No.4/30/2010-P&PW (D)
Government of India
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)

3Rd Floor, Lok Nayak Bhawan
New Delhi – 110003.
Dated the 11th July, 2013

OFFICE MEMORANDUM

Sub:- Revision of 1/3rd commuted portion of pension in respect of Government servants who had drawn lump sum payment on absorption in Central Public Sector Undertakings/Central Autonomous Bodies —implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission.

The undersigned is directed to say that orders were issued vide this Departments OM No.4/30/2008-P&PW(D) dted 15.9.08 for revision of 1/3rd restorable pension w.e.f. 1.1.2006 of Government servants who had drawn lump sum payment in respect of prorata pension on absorption in a PSU/Autonomous Body. The implementation of these orders in some cases resulted in drop in the total amount of 1/3rd restored pension plus DR in comparison to total amount of 1/3rd restored pension plus admissible DP and DR as drawn by pensioners before issue of these orders. It was, therefore decided vide Department of Pension and Pensioners’ Welfare OM. No.4/38/2008 P&PW(D) dated 27.05.2009 that wherever the restored amount of the revised pension plus DR of such absorbees, in terms of instructions contained in OM dated 15.9.2008, becomes less than 1/3rd pre revised restored pension plus admissible DP & DR as already drawn, the absorbed employees would be allowed to draw the pensionary benefits admissible to them till such time the restored amount of the revised pension in terms of instructions contained in OM dated 15.09.2008 plus admissible DR works out to be more than the pre-revised 1/3rd restored pension plus admissible DP & DR as on 01.09.2008.

2. The Central Administrative Tribunal, in its order dated 27.9.2011 in OA No.710/2010 read with order dated 22.4.2013 in CP 26/2012 held that tne OM dated 15.9.2008 was legally sustainable. However, Hon’ble CAT has directed to pass an order so as to equalize the amount of 1/3rd restored pension with the pension of other Central Government pensioners.

3. The matter has been examined. On the recommendations of  6th Central Pay Commission, the pension of pre-2006 Central Government pensioners has been revised vide this Departments OM No.38/37/08-P&PW(A) dated 1.9.2008. In terms of para 4.1 of that OM, the revised pension of pre-2006 pensioners works out to 2.26 times of the pre-revised basic pension (without DP). Keeping in view the direction of Hon’ble CAT, Hyderabad Bench, It has been decided that 1/3rd restored pension of those Government servants who had drawn lump-sum payment on absorption in PSU/AB and whose 1/3rd pension was restored from a date before 1.1.2006, the pre-revised 1/3rd restored pension will be revised w.e.f. 1.1.2006 by multiplying the same by a factor of 2.26, if It is more beneficial than the amount of revised restored 1/3rd pension arrived at in terms of this Departments OM dated 15.9.2008. In the case of those absorbee pensioners in whose case the restoration of 1/3rd pension became due on or after 1.1.2006, the above formulation would apply with reference to notional 1/3rd restorable pension as on 31.12.2005.

4. These instructions are being issued as a special case in compliance of the orders of Hon’ble CAT, Hyderabad Bench in CP No.26/2012 in OA 710/2010. At the time of revision of 1/3rd pension on the basis of recommendations of next Pay Commission, the increase in 1/3rd restored pension on account of these instructions would not be considered and the 1/3rd restored pension of absorbees would be revised as per the usual procedure without taking into account the aforesaid dispensation.

5. Payment of DR and additional pension to old pensioners (of the age of 80 years and above) shall continue to be on full pension as per the instructions issued from time to time.

6. The benefit of revision of restored amount of 1/3rd commuted portion of pension shall be admissible w.e.f. 1.1.2006 or from the date the commuted portion of pension is restored, whichever is later.

7. This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their ID No.561/E.V/2013 dated 21.6.2013.

8. In their application to the persons belonging to Indian Audit and Accounts Department these orders issue in consultation with the Comptroller and Auditor General of India.

9. Hindi version will follow.

sd/-
(Harjit Singh)
Dy. Secretary to the Government of India

Source: www.pensionersportal.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PSU_110713.pdf]

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F. No. 42/7/2013-P&PW(G)
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 : 12th June, 2013

OFFICE MEMORANDUM

Subject: Minutes of the meeting held on 28.5.2013 with the representatives of Staff Side, National Council (JCM) on pensionary matters.

