Tuesday, July 2, 2013

Improvement of amount of Ex-gratia payable to pre-1986 CPF retirees and dependent family members of the deceased pre-1986 CPF employees — reg.

Improvement of amount of Ex-gratia payable to pre-1986 CPF retirees and dependent family members of the deceased pre-1986 CPF employees — reg.

No.1/10/2012-P&PW (E)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners' Welfare)

3"1 Floor, Lok Nayak Bhavan,
Khan Market, New Delhi 03
Dated: 27th/28th June, 2013

OFFICE MEMORANDUM

Sub: Enhancement of amount of Ex-gratia payable to pre-1986 CPF retirees and dependent family members of the deceased pre-1986 CPF employees — regarding.

The undersigned is directed to refer to this Department's OM No.45/52/97- P&PW(E), dated 16th December, 1997 sanctioning monthly payment of an amount of Rs.600/- as ex-gratia, to CPF beneficiaries who had retired from service prior to 1.1.1986. This amount was payable w.e.f. 01.11.1997. Similarly, monthly ex-gratia being paid to the widows and dependent children of the deceased CPF beneficiaries who had retired from service prior to 1.1.1986 and the widows and dependent children of the CPF beneficiaries who died while in service prior to 1.1.1986 had been revised from Rs.150/- to Rs.605.

2. Reference is also invited to this Department's O.M. No.42/2/2004-P&PW (G), dated 15th March, 2004. In terms of this O.M., dearness relief equal to 50% of the above amounts of ex-gratia had been converted into dearness ex-gratia w.e.f. 1st April, 2004. Consequently, dearness relief, as announced from time to time is being paid, on the sum of the amounts of ex-gratia and dearness ex-gratia.

3. This Department has since been receiving representations from the CPF retirees who are in receipt of ex-gratia in terms of the above instructions, to enhance the amount of ex-gratia. The matter has now been considered and the President is pleased to enhance the existing amount of ex-gratia of Rs. 600/- p.m. being paid to the surviving CPF retirees and the amount of ex-gratia of Rs. 605/- p.m. being paid to dependent members of the families, i.e., widows and dependent children of deceased beneficiaries at the following rates w.e.f. 4th June, 2013:
S.No.Group of Service to which CPF retirees belonged at the time of retirementEnhanced amount of basic monthly ex-gratia
1Group 'A ServiceRs. 3000/-
2Group 'B' ServiceRs. 1000/-
3Group 'C' ServiceRs. 750/-
4Group 'D' ServiceRs. 650/-
5Widows and dependent children of the deceased CPF beneficiaryRs. 645/-

4. Dearness ex-gratia equal to 50% of the enhanced amount of ex-gratia and Dearness Relief, as notified from time to time, on the sums of enhanced amounts of ex­gratia and dearness ex-gratia shall also be admissible to them.

5. The terms and conditions for grant of ex-gratia and dearness relief will continue to be governed by this Department's O.M. No.4/1/87-P1C, dated 13'h June, 1988 and O.M. No.45/52/97-P&PW (E), dated 16th December, 1997 and subsequent Office Memorandums issued in this regard.

6. As laid down in the Ministry of Finance O.M. dated 28.11.1969, the ex-gratia payment is not admissible to (a) those who were dismissed/removed from service and (b) those who resigned from service.

7. It shall be the responsibility of the Head of the Department of the Ministry, Department, Office, etc. from which the CPF beneficiary had retired or where he was working prior to his demise to revise the ex-gratia with effect from 4' June, 2013 and to issue revised Ex-gratia Payment Order (EPOs). Action to revise ex-gratia in terms of these provisions shall be initiated by the concerned Heads of Departments. In the case of the Defence Civilian Employees, however, the procedure prescribed in this regard by the Ministry of Defence shall be followed. It is emphasised that the Sanctioning Authority, in no case, will ask the beneficiary to surrender his/her original Ex-gratia Payment Order (EPO) for issuing revised authority.

8. The CPF beneficiaries may send applications to the Head of Office and/or Disbursing Authority concerned for revision of ex-gratia amount indicating the EPO details and the office from which he/she retired/last served. The Disbursing Authority shall intimate the details of the beneficiaries to the Central Pension Accounting Office and the Pay & Accounts Offices concerned in the proforma enclosed as Annex-ure to this O.M.

