North Block, New Delhi
Dated 28 October, 2024

OFFICE MEMORANDUM

Subject: Grant of notional increment on 1st July/1st January to All India Services officers who retire on 30th June/31st December respectively for the purpose of calculation of pensionary benefits.

  I am directed to say that in reference to the above-mentioned subject, action may be taken in the matter of grant of notional increment to All India Services officer as per the instructions provided in this Department’s Office Memorandum No.19/116/2024 -Pers.Pol.(Pay)(Pt) dated 14.10.2024 (copy enclosed).

Enclosed: (1)

Yours sincerely,

Sd/-
Bhupinder Pal Singh
Under Secretary to Government of India

Annexure: Grant of notional increment on 1st July/1st January to the employees who retired on 30th June / 31st December – Implementation Order by DoP&T

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No.4/4/2023-P&P W(CPEN)/ E-8805

भारत सरकार
कार्मिक, लोक शिकायत तथा पेंशन मंत्रालय
पेंशन और पेंशनभोगी कल्याण विभाग

आठवाँ तल, बी विंग, जनपथ भवन
जनपथ, नई दिल्ली- 110001
दिनांक 26.05.2023

OFFICE MEMORANDUM

Sub: Outreach plan to soon-to-be-retiring/retired employees, who are yet to submit their ‘Anubhav write-ups’.

The undersigned is directed to refer to the subject mentioned above and to say that on the directions of the Hon’ble Prime Minister of India, this Department had launched an on-line platform entitled ‘Anubhav for sharing experiences of retiring government employees while working with the Government by submitting their ‘Anubhav write-ups’. It is a scheme for retiring employees to showcase significant achievements made during their service period.

2. As per the Anubhav Awards Scheme 2023, the retiring Central government employees/ pensioners can submit their ‘Anubhav write ups’ either 8 months prior to retirement or within 1 year of their retirement. Best 05 ‘Anubhav write-ups’ will be conferred with Anubhav Awards in the ceremony, tentatively scheduled to be held in October, 2023.

3. Therefore, in order to encourage submission of high quality write-ups, an outreach plan has been devised by DOPPW and it has been decided that an SMS may be sent to all the eligible employees/ pensioners and their respective Associations. The content of the SMS is as under:-

“Central government employees can submit their experiences while working with the Government through Anubhav Write-ups from 8 months prior to retirement or up to 1 year after retirement. For more information, please visit’- Youtube.com DOPPW, GOI “

3.1. The above video is also available on the official YouTube channel of the department i.e. DOPPW_India Official. Further, an E-mail on the same line may be sent to the target groups as mentioned in para 3 above.

4. In view of above, it is requested to widely disseminate the video through electronic means to ensure the widest possible participation in Anubhav Awards Scheme, 2023.

(Dr. Pramod Kumar)
Director
Government of India

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA

UNSTARRED QUESTION NO: 3100

ANSWERED ON: 15.03.2021

National Pension Scheme

Parbatbhai Savabhai Patel
Naranbhai Bhikhabhai Kachhadiya

Will the Minister of FINANCE be pleased to state:-

(a) the main objective of National Pension Scheme;

(b) the age prescribed for availing the benefit of said scheme;

(c) whether all citizens of the country can avail benefit of the scheme or limited retired employees can avail the benefit of the scheme and if so, the details thereof; and

(d) whether this scheme has also been implemented in States and if so, the details of the services provided in Gujarat State so far?

ANSWER

The Minister of State (Finance)

(a) The National Pension System (NPS) was introduced by the Government of India to replace the defined benefit pension system. NPS was made mandatory for all new recruits to the Central Government service from 1st January 2004, (except the armed forces in the first stage) and has also been rolled out for all citizens with effect from 1st May 2009, on a voluntary basis. The Government had made a conscious move to shift from the defined benefit, pay-as-you-go pension scheme to defined contribution pension scheme, NPS, due to rising and unsustainable pension bills. The transition aimed at freeing the limited resources of the Government for more productive and socio-economic sectoral development.

(b) NPS is open for subscription to all citizens of India, resident as well as non-resident, aged between 18- 65 years. A person after retiring at the age of 60 years can also join NPS and contribute till the age of 65 years.

