ALL THE AIBDPA UNITS ARE REQUESTED TO OBSERVE PENSIONERS DAY ON 17-12-2016  WITH OTHER PENSIONERS ORGANISATIONS JOINTLY, WHERE EVER POSSIBLE, HIGHLIGHTING THE IMPORTANCE OF THE JUDGMENT.

The excerpts of the historical judgment in D.S.Nakara’s case is given under

1982 / D. S. Nakara And Others Vs Union Of India

D. S. Nakara And Others Vs Union Of India

CASE NUMBER Writ Petitions Nos. 5939-5941 of 1980 EQUIVALENT CITATION 1982-(002)-SCALE-1213-SC 1983-LIC-0001-SC 1983-UJ-0217-SC 1983-(001)-LLJ-0104-SC 1983-(001)-LLN-0289-SC 1983-(001)-SCC-0305-SC 1983-(001)-SLJ-0131-SC 1983-(002)-SCR-0165-SC 1983-(002)-SLR-0246-SC 1983-(047)-FLR-0042-SC 1983-AIR-0130-

SC CORAM- Baharul Islam D A Desai O Chinnappa Reddy V D Tulzapurkar Y V Chandrachud

DATE OF JUDGMENT 17.12.1982

JUDGMENT DESAI, J.-

31. From the discussion three things emerge (i) that pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it creates a vested right subject to 1972 rules which are statutory in character because they are enacted in exercise of powers conferred by the proviso to Art. 309 and clause (5) of Art. 148 of the constitution; (ii) that the pension is not an ex gratia payment but it is a payment for the past service rendered; and (iii) it is a social welfare measure rendering socio-economic justice to those who in the hey-day of their life ceaselessly toiled for the employer on as assurance that in their old age they would not be left in lurch. It must also be noticed that the quantum of pension is a certain percentage correlated to the averages emoluments drawn during last three years of service reduced to ten months under liberalised pensions scheme. Its payment is dependent upon an additional condition of impeccable behaviours seven subsequent to retirement, that is since the cessation of the contract of service and that it can be reduced or withdrawn as a disciplinary measure.

65. That is the end of the journey, with the expanding horizons of socio-economic justice, the Socialist Republic and Welfare State which we endeavour to set upon and largely influenced by the fact that the old men who retired when emoluments were comparatively low and are exposed to vagaries of continuously rising prices, the falling value of the rupee consequent upon inflationary inputs, we are satisfied that by introducing an arbitrary eligibility criteria : ‘being in service and retiring subsequent to the specified date’ for being eligible for the liberalised pension scheme and thereby dividing a homogeneous class, the classification being not based on any discernible rational principle and having been found wholly unrelated to the objects sought to be achieved by grant of liberalised pension and the eligibility criteria devised being thoroughly arbitrary, we are of the view that the eligibility for liberalised pension scheme of ‘being in service in the specified date and retiring subsequent to that date’ in impugned memoranda, Exhibits P-1 and P-2, violates Art. 14 and in unconstitutional and is struck down. Both the memoranda shall be enforced and implemented as read shown as under : In other words, in Exhibit P-1, the word : LAWNET INDIA CD Page 28 “that in respect of the Government servants who are in service of the 31st March, 1979 and retiring from service on or after that date”. and in Ex. P-2, the words : “the new rates of pension are effective from 1st April, 1979 and will be applicable to all service officers who became/become non-effective on or after that date.” are unconstitutional and are struck down with this specification that the date mentioned therein will be relevant as being one from which the liberalised pension scheme becomes operative to all pensioners governed by 1972 Rules irrespective of the date of retirement. Omitting the unconstitutional part it is declared that all pensioners governed by the 1972 Rules and Army Pension Regulations shall be entitled to pension as computed under the liberalised pension scheme from the specified date, irrespective of the date of retirement.

Revision of Income Limit for Dependency for CGHS Coverage to family Members

No. S-11012/2/2016-CGHS-P
Government of India
Ministry of Health and Family Welfare
(CGHS-P Section)

Nirman Bhawan, New Delhi
Dated the 8th November, 2016

OFFICE MEMORANDUM

Sub: Revision of Income limit for dependency for the purpose of providing Central Government Health Scheme (CGHS) coverage to family members of the CGHS covered employees subsequent to implementation of recommendation of the seventh Central pay commission-regarding

The undersigned is directed to say that subsequent to the implementation of the recommendations of the 6th CPC, the income limit for dependency for the purpose of extending CGHS coverage to “family” members of the CGHS covered Central Government employees was enhanced to Rs. 3500/-per month plus the amount of dearness relief on the basic pension of Rs. 3500/- as on the date of consideration.

