COM.P.K.MURALIDHARAN CONVENOR & COM.JACOB THOMAS WERE PRESENT.
Friday, 12 January 2018
Monday, 8 January 2018
Promotion and Postings of Senior Administrative Grade (SAG) Officers of Indian Postal-Service, Group 'A' to Higher Administrative Grade (HAG) of the Service and transfers/ postings of regular HAG officers of Indian Postal Service, Group'A' (Click the link below to view)
NO STOPPAGE OF DISBURSEMENT OF PENSION DUE TO NON-LINKING OF AADHAAR GOVERNMET
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 2997
ANSWERED ON: 05.01.2018
DISBURSEMENT OF PENSION
SADHU SINGH
Will the Minister of FINANCE be pleased to state:-
(a) whether the disbursement of Central Government Pension to many beneficiaries have been stopped due to non-linking of same with the Aadhaar number and if so, the details thereof, State/UT-wise including Punjab;
(b) whether the Government proposes to exempt beneficiary patients suffering from leprosy or any other grave disease and hence unable to provide their biometric details and if so, the details thereof and if not, the reasons therefor;
(c) the other steps taken by the Government to facilitate such beneficiaries patients; and
(d) whether the Government is considering some alternative option for such beneficiary patients and if so, the details thereof and the steps taken by the Government in this regard?
ANSWER
The Minister of State in the Ministry of Finance
(a) to (d): The Government has not issued any instructions for stopping disbursement of pension to Central Government pensioner due to non-linking of the pension account with the Aadhaar number.
Instructions have been issued by the Department of Pension and Pensioners’ Welfare (DoP&PW) from time to time that in view of the difficulty faced by old and infirm pensioners, banks should make concrete effort to provide the facility of obtaining life certificate from the premises/ residence of such pensioners. The instructions also provide that in case of sick and infirm pensioners, personal appearance may be exempted if a life certificate in the prescribed form signed by some specified authorities is produced on the behalf of Pensioners.
Further, all Pension Disbursing Banks have also been advised by DoP&PW that where the finger prints of a pensioner are not accepted by the system, the alternate mechanism of biometric, i.e. Iris scanning, may be used in such case. In case, however, it is not possible to have Digital Life Certificate either through finger prints or through Iris scanning, the physical life certificate submitted by the pensioner may be accepted to avoid any harassment to the pensioner. In no case a pensioner should be returned without accepting his life certificate on account of non-acceptance of his biometric by the system.
Sunday, 7 January 2018
Tuesday, 2 January 2018
CONFEDERATION CHAMPIONING THE CAUSE OF RE-EMPLOYED EX-SERVICEMEN – WE TOOK UP THE CASE FIRST WITH MINISTER AND THEN IN JCM STANDING COMMITTEE. NOW CONFEDERATION SUBMITS COMPREHENSIVE PROPOSAL TO GOVT.
No. Conf/Re-emp.Ex-Sercice/2016-19 Dated - 01.01.2018
Shri Ajay Narayan
Jha,
Secretary
Department of
Expenditure
Ministry
of Finance, Government of India
Room
No.129-A, North Block
New
Delhi – 110001
Sub: Applicability of CCS (RP) Rules, 2016 to
persons re-employed Government Service and whose pay is debitable to civil
estimates -reg.
Ref
: DoPT
O.M. No. F.No. 3/3/2016-Estt.(Pay-II) dated 18.10.2017.
Sir,
1. Confederation of Central Government
Employees and Workers has received numerous complaints from re-employed
ex-servicemen on the matter of their initial pay fixation in the re-employed
posts. We have taken up this case in
the Standing Committee meeting of JCM National Council as an agenda item. Minutes of the Standing Committee meeting
circulated in DOP & T OM No.3/3/2016-JCA dated 08-08-2017 is reproduced
below:
“S.No.36 - Removal of ambiguity in fixation of pay of
re-employed ex-servicemen and grant of the same benefit extended to
commissioned officers to Personal Below Officers Rank (PBOR) also.
Reply: Establishment
Division in their comments dated 28-03-2017 had stated that -
(i) The first issue relates to pay fixation
on re-employment in Civil Services and Public Sector Banks etc. Department of Financial Services (DoFS) is
stated to have clarified that pay fixation of ex-servicemen would be through
protection of pay plus DA drawn by them at the time of release from the Armed
Forces. DoFS orders provide that in
addition to the pay fixed on re-employment, pension and other retirement
benefits would also be allowed.