The undersigned is directed to enclose herewith a copy of minutes of the meeting held on 28.5.2013 with the representatives of the Staff Side, National Council (JCM) on pensionary matters under the Chairmanship of Secretary (Pension, AR&PG) in room No. 310, Lok Nayak Bhawan, Khan Market, New Delhi for information/necessary action.

sd/-
(Sujasha Choudhury)
Dy. Secretary (P)

DEPARTMENT OF PENSION & PENSIONERS’ WELFARE

MINUTES OF THE MEETING WITH THE REPRESENTATIVES OF STAFF SIDE, NATIONAL COUNCIL (JCM) ON PENSIONARY MATTERS UNDER THE CHAIRMANSHIP OF SECRETARY (PENSION, AR&PG) ON 28.5.2013 AT LOK NAYAK BHAWAN, NEW DELHI

Secretary (Pension, AR&PG) chaired a meeting with the representatives of Staff Side, National Council (JCM) on 28.5.2013 to discuss various issues relating to pension and other retirement benefits. The list of participants is at Annexure – I. Secretary (Pension, AR&PG) welcomed the participants and appreciated the contributions of the pensioners in the overall development of their respective organisation.

2. The meeting started with a discussion on the Action Taken Report on the minutes of the meeting held on 6.11.2012 as per details given below :

(i) Ex-gratia payment to SRPF/CPF beneficiaries who retired other than on superannuation, i.e. voluntary retirement and medical invalidation cases.

Department of Expenditure has given clearance for deletion of clause of ‘c’ of para 2 of OM dated 22.3.2004 which prohibits grant of ex-gratia payment to those, who retired from service other than on attaining the prescribed age of superannuation. With this, CPF beneficiaries who have retired voluntarily and on medical grounds after 20 years of service will also be granted ex-gratia. It was decided that this agenda item will be closed after issue of a revised OM by the DOP&PW. Ministry of Railways will also issue similar orders.

Action DOP&PW and Ministry of Railways

(ii) Raising quantum of ex-gratia to CPF retirees on the lines of SRPF.

The latest status of the case was intimated to the JCM. After the issue of orders by this Department, consequent to the decision of Cabinet the item may be dropped.

Action : DOP&PW

(iii) Abnormal delay in the issue of revised PPO to Pre – 2006 retirees, pensioners / family pensioners.

(i) It was intimated that the Department had taken the following initiatives like (a) allowing change in date of birth of spouse, (b) use of certain documents as proof of date of birth of spouse, (c) inclusion of present postal address and mobile and telephone number in the life certificate (d) use of e-scroll for extracting information from banks’ database. (e) revision of PPOs even in cases where date of birth/age of spouse is not given in the PPO or this information is not available In the omce records for speedy revision of PPOs.

(ii) As a result, the number of pending revision cases for civil pensioners has come down from 2,54,467 in August, 2012 to 74,000 as on April, 2013 as per information given by the CPAO on the basis of e-scrolls.

(iii) However, amendment in calculation of revised pension, vIde OM dated 28.1.13, has necessitated issue of revised authority in all cases, as indicated in OM dated 13.2.13.

Secretary (Pension, AR&PG) stated that record/information of many pensioners are not available with the Departments, which is hampering further progress and the Pensioners Associations should come forward to help the departments in reaching out to the pensioners/family pensioners. He further stated that Secretaries of various Departments have been requested to review the issue of revision of PPO in the fortnightly/ monthly meetings.

Railways stated that in case of pre 2006 pensioners advertisement has been issued. Matter was taken up with RBI to issue notification to all banks. Out of 10.89 lakh such cases, 5.46 have been issued revised PPOs. Meetings ere generally held at various levels. 30th September, 2013 has been set as the target date for disposal of these cases. The progress is being reviewed every month. It has also been decided to take up the revision of PPOs suo-moto rather than waiting for an application from the pensioner. The said letter is under issue. Secretary (Pension, AR&PG) desired that the same may be issued by 15th June, 2013.Secretary, Pension des,red that necessary chances in systems may be made if that would facilitate the pension sanction and payment processes in the Raliways. The present pension authorisaton is decentralised In the Railways. Secretary, Pension also stated that he will write to the Chairman, Railway Board in this matter.

