Regulation of pension and other retirement benefits of Government servants who were on leave,unauthorised absence,suspension as on 1.1.2016

Regulation of pension and other retirement benefits of Government servants who were on leave,unauthorised absence,suspension as on 1.1.2016

Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave/unauthorised absence/ suspension as on 1.1.2016 and retired/died thereafter without joining duty

No. 38/37/ 16-P&PW(A)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

Lok Nayak Bhawan, Khan Market,
New Delhi – 110003,
Dated 22.06.2020

OFFICE MEMORANDUM

Sub: Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave/unauthorised absence/ suspension as on 1.1.2016 and retired/died thereafter without joining duty.

The undersigned is directed to say that in accordance with Rule 33 of the CCS (Pension) Rules, for calculation of pension, the expression ’emoluments’ means basic pay as defined in Rule 9(21) (a) (i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death. In accordance with Note 3 under this rule, if a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purpose of this rule.

Doubts have been raised in regard to the manner in which the pension and other retirement benefits of Government servants, who were on extraordinary leave/unauthorized absence/suspension as on 1.1.2016 and retired/died thereafter without joining duty, would be regulated. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure) and the following clarifications are issued:

Category of Government servant Manner in which pension and other pensionery benefits are to be regulated
Government servant,
who was
on extraordinary leave/ unauthorized absence
the period whereof does not count as qualifying service – as on 1.1.2016 and retired/died thereafter without joining duty		 In accordance with Rule 33 of CCS(Pension) Rules, 1972, the basic pay which he drew immediately before proceedings on such leave shall be the emoluments for the purpose of pension. The pension/family pension thus calculated will be revised in the accordance with the instructions contained in the Department’s O.M. No. 38/37/ 16-P&PW(A) dated 12.05.2017 read with O.M. No. 38/37/16-P&PW(A)(ii) dated 04.08.2016 and will be paid to the pensioner/family pensioner from the date it becomes due.For the purpose of gratuity, the emoluments shall also include Dearness Allowance ( as per 6th CPC) admissible on the date of retirement/death of the Government servant. The Pension/family pension/commutation of pension and gratuity will be regulated in accordance with the rules/instructions applicable before 1.1.2016
Government servant,
who was on extraordinary leave – the period whereof counts as qualifying service – as on 1.1.2016 and retired/ died thereafter without joining duty.		 The pay of such a Government servant will be notionally revised w.e.f. 1.1.2016 and this notionally revised basic pay will be reckoned as emoluments for the purpose of pension. For the purpose of gratuity, the emoluments shall also include Dearness Allowance ( as per 7th CPC) admissible on the date of retirement/ death of the Government Servant. His pension/family pension, commutation of pension and gratuity will be regulated in accordance with the instructions contained in this Department’s O.M. No. 38/37/16-P&PW(A) dated 12.05.2017 read with O.M. No 38/37/16-P&PW(A)(i) dated 04.08.2016 and will be paid to the pensioner/family pensioner from the date it becomes due.
Government servant, who was under suspension as on 1.1.2016 and retired thereafter without joining duty Such a Government servant, on retirement, is entitled to B2only provisional pension. The emoluments which he drew immediately before suspension shall be the emoluments for the purpose of provisional pension. This provisional pension will be revised in accordance with Department’s O.M. No. 38/49/ 16-P&PW(A) dated 12.02.2018. The provisional pension will be reviewed/regularized on conclusion of the departmental/judicial proceedings and issue of final orders thereon.

These orders issue with the concurrence of Ministry of Finance (Department of Expenditure) vide their U.O. No. 1(23)/ EV/2019 dated 05.02.2020.

In their application to the employees of Indian Audit and Accounts Department, the orders are issued under Article 148(5), of the Constitution With the concurrence of the Comptroller and Auditor General of India.