9. The periodical certificates such as life certificate, non- employment certificate etc. prescribed for drawal of pension will also be required to be submitted by the recipient of the ex-gratia payment to the appropriate disbursing authorities for drawal of ex-gratia.

10. These orders apply to all civilian Central Government employees covered under Contributory Provident Fund scheme retired/died before 1986, including civilians paid from Defence Service Estimates hut will not apply to Railway Employees. Separate orders will be issued by the Ministry of Railways (Railway Board) for revision of ex-gratia payable to the dependent members of families of eligible employees covered under the State Railways Provident Fund (Contributory).

11. In their application to the persons belonging to Indian Audit and Accounts Department these orders issue in consultation with the Comptroller and Auditor
 

(Sujasha Choudhury)
Deputy Secretary


To
1. Central Pension Accounting Office, with a request to issue instructions to all pension disbursing banks to take necessary action as indicated above.
2. All Ministries/Departments of the Government of India.
3. O/o Comptroller and Auditor General of India, 9, DDU Marg, New Delhi.
4. All Pensioners' Associations as per list maintained in the department.
 

ANNEXURE


Form of intimation by the Ex-Gratia Payment Disbursing Authority to the Central Pension Accounting Office/Pay and Accounts Office regarding enhancement of Ex­Gratia Payment in terms of Department of Pension & Pensioners Welfare Office Memorandum No.1 /10/2012-P&PW(E) dated 27th June, 2013.

1. Name of the Ex-gratia beneficiary
2. Ex-gratia Payment Order No.
3. Date of retirement/Death (in case of Payment to family member)
4. Savings Bank A/c No.
5. Name of the bank/Paying Branch
6. Bank Code No.
7. Existing basic payment of ex-gratia payment
8. Revised amount of ex-gratia as on 4 June, 2013

Remarks if any.


SIGNATURE OF EX-GRATIA
PAYMENT DISBURSING AUTHORITY


To
1. Central Pension Accounting Office, Ministry of Finance, Department of Expenditure, Trikoot-II, Bhikaji Carna Place, New Delhi-110066.
2. Concerned Pay & Accounts Office

Source: http://pensionersportal.gov.in/
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/EnhancementEx-gratia_280613.pdf]

Pre 2006 Pensioner's Court Case: Status as on 01 July 2013

Pre 2006 Pensioner's Court Case: Status as on 01 July 2013

STATUS OF THE CASES OF PRE 2006 PENSIONERS IN VARIOUS COURTS : AS ON 01.07.2013


COMPILED BY M. L. KANAUJIA, IRSSE / Chief Communication Engineer, N.E. Railway, (Rtd.)


