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CENTRAL GOVT EMPLOYEES AGAIN BETRAYED BY NDA GOVERNMENT.
DATE OF EFFECT FROM 01-01-2016 AND RESTORATION OF RATE OF HRA DENIED
HOLD NATIONWIDE PROTEST DEMONSTRATIONS IN FRONT OF ALL OFFICES
NDA Government has once again betrayed the entire Central Govt Employees. The demand of the employees to restore HRA to 30, 20 & 10% is denied. Date of effect for allowances is fixed as 01-07-2017 denying 18 months arrears.
 
The BJP lead NDA Government deliberately delayed the legitimate right of the employees. The assurance given by Cabinet Ministers regarding increase in Minimum Pay and Fitment Formula  is also not honoured till date. NDA Government is the worst Government as far as employees and workers are concerned.
 
Confederation National Secretariat calls upon entire Central Govt Employees to hold demonstrations in front of all Central Govt Offices protesting against the anti-employees, anti-workers stand of the NDA Government.

Government finally issues the orders after rejection of review petition also by Supreme Court on Restoration of full pension of absorbee pensioners in PSU and Autonomous Bodies.

Restoration of full pension of absorbee pensioners in PSU and Autonomous Bodies

.No.4/34/2002-P&PW(D).Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

 

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated : 23rd June, 2017

Office Memorandum

Subject: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

The undersigned is directed to say that in accordance with the instructions which existed before 31.03.1995, a Government servant, on absorption in a Public Sector Undertaking or an Autonomous Body, had the option to draw pro-rata gratuity and a lump sum amount in lieu of pension. The option regarding payment of lump sum amount in lieu of monthly pension on absorption in a PSU or autonomous body was available in terms of the instructions issued vide Department of Expenditure’s O.M. No.26(18)-E.V(B)/75 dated 08.04.1976, Department of Personnel & Training’s O.M. No.28016/5/85-Estt.(C) dated 31.01.1986 and Department of Pension & Pensioners’ Welfare’ O.M. No.4(12)/85-P&PW dated 31.03.1987. This option was also available to Government employees on absorption in PSUs/autonomous bodies of the State Governments and Joint Sector undertakings in terms of this Department’s O.M. No.4/43/88-P&PW(D) dated 16.10.1989. The terms and conditions for absorption of Government employees consequent on conversion of a Government Department into a PSU or autonomous body issued vide this Department’s O.M. No.4/18/87-P&PW(D) dated 5.7.1989 also provided for a similar option of lump sum payment in lieu of monthly pension.

2. In accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972, incorporated vide Department of Expenditure’s Notification No.44(1)-E.V./71 dated 09.04.1973, on exercise of the above option, an employee was entitled to a lump sum amount not exceeding the commuted value of one-third of the pension and terminal benefit equal to twice the aforesaid lump-sum amount, subject to the condition that the Government servant surrendered his right of drawing two-thirds of his pension.

3. The option to draw a lump sum amount in lieu of pension was withdrawn vide this Department’s O.M. No. 4/42/91-P&PW(D) dated 31st March, 1995. Accordingly, the erstwhile Rule 37-A was omitted from the CCS(Pension) Rules, 1972 vide Notification No. 4/42/91-P&PW(D) dated 25.06.1997.

4. In implementation of the Order dated 15.12.1995 of Hon’ble Supreme Court in WP(C) No. 11855/85, instructions were issued vide this Department’s O.M. No. 4/3/86-P&PW(D) dated 30.09.1996 for restoration of one-third commuted portion of pension of Government servants who had drawn lump sum payment on absorption in a PSU/autonomous body. Further instructions were issued, from time to time, for computation and revision of the one-third restored pension of such absorbee pensioners and for payment of the attendant benefits like dearness relief, etc. to such absorbee pensioners. Orders for revision of the one-third restored pension w.e.f. 01.01.2006 of such absorbee pensioners were issued vide this Department’s O.M. No4/38/2008- P&PW(D) dated 15/09/2008, O.M. No.4/30/2010-P&PW(D) dated 11/07/2013. and O.M. No.4/38/2008-P&PW(D) dated 04/08/2016. These absorbee pensioners were, however, entitled to dearness relief and age-related additional pension based on the notional full pension.

5. Hon’ble High Court of Judicature of Madras, in its judgement dated 02-08­2007 in Writ Petition No.22207/2002 filed by one Sh. K. Ganesan, an officer in the office of Controller General of Accounts, held that surrendering of the right for drawal of 2/3rd of Pension after its commutation, as provided under Rule 37-A (b), was repugnant to Section 12 of the Pensions Act, 1871 and that the petitioner was lawfully entitled for the restoration of his pension after the expiry of the period of commutation of 2/3rd Hon’ble High Court, accordingly, directed restoration of 2/3rd pension and payment of arrears accordingly.

