3rd Floor, Lok Nayak Bhawan

Khan Market, New Delhi

New Delhi, the 18th March, 2013

Sub :- Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972.

The undersigned is directed to say that in pursuance of Government’s decision on the recommendations of Sixth Pay Commission, orders for revision of pension of pre-2006 pensioners w.e.f. 1.1.2006 have been issued on 1.9.2008.

The following categories of pensioners were entitled to provisional pension as in the pre 2006 pay-scale:-

b) Employees suspended before 2006 but retired after 1.1.2006

c) Employees who retired before 1.1.2006 and against whom departmental / judicial proceedings were pending at the lime of retirement.

It has been decided that in all the above cases, the provisional pension sanctioned under Rule 69 of CCS (Pension) Rules, 1972 will be revised in terms of this Department’s OM No.No.38/37/08-P&PW(A) dated 1st September, 2008 as clarified/modified from time to time. An illustration regarding revision of provisional pension sanctioned under Rule 69 of CCS (Pension) Rules 1972 before 1.1.1996 is enclosed.

As regards revision of provisional pension in case of employees who are drawing provisional pension in 4th CPC scales, their provisional pension would be brought over to 5th CPC and thereafter to the 6th Central Pay Commission and their provisional pension would be revised in accordance with the instructions contained in DoP&PW OM No.38/37/08-P&PW(A) dated 1st September, 2008 as clarified/modified from time to time.

This issues with the approval of Department of Expenditure. Ministry of Finance ID No.61/E.V/2013 dated 4th January, 2013 and No.214 /E.V/2013 dated 16th January, 2013.

Hindi version will follow.

sd/-

(Tripti P. Ghosh)

Director

Source: www.pensionersportal.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/RevisionOfPension_180313.pdf]

Revision of Provisional Pension sanctioned Under Rule 69 of CCS (Pension) Rules 1972 before 1.1.1996

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

No : BPS /SG/Rep/K12/3

Dated :15-11-2012

The Secretary,

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

5th floor Sardar Patel Bhawan. New Delhi — 110001

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

Respected Sir,

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

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

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

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

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

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

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

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

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

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

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

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

Thanking you, Sir,

sd/-

Place: BPS Camp office Gurgaon

Date: 15.11.2012

Yours faithfully,

Er.S.C.Maheshwari

Secy. Genl.

BHARAT PENSIONERS SAMAJ

Central Office: – Address for Communication:-

16-A, Akbar Road Hutments, 17/2 – C, P & T Quarters,New Delhi: – 110011 Kali Bari Marg, New Delhi-110001

No: AICAEA/HQ/A-29/2012/2008-009

Dated: 15th November, 2012

To,

1. The Controller General of Accounts,

Ministry of Finance, Department of Expenditure,

Loknayak Bhawan, Khan Market, New Delhi – 110003

2. The Principal Chief Controller of Accounts,

Central Board of Excise & Customs, A.G.C.R. Building, 1st Floor, ‘A’ Wing,

I.P. Estate, New Delhi – 110002

Subject: Grant of appropriate Pay Scale & Status to DEOs working in Civil Accounts setup of CBEC.

Sir,

I would like to draw your kind attention to the following few lines for your kind consideration and favourable action:-

A. Posts of Key-Punch-Operators (KPO) were created in different Pay and Accounts Offices of CBEC setup by downgrading the posts of Accountants in the year 1985/86. The persons recruited against those posts had been initially placed in the pay scale of Rs. 950-1500 with a special pay of Rs. 40/-(Rupees Forty only).

B.   After implementation of recommendations of 4th CPC, the posts of KPOS were re-designated as Data Entry Operators (DEOs) Grade ‘A’  and placed in the Pay Scale of Rs. 1150-1500 with effect from 11.09.1989. The date of effect was however, subsequently changed to 01.01.1986 by your office on the basis of the judgment passed by the Pr.CAT, New Delhi in this respect.