(ii) Establishment Division of DOP&T has
clarified to Department of Posts that initial pay on re-employment in case of
ex-servicemen who had held posts below Commissioned Officers and Civilians
below Group-A, shall be fixed as per the entry pay in the revised pay structure
of the re-employed posts applicable to the case of direct recruits appointed on
or after 01-01-2006.
(iii) Staff side says there is contradictions in
the two clarifications and, as a result of the ambiguity, one section has
benefited (Personnel who are covered under the instructions of DoFS) while
others are not (Personnel who are covered under the instructions of DoPT). JS(E) stated that they had received a number
of grievances and the Department of Welfare of Ex-Servicemen had also raised
this issue. Presently there are two
formulations for pay fixation of ex-servicemen - one for Group-A Posts and
another for others - which is not an ideal situation. It was stated that the same is under active
consideration and a decision is likely shortly.”
We understand that it is in this
background DOPT has circulated a revised draft proposal seeking opinion from
other nodal Ministers. In that context,
I would like to draw your kind attention to the succeeding facts and
circumstances of the case.
History
of Rules/ OMs Governing Pay-fixation on Re-Employment
2. Before delving into the above captioned
subject, it would be prudent to retrace the evolution of statutory rules
governing the initial fixation of pay of re-employed pensioners. The first
comprehensive policy on the subject was issued by Department of Expenditure,
MoF vide their O.M. No. 8(34)/Est. III/57 dated 25.11.1958 (Annexure-I) which
when read in conjunction with Article 510-526 of Central Services Regulation (Annexure-II),
inter-alia states that:-
(a) Re-employed pensioners should be allowed only the prescribed
scales of pay, that is, no protected time scales such as those available to
pre-1931 entrants should be extended to them.
(b) The initial pay, on re-employment should be
fixed at the minimum stage of the scale of pay prescribed for the post in which
an individual is re-employed. In cases where it is felt that the fixation of
initial pay of the re-employed officer at the minimum of the prescribed pay
scale will cause undue hardship, the pay may be fixed at a higher stage by
allowing one increment for each year of service which the officer has rendered
before retirement in a post not lower than that in which he is re-employed.
(c) In addition to (b) above the Government servant may be permitted
to draw separately any pension sanctioned to him and to retain any other form
of retirement benefit for which he is eligible e.g. Government’s contribution
to a Contributory Provident Fund, gratuity, commuted value of pension, etc.
3. The said policy was in vogue till
30.07.1986, with suitable amendments from time to time in so far as the amount
of pension to be ignored while fixing the pay in the re-employed post is as
given below :-
OM No. Amount
of Pension to be
ignored
in the case of
ex-servicemen
Ministry
of Finance, Dept. of Expenditure
No.
7(17)-Est. III/62 dated 24.05.1962
(Annexure-III) Rs.15/-
Ministry
of Finance, Dept. of
Expenditure
No. 7(34)-E. III/62 dated 16.01.1964
(Annexure-IV) Rs.50/-
Ministry
of Finance, Dept. of Expenditure
No.
5 (14)-E. III (B)/77 dated 19.07.1978
(Annexure-V) Rs.125/-
Ministry
of Defence O.M. No. 2 (1)/83/D (Civ.I)
dated
08.02.1983 and Ministry of Finance, Dept. of
Expenditure
No. F. 4 (3)-E. III (B)/82 dated For
Officers - Rs.250/-
13.12.1983 (Annexure-VI) For
PBOR – Entire pension.
Ministry
of Personnel, Public Grievances and
Pensions,
DOPT O.M. No. 3/1/85-Estt (P-II) For
Officers – Rs 500/-For
dated 04.04.1986(A-VII) PBOR
– Entire Pension
DOPT
O.M. No 3/1/86-Estt-(P-II) dated
31.07.1986(A-VIII) For
PBOR - Entire Pension
DOPT
O.M. No. 3/13/2008-Estt (Pay-II)
dated 11.11.2008(Annexure-IX) For
Offiicers – Rs. 4,000/-
DOPT
O.M. No 3/3/2016-Estt (Pay-II) For
PBOR – Entire Pension
dated
01.05.2017(Annexure-X) For
Officers – Rs 15,000/-
4. However, the subject was transferred to
DoPT in 1986, therefore, all subsequent instructions were issued under the
aegis of DoPT. One such impugned instruction is the CCS (Fixation of Pay of
Re-employed Pensioners) Orders, 1986 issued vide DOPT OM No. 3/1/85-Estt.
