GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES

LOK SABHA
UNSTARRED QUESTION NO. 671

TO BE ANSWERED ON 6th FEBRUARY, 2023 (MONDAY)/ 17 MAGHA, 1944 (SAKA)

OLD PENSION SCHEME

671. Shri Bhartruhari Mahtab
Will the Minister of Finance be pleased to state:

(a) whether Old Pension Scheme (OPS) is being implemented in certain States of the country;

(b) if so, the details thereof and the reaction of the Government thereto;

(c) whether the impact of OPS is likely to have on the State Government’s exchequer;

(d) whether the additional financial burden due to OPS is likely to push the State Governments into the debt and if so, the details thereof and the reaction of the Government thereto; and

(e) the steps taken by Pension Fund Regulatory and Development Authority in this regard?

ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE
(DR. BHAGWAT KARAD)

(a) to (e) The State Governments of Rajasthan, Chhattisgarh, Jharkhand, Punjab, and Himachal Pradesh have informed the Central Government/Pension Fund Regulatory and Development Authority (PFRDA) about their decision to restart Old Pension Scheme (OPS) for their State Government employees.

There is no provision under Pension Fund Regulatory and Development Authority Act, 2013 read along with PFRDA (Exits and Withdrawals under the National Pension System) Regulations, 2015, and other relevant Regulations, vide which the accumulated corpus of the subscribers viz Government contribution, Employees’ contribution towards NPS along with accruals, can be refunded and deposited back to the State Government.

As per Reserve Bank of India’s report titled ‘State Finances: A Study of Budget of 2022-23’, the annual saving in fiscal resources that reversion to the old pension scheme entails, is short-lived. By postponing the current expenses to the future, States risk the accumulation of unfunded pension liabilities in the coming years.

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GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)
RAJYA SABHA
UNSTARRED QUESTION NO. 128

(TO BE ANSWERED ON 02.02.2023)

COMMENTS REGARDING OLD PENSION SCHEME

128 SHRI JAVED ALI KHAN:
SHRI NEERAJ SHEKHAR:

Will the PRIME MINISTER be pleased to state:

• (a) whether Department of Expenditure (DoE) has advised DoP&PW vide ID Note dated 05.12.2022 to consult DoPT and Department of Legal Affairs (DoLA) regarding cut off date for issuing general orders to revert those Central Government employees under OPS whose advertisements for recruitment were issued prior to 01.01.2004;
• (b) if so, whether DoP&PW has sent references to DoPT and DoLA;
• (c) if so, the details thereof along with the comments received there from, Department-wise; and
• (d) if not, the reasons for delay?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a) to (d): After dismissal of some of SLPs / Review Petitions by Hon’ble Supreme Court filed by Union of India against the orders of Hon’ble High Court of Delhi allowing benefit of old pension scheme to those Government servants whose selection process was completed after 01.01.2004, a reference was made to Department of Expenditure, Department of Personnel and Training and Department of Legal Affairs on the question of issue of general order in this regard. Department of Expenditure furnished their comments vide note dated 05/12/2022. Comments from Department of Personnel and Training and Department of Legal Affairs have also been received.

There is no decision to issue general instructions 1n this regard.

National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces).

In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)
RAJYA SABHA
UNSTARRED QUESTION NO. 126
(TO BE ANSWERED ON 02.02.2023)

EXCLUSION OF CENTRAL GOVERNMENT EMPLOYEES FROM NPS

126 SHRI NEERAJ SHEKHAR:
SHRI JAVED ALI KHAN:

Will the PRIME MINISTER be pleased to state:

(a) whether Department of Expenditure (DoE) vide its ID note dated 05/12/2022 has accorded its concurrence for issuing general orders for exclusion of Central Government employees from the purview of NPS and to cover them under OPS whose advertisements for recruitments were issued on or before 22/12/2003;

(b) if so, the details thereof along with the action taken thereon;

(c) whether OM to be issued in this regard has also been vetted by DoE and returned back to DoP&PW;

(d) if so, the reasons for delay in issuing orders; and

(e) by when DoP&PW would issue general orders for similarly placed officials?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a) to (e): After dismissal of some of SLPs / Review Petitions by Hon’ble Supreme Court filed by Union of India against the orders of Hon’ble High Court of Delhi allowing benefit of old pension scheme to those Government servants whose selection process was completed after 01.01.2004, a reference along with draft OM was made to Department of Expenditure on the question of issue of general order in this regard. Department of Expenditure furnished their comments vide note dated 05/12/2022.