(c) All citizens of the country, resident as well as non resident, aged between 18-65 years can subscribe to NPS, and can avail the following benefits under NPS:

• i. Contribution up to Rs. 1.50 lakhs made to the NPS Tier-I account are eligible for tax deduction under Section 80CCD (1) and Section 80CCE of the Income Tax Act, 1961. An additional tax rebate of Rs.50000/- is also allowed for contributions made to NPS Tier-I under Section 80CCD (1B) of the Income Tax Act, 1961. The contribution made by an employer to the Tier 1 account of an employee (up to 14% of the salary for Central Government and up to 10% of the salary in case of other employers) is also tax-exempt under Section 80CCD (2) of the Income Tax Act, 1961 subject to a maximum of Rs. 7.50 lakhs under Section 17(2) (vii) of the Income Tax Act, 1961.
• ii. Deduction under Section 80C for the contribution made to Tier II NPS account by Central Government employees for a fixed period of not less than three years, is allowed.
• iii. In accordance with Section 10(12A) of the Income Tax Act, 1961, the entire 60% amount withdrawn as a lump sum is tax-free.
• iv. Partial withdrawal of up to 25% of the subscriber’s own contributions before attaining the age of superannuation is allowed, subject to certain conditions.
• v. Transparency and portability are ensured through online access of the pension account by the NPS subscribers, across all geographical locations, and portability of employments.

(d) As of now all State Governments (except West Bengal) have notified NPS for their employees. Further, as reported by the Central Recordkeeping Agency (CRA), a total of 2,38,599 subscribers from the State Government of Gujarat have joined NPS as on 27.02.2021 and the total Assets Under Management (AUM) for the State Government of Gujarat are Rs.14,152.36 cr.

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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

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CHECKLIST FOR ISSUE OF PERMISSION FOR HEARING AID DEVICE

(The following format is for CGHS serving employees and pensioners based on OM No. S.14025/10/2002/MS, MOHFW dated 26/5/2015. Similar format for checklist may be used by Departments/ Ministries/ Autonomous bodies for their employees)

CGHS card is valid till ————— (dd/mm/yy) as per CGHS database.

The beneficiary has retired from Department ———— and whether Autonomous body or no (Yes/No).

Contact number of beneficiary is ———— email ID is ———— Forwarded to Additional Director CGHS ————- (city/zone) for necessary action.

Name of CMO l/C / officiating CMO l/C ——————-

Wellness Centre ————————-

Signature and stamp of CMO l/C ——————————-

*Please note-All information as required in the above checklists needs to be filled mandatorily.

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No.NC-JCM-2020/ DOPT (DA)

October 08, 2020

The Secretary,
Government of India,
Department of Personnel & Training,
North Block,
New Delhi

Dear Sir,

Sub: Computation of gratuity and leave encashment in the case of persons retired/ to be retired after 1.1.2020 Consequent upon the denial of DA/DR

We invite your kind attention to the orders in F. No. 1/1/2020-E II (B) dated 23.04.2020 wherein the decision of the Government to deny the dearness allowance dearness relief to the employees and pensioners respectively has been conveyed. We had written two letters in the matter on 23rd April 2020 and on 26th May 2020. The undersigned had taken up the issue also with the Cabinet Secretary. when he assured of an informal discussion in the matter with the Staff Side. However. no talks have taken place thereafter. It is not for the first time that the Government is by pausing the National Council. Staff Side. On the last occasion. when the National Council met. we had pointed out the inordinate delay in convening the meetings. We are constrained to believe that the Government wanted the negotiating body to have a burial. I am however duty bound to convey the growing resentment of the employees over this unprecedented decision. As the Government has decided to deny the dearness relief to the pensioners. the pensioner community is in great financial stress as many of them are compelled to spend exorbitant amount for the treatment of Covid.

It has been brought to our notice that the denial of DA and freezing the same forced 18 months from 1.01.2020 to 1.07.2021 has created a piquant situation for the lower level administrative functionaries to correctly compute the retirement benefits in the case of those civil servants who are retiring after the date of issue of the above cited O.M. The definition of “emoluments” for the purpose of computing the gratuity as also the leave salary (of the accumulated leave) includes Dearness allowance as admissible and not as paid or payable to the Government servant. Without exception. every administrative Department has computed the entitlement on this account only with reference to the Basic pay Dearness allowance paid or received by the concerned individual i.e 17%, Either 21% w.e.f 1-1-2020 or figure increase in percentage are not taken into account while calculating gratuity and leave salary. Since the order of the Finance Ministry clearly stipulates that the Dearness Allowance admissible to the Government servants would be restored on 1.07.2021. the computation of Gratuity and leave salary without taking into account the DA as admissible to the individual Government servant is incorrect. Annexed to this letter is an example as to how the individual loses out if the present faulty, computation procedure is followed It could be seen from the given example, the concerned Government servant will lose a staggering sum of Rs. 57116 because of this faulty computation.