ItemHEARD BYPETITION NO. & YEARLEAD PETITIONERNEXT
DATE
FIXED
FOR
HEARING
REMARKS IN BRIEF
1CAT-PB DelhiOA 1165 / 2011Pratap Narain & Ors Vs. MOP/flOP25.07.2013Case is for modified parity plus full pension on  20 years of service w.e.f. 1.1.2006. Govt. submitted its Counter on 11.07.12. Copy of Counter received on 17.12.12 and four weeks time was allowed for submission of  Rejoinder. In the meanwhile, MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table from which a pensioner had retired but prospectively i. e. from 24.09.12. Two issues are still remaining to be settled, namely, arrears from 1.1.06 and full pension at 20 years of service as per Cabinet approved Resolution dated 29.08.08.
2CAT-PB DelhiOA 2165 / 2011KR Srinivasan & Ors Vs. MOP/flOP25.07.2013Same as for  item 1 above.
3CAT-PB DelhiOA 247 of 201217 Petitioners25.07.2013Same as for  item 1 above.
4Lucknow HCSer.Ben.203 / 2010s29 UP Officers15.07.2013The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pensioner had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. Petitioners are pre 2006 Pensioners belonging All India Service Officers of Govt. of U.P. retired from pre revised pay scale of  Rs. 18,400-22,400. The U.P. Govt. implemented SCPC Report with certain modifications and issued G.O. No. Sa/3/1358 /Das-2010 dated 19.07.2010 fixing their revised pension at Rs. 26,500 w.e.f. 1.1.2006. The Pensioners grieance is that thier pension shold have been fixed at Rs. 27,350 w.e.f.  1.1.2006. The Court heard the case last on 1.7.2013, when as asked for by the Court earlier, UOI submitted a copy of the SCPC Report through a detailed affidavit. The Court is likely to hear the case again  in two week's time.
5Delhi HCWP(C)3359/
2010
s29,s26 Ex.ParaMil.No further date fixed for hearing so far as per website till 01.07.13.The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band plus grade pay corresponding to the Table concerning to pre revised pay scale from which pensioner had retired effective 24.9.12. Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.  
6Supreme CourtContempt Petition (Civil) 64/2009SPS Vains, Major General & Ors.29.07.13This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions. Petitioners are pre 2006 retirees Major Generals. MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has already   stepped their revised pension at  50% of sum of minimum of the pay in the pay band 4 plus grade pay and MSP, all corresponding  table of  pre revised pay scale from which they retired but w.e.f. 24.9.2012 and NOT  1.1.2006. Issue remains to be settled  isfor  arrears from 1.1.06, the date of implementation of SCPC Report.
7Supreme CourtCivil Appeal
2966 / 2011
U0I Vs SPS Vains Mj. General & Ors29.07.13This case is  same  as CP(C) No.64 of 2009 except  that in this case Petitioners are UOI & Ors. and Respondents are Pensioners. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.  Both cases are being heard  together by the hon.ble Supreme Court.
8Supreme CourtCivil Appeal 8875-8876 of 2011.U0I & Ors.Vs. Vinod Kumar Jain & Ors
(Avtar Singh)
   09 .07.13The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. AFT has given Judgment in favour of Pensioners but UOI has gone in appeal to Supreme Court. In the meanwhile, MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table but prospectively i.e. from 24.09.12. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.
9Supreme CourtCivil  Appeal  5367 -5368    OF  2005Principal Sec.(F & P), Govt. of Andhra Pradesh Vs.  A.P. Pensioners Samaj.19.07.13Three Judge Bench Matter.
10Delhi HCWPC No. 4572 of 2012All India S30 Pensioners Association Vs. UOI02.07.2013Full parity case wherein  writ, order or direction sought are : (a) setting aside the impugned judgment dated 6th March, 2012 passed by the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.937 of 2010; (b) calling for the records of the case from the Respondent Authorities; (c ) granting the reliefs prayed for by the Petitioners in their Original Application No.937 of 2010 filed before the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi; and Judgment thereof.
11CAT-PB/DelhiContempt No.158 of 2012CG SAG (S29) Pensioners Association, Shri Satish Verma, Rtd.CE Vs. Shri RC Mishra, Sec. DOP, MOP,GOI. and Shri Sumit Bose, Sec.DOE,MOF,GOI.07.08.2013This Petition is against non-compliance of orders passed by CAT-PB while giving Judgment in case of  OA 0655/2010 with other OAs. In view of  IR granted by Delhi HC on 21.5.12, hon.ble Court on 30.5.12 closed the case with liberty to move application  for revival of  CP as per the Orders of  hon.ble Delhi HC. Accordingly, after the dismisal of UOI Petition in Delhi HC, the revival application was put up which was heard on 24.5.13 and 28.5.13 and orders for isuue of notices to respondents  were passed.
12Supreme CourtSLP (Civil) 19784 of 2013Haryana Viduat Prasaran Nigam  Ltd & Ors Vs R K Agarwal and OrsDate of listing for hearing for admission is not fixed till updating on 1.7.13This SLP is againsst Punjab and Haryana High Court Judgment in case of CWP No. 19641 of 2009 R K Agarwal &Ors. Vs. HVPN Ltd & Ors. dated 21.12.2012.

Source: http://scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2013/07/status-of-cases-of-pre-2006-pensionerss.html]

Pensioners Portal Orders: Simplification of pension process for permanently disabled children/siblings and dependent patients - instructions reg

Pensioners Portal Orders: Simplification of pension process for permanently disabled children/siblings and dependent patients - instructions reg

No. 1127/2011-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Marke, New Delhi
Dated: 1st July, 2013.

OFFICE MEMORANDUM

Sub: Simplification of pension process for permanently disabled children/siblings and dependent patients - instructions regarding. This Department’s O.M. No.1/19/11-P&PW (E), dated 3.8.2011, O.M. No.1/6/2008-P&PW (E), dated 22.6.2010 and O.M. No.1/21/91-P&PW (E), dated 20.1.93 refer.