There is no decision to issue general instructions in this regard.

National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces).

In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System.

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Petitions from different forces – Old Pension Scheme is not implemented in accordance with the 1972 CCS Pension Rules in W.P.(C) 12712/2021 & connected petitions dated 11.01.2023.

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: December 01, 2022
Pronounced on: January 11, 2023

……. Petitioners

Through: Advocate (appearance not given)

Versus

UNION OF INDIA AND ORS. ….. Respondents

Through: (see pdf)

CORAM:

HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

JUDGMENT
SURESH KUMAR KAIT, J

1. The petitioners in the above captioned petitions are employees of different forces i.e. Central Reserve Police Force (‘CRPF’), Sashtra Seema Bal (‘SSB’), Border Security Force (‘BSF’) and Central Industrial Security Force (‘CISF’) Indo Tibetan Border Police (‘ITBP’) etc., who have preferred these petitions under Article 226/227 of the Constitution of India seeking issuance of a writ of certiorari to the respondents for quashing of orders denying them the benefit of Old Pension Scheme (‘OPS’) in accordance with CCS (Pension) Rules, 1972 to them vide different Office Memorandums and Signals issued by the respondents. In addition, also sought quashing of OM dated 17.02.2020 issued by respondents to the extent it does not grant benefit of Old Pension Scheme to the personnel who have been appointed pursuant to notifications/ advertisements dated 01.01.2004.

2. The primary relief sought by the petitioners in these petitions is for grant of OPS to the personnel, who have though been appointed after 01.01.2004, but had applied for the posts prior to 01.01.2004. Since the relief sought in these petitions is similar, therefore, vide order dated 08.08.2022 [in W.P.(C) No. 3424/2022] this Court had directed that W.P.(C) No. 12712/2021 shall be treated as the lead matter and with the consent of learned counsel for the parties, Mr. Ankur Chibber, Advocate and Harish Vaidyanathan Shankar, learned Standing Counsel, were called upon to put-forth the case on behalf of the petitioners and respondents respectively.

3. Mr. Ankur Chibber, learned counsel appearing on behalf of petitioners submitted that The Special Selection Board (CPOs-2002) in June 2002 had issued an advertisement inviting applications from eligible candidates for filing up the Group ‘A’ post of Assistant Commandants in the Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police Force and Special Security Bureau (Now Sashastra Seema Bal). As per the said advertisement, the last date for applying under the said examination was 30.06.2002. The written examination was scheduled for 02.03.2003 and the successful candidates appeared for PET, Interview and Medical examination between October, 2003 till February, 2004. The final result was declared in July, 2004. The petitioners were offered appointment for the post of Assistant Commandant during the period October, 2004 till 2005. In the interregnum, vide Notification dated 22.12.2003, New Contributory Pension Scheme (‘NPS’) was implemented w.e.f. 01.01.2004, however, the said scheme was not applicable to Armed Forces, as the Forces shall be governed by the OPS already existing.

Judgement

51. There is no dispute to the position that at the time of publication of the advertisements, the OPS was in force. Also, when the advertisement itself states that the selected candidates shall be governed by the Act and Rules in force and thereafter, the Notification dated 22.12.2003 and OM dated 17.02.2020 specifically mention that the all the Central Government employees “except the armed forces”, shall be governed by the NPS, therefore, we do not find any reason for respondents to issue the appointment letters to the personnel of armed forces mentioning that “the appointee shall be governed by the new pension scheme introduced by the Government of India”. When vide Circular dated 6th August, 2004 issued by the Ministry of Home Affairs, Government of India has itself declared that the Central Forces under the administrative control of Ministry of Home Affairs are armed Forces of Union, the position cannot be disputed that the Armed Forces shall remain excluded from coverage under Notification dated 22.12.2003. We find that despite the fact that ‘armed forces’ are exception to Notification dated 22.12.2003 , however, without application of mind, have mentioned in the appointment letters of the candidates that the recruits shall be governed by NPS. Apparently, Article 246 read with List 1 Entry 2 of the VII Schedule of Constitution of India envisages Armed Forces of the Union of India includes “Naval, Military and Air Forces; any other armed forces of the Union”, so, the personnel of CAPFs deserve to get the benefit of OPS, as has been granted vide Notification dated 22.12.2003.