2. With the implementation of the recommendations of the 7th Central pay commission, the issue of revision of income limit for dependency for the purpose of providing CGHS coverage to family members of the CGHS covered Central Government employees and pensioner CGHS beneficiaries was under consideration keeping In view the amount of minimum pension/family pension fixed by the 7th Central pay commission.

3. On the basis of the recommendations of the 7th CPC, the Department of Pension and Pensioners’ Welfare under Para 5.2 of their OM No. 38/37/2016-P&PW (A)(i) dated 4/8/2016 , has fixed the amount of minimum pension a~ Rs. 9,000/- per month and under para 7.1 of this OM the amount of family pension has been fixed as 30% of the basic pay In revised pay structure and shall be subject to a minimum of Rs. 9,000/- per month and maximum of 30% of the highest pay in the Government. Vide Para 7.3 of the aforesaid O.M, It has been mentioned that there will be no other change in the provisions regulating family pension.

4. It has been decided, In consultation with the Department of Expenditure, to revise the income limit for the purpose of providing CGHS coverage to the family members of the CGHS covered Central Government employees to Rs. 9,000/- plus the amount of dearness relief on basic pension of Rs. 9,000/- as on the date of consideration.

5. As such, all the orders related to the CGHS Rules stand amended to the extent that the Income limit for Rs. 3500/- per month from all sources including pension/and family pension stands amended to an Income of Rs. 9000/- plus amount of the dearness relief on the basic pension of Rs. 9000/- as on the date of consideration. The amount of dearness relief, as indicated in the Income limit stands for the amount of dearness relief drawn by a pensioner/family pensioner on the date of consideration and not the amount of dearness relief due on the date of consideration.

6. The Income limit for dependency of “Rs.9000/- plus amount of the dearness relief on the basic pension of Rs. 9000/- as on the date of consideration”, shall also be applicable for the cases covered under CS(MA) Rules, 1944 for the purpose of examining eligibility of family members of the Central Government employee for medical facilities under the Rules.

7. The order shall be effective from the date of Issue of Instructions of this O.M.

8. This issues with the concurrence of Department of Expenditure vide their I.D. No.204/E-V/2016 dated 19/10/2016.

(Sunil Kumar Gupta)
Under Secretary to the Govt. of India

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
QUESTION NO 1506
ANSWERED ON 29.11.201

Revision of NPS employees to Old Pension Scheme

1506 Shri Neeraj Shekhar

Will the Minister of FINANCE be pleased to state :-

(a) whether Central Administrative Tribunal, Ernakulam bench has ordered the Central Government to revert the employees who had joined after 1st January, 2004 under NPS to Old Pension Scheme and has observed that date of vacancy should be the basis for inclusion under NPS or Old Pension Scheme instead of date of joining, if so, details thereof;

(b) whether Government has reverted them to Old Pension Scheme, if so, details thereof, if not, reasons therefor; and

(c) whether Government would issue notification for all Central/State Governments and Autonomous Organizations employees in this regard, as per the above orders, if not reasons therefor?

ANSWER

The Minister of State in the Ministry of Finance

(a) The Hon’ble Central Administrative Tribunal (CAT) in its judgment has declared that the applicants of Original Application No. 20/2015 are deemed to have been appointed from the date of vacancy arose and they shall be included in the CCS (Pension) Rules, 1972.

(b) No Sir. It has been decided to file a petition before the Hon’ble High Court of Kerala against the orders of Hon’ble CAT in Original Application No. 20/2015.

A well attended meeting of BSNL and DoT pensioners held at Vishwakarma Dharmasala, Timber Market, Ambala Cantt on 13-11-2016 under the presidentship of Com.Bidhi Chand Dhiman decided to form the district branch of AIBDPA. Com.Ram Kumar Kalsi addressed the meeting and convinced the necessity to form the branch to safe guard the interests of the pensioners. Some other comrades also participated in the deliberations.

There after a 15 member district branch office bearers were elected unanimously with the following important functionaries.

Com.Bidhi Chand Dhiman (President) Com. Ram Kumar Kalsi (District Secretary) and Com.Rajinder Kumar Sharma (Treasurer)

The monthly meeting of Kozhikode District branch held on 07-12-2016 paid rich tributes to the legendary revolutionary and former President of Cuba, Fidel Castro. Com. C.K.Sivadasan delivered the memorial address. The meeting also condoled the death of Tamil Nadu Chief Minister, Ms.J.Jayalalitha and renowned musician M.Balamuralikrishna.

Com.M.P.Velayudhan, District President presided. Com.P.V.Chandrasekharan spoke on organisational issues.