The Government is required to pass the orders as and when the DA has become due, Freezing it for certain period of time or denying it altogether for a specified duration are altogether different issues. Our objection to the adopted policy has already been conveyed to the Government. The faulty computation of Gratuity and Leave salary is not even intended by the order issued by the Government on 23rd April, 2020.

Also check: Benefit of gratuity in respect of Central Government Employees counting of service on joining new service covered under National Pension System (NPS)

We, therefore. request you to kindly get the matter examined and ensure that

(i) Orders are issued as and when the Dearness allowance has to be revised on the basis of the cost of living index;
(ii) Direct the administering Ministries to compute the emoluments of persons who are to retire during the period of freezing, taking the correct amount of DA as admissible to receive and not what has been paid to him for computing gratuity and leave salary
(iii) The orders revising the rate of DA DR are to be issued in April, 2020, before September, 2020 and again in April, 2021.

Thanking you,

Yours faithfully,

Shiva Copal Mishra
Secretary

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F.NO.6-1/2019-U.3
Government of India
Ministry of Human Resource Development
Department of Higher Education
U.3 Section

Room No. 519, ‘C -Wing
Shastri Bhawan, New Delhi
Dated: April 12th, 2019

To,
The Director,
Indian Institute of Advanced Study,
Rashtrapati Nivas,
Shimla -171005

Subject:Revision of Pension/ family pension of Pre-01.01.2016 and Post 01.01.2016 retired employees of the Indian Institute of Advanced Study, Shimla -reg

Sir,
I am directed to refer to the Government’s decision regarding provisions regulating pension including the revision of pension/ family pension of Pre-01.01.2016 retired employees of the Indian Institute of Advanced Study (HAS), Shimla on the recommendations of 7th Central pay Commission issued vide Department of Pension and Pensioner’s Welfare O.M. No. 38/37/2016-P&PW(A) dated 04.08.2016, 12.05.2017, 06.07.2017,18.07.2017 and 13.09.2017.

2. The DoP&PW (as per aforesaid OMs) has provided for following manner of revision of pension/family pension:

As per 2nd formulation (recommended by 7th CPC), vide para – 4.1 of O.M. dated 04.08.2016, as follows:

For existing pensioners, who have retired before 01.01.2016 the revised pension/ family pension with effect from 01.01.2016 shall be determined by multiplying the existing pension/family pension, as had been fixed at the time of implementation of 6th Central pay Commission (CPC) recommendations, by 2.57. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee.

As per 1st formulation (recommended by 7th CPC), vide para – 4 of O.M. dated 12.05.2017,as follows:

The pension/family pension w.e.f. 01.01.2016 may be revised by notionally fixing the pay of pensioners in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which pensioners retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulae approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension and 30% of this notional pay shall be the revised family pension w.e.f. 01.01.2016 as per the first formulation. In the case of family pensioners who were entitled to family pension at enhanced rate, the revised family pension shall be 50% of the notional pay as on 01.01.2016 and shall be payable till the period up to which family pension at enhanced rate is admissible as per rules. The
amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee.

3. The DoP&PW’s above mentioned OM dated 12.05.2017 vide para-5,further maintains that higher of the two Formulations i.e. the pension/family pension already revised in accordance with this Department’s OM No.38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised pension/family pension as worked out in accordance with para 4 of OM dated 12.05.2017, shall be granted to pre-01.01.2016 pensioners as revised pension/family pension w.e.f. 01.01.2016. In cases where pension/family pension being paid w.e.f. 01.01.2016 in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 happens to be more than pension/family pension as worked out in accordance with para 4 of OM dated 12.05.2017, the pension/family pension already being paid shall be treated as revised pension/family pension w.e.f. 01.01.2016.