52. The Hon’ble Supreme Court and High Courts in various decisions have appreciated the role of armed forces in safeguarding our country. Having great respect for the personnel of forces, the Courts as well as Government of India, have always ensured that any policy decision should not be detrimental to their interest. The contents of Notification dated 22.12.2003 as well as OM dated 17.02.2020 clearly demonstrate that when policy decision to implement NPS was taken, the armed Forces of the country were kept out of its domain. Accordingly, we are of the considered opinion that the Notification dated 22.12.2003 as well as OM dated 17.02.2020 are required to be implemented in their true essence.

53. In the light of what we have observed above, we find that Notification dated 22.12.2003 as well as OM dated 17.02.2020 create a bar upon the respondents to not implement the Notification dated 22.12.2003, whereby New Contributory Pension Scheme (‘NPS’) has been executed w.e.f. 01.01.2004, upon the personnel of the paramilitary Forces i.e. Central Reserve Police Force (‘CRPF’), Sashtra Seema Bal (‘SSB’), Border Security Force (‘BSF’) and Central Industrial Security Force (‘CISF’) Indo Tibetan Border Police (‘ITBP’) (CAPFs) etc. Consequentially, the impugned Office Memorandums, Signals and Orders, to the extent it deny the benefit of Old Pension Scheme to the petitioners and similarly situated personnel of the armed forces, are hereby quashed.

54. A mandamus by way of direction is accordingly issued to the respondents to issue an Order to CAPFs mentioned above to implement the Notification dated 22.12.2003 as well as OM dated 17.02.2020 in essence noted above. It is made clear that the Notification dated 22.12.2003 as well as OM dated 17.02.2020 granting the benefit of Old Pension Scheme shall be applicable in rem. Meaning thereby, Old Pension Scheme shall not only be applicable in the case of petitioners herein but all the personnel of CAPFs at large. Accordingly, necessary orders be issued within eight weeks.

55. With aforesaid directions, these petitions and pending application, if any, are accordingly disposed of.

(SURESH KUMAR KAIT)
JUDGE

(NEENA BANSAL KRISHNA)
JUDGE
JANUARY 11, 2023

Neutral Citation Number: 2023/DHC/000201
W.P.(C) 12712/2021 & connected petitions

Download CAPF eligible for old pension scheme OPS Delhi High Court Judgement 2023 PDF

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES

LOK SABHA
UNSTARRED QUESTION NO. 854
TO BE ANSWERED ON 12th DECEMBER, 2022 (MONDAY)/
AGRAHAYANA 21, 1944 (SAKA)

OLD PENSION SCHEME

854. Shri Asaduddin Owaisi
Will the Minister of Finance be pleased to state:

(a) whether many States have restarted Old Pension Scheme (OPS) to their respective Government employees and if so, the details thereof;

(b) whether many States have raised demand to the Government to return National Pension Scheme (NPS) money to start OPS;

(c) if so, the details thereof and the reaction of the Government thereto;

(d) the decision taken or being taken by the Government to return NPS money to those States who have started OPS;

(e) whether the Government proposes to return to OPS in near future; and

(f) if so, the details thereof?

ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (DR. BHAGWAT KARAD)

(a) to (f) The State Governments of Rajasthan, Chhattisgarh, and Jharkhand have informed the Central Government/Pension Fund Regulatory and Development Authority (PFRDA) about their decision to restart Old Pension Scheme (OPS) for their State Government employees.

The State Government of Punjab on 18.11.2022 has issued notification regarding implementation of OPS to the government employees who are presently being covered under the National Pension System (NPS).

The State Governments of Rajasthan, Chhattisgarh, and Jharkhand, have sent proposals to the Central Government/PFRDA to return the accumulated corpus of subscribers under NPS to respective State Governments. No such proposal has been received from the State Government of Punjab.

In response to the proposals of the State Governments of Rajasthan Chhattisgarh, and Jharkhand, PFRDA has informed the respective State Governments that there is no provision under Pension Fund Regulatory and Development Authority Act, 2013 read along with PFRDA (Exits and Withdrawals under the National Pension System) Regulations, 2015, and other relevant Regulations, as amended from time to time, vide which the funds, which are already deposited both in the form of Government contribution and Employees’ contribution towards NPS, along with accruals, can be refunded and deposited back to the State Government.