Bharat Ratna Dr. B.R.Ambedkar, the Architect of the Indian Constitution and the saviour of the dalits and the downtrodden, passed away sixty years back on 6th December 1956. The life and activities of Dr. Ambedkar was a continuous struggle for the downtrodden. Highly educated ( M.A., Ph.D, M.Sc(Eco.), Barrister-at-Law,D.Sc.,D.Litt., LLD ), he utilised his ability for getting a respectable position for  the marginalised section. His deep knowledge and insight helped in framing the Constitution. His various writings on Caste, Communalism etc. are widely read and are an authority itself.

On his 61st Death Anniversary , we pay our respectful Homage to Dr. B.R.Ambedkar!

The Asia Pacific Regional Conference of the Trade Union International (Pensioners and Retirees) held at Kathmandu on 3rd December 2016 has adopted a detailed Declaration on the demands of the Retirees and Pensioners and also action plan for organizing the pensioners in the region.

The Conference was held in the spacious Convention Hall of the Nepal Agricultural Development Bank, Kathmandu, capital of Nepal. The natural beautiful surroundings, the pleasant climate and the very convenient accommodation in the same complex made the stay of the delegates very comfortable. The Mt. Everest, the highest peak in the world, towering in the background covered in white pack of ice was a majestic sight.

About a total of about 200 Delegates from India, China, Bangladesh and Nepal participated.  From India Comrades K.K.N.Kutty (NCCPA), K.Raghavendran (AIPRPA) participated  in addition to Com.V.A.N.Namboodiri, Member Technical Committee of TUI (P and R), and representing AIBDPA.  Delegates from SAIL retirees and AITUC also participated.

Open Session

The Open Session was held in the morning of 3rd December 2016 presided over by Com. V.N.Nirala, President, REAN (Retired Employees Association of Nepal) which took initiative to hold the Conference. A minute silence was observed paying homage to Com. Fidel Castro, the former President of Socialist Cuba and the great Revolutionary leader, who passed away recently and martyrs who sacrificed their lives for the liberation of the toiling masses. Com. Ram Sharan Wagle, General Secretary, REAN, welcomed all and honored the guests and leaders on the dais by putting shawls and presenting gifts.

The National Anthem of Nepal, International Song and WFTU Song were sung before start of the Conference. Com.Bamdev Gautam, Former Dy. Prime Minister of Nepal and Sr. Vice – President of Communist Party of Nepal – UML inaugurated the Conference by lighting the ornamental lamp. In his inaugural address, Com. Gautam spoke of the great traditions of Nepal, about Lumbini, the birth place of Lord Budha, about the many hills, plains, lakes, rivers etc. in the country. Nepal has never been colonized in its four thousand years of history, upon which many kings ruled over. A Hindu kingdom, Nepal has converted in to a Federal Republic country in 2006 overthrowing the long rule of kings. It is now declared as a Independent, Sovereign, Federal, Secular Republic with socialism oriented state. The new constitution seeks eradication of exploitation, guarantee of social security etc. He stated that CPN-UML played a great role in this process. He also said,  that however, it will take a long time to reach the goals.

The neo-liberalisation has made rich people richer and the poor, poorer. Poverty and unemployment is growing. Socialism is the final remedy to these ills. He supported the demands of retirees and pensioners and told that they are the wealth of a nation. He wished the Conference all success.

Many leaders of the TUI(P and R), CPN-UML, REAN and leaders of the delegations were present in the dias. The Conference was addressed by Comrades Dimos Koumpouris, President, TUI (P and R), Mohan Bahadur, Vice-President, TUI (P and R), Mohanman Swnar, Finance Committee Member, WFTU, Premal Kumar Khanal, WFTU, Zheng Haixim ACFTU, China and  V.A.N.Namboodiri, AIBDPA (Tech. Committee, TUI (P and R) and Swapan Kumar (SAIL) and Nizamuddin Patway (Bangladesh) addressed. A Souvenir with valuable articles was released in the Conference.

Delegates Session

The Delegates Session started about 14.00 hours. Com. Dimos Koumpouris, President TUI, presided. Many delegates addressed the session including Coms. K.K.N.Kutty, K.Raghavendran and V.A.N.Namboodiri from India.

The Regional Conference was the first meeting of the TUI(P and R) in the region and it is hoped that the organization will benefit and improve with the inspiration and enthusiasm of the Conference.

Our thanks to Retired Employees Association of Nepal and Com. Mohan Bahdur, Vice-President, TUI(P&R), who organized the successful Conference.

(Report from Com.V.A.N.Namboodiri)