CGDA, Ministry of Defence intimated that they hope to complete the exercise by 30th September, 2013.

Action : CPAO, Ministry of Railways,
Ministry of Defence & DOP&PW

(iv) Fixation of Revised Pension (1/3rd of commuted portion of pension) in respect of Government servant who had drawn lump sum payment on absorption – revision by multiplying pre revised 1/3rd pension by a factor of 2.26.

CAT, Hyderabad Bench, vide its order dated 22.4.2013, has directed, to pass an order for revision of pension of absorbee pensioner’s. The Staff Side was informed that the matter was under examination in consultation with Department of Expenditure.

(V) Commutation of Pension

(a) Revision of old / new commutation table and

(b) Restoration of commutation period to be reduced from 15 to 12 years.

It was explained that the matter of revision of old/new commutation table was discussed with Department of Expenditure. It was observed that this issue should be considered by the next pay commission.

JCM intimated that by the new commutation table, the restoration of the commuted portion is completed by 11 years because interest rate is at 8% unlike the old table wherein the restoration period was after 15 years because interest rate was taken at 4.75%. Department of Expenditure stated that issue for this old/new commutation table can be studied only by a specialised body and hence could be looked into by the IRDA. However, these are larger issues for which a holistic view needs tobe taken by a body like the Pay Commission. However, the matter may be referred to Department of Expenditure.

(vi) Family pension to divorced/Widowed/Unmarried daughter of a Government Servant.

Life Time Arrear.
JCM did not raise any specific point in this regard. In fact, it was mentioned by the JCM members that the legal view on the issue of nomination of life time arrear of family pension is that since he/she has not earned the family pension he/she also can not have the right to nominate. As such, the matter may be dropped.

(vii) Payment of arrears of pension/family pension on account of revision of pension/family pension with effect from 1.1.2006.

Specific case of bank In Chandrapur.

It was informed that the matter was taken up with CPPC, Mumbal (SBI), who informed that the payment to pensioners is being made and there is no such case where pension has not been revised as per 6th CPC. Hence the matter may be dropped.

(viii) Payment of Pension to the spouse of pensioners through S.B. account opened jointly with spouse

– Problem in SBI.

CPAO has informed that necessary instructions in this regard have been issued to all CPPCs with the direction to bring the contents to the notice of all paying branches. CPAO was requested to give a copy to the JCM. It was decided to drop the matter.

3. The representatives of JCM also desired the status of eight agenda items sent by Shri Shiva Gopal Mishra, General Secretary, AIRE which were not included may also be intimated clearly. This may be informed to him separately.

4. After above discussion on Action Taken Report on the minutes of meeting dated 6.11.2012, fresh agenda items were taken for discussion which are as under

(i) Equitable Gratuity under Rule 50 of Pension Rules. Slabs are too wide leading to disparity.

Rule 50 of Pension Rus provide the following death gratuity to the family of the deceased Government servant.

The JCM (Staff Side) has stated that the slab given at SI. No. 3 above is not equitable and suggested the following revision

This issue was discussed in the JCM meeting. The present slab of death gratuity was introduced w.e.f. from 1.1.1986 and was introduced as per the recommendations of 4th Central Pay Commission, vide this Department’s OM No. 2/1/1987-PIC-II dated 14.4.1987, This slab has not been revised since 1986. In between, the 5th and 6th Pay Commission had submitted their reports but no revision had been recommended. After discussions, it was decided that the matter may be examined in consultation with Department of Expenditure.
Action: DOP&PW

(ii) Extension of CS (MA) Rules, 1944 to Central Government Pensioners residing in non-CGHS areas.
The Staff Side demanded that as in the case of serving employees, the CS (MA) Rules may be extended to the pensioners also. This would make pensioners in the non CGHS areas entitled for reimbursement of medical expenses. Staff Side also mentioned that Honble Supreme Court has dismissed some SLPs and allowed reimbursement of medical examination of pensioners, in accordance with CS (MA) Rules.