There is no proposal under consideration of Government of India for restoration of old pension scheme.

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GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF LEGAL AFFAIRS

RAJYA SABHA
UNSTARRED QUESTION NO.1392
TO BE ANSWERED ON THURSDAY, THE 28th JULY, 2022

Exclusion of Central Government Employees from NPS

1392. Shri Javed Ali Khan:

Will the Minister of Law and Justice be pleased to state:

(a) whether Department of Pension and Pensioners’ Welfare had sought comments of Department of Legal Affairs (DLA) again vide Note dated 24/03/2022, regarding issuing general orders for exclusion of central government employees from the purview of NPS and to cover them under OPS whose advertisements for recruitments were issued on or before 31/12/2003 in view of various judgments of Apex Court;

(b) 1f so, whether DLA has furnished its final comments in response to above in the month of May, 2022;

(c) 1f so, full details of comments furnished along with the date thereof; and

(d) 1f not, reasons for delay?

ANSWER

MINISTER OF LAW AND JUSTICE
(SHRI KIREN RIJTJU)

(a) &(d): Yes Sir, the Department of Pension and Pensioners’ Welfare (DoP&PW) made a reference dated 24/03/2022 to the Department of Legal Affairs (DLA) seeking advice regarding the inclusion of central government employees under Old Pension Scheme on the basis of the date of advertisement being on or before 31/12/2003 of the posts against which they were appointed and whether it would be legally feasible for the DoP&PW to issue executive instructions in this regard.

The issue was examined in the Department of Legal Affairs in the light of the comments given by the Department of Financial Services in the matter and vide note dated 06/05/2022, it was opined that the proposal of the administrative Department is a matter of policy of the administrative Department/ Ministry. Further, the notification dated 22/12/2003 is silent about the date which would determine the applicability of NPS – the date of joining or the date of Notification/ Advertisement. Also, on the basis of judgments in various court cases, DoP&PW has allowed one-time option to opt for OPS/NPS for employees whose selection for appointment were finalized before 01/01/2004 but joined Government service on or after 01/01/2004 due to administrative lapse in their recruitment process. Therefore, an administrative decision to issue executive instructions providing for coverage of Government servants under OPS who were appointed to Central Government service on or after 01/01/2004 on the basis of advertisement/ notification of vacancies issued prior to 01/01/2004 1s in order.

Rajya Sabha

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES

LOK SABHA

UNSTARRED QUESTION NO: 812
TO BE ANSWERED ON 7TH FEBRUARY 07, 2022

Restoration of Old Pension Scheme

812. Shri Rakesh Singh

Will the Minister of FINANCE be pleased to state:-

(a) whether the Central and State Government employees are opposing the New Pension Scheme;
(b) if so, the details thereof;
(c) whether the Government proposes restore the Old Pension Scheme keeping in view the benefits of the said scheme in interest of employees;
(d) if so, the reasons thereof; and
(e) if not, the reasons therefor?

ANSWER

The Minister of State (Finance) (Dr. Bhagwat Karad)

(a) to (e) Representations have been received from time to time which include the request for restoration of Old Pension Scheme. There is no proposal under consideration of Government of India for restoration of old pension scheme in respect of Central Government employees recruited on or after 01.01.2004. The National Pension System (NPS) was introduced by the Government of India to replace the defined benefit pension system by defined contribution pension scheme in order to provide old age income security in a fiscally sustainable manner and to channelize the small savings into productive sectors of the economy through prudential investments.

Loksabha

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NPS to OPS

Officials under the National Pension System (NPS) have been ordered to revert to the Old Pension Scheme (OPS).

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)
RAJYA SABHA

UNSTARRED QUESTION NO. 2673

(TO BE ANSWERED ON 18.03.2021)

LITIGATION FOR OLD PENSION SCHEME

SMT. CHHAYA VERMA:
SHRI VISHAMBHAR PRASAD NISHAD:
CH. SUKHRAM SINGH YADAV:

Will the PRIME MINISTER be pleased to refer to answer to Unstarred Question 428 given in the Rajya Sabha on 4th February, 2021 and state:

(a) whether High Court of Delhi on 15/01/2021 in W.P. (C) 8208/2020 and various other cases has ordered to revert officials under National Pension System (NPS) to Old Pension Scheme whose results for selection were declared after 31/12/2003 while advertisements for recruitment were issued before NPS coming into force;

(b) if so, the details thereof and action taken/proposed in this regard; and

(c) the rationale for not issuing general orders for all on above lines inspite of recent judgements of Apex/High Courts in similar cases and compelling own officials for undue litigation instead of attending office thereby causing wastage of public money?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (c): The new contributory pension scheme (now known as National Pension System) was introduced vide a notification dated 22.12.2003 issued by the Department of Economic Affairs.