(Pay-II) dated 31.07.1986 (Annexure-VIII). The subject order has been
subsequently amended by DOPT vide their
O.M. No. 3/19/2009-Estt (Pay-II) dated 05.04.2010 (Annexure-XI),
08.11.2010 (Annexure-XII)and O.M. No. 3/3/2016-Estt (Pay II) dated
01.05.2017(Annexure-X). However,
these orders have failed to incorporate ‘Hardship Clause’ for pay fixation in
respect of PBORs which has resulted in lot of heartburn and anomalous situation
of pay-fixation post 1986 order viz-a-viz pre-1986 retirees. The situation
has worsened post implementation of the 6th CPC and the recent 7th CPC, causing large-scale upheaval among PBOR
ex-servicemen and further resulting in unending litigation in various courts of
law across the country. Confederation has submitted a representation in
September 2015 addressed to Shri. Jithendra Singh, Minister for State,
Department of Personnel explaining the above position and requested to review
the DOP&T orders. The matter was
taken up in JCM also as stated above.
Under such circumstances, DoPT has now decided to formulate a new policy,
for which they have sought comments of Department of Ex-servicemen Welfare,
MoD, Department of Expenditure, MoF and Department of Pension and Pensioners
Welfare. I would like to reiterate that unless there is a cogent reason, the
policies affecting lives of millions of ex-servicemen should not be arbitrarily
amended. This is especially evident from intentional/ unintentional omission of
“hardship clause” from pay-fixation orders issued by DoPT which are at variance
from the instructions issued by DoE till 1986.
5. It is also brought to the notice of
Department of Expenditure that in view of large scale representation/litigation
and discontent among re-employed ex-servicemen after issue of DoPT
O.M.3/3/2016-Estt (Pay-II) dated 01.05.2017, Department of Ex-servicemen
Welfare, MoD vide their O.M. No
28(11)2017/D (Res-I) dated 24.07.2017 (Annexure-XIII)had suggested DoPT
to completely revive the provisions contained in DoE, MoF O.M. No. 8(34)/Est.
III/57 dated 25.11.1958. But, the
proposal of DESW stated in Para 6 of their above cited O. M. would only be
beneficial only if status quo existed till 30.06.1986 is fully revived. In other words,
any proposal to revive the 1958 Orders would be beneficial to re-employed
ex-servicemen (PBOR) only if the entire pension is ignored for fixation of pay
in the re-employed post, i.e. the pension is not to
be taken into account while fixing the pay as per Ministry
of Defence O.M. No. 2 (1)/83/D (Civ.I) dated 08.02.1983 and Ministry of
Finance, Dept. of Expenditure No. F. 4 (3)-E. III (B)/82 dated 13.12.1983.
OPINION/ RECOMMENDATION OF THE CONFEDERATION
Computation
of Pre-Retirement Pay for the purpose of Pay-Fixation
6. Similarly, the concept of
pre-retirement pay (PRP) has undergone changes to the detriment of
re-employed pensioners/ex-servicemen. It may be appreciated that Article 510 of
Central Service Regulations, DoE O.M. 5(21)-Est. III(B)/64 dated 15.06.1964(Annexure
XIV), DoPT O.M. No. 3/1/86-Estt (P.II) dated 31.07.1986 include all
components of pay such as rank pay,
increments of pay for length of service, Good Service Pay, Classification Pay
and X-Group Pay as a part of PRP. However, the proposal sent by DoPT for comments
only takes basic pay as PRP like Armed Forces Officers, while ignoring other
components which are part of pension. It would be prudent to mention that PRP of
Armed Forces Officer and Personnel Below Officer Rank (PBOR) has never been
same and treating PRP of Armed Forces Officer as that of PBOR will not only
create anomalous situation but also bring financial losses to PBOR.
Treatment
of Military Service Pay.
