Monday, May 28, 2018

Revision of Pension of Pre 2006 Pensioners - Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

Fixing of Minimum of Revised pension of Pre-2006 Pensioners - RSCWS

Revision of Pension of Pre 2006 Pensioners - Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

No.RSCWS/HO/CHD/ Memo/2018-5

Dated: 21/05/2018
Hon. Minister of Finance, Govt. of India,
North Block, New Delhi-110001

Subject: Revision of Pension of Pre 2006 Pensioners - Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

Reference:- i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08,
ii) Para 5 of DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 11-2-2009 - (which has been quashed by various Courts but not withdrawn by the DOP&PW)
iii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 30-7-2015

Dear Sir,
We seek your benign intervention in the following matter of serious injustice with a section of Pre-2006 Central Government Pensioners:

1. Sixth Pay Commission had Merged and upgraded some posts keeping in view their duties & responsibilities. The recommendations of the Sixth CPC were accepted by the Government vide Resolution of the Government Notified on 29-8-2008 and orders were issued thereon vide DOPT & DOPPW vide OMs dated 1-9-2008.

2. DOP&PW subsequently modified these orders vide O.M. File No. 38/37/08-P&PW (A) dated 11-2-2009 and ordered that the benefit of upgrading of posts by Sixth Pay Commission shall not be given for the fixation of Revised Pension of Pre-2006 Pensioners.

3. Above cited orders of DOP&PW (dated 11-2-2009) had been quashed by the various Courts including the Apex Court, which inter-alia directed that "The fixation (of Pension) … will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired." DOP&PW issued the orders thereon vide OM dated 1-9-2008.

4. DOP&PW vide OM No.38/37/08-P&PW(A) Dated 30th July, 2015, in compliance with the judicial pronouncements, had decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006.

5. Para 5 of DOPPW OM dated 11-2-2009 had specifically been quashed by various Courts - including the High Court of New Delhi in WP(C) 3035/2016 dated 3-8-2016 in Ram Phal-vs-Union of India & Ors and CAT Bangalore in CP 237/2015 in OA 231/2013 (Parthasarthy-Vs-Union of India).

6. High Court of Kerala at Ernakulam had held as under in OP (CAT).No. 169 of 2015 (Z) in its judgment dated 18th January, 2016 UNION OF INDIA vs N.R.PURUSHOTHAMAN PILLAI:

"The resultant position that emerges from the pronouncement of the Central Administrative Tribunal as well as the different High Courts and the Apex Court is that, computation of pension in the matter of implementation of the 6th Pay Commission Report has to be at 50% of the pay scale with respect to the scale of pay applicable to the post in question and not to the corresponding scale of pay to the one at which the incumbent has retired."

7. Regrettably the benefit of upgrading of posts was still not given to the Pre-2006 Pensioners in spite of the above cited judgments of various Courts. The benefit of the Court judgments on this had been restricted only to the Petitioners and not to other similarly placed Pre-2006 Pensioners.

8. This is totally discriminatory and violates Article 14 of the Constitution as well as under the settled law that the decisions taken in one specific case either by the Judiciary or the Govt. should be applied to all other similar cases without forcing the other employees or pensioners to approach the court of law for an identical remedy or relief.

9. Delhi High Court in W.P.(C) 8012/2013 had held that "policy decision of the Government in the OM dated September 01, 2008 to fix pension for all categories of pensioners did not classify post of pre January 01, 2006 retirees and all were entitled to pension as per a common formula"

10. It is, therefore, requested that Pre-2006 Pensioners be given the benefit of upgraded Pay Band and Grade Pay of the post from which they retired so that minimum pension be not lower than 50% of the pay in the revised pay band plus the grade pay corresponding to the post from which the pensioner retired – as per DOPPW OM dated 30-7-2015.

Yours faithfully,
(Harchandan Singh)
Secretary General, RSCWS
Source: www.rscws.com

Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : NC JCM Staff Side

Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order - reg.

Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinary
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E Mail : nc.jcm.np@gmail.com

No. NC-JCM-2018/Fin.(Ano)
April 23, 2018
Joint Secretary (Pers)
Department of Expenditure
Ministry of Finance
North Block,
New Delhi - 110 001.

Subject : Fixation of pay in the merged Pay Scale of Rs.5000-8000 and Rs.5500-9000 with Rs.6500-10500 (5th CPC) in 6th CPC Pay Band-2 + Grade Pay Rs.4200/-

Reference: Item No. 1, 2, 3 and 4 of the Minutes of the National Anomaly Committee held on 17th July, 2012 circulated vide DOP&T OM F.No. 11/2/2008-JCA dated 13th September, 2012.