As per this notification, the new system was mandatory for all new recruits to the Central Government from 1.1.2004.

The petitioners in the Writ Petition No. 8208 / 2020 and several other writ petitions filed in the High Court of Delhi were appointed to different posts in Central Armed Police Forces after their selection in June/July, 2004 pursuant to the advertisements issued in June, 2003 and September, 2003 and examinations conducted in January, 2004. The petitioners prayed for extension of the benefit of old pension scheme on the ground that the advertisements for the
posts were issued before 1.1.2004. In its common order dated 15.01.2021, Hon’ble High Court has allowed these Writ Petitions and has directed to extend the benefit of Old Pension Scheme to each of the Petitioners.

In view of the decisions of the Courts in some other cases and in order to redress the grievances of the employees who, on their selection before 1.1.2004, could join Government service only after 1.1.2004, instructions were issued by Department of Pension & Pensioners’ Welfare on 17.2.2020 that in all cases where results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment would be eligible for coverage under the CCS(Pension) Rules, 1972.

NPS to OPS: Abolition of National Pension System and for restoration of Old Pension Scheme

The date of advertisement for the vacancies is, however, not considered relevant for determining the eligibility for coverage under the Old Pension Scheme, in terms of the Notification dated 22.12.2003 and O.M. dated 17.02.2020. It has, therefore, been decided to file a Special Leave Petition in the Hon’ble Supreme Court against the order dated 15.01.2021 of the Hon’ble High Court of Delhi in Writ Petition No. 8208/2020 and the other connected writ petitions.

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As per 15th Finance Commission Report, the MoD has been examining various possibilities of reforms in defence pension, as deliberated by relevant Parliamentary Committee.  The extract of Para 11.66 is reproduced below:-

11.66 The MoD has been examining various possibilities of reforms in defence pension, as deliberated by relevant Parliamentary Committees. These are:

• i. bringing service personnel currently under the old pension scheme into the New Pension Scheme (NPS) or a separate NPS for the armed forces;
• ii. increasing the retirement age of personnel below officer ranks to a reasonable level;
• iii. transfer of retired personnel to other services, like the paramilitary forces, after active service of a certain duration; and
• iv. resettlement of ex-servicemen through skill development courses.

We recommend that the MoD take appropriate reform measures, without losing much time, on these lines or any other innovative approach, in order to ensure the growth of defence pensions are at para with non-defence pensions.

Para 3.81 of 15th Finance Commission Report is stating about the Defence Expenditure

3.81 Expenditure on defence services, on both revenue (excluding defence services pension) and capital accounts, as a proportion of GDP, has steadily decreased from 2 per cent in 2011-12 to 1.5 per cent in 2018-19 (Table 3.11). In 2020-21 (BE), such expenditure on revenue and capital accounts, again as ratios of GDP, are estimated at 0.9 per cent and 0.5 per cent, respectively. The defence revenue expenditure in 2016-17 increased by 13.3 per cent and in 2017-18 by 12.5 per cent mainly on account of higher outgo on salaries with implementation of the revised pay scales of the three defence services. During 2018-19, it increased by a further 5.1 per cent. Between 2011-12 and 2018-19, defence revenue expenditure grew faster (10 per cent) than the increase in defence capital outlay (4.7 per cent), and resulted in a reduction of the share of defence capital outlay in total defence services expenditure (excluding defence pension) from 40 per cent in 2011-12 to 33 per cent in 2018-19.

3.82 The total defence services expenditure (including defence services pension), as a ratio of GDP, declined from 2.4 per cent in 2011-12 to 2.1 per cent in 2018-19. It is budgeted to go down to 2 per cent in 2020-21 (BE). This decline has taken place even as defence services pension, again as a ratio of GDP, increased from 0.43 per cent in 2011-12 to 0.48 per cent in 2014-15 and further to 0.57 per cent in 2016-17 due to the implementation of revised pay scales and one rank one pension (OROP). It is expected to be at the level of 0.6 per cent in 2020-21 (BE). In 2020-21 (BE), the defence services salary and pension constitute around 59 per cent of the total expenditure of the Ministry of Defence, followed by capital outlay (24 per cent) and stores, adminstration of the defence services, construction of roads and bridges and the Coast Guard organisation accounting for the balance.