The representative from Ministry of Health informed that the proposal for extension of CS (MA) Rules 1944 to Central Government pensioners was not agreed to in view of huge financial impliations. In regard to the dismissal oF SLP flied by Department against order of courts/tribunals for grant of medical benefits irn individual cases, Ministry of Health has flied a review petition in Supreme Court. It was also informed that Ministry of Health is contemplating Health Insurance Scheme on pan India basis keeping special focus on the non CHGS areas. This Is expected to solve the problems of pensioner’s living in non CGHS areas. The item was treated as closed.

(iii) Grant of modified parity with reference to the Revised Pay Scale corresponding to pre revised Pay Scale of the post from which an employee had retired — upgraded pay scale Instead of normal replacement scales.

The JCM suggested that upgraded revised pay scales may be notionally extended and used for pension fixation instead of normal replacement scales.

It was informed that after the 5th Pay Commission also modified parity was allowed with reference to replacement pay scales and not with the upgraded pay scales. This decision of Government was also upheld by Supreme Court in its judgement dated 23.11.2006 in the CA No. 3173-3174/2006 & 3188-3190/2006 (K. S. Krishna Swamy Vs. UOI). In the 6th CPC the same principle has been followed in view of the above. It was informed that it would not be possible to reopen this issue.Therefore, the Ítem may be closed.

5. The meeting ended with a vote of thanks to the chair.

Source: AIRF
[http://www.airfindia.com/DOPT/Minutes%20of%20Pensionary%20Benefit%20Meeting_12.06.2013.pdf]

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All India Railwaymen’s Federation General Secretary Shri.Shiva Gopal Mishra have posted a letter on his official blog regarding that the eight agenda items has sent to Secretary, Department of Pension & Pensioners Welfare for the forthcoming meeting with Secretary(Pension). We have reproduced full text of the letter and given below for your ready reference…

Pensionary Benefits :
AIRF has sent agenda items to Secretary, Department of Pension & Pensioners Welfare for the forthcoming meeting with Secretary(Pension).

ALL INDIA RAILWAYMEN’S FEDERATION
4, State Entry Road, New Delhi-110055 INDIA

No.AIRF/NC/JCM(GC)(Pension)

May 18, 2013

The Secretary,
Department of Pension & Pensioners Welfare,
Lok Nayak Bhawan, Khan Market,
New Delhi-110003

Dear Sir,
Sub: Agenda items

We are sending herewith 08 agenda items on pensionary matters for discussing the same in the forthcoming meeting with the Secretary( Pension).

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
General Secretary

Item No.1
Sub: Less payment of pension to pre-96 and pre-2006 retirees
It has been noted that the employees drawing pay scale of Rs.1400-2300 in V CPC were allotted pay scale of Rs.5000-8000 in V CPC, and subsequently they were placed in scale Rs.9300-34800 in PB-2 with Grade Pay of Rs.4200. But it is surprising that, pre-1996 retirees have been placed in PB-I pay scale Rs.5200-20200 with Grade Pay of Rs.2800.

In AIRF’s opinion, this is discrimination with the employees retired before 1.1.1996.

Necessary action, therefore, needs to be taken in the matter urgently.

Item No.2
Sub: Provision of HRA for PensionerslFamily Pensioners
A Government Servant while in service is paid either House Rent Allowance or government accommodation. After retirement he is left with no facility of government accommodation or House Rent Allowance. As such, a pensioner has to pay a major part of his pension as a rent for accommodation. On account of high prices of residential houses, it is not possible for a retired employee to purchase even a small house out of his retirement dues.

AIRF, therefore, requests that, some provision, for payment of HRA to Pensioners/Family Pensioners, should be made to enable them to spend their retirement life comfortably.

Item No.3
Sub: Increase in Family Pension
A government employee gets pension @ 50%of his Basic Pay after retirement, which is considered sufficient to meet the expenses on day-to-day requirement of the family such as food, clothes etc., but after the demise of pensioner, only 30% pension is admissible as Family Pension to his widow. As such, the family gets 40% less pension in comparison to the pension admissible to the employee. It is understood that, after the demise of pensioner, the expenses are not reduced by 50%, which is perhaps the base of fixing FarnIy Pension. Moreover. besides expenses on food, there are some other miscellaneous expenses, which cannot be overlooked. In the circumstances, the existing provision of 30% pension to the family of deceased pensioner is inadequate for survival.

AIRE is, therefore, of the view that the Family Pension should be increased at least from 30% to 40%.