4. Accordingly, the Indian Institute of Advanced Study (HAS), Shimla may workout the pension/family pension of its pre-01.01.2016 pensioners/family pensioners as per the formulations discussed above read with other principles enunciated in Department of Pension and Pensioner’s Welfare’s O.M. No. 38/37/2016- P&PW(A) (ii) dated 12.05.2017 and 06.07.2017 and subsequent OMs dated 18.07.2017 & 13.09.2017.

5. In the case of those employees who retired/died before 01.01.1986, the pension may be worked out on lines with these concordance tables given in Department of Pension and Pensioner’s Welfare OM No. 38/37/2016-P&PW(A) dated 06.07.2017 based on their notional pay as on 01.01.1986, which was fixed in accordance with this Department’s OM No. 45/86/97- P&PW(A) (iii) dated 10.02.1998.

6.The revision of pension and pensionary benefits such as gratuity etc. to those pensioners who retired on or after 01.01.2016 shall be done as per Department of Pension and Pensioner’s Welfare O.M. No. 38/37/2016-P&PW(A) (I) dated 04.08.2016. The revision of pension and pensionary benefits such as gratuity etc. are to be made applicable to only those who are already covered with the schemes which are in accordance with the similar schemes for Central Government employees.

7. This order is applicable in only those cases where such pension schemes have already been adopted with prior approval of Government of India/Ministry of Human Resource Development (MHRD) and the benefits was applicable as per Sixth CPC.

8. In case the Institute has fixed the pension in a manner different from the above formulations, the same may have to be reworked by the Institute and necessary adjustment be made.

9. Any excess payment made on account of incorrect fixation of pension or any other excess payment made shall be adjusted/ recovered against the future payments due or otherwise to the beneficiary.

10.The Indian Institute of Advanced Study (HAS), Shimla is hereby advised to review its user charges for increase in its internal revenue generation to take up a part of the pensionary burden.

11.This issues with the approval of the Integrated Finance Division vide its note Diary No. 1143 dated 02.04.2019.

12.Hindi Version will follow.

(Sanjay Kumar Singh)
Under Secretary to the Government of India

Download the Order here

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2018/Trans.Cell/S&T/Contractual Staff

New Delhi, dated: 12.09.2018

The General Manager, All Indian Railways/PUs, NF(Con), CORE
The DG/RDSO/Lucknow, DG/NAIR/Vadodara
CAOs, DMW/Patiala, WPO/Patna, COFMOW/NDLS, RWP/Bela, CAO/IROAF

Sub: Fixing of Remuneration in favour of Re-engaged Retired Employees covered under NPS.

Ref: (1) Board’s letter No. E(NG)-11/2007/RC-4/CORE/1 Dated- 16.10.2017.
(2) DRM/TVC’s Letter No. V/G.157/DRM/Re-engagement dated 28.08.2018.

With reference to DRM/TVC’s letter at (2) and Board’s letter at (1) above, Board (MS, FC & CRB) have approved that the remuneration of re-engaged retired employees covered under NPS may be suitably dealt with, on merit on case to case basis.

This issues with the concurrence of Associate Finance of Transformation Cell of Railway Board.

Kindly acknowledge the receipt and ensure compliance.

(Umesh Balonda)
Executive Director/S&T
Transformation Cell

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Central Administrative Tribunal
Principal Bench
New Delhi

OA No.571/2017

Order Reserved on: 13.02.2018
Pronounced on: 17.04.2018

Hon’ble Mr. K.N. Shrivastava, Member (A)
G.C. Yadav,
S/o late Kamal Singh Yadav,
(aged about 61 years)
(retired as Deputy Secretary)
R/o H.No.1627/3, Lane No.6,
Rajiv Nagar, Mata Road,
Gurugram – 122001.

Applicant
(By Advocate Shri L.R. Khatana)

-Versus-

Union of India
Through Secretary to the Govt. of India,
Ministry of Home Affairs,
North Block, New Delhi 110001.

Secretary to the Govt. of India,
Department of Pension & Pensioners’ Welfare,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi – 110001.

Secretary to the Govt. of India,
Department of Personnel & Training ,
Ministry of Personnel, Public Grievances & Pensions
North Block, New Delhi – 110001.

– Respondents

(By Advocate Shri N.D. Kaushik )

2 (OA No.571/2017)

ORDER

The applicant retired from the post of Deputy Secretary in the Ministry of Home Affairs, Government of India with effect from the afternoon of 31.12.2015 on attaining the age of superannuation. His date of birth is 01.01.1956. He has been deprived of the benefits of 7th Central Pay Commission’s recommendations, which came into effect w.e.f 01.01.2016 on the ground that he retired prior to that date i.e. 31.12.2015.