3.83 The capital outlay on defence services increased at the rate of 4.7 per cent a year from 2011-12 to 2018-19. During this period, the highest annual growth of 12.2 per cent was registered in 2013-14 and the lowest (-) 2.4 per cent in 2015-16. Capital outlay as a proportion of GDP has decreased from 0.8 per cent in 2011-12 to 0.5 per cent in 2020-21 (BE). Similarly, capital outlay as a proportion of total defence services expenditure (including defence pension) has declined from 32.6 per cent to 24.9 per cent during the same period.

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NPS to OPS

AIPEU Group-C Maharashtra Circle

No.PIII/1-3/Withdrawal of NPS-Restoration of OPS/2021

Dtd: 31st January 2021

To,

Hon’ble Shri.Sanjayji Dhotre Sir,
Hon. Minister of State of Education,
Communication & Electronics IT,
Behind Jagruti Vidyalaya, Ranpise Nagar,
Akola- 444001, Maharashtra State.

Regarding restoration of old pension scheme in lieu of New pension system to all Govt servants who were regularly appointed into service on or after 01-01-2004 – Request for positive early action.

Hon’ ble Sir,

With reference to the above mentioned subject and with utmost respect, I am taking this opportunity under your esteemed presence in our historical 39th Biennial Conference and constrained to bring to your kind notice through this appeal that, despite lot of references and deliberations by all recognized service Unions of various ministries of Govt. of India, the competent authority has not taken any favorable decision in the matter so far. Enormous communication; ‘supported by necessary inputs, explaining the ins and outs of old and new pension schemes were unheeded, compelling me to take up the issue with Your Honour, being the Circle Secretary of Maharashtra Postal Circle staff union with a hope that Your Honour may bridge the gap by taking up the important matter at appropriate level.

Pension, indeed, a right, social security and welfare scheme extended to all Govt, Servants, which is otherwise known as a deferred wage. Pension was treated not only as a reward for past service, but with a view to helping the employee to avoid destitution in old age. Thus, the Govt, servants those who were appointed prior to 01-01-2004 were rightly covered under old pension scheme without deducting any monthly contribution from them. However, the scenario has been completely changed w.e.f 01-01-2004 onwards, that Govt. Servants appointed in to service on or after 01-01-2004 were covered by New Pension System with mandatory monthly deduction from their salary. This irked the Govt.servants in a very big way.

‘The Civil servants appointed on or after 01-01-2004 have started comparing their, position with these appointed into service prior to 01-01-2004. The important aspect is that both are doing similar job, having equal role and responsibility, drawing same pay scales, however, the new entrants are deprived from old pension, but certain percentage of their salary has been mandatorily deducted on monthly basis in order to get a meager amount of pension after putting in to more than 35 to 40 Years of service. Under the New Pension System, there is also no provision for Contribution towards General Provident Fund which adds more fuel to the fire, whereas same is available under old pension scheme.

It is quite natural that People Working in a particular organisation, performs same nature of duties with similar role and responsibilities and having equal pay scales, can expect same kind of retirement benefits, respective of their date of entry into the organisation. If certain group of people are given retirement benefits Without any contribution but salary of other groups have been mandatorily deducted on monthly basis is certainly inequality, which is against the principle of natural justice enshrined in our constitution. This will also leads to Division among officers/ officials appointed prior to 01-01-2004 and thereafter, affecting revenue generation of respective Dept which may indirectly associated with our GDP. There is unrest among the personnel appointed on or after (1-01-2004 and no one can deny this because of the reason that, they have been forced to contribute monthly from their salary for getting Pension and also unable to contribute to GPF.

The earlier Government in the year 2003-2004 was very keen to implement the New Pension System, however had not analyzed the amount of disadvantages to be faced by one section of Govt. servants working in the same Department on or after 04-01-2004. By the introduction of New Pension System, principle of equal pensionary benefits for equal work and equal pay has been vitiated. Since its introduction, all staff union under different ministries of Govt. of India have been raised their voices/ concerns through various forums/means, but all in vain. The protest is still going on and there will be no end to it unless the Govt. roll back to old pension scheme from NPS. The apathy of new entrants of Govt. Dept needs to be examined in judicious and humanitarian way. Whether there will be any two yardsticks for judging Govt. servants exercising their legitimate public duties who are governed by same service rules and regulations, and if so, why personnel appointed into Govt. Service on or after 01-01-2004 were deprived of old pension scheme.