CoverRules,age under Central Civil Services (Pension)  1972, in place of National Pension System in terms of DoPPW OM dated 17.02.2020 – clarifications- regarding

Coverage under CCS Pension Rules 1972, in place of NPS in terms of DoPPW OM dated 17.02.2020 Clarification

 

No. 57/04/2019-P&PW(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

Lok Nayak Bhawan, Khan Market,
New Delhi, the 25th June, 2020

OFFICE MEMORANDUM

Subject: Coverage under Central Civil Services (Pension) Rules, 1972, in place of National Pension System in terms of DoPPW OM dated 17.02.2020 –
clarifications- regarding.

The undersigned is directed to say that instructions have been issued vide this Department’s O.M. of even number dated 17th February, 2020, that in all cases where the results for recruitment were declared before 01.01.2004, against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the Central Civil Services (Pension) Rules, 1972.

Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003, against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972.

References have been received in this Department seeking clarifications in
regard to the implementation of the aforesaid instructions in certain circumstances. The issues raised by the various Departments have been examined in this Department and the position is clarified as under:

All Ministries / Departments are requested to bring the contents of these
clarifications to the notice of Controller of Accounts/Pay and Accounts Officers, Attached office and Subordinate Offices under them.

BSNLEU DHARNA SUPPORTED BY AIBDPA HELD SUCCESSFULLY ON 26-06-2020.

The Dharna , called by BSNLEU  demanding immediate implementation of revival package declared by the government in October, 2019, particularly rolling out of 4G service,  timely payment of salary to BSNL Employees, payment of wage arrears to the contract workers etc was held successfully on 26-06-2020 al over the country by observing Covid-19 protocol.

AIBDPA had extended solidarity and given call to support the Dharna according to local conditions, as elders being the most vulnerable section to the pandemic. Accordingly, in many places AIBDPA comrades also participated in the Dharna and CHQ congrtulates all the comrades for the support extended to the Dharna.

DOT RELEASES Rs.3,021 CRORE FOR EXGRATIA PAYMENT TO VRS RETIREES.

AIBDPA has been continuously pursuing the issues of VRS retirees, particularly delay in exgratia payment and issuning PPOs. We wrote a letter to Secretary, Department of Telecommunications on 08-06-2020 in which our concern on breach of assurance on payment of exgratia payment was highlighted. The DoT released the fund initially for 31.3% of exgratia payment instead of 50%, as assured. We had in our letter demanded payment of balance of exgratia before 30-06-2020.

But again the government through DoT has released only Rs.3,021 cr which amounts to 22.5% only of the exgratia. That means, 46.2% still to be paid and no assurance on when this wil be paid. This is nothing but betrayal and we strongly protest against this gross injustice meted out to the VRS retirees.

AIBDPA writes to CMD BSNL on Revalidation of Medical Card – extension of date and other issues.

AIBDPA/BSNL RS/2020                                                                                                     23rd June,2020

To,

Shri P.K. Purwar

CMD BSNL,

Bharat Sanchar Bhawan

Janpath, New Delhi – 110 001

Sir,

Sub: –     Revalidation of Medical card – extension of date and other issues – reg.

Ref: –  (1) BSNL CO letter No.BSNL/Admin/2020/Medical dated 04-05-2020

           (2) This Association letter No. AIBDPA/ BSNL MRS dated 13-06-2020

           (3) BSNL CO Letter No BSNL/Admn-1/15/12/ dated 19-06-2020

First of all, we express our sincere gratitude to your goodself for issuing the clarification order mentioned (2) above in response to our letter dated 13-06-2020. This has addressed most of the issues. However, it is really heart breaking that the most burning issue of the Pensioners, Non-payment of medical bills both indoor and outdoor, one-time payment paid to CGHS and the medical allowance, continues to be neglected. A humanely approach is overdue on this vital issue and request you to kindly cause necessary action to allot sufficient funds for the same.

BSNL CO vide letter dated 04-05-2020 (referred 1 above) have extended the date of revalidation of Medical card upto 30-06-2020 or till further orders. But it has created some confusion at the lower level as some of the Circles insisting BSNL retirees to submit it before 30-06-2020 and some other Circles like Kerala and Chennai Telephones extending the date upto 30-09-2020 and 31-08-2020, respectively. Hence, we request your kind intervention so that a Pan India extension order upto 30-09-2020 is issued by the Corporate Office at the earliest as in the case of Option for outdoor medical facilities. This will have the advantage of fulfilling both by one go by the pensioners.