2. The applicant submitted his representation dated 14.12.2015 (Annexure A-4 colly.) to the Secretary, Department of Personnel & Training (DoP&T) (respondent no.3) stating therein that he would cease to be a Government servant in the midnight of 31.12.2015 and thus acquired the status of a pensioner in the forenoon of 1st January, 2016. Hence, he is entitled to all the pensionary benefits viz. gratuity, fixation of pay/pension as per 7th Central Pay Commission’s recommendations. The representation dated 14.12.2015 of the applicant was forwarded by the Additional Secretary (S&V), DoPT to the Joint Secretary, Pension, Department of Pension and Pensioner’s Welfare (DoP&PW) vide letter dated 29.02.2016. The relevant portion of the said letter is extracted below:

2. In his representation, Shri Yadav has contended that the pensionary benefits accrue to a person when he acquires the status of Pensioner. As per the judgment of the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 2015 were in Government service upto midnight of 31st December, 2015 and acquired the status of pensioner only in the forenoon of 1st January, 2016. Applying the law laid down by the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 1956 acquired the status of pensioner only in the forenoon of 1st January, 2016. The recommendations of the 7th Pay Commission are likely to be implemented with effect from 1st January, 2016.

3. Pursuant to the implementation of the 7th Central Pay Commission’s recommendations, DoP&PW (respondent No.2) issued Annexure A- 2 OM dated 04.08.2016 revising the pension of pre- 2016 pensioners/family pensioners. The grievance of the applicant is that his retiral benefits have been fixed in terms of Annexure A-2 OM, treating him as a pre-2016 retiree whereas he should be treated as a retiree w.e.f. 1.1.2016 and thus the 7th Central Pay Commission’s benefits should accrue to him.

4. Respondent No.2 considered the representation dated 14.12.2015 of the applicant, which was duly forwarded by the DoPT vide aforementioned letter dated 29.02.2016 and vide impugned Annexure A-1 OM dated 03.01.2018 has declined the request of the applicant. The relevant portions of this OM are reproduced below:

4. In the case of Shri Yadav, he actually retired on 31.12.2015 and was not in service on 1.1.16. Judgment of Hon’ble Supreme Court in the case of Shri S. Benerjee has no relevance in his case. In fact Rule 5 (2) of CCS (Pension) Rules, has already been amended and as per the amended rule date of voluntary retirement is treated as the last working day. Therefore, those who retired voluntarily on 1.1.2016 would be eligible for pay and pension benefits of 7th CPC as a post 1.1.2016 retiree.

5. Since Shri Yadav retired on superannuation on 31.12.2015, he is to be treated as a pre -2016 pensioner and is accordingly entitled to the benefit in revision of pension under the OM No.38/37/46-P&PW(A)(ii), dated 4.8.16.”

5. Aggrieved by the impugned Annexure A-1 OM dated 03.01.2017, the applicant has filed the instant OA praying for the following relief:

B) That this Hon’ble Tribunal may be pleased to hold and declare that the impugned orders/action of the respondents is illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and quash and set aside the same and be pleased to further hold that since the Applicant superannuated with effect from the afternoon of 31.12.2015 and relinquished the charge of the post of Deputy Secretary in the afternoon of that date, he, as per law, is deemed to have effectively retired on or with effect from 1.1.2016 and therefore, cannot be treated as pre- 2016 pensioner and direct the respondents to grant the retiral benefits such as fixation of pension, DCRG, commutation of pension, leave encashment etc. accordingly and pay the arrears thereof with 12% interest within a specified time-frame.”

6. Pursuant to the notices issued, the respondents entered appearance and filed their reply in which they have broadly made the following important averments:

6.1 The applicant retired from Government service on 31.12.2015 and accordingly he has been treated as a pre-2016 pensioner and his pensionary benefits have been fixed in terms of the OM dated 4.8.2016 (Annexure A-2) of the DoP&PW.

6.2 As per the provisions of FR 56(a), a Government servant whose date of birth is first of a month shall retire from service in the afternoon of the last day of the preceding month on attaining the age of 60 years. Hence, the applicant, whose date of birth is 1.1.1956 is deemed to have been retired in the afternoon of 31.12.2015.