Sir,
Kindly refer to Para No. 8.1 of the Minutes of the Meeting of the 6th CPC National Anomaly Committee held on 17th July, 2012. This is with regard to Item No. 1, 2, 3 and 4 i.e. fixation of pay in revised Pay Scale. The Staff Side in the meeting has reiterated their demand that the pay in the incumbents holding the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 should have been fixed by applying the multiplication factor of 1.86 at Rs. 6500 w.e.f. 01.01.2006 implying thereby that the commencement point of the Pay Band-2 should be at Rs. 12090/- based on 6500 x 1.863 = 12090 instead of Rs. 9300/- computed by multiplying Rs. 5000 x 1.86. The Official Side has rejected the demand of the Staff Side and after discussion it was decided that on this issue a disagreement may have to be recorded for referring the same to arbitration. Even though it is more than 5 years after the above decision we are not aware that what action has been taken to implement the decision taken in the National Anomaly Committee Meeting.

In this situation the affected Central Government Employees working in different Ministries have approached Court of Law for getting justice. Recently the CAT Ernakulum Bench in its Order OA No. 180/00569/2014 delivered on 03rd of April, 2018 has upheld the demand of the Staff Side and has given the following direction to the Government of India. The relevant portion of the Judgment is given below for your kind information.

14. It has to be borne in mind that CCS (RP) Rules, 2008 is a Rule notified under the proviso to Article 309 of the Constitution of India made by the President and hence it has a statutory status in the eye of law. Therefore, any interpretation of the provisions in the said Rules has to be in terms of the Rules itself. Any O.M. issued by way of clarification, explanation or prescribing the modalities for fixation of initial pay of the Government Employees as per the revised pay structure can be only in terms of what is stated in the Rules.

15. As observed above, going by the definitions of the terms 'existing basic pay' and 'existing scale' in the CDS (RP) Rules, 2008, Rule 7 fixation can be only in accordance with the afore-mentioned definitions of ‘existing basic pay’ and 'existing scale' only and not by way of administrative O.Ms and instructions contained in Annexure A-1 and Annexure A-2 communications. Therefore, we are inclined to quash and set aside Annexure A-1 and Annexure A-2 communications. We do so. We hold that the applicants are entitled to the declaration as prayed for and that the respondents should be directed to fix the initial pay of the applicants including all the members of Applicant No. 1 association in the revised pay structure by fixing their salary in the revised pay scale of Rs. 6500-10500 treating Rs. 6500/- as the existing basic pay as on 01.01.2006 with all consequential benefits. We order accordingly. This order shall be complied within 3 months from the date of receipt of copy of this order.”

In view of the above Judgement it is requested that without further prolonging the matter the above Judgment may be implemented by issuing a general instructions extending the benefit to all the similarly place Employees.

Awaiting for your favourable response please.

Thanking you,
Yours Faithfully,
(Shiva Gopal Mishra)
Secretary
Source: Confederation