Item No.4
Sub: Arbitrary orders denying revision of Pension and Family Pension in favour of the pensioners who were in receipt of Compulsory Retirement Pension and Compassionate Allowance under Rules 40 and 41 of the Central Civil Services(Pension) Rules, 1972
In terms of rule 40 & 41 of Central Civil Services(Pension) Rules, 1972, Compulsory Retirement Pension and Compassionate Allowance are sanctioned. Such Compulsory Retirement Pension and Compassionate Allowance, whenever sanctioned, are revised at par with other pensioners. But DOP&PW’s O.M. No.38/37/08—P&PW(A) dated 03.10.2008 has stated that, there should not be any revision on the Compulsory Retirement Pension and Compassionate Allowance. This order will adversely affect the living standard of the such retired employee.

AIRF, therefore, urges upon that, this order may please be called back and the revision, already undertaken, should be allowed to stay.

Item No.5
Sub: Revision of PPO in favour of Pensioners/Family Pensioners
Ministry of PPG&P(Departrnent of Pension) vide Para 11 of F. No. 38/ 37/08-P&PW(A) dated 01.09.2008 has issued order that revised PPO should be suo-moto issued by the pension sanctioning authority. This has been revised vide PPG&PW’s subsequent F. No.38/37/08—P&PW(A) Pt. I dated 14.10.2008 stipulating that the disbursing authority should furnish calculation in respect of revision of Pension/Family Pension to the pension sanctioning authority, and on receipt of the same, pension sanctioning authority would revise the PPO in favour of pensioner/family pensioner.

This order has created utter confusion and the same was raised in the ordinary meeting of the NCIJCM, held on 15.05.2010, when it was assured that the matter would be sorted out early. Unfortunately, after lapse of long 18 months, the matter could not be sorted out, resulting in, large number of pensionerslfamily pensioners of pre 01.01.2006 could not get the revised PPO.

AIRF, therefore, urges that, necessary action may be taken to issue revise PPO to the PensionerslFamily Pensioners of pre 01.01.2006 retirees.

Item No.6
Sub: Fixation of pension of pre-2006 retirees in terms of VI CPC pay scales
AIRF feels that the pension of pre-2006 retirees should be fixed on the basis of corresponding pay stage in new Pay Band plus Grade Pay of their last pay drawn in pay scale held by them at the time of their retirement.

In this regard, the Hon’ble CAT, New Delhi vide its judgement dated 01.11.2011 in OA Nos.0655/2010, 3079/2009, 306/2010 and 0507/2010 have given the direction to fix the pension of pre-2006 retirees as stated above.

AIRF understood that, instead of Implementing the judgernent of the CAT, DoP&PW has challenged the judgement before the Hon’ble High Court, New Delhi.

AIRF, therefore, requests, that the DoP&PW, instead of fighting against Hon’ble CAT’s orders, may consider the justified demand in the interest of the pre-2006 retirees.

Item No.7
Sub: Restoration of commuted portion of pension
Presently, there is a provision for restoration of commuted portion of pension after 15 years. On an average, a small number of pensioners attain the age of 75 years. As such, most of the pensioners are deprived of the benefit of restoration of pension.

AIRF, therefore, requests that the period of 15 years may be reduced to 12 years so that some more pensioners could get the benefit of restoration of commuted portion of pension.

In this connection, it is pertinent to mention that the Fifth CPC had also recommended to reduce this period to 12 years.

Item No.8
Sub: Enhancement of age related to additional basic pension
There has been a demand from certain Pensioners Associations! Pensioners Samaj on the issue of enhancement of pension on attaining the age of 65, 70, 75 and 80 and so on by 5% every time.

Presently, age related enhancement in pension is admissible to the pensioners having 80 years of age completed.

As all are well aware that, a handful pensioners survive up to the age of 80 years. As such, majority of pensioners are unable to get the benefit of enhanced pension.

AIRF, therefore, requests the government to take a positive view to reduce minimum age limit from 80 to 65 years for giving the benefit of enhanced pension.

Source : ALL INDIA RAILWAYMEN’S FEDERATION (AIRF)
[http://airfindia.com/AIRF%202013/Agenda%20items%20on%20Pensionary%20Benefits_19.05.2013.pdf]

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