6.3 The judgment of Hon’ble Supreme Court in S. Banerjee v. Union of India [AIR 1990 SC 295], relied upon by the applicant in para 4 (d) of the OA, is not relevant in the instant case. It is stated that Shri S. Banerjee had retired voluntarily and his date of retirement was 1.1.1986 whereas in the instant case the applicant retired on attaining the age of superannuation in the afternoon of 31.12.2015 and as such was not in service on 1.1.2016.

7. The applicant has filed rejoinder to the reply, in which no substantial issue has been raised except saying that it is settled position of law by a catena of judgments of Hon’ble Tribunal, Hon’ble High Courts and Hon’ble Supreme Court that a person whose date of birth is 1st of a month is deemed to have retired from service from that date only.

8. On completion of the pleadings the case was taken up for hearing the arguments of the parties on 13.02.2018. Arguments of Shri L.R. Khatana, learned counsel for the applicant and that of Shri N.D. Kaushik, learned counsel for the respondents were heard. Shri Khatana, besides reiterating the averments made in the OA relied on the following judgments to buttress his argument that the applicant is deemed to have retired from service on 1.1.2016 since his date of birth is 1.1.1956:

i) Judgment of the Kerala High Court in Union of India v. George , [2004 (1) ATJ 150]; held:

” 16. We are unable to accept this contention. The two officials had actually continued in service till the midnight of December 31, 1995. It is only from January 1, 1996 that they had ceased to be in service and acquired the status of pensioners. Resultantly their claim to pension had to be determined at the rate prevalent on the date. This is precisely what the Tribunal has given them. The case is in no way different from that of Banerjee. In both cases, the pay had been paid till December 31″

ii) Judgment of Hon’ble Karnataka High Court in Union of India & others v. Col. Bhupinder Singh (Retd.) Major, [Writ Appeal No.3897 of 2005, dated 11.09.2009], held:

“The decision reported in 1989 Supp. 2 SCC 486 (S. Banerjee v. Union of India & Ors.) has been followed by the learned Single Judge while passing the impugned order. In that case the appellant had filed an application for voluntary retirement which was accepted from the forenoon of 1st January, 1986 and in that view of the matter, he was found to be entitled to the benefit of para 17.3 of the recommendation of the Pay Commission. This decision is not applicable to the case of the respondent in the instant case as per Army Rules, which is applicable to the respondent who retired on 31.12.1995. None of the decision cited by the respondent are applicable to the case on hand. On the other hand, the decision cited by the respondent are applicable to the case on hand. On the other hand, the decision cited by the learned counsel for the appellants are applicable on all the fours to the case on hand and the impugned order calls for interference.”

iii) Judgment of Hon’ble Andhra High Court in Union of India and Ors. V. P.S.R. Kumar Sinha and Anr. ̧ [2006 (2) ALT 354:2006 (3) ALD 57]; held

” 6:17.Supreme Court Ruling In S. Benerjee v. Union of India, a definite finding is on record by their Lordships of the Supreme Court of mdia that when the employee has retired on the last date of the month, his date of retirement has to be treated as 1st date of succeeding month.

6:18. It is a direct decision on the issue before us.

6:19. Full Bench Decision of A.P. High Court Principal Accountant General A.P. v. C. Subba Rao While answering Point No. 2 the Full Bench of this Court categorically held as follows:

A Government servant who would be retiring on the last day of the month would cease to be Government servant by mid- night of that day and he would acquire status of pensioner and therefore he would be entitled for all the benefits given to a pensioner with effect from first day of the succeeding month.”

iv) Order of this Tribunal in Satish Kumar v. Union of Inida & Ors., [OA No.792.2004, dated 25.11.2004], held:

“It is trite law that for want of any decision to the contrary of the High Court, under whose jurisdiction the Bench of the Tribunal is situated, a decision of the High Court of another State would be binding as a precedent on the Tribunal and having regard to the decision of the Apex Court in S. Banerjee vs. Union of India, AIR 1990 SC 295, relied upon by Kerala High Court, the case of the applicant, in all fours, is covered by the ratio decidendi of the decision of the High Court. Having regard to the fact that he is deemed to have retired on 1.4.2004 special dispensation as mentioned in para 3 of the OM ibid would apply to him.”

