27th Meeting of SCOVA: Items/Issues suggested for inclusion in the Agenda of the meeting – Illegal recovery of over payment pension, Smart Card to RELHS, Life time family pension, Pension Revision as PCAT Order etc

N F RAILWAY PENSIONERS’ ASSOCIATION

Registered No. 1464

Standing Group Member. SCOVA

Identified by Ministry of Pension , Govt of India

Affiliated to Bharat Pensioner Samaj, New Delhi

Head Office : Pension Bhavan , Rest Camp, Pandu,

Guwahati – 781012, Assam

Date :01-09-2015

Ref : Your letter No. 42(0712015-P&PW(G) dt. 25th Aug 2015

In confirming our participation In the meeting of SCOVA. I on behalf of the organization extend thanks for including the name of our Association in the Standing Group of Non Official Members of SCOVA the requisite information as asked for is furnished below.

1. Items/Issues suggested for inclusion in the Agenda of the meeting

The items are attached below.

2. Name of the representative of the Association to attend the meeting:-

Name : Shri Sakti May Kanjilal. General secretary

Contact No. +919954499382, Email : [email protected]

Alternate Representative

Shri Bimalendu Chakrabortv, It.GenI.Secy

Contact No. 08016135 , Email : [email protected]

With regards.

Yours Sincerely,

537W

(s M KANJILAL)

General Secretary

The O M no 45/10/98-P&PW(A}dated 17-12-1998 reads “The President is now pleased to decide that w.e.f 1.1.96, pension of all pensioners irrespective of their date w.e.f 1.1.96. pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced w.e.f. 1.1.96 of the post last held by the pensioner.” This stipulate that at the time of revision of pension w.e.f. 01-01-1996 , the minimum pension is to be fixed at 50 96 of the Minimum of the revised pay scale corresponding to the pre revised pay-scale introduced to the post from which the employee had retired. in other words, the consolidated revised pension as on 01-01-1996 has to be stepped up to 50 96. of the minimum of revised pay scale corresponding to the pay in the pre-revised pay scale of the post held by the pensioner in case the revised pension falls short of 50% of Minimum Pay in the revised Pay Scale. All affected pensioners were being paid accordingly w.e.f. 01-01-1996.

Later in pursuance to O.M. No. 38/37/08-P&PWIA) dated 2801-2013 of Deptt of Pension & Pensioner‘s Welfare, Govt of India. Pension of pre-2006 pensioners were revised upwards subject to the minimum calculated and indicated in column 9 of the table attached to the O M dated 28.01.2013. Unfortunately while implementing orders of O M dated 28.01.2013, Pre-2006 pensioners of Indian Railways suffered a setback as their pension was revised to their disadvantage and recovery ordered/commenced for no fault of the pensioner. Following example is placed to further clarify the issue:

The particulars furnished based on PPO issued after respective Pay Commissions.

Name: Shri INDRA NARAYAN WADADER.

Date of birth :01-06-1933, Date of retirement : 31-05-1991, Qualifying Service : 33years,

PPO No. Pno/Pen/Engg/14OS

Pay scale at the time of retirement : Rs. 1400 – 2300, Pension: Rs.791

Revised scale to the post as on 1.1.96 : Rs. 5000 – 8000

Consolidated Pension : Rs. 2409

Minimum Pension : Rs. 2500

(50% of the Minimum revised pay introduced to the Post as per Circular)

Revised scale in 1.1.1996 : Rs. 5000 – 8000

Consolidated pension : Rs. 5446

Corresponding scale to the post : PB Rs. 9300 -34800 GP Rs. 4200

Minimum Pension : Rs. 6750

[Fitment policy of fixation: Minimum Pay x 1.86 + PB]

Pension stepped up to the Minimum : Rs. 6750 w.e.f 1.1.2006

Pension wef 1-1-2006 – Rs. 5446

Pension wef 24-09-2012 – Rs. 5585

From the above it is observed that in re~revising the pension revision of pension has been done by misinterpreting the Concordance Table. it is evident that. Concordance Table so attached to facilitate revision of Minimum Pension, is a post based Concordance Table which was interpreted by the authority as Scale based.