STRIKE DECLARATION NATIONAL CONVENTION OF CENTRAL GOVERNMENT EMPLOYEES

NFPE

19-05-2018
STRIKE DECLARATION NATIONAL CONVENTION OF CENTRAL GOVERNMENT EMPLOYEES
2018 JUNE 10th SUNDAY - 10 AM TO 5 PM
AT HYDERABAD
VENUE : SUNDARAYYA VIGNANA KENDRA, BAGHALINGAMPALLY.
* SCRAP NPS. RESTORE DEFINED PENSION SYSTEM TO ALL
* HONOUR ASSURANCE GIVEN BY GROUP OF MINISTERS. INCREASE MINIMUM PAY AND FITMENT FORMULA.
* SETTLE 10 (TEN) POINTS CHARTER OF DEMANDS.
"DEFEAT THE DISASTROUS NEO-LIBERAL POLICIES.
DEFEAT THE ANTI-LABOUR RULING CLASS POLITICS BEHIND IT."
Programme
10-06-2018, Sunday
08.30 AM : Registration
09.30 AM : Flag Hoisting and Homage to Martyrs.
10.00 AM : Inaugural Session
Preisded by : COM. K.K.N.KUTTY National President, Confederation.
Welcome Speech : COM. A. AZEEZ General Secretary,C.O.C, AP & Telangana States.
Inauguration by : SHRI. G. SAJJEEVA REDDY National President, INTUC.
Guests of honour : COM. AMARJEET KAUR National General Secretary, AITUC.
: COM. RAMULU State President, CITU.
: COM. A. SREEKUMAR General Secretary, All India State Govt. Employees – Federation.
01.00 PM : Presentation of Draft Strike Declaration Resolution.
Presentation by : COM. M. KRISHNAN Secretary General, Confederation.
01.15 to 02.00 PM : LUNCH BREAK
02.00 PM : Discussion on Draft Resoluion & Address by Chief Executives of Affiliates.
04.30 PM : Summing up of Discussion and adoption of Strike Declaration Resolution.
05.00 PM : Vote of thanks
by : COM. V.NAGESHWARA RAO President, C.O.C, AP & Telengana States.
- E n d -
LEADERS & DELEGATES - PLEASE NOTE
Convention will commence at 09.30 AM itself. Time schedule will be strictly followed. All leaders and delegates of affiliated organisations are requested to reach the venue before 09.30 AM.
TO ALL AFFILIATES/NATIONAL SECRETARIAT MEMBERS:
Please ensure participation of delegates as per quota fixed to each affiliates/C.O.Cs. Please issue seperate circulars and also give wide publicity.

Source : NFPE

Payment of Salary to Central Government Employees on 29th May 2018 due to Bank Strike

Payment of Salary to Central Government Employees on 29th May 2018 due to Bank Strike : MoF Order
Office of the
Controller General of Accounts
Ministry of Finance
Department of Expenditure
Mahalekha Niyantrak Bhawan
E Block, INA, New Delhi

No. S-l1012/2/3(17)/RBl/2015/GBA/625-706
21st May 2018
Office Memorandum

Subject:- Payment of Salary to Central Government Employees on 29th May 2018 due to bank strike called by United Forum of Bank Unions.

It has come to the notice of this office that United Forum of Bank Unions (UFBU) has called for a nationwide bank strike on 30th and 31st May 2018. Banks are likely to remain closed on that days and even files for the e-payment of salary for the month of May 2018, which is due for 31st May 2018, may not get processed, resulting in delay in disbursal of salary to Central Government Employees.

2. All the Pr. CCAs/CCAs/CAs (Independent Charge) are, therefore, advised to consult their accredited banks in this regard and if any delay is foreseen in disbursement of salary on 31st May 2018 by the accredited banks, due to strike, necessary instructions may be issued to all the field PAOs/DDOs to upload salary payment files of Central Government Employees with NPB date as 29th May 2018 (last working day for bank, if strike materializes), and ensure that same reaches the banks latest by 25th May 2018.

3. This issues with the approval of Competent Authority.
(Anupam Raj)
Asstt. Controller General of Accounts (GBA)
Source: CGA

Admissibility of air fare for children below the age of 5 years of the Government servants non-entitled to travel by air on LTC - clarification

LTC - DoPT Clarification: Air fare for Children Below the age of 5 years of non-entitled Govt Servant is not admissible
No. 31011/3/2016-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk
North Block New Delhi.
Dated May 15 , 2018
OFFICE MEMORANDUM

Subject: Admissibility of air fare for children below the age of 5 years of the Government servants non-entitled to travel by air on LTC - clarification reg.

The undersigned is directed to invite reference to Department of Personnel Training’s O.M. No. 31011/2/2006-Estt.A dated 24.4.2006, 21.05.2007 and 03.12.2007 which stipulates that a non-entitled Goverment servant is allowed to travel by air while availing LTC provided that the reimbursement made in such cases is restricted to the train fare of entitled class. In this regard, it may be noted that while no fare is charged by Railways for a child below the age of 5 years travelling by train, airlines charge full air fare for child of 2 years of age and above.

2. This Department is in receipt of references from various Ministries/Departments seeking clarification on reimbursement of LTC claim in a situation where a child of a non-entitled Government servant, aged less than 5 years, travels by air on LTC and entitled train fare is claimed by that Government employee in respect of his/her child.