C.   After the 5th Pay Commission, DEOs were granted the scale of Rs. 4000-6000 from 01.01.1996 instead of pay scale of Rs. 3050-4590, the replacement pay scale of Rs. 1150-1500.

D.  Against 1st Financial Up-gradation under ACP Scheme 1999, DEOs were placed in the scale of Rs. 4500-7000. Subsequently they have been granted Grade Pay of Rs. 2800 with Pay in the PB-I (Rs. 5200-20200) being the replacement scale of Rs. 4500-7000 under CCS (Revise Pay) Rules, 2007. Further

E.   The DEOs have been granted grade Pay of Rs. 4200 in the PB-II (Rs. 9300-34800) as 2nd Financial Up-gradation under MACP scheme with effect from 01.09.2008. Both the Grade Pay of Rs. 2800 & 4200 identify the erstwhile hierarchy in the post of UDC/Accountant/Auditor in the Pre-Revise Pay Scale.

F.   The existing provisions of the Recruitment rules of DEO do not provide any scope for their career advancement. None of the DEOs have ever been promoted to next higher grade from the date of their initial recruitment – which is the exceptional situation for the cadre. In order to remove this stalemate in the career prospects of DEOs, this Association has been demanding for last two decades to merge this cadre with the cadre of Accountant/Senior Accountant not only on the ground that DEOs should have promotional benefits but due to the fact that functionally DEOs are not required in the Civil Accounts Organization as majority of them have been deployed in such type of works which are generally done by the Accountant/ Sr. Accountants.

G.  Job evaluation of a post is the primary criterion for determination of pay scale for the post and not educational qualification. Methodology followed by all Commission/Committee for determination of Pay Scale appears to be scientific as main determination factor is the job content of the particular post. It has been noted that the 6th Central Pay Commission took opinion of some specialized institutions in this regard.  According to views of such institutions the question of educational qualification, experience etc. arises at a later stage at the time of framing of Recruitment Rules for the particular post. To regulate the promotion in different cadres of the by the Government Departments such procedure is being followed. Similarly, for promotion from the feeder grade of DEO Grade “A” in the pay scale of Rs. 1150-1500 to Grade B in the pay scale of Rs. 1350-2200 there is no condition of possessing a Degree.

H.  In this context it may be stated here that  the Central Pension Accounting Office (CPAO) had started functioning in the 1990s under the control of CGA and the DEO’s in the office concerned were recruited from February 1990 onwards.  The DEO’s in this office were directly recruited in the Pay Scale of Rs. 1150-1500 as DEO Grade ‘A’. Out of 49 DEO’s listed in the Office only 10 had joined in CPAO in February, 1990. Remaining DEO’s joined thereafter. In the Central Pension Accounting Office DEO Grade “A” and DEO Grade “B” were granted the scale of Rs. 1350-2200 from the date of their initial appointment.  Since the Pay and Accounts Offices of CBEC and Central Pension Accounting Office are under the control of the Controller General of Accounts for all purpose and as par the recruitment rules DEOs framed by CGA, the service conditions of DEOs of CBEC and CPAO are one and the same, there cannot be two different set of pay scales for the DEOs working these two setups.

I.     Further, the Controller General of Defence Accounts (CGDA) has granted the Pay Scale of Rs. 1350-2200 DEO  to Grade ‘A’ from 01.01.1986. The Defence Accounts is a part of Organized Accounting Services and pay scales of all cadres of Defence Accounts Department and Civil Accounts organization are same. As such the DEOs should not have different pay scales in two departments.

Therefore, on behalf of this Association, I request you to kindly consider the above discussed facts and bring the DEOs of CBEC set up on par with the DEOs of CPAO of Civil Accounts organization and the Defence Accounts Department by granting them the pre-revised pay scale of Rs.1350 – 2200 with effect from 01-01-1986.

This Association shall be thankful if an early favourable response to this letter is given.

Thanking you,

Yours Sincerely,

Sd/-

(V.Bhattacharjee)

Secretary General