The undersigned is directed to state that a number of representations are being received in the Department of Pension & Pensioners Welfare about the difficulties being faced in getting the revised Pension Payment Orders (PPOs) issued for old parents and disabled children/siblings after the death of the pensioner family pensioner.

2. The matter has been examined and it has been decided that the employee/pensioner/family pensioner may, at any time before or after retirement/death of employee, make a request to the Appointing Authority seeking advance approval for grant of family pension for life to a permanently disabled child/sibling in terms of provisions contained in rule 54 of the CCS(Pension) Rules, 1972, which are reproduced as under:

Proviso (iv) to sub-rule 6 (iv,): before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so us to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child;

Sub rule 10 (B): Family pension ro the dependent disabled siblings shall be payable if the siblings were wholly dependent upon the Govt. servant immediately before his or her death and deceased Govt. servant is not survived by a widow or an eligible child or eligible parents.

3. In terms of sub-rule (10-A) (reproduced below) a request for advance approval to the grant of family pension to the parents may he made to the Head of Office.

Sub rule 10A (a): Family pension to the parents shall be payable if the parents were wholly dependent on the Govt. servant immediately before his or her death and she deceased Govt. servant is not survived by a widow or an eligible child.

(b): The family pension, wherever admissible to parents, will be payable to the mother of the deceased Govt. servant failing which to the futher of the deceased Govt. servant.

4. On acceptance of such a request, the Head of Office (HOO) will immediately issue a sanction order for grant of family pension to such children/siblings/dependent parents on their turn. No further authorisation for grant of family pension to the disabled child/sibling dependent parents would be required. The HOO and Pay and Accounts Officer (PAO) will maintain the details of such disabled children/siblings/dependent parents in the service book and pension file of the employee/pensioner to enable prompt processing of such requests. On the basis of this approval, the permanently disabled child/sibling/dependent parents will be authorised to receive family pension at the appropriate lime, i.e., after the death of pensioner and/or after the death / ineligibility of any other member in the family eligible to receive family pension prior to the disabled/child/sibling/dependent parents, as explained in the succeeding paragraphs.

5. The name(s) of permanently disabled child / children / siblings and or dependent/parents may be added to the PPO issued to the retiring Government servant if there is no other eligible prior claimant for family pension other than the spouse. No fresh PPO need to be issued in such cases and the family pension will be payable by the pension disbursing authority in the following order and the following manner:

(i) To the spouse — on the death of the pensioner - on production of death certificate of pensioner. This family pension will continue till death or remarriage of spouse. In the case of a childless widow, the family pension may continue even after her re-marriage as per rules.

(ii) To the permanently disabled Child/Children - on the death/remarriage of spouse — on production of such death certificate remarriage-intimation. Family pension to the spouse will he discontinued and family pension would be allowed by the PDA for life for permanently disabled children in the order prescribed in Rule 54 of the CCS (Pension) Rules, 1972.

(iii) To the dependent parents — first mother, then father - when claimants in (I) and (ii) die or become ineligible on production of death certificate/remarriage-intimation of spouse and/or death certificates of all permanently disabled children, family pension would be allowed by the PDA to dependent parents. This family pension would continue till death of the dependent parents.

(iv) To the permanently disabled sibling/s - when family pension to all above cases to be payable on account of death/re-marriage-on production of death certificates/ remarriage-intimation as applicable, the family pension will be allowed by PDA to the permanently disabled siblings.

6. For all other cases where there are other eligible prior claimants to family pension in accordance with rule 54 of CCS (Pension) Rules, 1972, the names of disabled child/children/dependent parents/permanently disabled sibling will be added to the PPO issued to the preceding eligible family pensioner, based on the authorisation made as in para 3 above. Family pension to these permanently disabled child/children/siblings/dependent parents will be payable after the death/ineligibility of the prior claimant, as the case maybe.

7. The authorisation as indicated above shall be made in the PPO or by issuing a revised authority if a child, parents or sibling is authorised for family pension after issue of the PPO. The revised authority shall take the usual route to the pension disbursing authority. The Pension Disbursing Authority shall start disbursing family pension to the permanently disabled child/sibling or dependent parents after the death of the pensioner/spouse/other family pensioner, as the case may be, on the basis of the PPO/revised PPO, approval of the appointing authority and the death certificate(s) of the pensioner and other family pensioners and the self-certificate for income.