8.1 Shri Khatana concluded his arguments by submitting that the case of the applicant is squarely covered by the above judgments and hence the relief claimed may be granted.

9. Leaned counsel for the respondents by and large reiterated the averments made in the reply filed on behalf of the respondents.

10. I have considered the contentions of the learned counsel for the parties and have gone through the pleadings and documents annexed thereto. All the judgments of the Hon’ble High Courts as well as of the Tribunal relied upon by the applicant are primarily based on the judgment of the Hon’ble Apex Court in S. Banerjee (supra), wherein it has been held as under:-

“The question that arises for our consideration is whether the petitioner has retired on January 1, 1986. We have already extracted the order of this Court dated December 6, 1985 whereby the petitioner was permitted to retire voluntarily from the service of the Registry of the Supreme Court with effect from the forenoon of January 1, 1986. It is true that in view of the proviso to rule 5(2) of the Rules, the petitioner will not be entitled to any salary for the day on which he actually retired. But, in our opinion, that has no bearing on the question as to the date of retirement. Can it be said that the petitioner retired on December 31, 1985? The answer must be in the negative. Indeed, Mr. Anti Dev Singh, learned counsel appearing on behalf of the respondents, frankly conceded that the petitioner could not be said to have retired on December 31, 1985. It is also not the case of the respondents that the petitioner had retired from the service of this Court on December 31, 1985. Then it must be held that the petitioner had retired with effect from January 1, 1986 and that is also the order of this Court dated December 6, 1985. It may be that the petitioner had retired with effect from the forenoon of January 1, 1986 as per the said order of this Court, that is to say, as soon as January 1, 1986 had commenced the petitioner retired. But, nevertheless, it has to be said that the petitioner had retired on January 1, 1986 and not on December 31, 1985. In the circumstances, the petitioner comes within the purview of paragraph 17.3 of the recommendations of the Pay Commission.”

11. This judgment has attained finality and thus holds the field today. It is clearly held by the Hon’ble Apex Court in S. Banerjee (supra) that in case of all those Government servants whose date of birth is 1st of a month, they are supposed to have retired from that date only.

12. In the instant case, the applicant’s date of birth is admittedly 1.1.1956 and thus relying on the ratio of law laid down by the Hon’ble Apex Court in S. Banerjee (supra), he is deemed to have retired from service on 1.1.2016. Hence, he is entitled for getting all his pensionary benefits in accordance with the 7th Central Pay Commission’s recommendations. Accordingly, this OA is allowed. The impugned Annexure A-1 order is declared illegal and accordingly quashed and set aside. The respondents are directed to fix the retiral benefits of the applicant in accordance with the 7th Central Pay Commission’s recommendations which have been implemented vide O.M. No. 38/37/2016-P&PW(A)( i), (ii) & resolution dated 04.08.2016 in respect of pensioners retiring on or after 1.1.2016. This shall be done within a period of three months from the date of receipt of a certified copy of this order. No costs.

(K.N. Shrivastava)
Member (A)
‘San.’

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Review of extension of without voucher medical facility to Retired Employees

BHARAT SANCHAR NIGAM LIMITED
Admn. Section
Corporate Office
Bharat Sanchar Bhawan
New Delhi

No. BSNL/Admn.I/15-22/14

Dated: April 25, 2018

Office Memorandum

Sub: Review of extension of without voucher facility to Retired Employees.

Ref: 1. No. 7-8/2010/EF/Part/I dated 5.9.2011
2. OM No. BSNL/Admn.l/15-22/14 dated 11th April 2017.

Facility of extension of without voucher facility which was withdrawn vide EF Branch letter No. 7-8/2010/EF/Part/l dated 5.9.2011 was revived vide this office OM of even no. dated 11th April 2017 to retired employees and it was decided that the decision will be reviewed after six months.

The issue was reviewed, there has been an increase in expenditure on this account. Whether to continue the scheme for the year 2018-19 and if it is continued the quantum of allowance to be paid is under active consideration. It is learnt that the last two quarterly instalments payable to the optees (retired employees) for the year 2017-18 have not been released. To avoid inconvenience to retired employees, it is therefore requested that two instalments due may be released. Decision on continuation of the scheme and other related issues will be conveyed immediately after its approval.

This issues with the approval of the Competent Authority.

(Brahm Parkash)
Assistant General Manager (Admn.IV)

Source: http://www.intranet.bsnl.co.in

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