6. An SLP(Civil) No.4054/2008 (converted into Civil Appeal No. 6048/2010) was filed by the Union of India challenging the aforesaid order dated 02-08-2007 of Hon’ble High Court of Judicature of Madras. In its order dated 1.9.2016, Hon’ble Supreme Court found no justification to interfere with the order dated 02.08.2007 of Hon’ble High Court directing restoration of 2/3rd pension in respect of the respondent (Shri K. Ganesan), after the expiry of the requisite period of commutation. The Civil Appeal No. 6048/2010 was accordingly dismissed by Hon’ble Supreme Court. In the said judgement dated 1.9.2016, similar direction was passed by Hon’ble Supreme Court in the Civil Appeal No. 6371/2010 for restoration of 2/3rd pension in respect of the petitioners, Shri K.L. Dhall, an absorbed employee of Ministry of Civil Aviation and member pensioners of Welfare Association of Central Government Officers, CAD Absorbed in PSU.

7. Review Petitions No. 465/2017 and No. 472/2017 were filed by Union of India in the Supreme Court against the aforesaid order dated 1.9.2016. Instructions were separately issued to the office of Controller General of Accounts and the Ministry of Civil Aviation vide OM No.4/34/2002-P&PW(D).Vol.II dated 21-12­2016 and OM No. 4/34/2002-P&PW(D).Vol.II dated 21-12-2016 respectively, for implementation of the orders of Hon’ble Supreme Court in respect of the petitioner/respondent pensioners in the aforesaid Civil Appeals, subject to the final outcome of the Review Petitions. The aforesaid Review Petitions No. 465/2017 and 472/2017 have been dismissed by Hon’ble Supreme Court on 22.03.2017.

8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02-08-2007 of the Hon’ble Madras High Court and the Order dated 01-09-2016 of the Hon’ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump-sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of commutation period of 15 years from the date of payment of 100% lump-sum amount.

9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission.

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

11. Ministry of Agriculture etc. are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay & Accounts Officers and Attached & subordinate Offices under them on a top priority basis and for taking necessary action for implementation of the above instructions. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

12. This issues with the approval of Ministry of Finance (Department of Expenditure) vide their ID Note No.1(11)/EV/2017 dated 26-05-2017 and dated 13-6­-2017.

13. Hindi version will follow.

sd/-
(Harjit Singh)
Director

FIXED MONTHLY MEDICAL ALLOWANCE INCREASED TO Rs.1000

The Cabinet has decided to increase the Fixed Medical Allowance from Rs. 500 to Rs. 1,000 per month to the central government pensioners. The demand of AIBDPA. NCCPA and Confederation was Rs. 2,000. The decision is given below:

“10. Recommendations in respect of some important allowances paid to Pensioners

Rate of Fixed Medical Allowance (FMA) for Pensioners has been increased from ₹500 per month to ₹1000 per month. This will benefit more than 5 lakh central government pensioners not availing CGHS facilities.

 

GENERAL SECREATRY RETURNED TO ALAPPUZHA.

Com. K.G.Jayaraj, General Secretary has returned to Alappuzha on 28-06-2017. Com.K.P.Sharma, Organising Secretary, who joined CHQ on 25-06-2017, will be available at New Delhi up to 04-07-2017. He can be contacted at his mobile No.09414311384. Since there are numerous complaints of non-receipt of Tele Pensioner, Com.K.P.Sharma will be personally supervising dispatch of the Tele Pensioner, April- March, 2017 issue.

SPECIAL GENERAL BODY MEETING OF JALPAIGURI DISTRICT.

In the last conference of Jalpaiguri district held on 24.9.2016 ,election of office bearers could not be held due to unavoidable circumstances. To complete the agenda of the conference , a special General Body meeting was convened on 23-06-2017. CHQ Vice President and Circle President, Com. Susanta Ghosh inaugurated the GB. Other speakers were Asst CS Com RK Yadav, veteran leader Com Bipul Chakraborty and 8 comrades from among the members present in the GB. Pijush Chakraborty CS . 
delivered the valedictory speech with summing up.
Com Sunil Dev controlled the proceedings.
Com Manik Mukherjee, Nilkantha Roy and Kalipada Banik were elected as the President, Secretary and Treasurer

MEETING WITH CCA, DELHI REGION ON UNDUE DELAY OF 78.2% IDA FIXATION CASES.

As per the status report provided by DDG (Accts), DoT as on 13-06-2017, Delhi is one of the circles were 78.2% cases are pending the most. Out of the total 4500 cases, only 2245 cases were sent by the BSNL circles of Delhi Region to the CCA, Delhi. But among this 2245, 1058 cases were pending as per the status report. There fore Com.K.G.Jayaraj, General Secretary and Com.K.P.Sharma, Organising Secretary went to CCA office, Prasad Nagar, New Delhi on 27-06-2017 to give the detailed letter in this regard and discuss the issue in person with the Principal CCA. Unfortunately both the PCCA and CCA were not available and the delegation discussed the issue with Shri. B.R.Sreenivasav, Dy CCA. He has stated that there has been great improvement after 13-06-2017; Revised PPOs have already been dispatched to1965 pensioners and 71 cases are ready to be sent. Another 50 cases will be sent shortly.

However, in respect of BSNL circles , there has been not much progress in sending the balance 2255 cases to the CCA. Pointing out this issue detailed letters were given to both CGMTs of NTR and NTP and no discussion was possible due non availability of the CGMs.