7. It is submitted that as per Part I,
Section-3 of Gazette Notification dated 30 August, 2008(Annexure XV), Cabinet
Resolution accepted Military Service Pay (Serial 2 of Annexure I-Part A) as
part of pay in respect of all defence forces and is to be counted for pay
fixation and pension in accordance with Para 2.3.12 of 6th CPC
Recommendations(Annexure XVI).
However, Defence Ministry arbitrarily overridden the above aspect
through their O.M. dated 24.07.2009. Accordingly, DOPT has denied the benefit
of MSP to all defence pensioners whereas the said O.M. of MoD was meant only
for military officers on their re-employment within Armed Forces. In this
context, I humbly refer to enclosed judgment of Hon’ble Supreme Court of India
on Civil Appeal No 3744 of 2016 dated 08.12.2017(Annexure XVII) on
admissibility of MACP on similar lines. In this judgment, Hon’ble Supreme Court
has held that cabinet decisions cannot be overridden/ modified through the
means of any executive order. Hence,
Department of Expenditure may like to take cognizance of this ruling while
forwarding its views to DoPT. It is imperative that the issue of MSP while
fixing PRP is handled now in the spirit of above judgment which would go a long
way in avoiding future litigation.
Methods
of Pay Fixation
8. Since, DoPT has proposed to
consolidate, rationalise and simplify existing orders on pay fixation of
re-employed ex-servicemen (including reservists and ex-combatant clerks) in a
single policy framework, we as representatives of employees including
re-employed ex-servicemen, being a major stake holder in the matter would like
to suggest that pay fixation policy envisaged from 25.11.1958 to 30.06.1986
may be revived. Accordingly, all
re-employed ex-servicemen may be given two options to exercise, whichever
may be beneficial to them and the subject option shall
have a retrospective effect since 31.07.1986 at the discretion
of affected ex-servicemen, as under :-
(a) Option I - The
initial pay, on re-employment shall be fixed at the minimum of the scale of pay
prescribed for the post in which the individual is re-employed. After fixing
the pay as above, in case the initial pay is lesser than the last pay drawn
(pre-retirement pay), such cases are to be treated as causing undue hardship,
the pay is to be fixed at a higher stage by granting one
increment for each year of service rendered by him, so as to bring the initial
pay at par with the pre-retirement pay. The pay so fixed is to be
treated as “minimum of the pay scale”.
In addition to the above, the government servant is permitted to draw
pension and all other forms of retirement benefits including
Dearness Relief on pension which he is eligible.
(b) Option-II. The
initial pay of a re-employed pensioner shall be fixed in the time scale of the
re-employed post at a stage equivalent to the stage that would have been
reached by putting in the Civil Posts, the number of completed years of service
rendered in the posts in the Armed Forces.
The pay so fixed will not be restricted to the ‘pre-retirement pay’. The
pension (including pension equivalent retirement benefit) may be reduced from
the pay so fixed after ignoring an amount of Rs.15000/- as proposed by DOPT. In
addition to the above, the government servant is permitted to draw pension and
all other forms of retirement benefits including Dearness Relief on
pension which he is eligible. (The amount of ignorable part
of pension and PEG for pensioners re-employed prior to 01.01.2016 will remain
at Rs.4000/-).
9. It is requested that the proposals of
this Confederation may kindly be considered on merit while formulating DoE
views for onward submission to DoPT. I am hopeful that appropriate policy would
be formulated in consonance with the spirit of government orders in vogue till
1986.
Thanking
You
Encl: As stated.
Yours faithfully,
(M.
Krishnan,)
Member,
Standing Committee,
National
Council JCM &
Secretary
General,
Confederation
of Central Government Employees & Workers.
Mob:
09447068125, Email: mkrishnan6854@gmail.com
Copy to :
1. Sri. Ajay Mittal,
Secretary
Department of Personnel and Training
Ministry of Personnel, Public
Grievances & Pension, Government of India
North Block, Room No.112, New Delhi-110 001.
2. Mr. Sanjay Mitra, IAS,
Secretary,
Ministry of Defence, Room No.101-A,
South Block,
New Delhi-110 011.
3. Smt. Sanjeevanee Kutty, IAS
Secretary,
Department of Ex-Servicemen Welfare,
Room No.5-A, South Block,
New Delhi-110 011.
4. Sri. K.V.Eapen,
Secretary, Department of Pension and
Pensioner’s Welfare,
Lok Nayak Bhavan, Khan Market, New
Delhi-110 003.
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