8. Such an authorisation shall become invalid in case a person becomes member of family after issue/amendment of such PPO and is entitled to family pension prior to the disabled child/sibling/dependent parents at the time of the death of the pensioner/spouse. For example, the pensioner may marry/remarry after the death of first spouse or adopt a child. Such spouse/child may be eligible for family pension at the time of death of the pensioner or death/ineligibility of the spouse. A child adopted by the spouse of the pensioner shall not be treated as a member of the family of the deceased pensioner. A decision regarding grant of family pension in such cases will be taken by the Head of Office in accordance with the provisions of rule 54 of the CCS (Pension) Rules, 1972.

9. In order to facilitate the Bank Authorities to promptly sanction the family pension in such cases, the Govt. Employees/pensioners/their spouses may open a bank account of such children/siblings/parents and indicate this information to the Head of Office for inclusion in the PPO/revised authority.

10. As regards pensioners/family pensioners belonging lo the Indian Audit and Accounts Departments, these instructions issue after consultation with the Office of Comptroller and Auditor General of India.

sd/-
(Sujasha Choudhury)
Deputy Secretary

Source: www.pensionersportal.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PPO_010713.pdf]

Expected DA : 90% DA from July, 2013 may be announced in view of AICPIN, May 2013

Expected DA : 90% DA from July, 2013 may be announced in view of  AICPIN, May 2013

Expected Dearness Allowance and Dearness Relief from July 2013 : Central Government employees and Pensioners will get one more installment of additional DA and DR from July 2013 will be 10%, as per the release of AICPIN for the month of May 2013. Though the requirement of one more month of AICPIN for June to finalise the enhancement of Dearness allowance, there is possible to get 90% Dearness allowance and Dearness Relief from July 2013. The calculation table describes the steps as under...

Month / YearB.Y. 2001=100Total of 
 12 Months
12 Months 
 Average
% Increase 
 over 115.763
App. DA DA %
Dec-122192512209.3393.5780.8380
Jan-132212535211.2595.4982.4982
Feb-132232559213.2597.4984.2284
Mar-132242582215.1799.4185.8785
Apr-132262603216.92101.1687.3887
May-132282625218.75102.9988.9788
Jun-13Expected90
Labour Bureau released the statistics number of Consumer Price Index for Industrial Workers (CPI-IW) for the month of May 2013 on its official portal , which is important factor to calculate additional DA and DR to CG employees and CG Pensioners and the same is reproduced here for your information...

Consumer Price Index for Industrial Workers (CPI-IW)-May, 2013

The All-India CPI-IW for May, 2013 rose by 2 points and pegged at 228 (two hundred and twenty eight). On 1-month percentage change, it increased by 0.88 per cent between April and May compared with 0.49 per cent between the same two months a year ago.

The largest upward contribution to the change in current index came from Food group which increased by 1.22 per cent, contributing 1.64 percentage points to the total change. At item level, Rice, Arhar Dal, Fish Fresh, Poultry (Chicken), Milk, Chillies Green, Garlic, Ginger, Tomato, Root & Green Vegetables, Tea Leaf, Tea (Readymade), Cigarette, Country Liquor, Electricity Charges, Medicine (Allopathic), Repair Charges, etc. are responsible for the rise in index. However, this was compensated by Petrol putting downward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 10.68 per cent for May, 2013 as compared to 10.24 per cent for the previous month and 10.16 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 13.24 per cent against 12.39 per cent of the previous month and 10.61 per cent during the corresponding month of the previous year.

At centre level, Chennai and Nagpur recorded the largest increase of 8 points each followed by Nasik (7 points) and Warrangal, Coonoor, Hubli Dharwar, Madurai and Tripura (6 points each). Among others, 5 points rise was registered in 2 centres, 4 points in 14 centres, 3 points in 6 centres, 2 points in 12 centres, and 1 point in 12 centres. On the contrary, a decline of 6 points was reported in Delhi, 5 points in Ghaziabad, 4 points in Srinagar, 3 points in 2 centres, 2 points in 2 centres and 1 point in 7 centres. Rest of the 10 centres’ indices remained stationary.

The indices of 38 centres are above All-India Index and other 38 centres’ indices are below national average. The index of Jabalpur and Haldia centres remained at par with all-India index.

The next index of CPI-IW for the month of June, 2013 will be released on Wednesday, 31 July, 2013. The same will also be available on the office website www.labourbureau.gov.in.

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