NPS to OPS: Abolition of National Pension System and for restoration of Old Pension Scheme

If you compare the old and new pension schemes, old pension scheme is more advantageous to all. People can enjoy benefits of pension without mandatory contribution from their salary similar to their seniors who were appointed prior to 01-01-2004. Due to GPF, one can withdraw and take advances from the fund for urgent and essential needs. In fact, this is really an opportunity which is a win- win situation for both Govt. as well as Govt. Servants. The accumulated corpus in the fund can be utilized by the Govt. for various schemes and in case of urgent need ,the official can also use it by way of taking advance or withdrawal from the fund to the extant as envisaged under GPF, are because of these two vital points ie. GPF and mandatory contribution from salary. Thus, the old pension scheme is more beneficial to all Govt. Servants.

In order to mitigate the problem, it is fair enough to constitute an expert committee of few secretaries of Govt. Dept to study, analyse and weigh the merits and demerits of both old and new pension systems on a urgent basis, though the NPS came in to existence since 01-01-2004. There is no harm in taking stock of the situation now also, since the NPS cause disadvantage to one section of Govt. Servants, who were appointed on or after 01-01-2004.

In order to assess the level of hardship faced by the Govt. servants entered the Department on or after 01-01-2004, the above narrations may kindly be looked into by the competent authority with proper perspective and cause to scrap the New Pension System which is indeed disadvantageous to Govt. servants. I, on behalf of the Staff Union of Maharashtra Postal! Circle, approaching to Your Honour that Hon’ble Sir may kindly take up the issue with appropriate niinistry on urgent basis. Hoping for favorable action and for that act of kindness, I shall ever remain grateful to Your Honour on behalf of my union.

A tine of reply and favorable action taken in this regards are highly appreciated.

Thanking You,
With Respectful & Healthy Regards,

Yours faithfully,

(Surendra S.Palav)
Circle Secretary

The post Restoration of OPS in lieu of N to all Govt servants who were regularly appointed into service on or after 01-01-2004 – Request for positive early action appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Navodaya Vidyalaya Samiti
Ministry of Education, Govt. of India
(Deptt. of School Education & Literacy)
B-15, Institutional Area Sector 62, NOIDA, Gautam Budh Nagar (U.P.)- 201309

F.No.24-01/2013(GA)/212

Dated: 09.12.2020

NOTIFICATION

This office is in receipt of representations from various serving and retired employees of Navodaya Vidyalaya Samiti for coverage under Old Pension Scheme i.e. Pensionary Benefit under CCS (Pension) Rules – 1972.

Dealing with each individual representation on this subject is not feasible. Therefore, for information of all the concerned it is intimated that the issue regarding grant of benefits of CCS (Pension) Rules – 1972 to the Samiti’s employee has been considered and examined on a number of occasions by the Government but this benefit is not extended so far due to various reasons.

Enhancement of ceiling of Payment of Gratuity to the NVS employees from Rs.10.00 lacs to Rs.20.00 lacs

In place of CCS (Pension) Rules – 1972, a proposal for grant of Annuity Based Pension to the serving employees of Navodaya Vidyalaya Samiti who joined Samiti before 01.01.2004 is under consideration. Further, New Pension Scheme has already been made applicable to the employees who joined Samiti on or after 01.04.2009 and option was also provided to the employees who joined upto 31.03.2009 for opting NPS or to continue with existing CPF scheme.

With this the representations and notices of all the serving as well as retired employees stand disposed off.

This issues with the approval of the Competent Authority.

(Raghuvendra Kumar)
Assistant Commissioner (Admn.)

1. Deputy Commissioner, All ROs/NLIs
2. The Principals, All JNVs through concerned ROs
3. AC (IT) – with a request to arrange to upload the same on the website of NVS.

Source: NVS

The post Retired employees of Navodaya Vidyalaya Samiti NVS for coverage under Old Pension Scheme OPS – Pensionary Benefit under CCS Pension Rules – 1972 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.