We also wish to bring to your kind notice the following genuine issues for your kind consideration and early favourable action.

Discrimination against Family Pensioners.

As per the existing rules, family pensioners are not eligible to submit option for outdoor medical facilities. The option submitted by his/ her spouse is absolute and final. This is a gross injustice and discrimination meted out to the family pensioners. So, a review is very much required in the changed situation.

In cases where both husband and wife are BSNL retirees, only one is eligible for medical allowance. This rule also is discriminatory as in some cases the couple are separated and in some other cases staying in different places. Therefore, a review on the issue is necessary so that both the couple are granted the medical allowance.

Awaiting your early positive response and

Thanking you,

 Yours sincerely,

K G Jayaraj

General Secretary.

Copy to:  (1) Shri Aravind Vadnerkar, Director ( HR), BSNL.

                 (2) Shri Gupta, Director (Finance), BSNL.

                 (3) Shri Ashutosh Gupta, GM(Admin), BSNL CO.

<<view letter>>

CHQ writes to Secretary, DoT, on PPOs for VRS retired, mentioning pension sanctioned as per BSNL VRS 2019 rules instead of CCS (Pension) Rules 1972.

AIBDPA/ DOT-VRS/2020                                                                                               20th June,2020

To,

Shri Anshu Prakash

Secretary,

Department of Telecommunications

Sanchar Bhawan

New Delhi-110001

Sir, 

Sub: –    PPOs for VRS retired, mentioning pension sanctioned as per BSNL VRS 2019 rules instead of CCS (Pension) Rules 1972— reg.

As per the para 6.2 o the Annexure-1 of the BSNL VRS Order issued on 4.11.2019, the VRS opted employee is entitled to terminal benefits and other benefits as per the existing rules. The existing rules for the BSNL absorbed pensioners are the CCS (Pension) Rules 1972.

But in the case of VRS optees, pension commutation and  DCRG is delayed unlike in  retirement on superannuation . This postponement was done by the decision of  the Cabinet by an executive order.  The CCS (Pension) Rules 1972 are statutory, since they are made under proviso of article 309 and 148 of the Constitution of India. It is a settled law that executive fiat cannot override the statutory provisions as clearly stipulated in the Order dated 28th July 2004 issued by the Hon’ble Allahabad High Court in Vijay Singh And Ors. vs State of Uttar Pradesh And Ors.  Despite this position it is stated in the PPO of the VRS retirees that their pension will be fixed as per VRS rules. This is not correct.

Hence it is necessary that suitable changes have to be made in the CCS(Pension) Rules 1972 as per the powers conferred by article 309 and 148 of the Constitution of India, so that no problem in the matter shall arise in future for the BSNL VRS retirees.

An early action in the matter is requested.

Thanking you, 

Yours sincerely,

K G Jayaraj

General Secretary.

Copy to : (1) Shri P.K.Sinha, Member (Finance), DoT, Sanchar Bhawan, New Delhi- 110 001

                 (2) Shri P.K.Purwar, CMD BSNL, Bharat Sanchar Bhawan, New Delhi – 110 001

 <<view letter>>

BSNLEU CALL FOR DHARNA ON 26-06-2020- AIBDPA EXTENDS SOLIDARITY AND SUPPORT.

BSNLEU has given a call to hold Dharna on 26-06-2020.  The important demands put forward are;

Immediate implmentation of BSNL Revival Package declared by the government .Though VRS was implemented in a time bound maner, no  sincere effors are seen in launching 4G, issuing sovreign bonds and monetisation of BSNL assets.

Timely payment of salary to BSNL employees

Payment of wage arrears to BSNL Contract workers

Resumption of negotiation for pay revision of BSNL Employees

Withdraw the order reducing the ceiling of outdoor treatment from 23 days pay to 15 days pay.

.AIBDPA extends solidarity and calls upon all its units to support the Dharna according to local condition in the wake of alarming spread of Covid-19 and the elders being most vulnerable.