3. The matter has been examined and it is clarified that since children below the age of 5 years are not charged for rail journeys, no reimbursement shall be made in respect of the air journey performed by children, aged less than 5 years, of the Government servants who are not entitled to travel by air on LTC. It may be noted that this provision shall not be applicable for the segments where the air journey has been allowed to the non-entitled Government servants and their families under the special dispensation scheme, existent from time to time.
(Surya Narayan Jha)
Under Secretary to the Government of India
Source: DoPT

DoPT: Use of Swimming facilities at Major Dhyan Chand National Stadium by Central Government Employees & their dependent families

DoPT: Use of Swimming facilities at Major Dhyan Chand National Stadium by Central Government Employees & their dependent families

DoPT

F.No. 108/01/2016-17/CCSCSB
Dated 18th May, 2018
Circular
Sub: Use of Swimming facilities at Major Dhyan Chand National Stadium by Central Govt. Employees & their dependent families regarding.

The Central Civil Services Cultural & Sports Board (CCSCSB) under administrative control of the Department of Personnel & Training (DOPT), a nodal agency for promotion of Cultural & Sports activities amongst the Central Government Employees in the country. CCSCSB had started a scheme for use of Swimming facilities at Major Dhyan Chand National Stadium by Central Govt. Employees & their dependent families.

2. Under the scheme, the Central Government Employees & their dependent family members may use sporting facilities for Swimming at Major Dhayan National Stadium at their rates (on monthly basis) or rates available for Central Government employees and their dependent family members, whichever is lower.

3. On submission of monthly payment receipts (in original) of SAI to CCSCSB, the amount charged by SAI will be reimbursed after deducting amount as per table:-
Age groupAmount to be deducted by CCSCSB per month in Rs. before reimbursement
8 to 18 yrsRs.300/-
Above 18 yrsRs.400/-

4. It may be noted that this scheme is one of indentified scheme of DOPT for DBT on boarding and reimbursement will be done directly to bank accounts of the beneficiaries lined with Aadhaar number. The bank details (like Account number, Bank & Branch name, IFSC code & Aadhaar Number), a copy of Office ID Card and a proof of dependent (if required) need to be furnished while submitting payment receipts for reimbursement, directly to the "Secretary (CCSCSB), Room No. 362, DOPT, Lok Nayak Bhawan, New Delhi-11003. Applicants can submit the data as sought with form as attached at Annexure-I.

5. All Ministries/Departments are requested to disseminate this circular for wide publicity in the Ministries/Departments and their attached & subordinate offices.
(Kulbhushan Malhotra)
Secretary (CCSCSB)
Annexure-I
Request from for Reimbursement of Swimming fee
To
Secretary (CCSCSB)
Room No.361, 3rd Floor,
Lok Nayak Bhawan,
Khan Market, New Delhi-11003.
Sub: Reimbursement of fee charged by SAI under "come and play" scheme.
(all fields are mandatory)
S.No
1.Name of Beneficiary
2.Gender
3.Address
4.District
5.State
6.Pincode
7.Bank Name
8.IFSC Code
9.Account No.
10.Aadhaar No.
11.Facility Availed at SAI
12.List of documents enclosed:-i)Original Fee receipt
ii) Copy of Office Id card
iii) Aadhaar Consent Form
iv) Proof of dependents if applicable

2. I request to reimburse the fee after deducting charges directly to the bank with details as mentioned above.

CONSENT FOR USE OF AADHAAR NUMBER IN TERMS OF AADHAAR ACT, 2016

1. I hereby give my consent to Central Civil Services Cultural & Sports Board (CCSCSB), New Delhi to use and share my Aadhaar number with Unique identification Authority of India (UIDAI) for the purpose of authentication of my demographic information, with national Payments Corporation of India (NPCI) for the purpose of authentication of Aadhaar linked payment bank account, with PFMS for payment through Aadhaar linked payment bridge and with the payee bank of CCSCSB for payment of my remuneration/reimbursement.

2. I understood that my Aadhaar Number will be used and shared by CCSCSB only for the specific purpose mentioned above. I also understand that my Aadhaar number shall not be published, displayed or posted publicity by CCSCSB.

Signature of the individual
Name of the individual:———————-
Date:————————-
Place———————————

Source: DoPT

Procedure of recovery of excess payment made to pensioners - Bank should not refuse the pension on the pretext of excess payment/recoveries

Procedure of recovery of excess payment made to pensioners - Bank should not refuse the pension on the pretext of excess payment/recoveries - CPAO ORDER
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066
CPAO/IT & Tech/SCOVA/20 (Vol-I)/2018-19/20
16.05.2018
Office Memorandum
Subject :- Recovery of excess payment made to pensioners.

It has been brought to the notice of this office that some Bank branches are refusing to disburse the family pension to the family pensioners until and unless the whole overpaid amount is credited back to the bank. This issue was also highlighted in the Standing Committee of Voluntary Agencies (SCOVA) meeting Chaired by Hon'ble Minister of State of the Ministry of Personnel, Public Grievances & Pensions.