This downward revision in VI CPC when no clerical error is involved, is in violation of Rule 90 of Railway Services Pension) Rules. 1993. correspond to the Rule 70(i) of CCS (Pension Rules 1972.(Ref: DOP&PW No. 45/86/97-P&PWIA)-Part-III dt 24 July.1998).The association submits that effecting recovery from pensions after 14 years and that too when the pensioner is not at fault for over payment is not only unjustified but against all cannons of justice judicial pronouncements .Besides, The re-revision of Pension as above needs to be reviewed in its proper perspective and the recovery ordered should be stopped forthwith and amount recovered from the pensioners/ Family Pensioners may be refunded.

This has been brought to our notice that the Railway Medical Authority has not issued Medical Smart Card in most of the Railways. The condition of Railway Medical Service is not in its desired level so far the regular treatment of Pensioners is concerned. Requested to take

Since the introduction of grant of family pension to the unmarried /widow/divorce daughter of the pensioner, no proper guide line has been issued to the different railways in respect of the documents to be submitted and procedure to be followed. neither is there any common format to be filled in by the applicants , and as a result .such pensioners are facing immense troubles. Hence, it is requested to formulate a common format of applications and the procedure to be followed for the convenience of the applicant.

Ref:- OM 38/37/08-P&PW(A) dtd 30.07.2015,38/37/08-P&PW(A) dated 28.01.2013 Reg revision of pension of pre~2006 pensioners & the recommendations of Committee on the issue related to Defence Service personnel and Ex- Servicemen-2012 Revision of pension of pre-2006 pensioners Sir, I wish to point out that OM 38/37/08-P8PW(A) dtd 30.07.2015 is not implementation of Hon’ble PCAT order dated 01.11.2011 in OA 655/2010 in letter 8: spirit. It is in fact extension of OM 38/37/ 08-P&PW(A) dated 28.01.2013 issued prior to final confirmation of PCAT order by the Honorable supreme court which happened on 17.3.2015 on dismissal of Govt. SLPS. On 28.1.2013 the issue was subjudice & the OM dated 28.1.2013 had no linkage with PCAT judgment in OA 655/2010 OM dated 28.01.2013 had a linkage with PCDA(pension) Circular No.500 Dated: 17th January 2013. which was based on recommendations of Committee on the issue related to Defense Service personnel and Ex. Servicemen. PCAT order dated 01.11.2011 in OA 655/2010 quashed DOP & PW OMs Of 3.10.2008 , 14.10 2008 & 11.02.2009. Directing the Govt. to revised pension of all pre 2006 pensioners w.e.f 01.01.2006 as per OM 38/37/08-P&PW (A) dated 01-09-2008 which does not provide reduction of minimum guaranteed Pension on pro-rata to qualifying service. Thus Para 5 of OM dated 28.01.2013 was in contradiction to PCAT judgment dated 01.11.2011 under reference, its continuation vide even No OM dated 30.7.2015 Para 4 amounts to contempt of Hon’ble PCAT which needs to be set right w/o any delay. Under signed therefore, on-behalf of Bharat Pensioners Samaj, the largest Federation of Indian Pensioners, request you to review OM 38/37/08-P8PW(A) dtd 30.07.2015 to rectify the discrepancy pointed out.

The SCOVA functions to promote the following objectives

(i) To provide a feed back on implementation of policies/programme of the Department of Pension and Pensioners’ Welfare. (ii) To discuss and critically examine the policy initiatives; and (iii) To mobilize Voluntaryefforts to supplement the Government action.

Exclusion of major “Federations of Pensioners” like Bharat Pensioners Samaj would reduce the representative character of the SCOVA

More over, resolution circulated vide F. No. 42/8/2013-P&PW(G) Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners’ Welfare) Date: 18 July,2013 clearly states that the Standing Group would serve for three terms of two years each that means tenure of Standing Group was upto2019. The resolution dated 18.7.2013 does not mention that Terms & conditions of resolution circulated vide 41/22/2008-P&PW(G)29/OS/20092009 Will continue to apply.

In the light of the above submissions. SCOVA reconstitution may be reviewed.