In this context, RBI in consultation with Office of the CGA, Ministry of Finance, Deptt. of Expenditure has issued instructions for recovery of excess payment made to pensioners vide their Circular No. RBI/2015-16/340 DGBA GAD No.2960/45.01.001/ 2015-16 dated-17.03.2016 which is reproduced below:
a) As soon as the excess/wrong payment made to a pensioner comes to the notice of the paying branch, the branch should adjust the same against the amount standing to the credit of the pensioner's account to the extent possible including lumpsum arrears payment.
b) If the entire amount of over payment cannot be adjusted from the account, the pensioner may be asked to pay forthwith the balance amount of over payment.
c) In case the pensioner expresses his inability to pay the amount, the same may be adjusted from the future pension payments to be made to the pensioners. For recovering the over-payment made to pensioner from his future pension payment in instalments 1/3rd of net (pension plus relief) payable each month may be recovered unless the pensioner concerned gives consent in writing to pay a higher instalment amount.
d) If the over payment cannot be recovered from the pensioner due to his death or discontinuance of pension then action has to be taken as per the letter of undertaking given by the pensioner under the scheme.
e) The pensioner may also be advised about the details of over payment/ wrong payment and mode of its recovery.
The above uniform procedure may be strictly adhered to while effecting recovery of excess/wrong pension payments made to pensioners and necessary instructions may be issued to the bank branches to ensure that no branch may refuse the pension/family pension to the pensioners on the pretext of excess payment/ recoveries.

This issues with the approval of Chief Controller (Pensions).
Sd/-
(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)
Source: CPAO

Non-issue of Pension slip by banks - CPAO OM May, 2018

Non-issue of Pension slip by banks - CPAO OM May, 2018

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066

CPAO/1T&Tech/Bank Performance/37 (Vol III)/2018-19/23
15.05.2018
Office Memorandum
Subiect :- Non-issue of Pension slip by banks.

Attention is invited to para 4.6.6 of CPPC Guidelines issued by CPAO whereby it has been mentioned that "The Home Branch will meet all information needs of the pensioner using the CPPC system. The CPPC software will display on the computer screen, options and view of the details of calculation of pension and its breakup of the pension paid to the pensioner/ family pensioner. The Home Branch will act as intermediary between the pensioner & CPPC and, besides providing accounts statement, provide to the pensioners the TDS, pension slip, the Due and Drawn Statement in respect of each arrear and the Annual Income Statement".

In view of the above, Heads of CPPCs and Heads of Government Business Divisions of all the authorized banks are requested to strictly adhere to the above mentioned provision of para 4.6.6 of the CPPC guidelines.

This issues with the approval of Chief Controller (Pensions)
Sd/-
(Praful Dabral)
Sr. Accounts Officer (IT & Tech)

Non-acceptance of Nomination Form for Life Time Arrear (LTA)

Non-acceptance of Nomination Form for Life Time Arrear (LTA)

CPAO

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066

CPAO/IT &Tech/Bank Performance/37 [Vol-111)/2018-19/22
15.05.2018
Office Memorandum

Subject :- Non-acceptance of Nomination Form for Life Time Arrear (LTA).

It has been observed that Pension Payee Scheduled Bank branches are not accepting Nomination Form for "Life Time Arrear" on the pretext that their branch has not received any instructions from their head office.

As per para 23 of the Scheme Booklet on acceptance of Nomination Form for Life Time Arrears provides that where the Nomination for the payment of arrears does not exist then the Authorized Bank will seek instructions of the CPAO, who will in turn, refer the matter to AG/CCA/CA/Dy.CA for obtaining the requisite sanction of Head of the Office. As such, the claimant can also approach the Head of Office where the pensioner served before his/her retirement/ death.

Moreover para 4.5.7 of the Scheme Booklet clearly states that "CPPCs may ensure that the responsibilities assigned to Home Branches are enforced so that the pensioners are not redirected to CPPC for redressal of grievances and information needs. Necessary performance measures and monitoring mechanisms, in co-ordination with the respective administrative structures to achieve the desired level of service delivery in Home Branches as well as CPPCs may be instituted by the Bank."
This issues with the approval of Chief Controller (Pensions).
Sd/-
(Praful Dabral)
Sr. Accounts Officer (IT & Tech)

Source: CPAO

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