Highlights
of the meeting held on 2 May 2013 with the representatives of National
Council (JCM), Staff Side on pensionary matters - AIRF
F. No. 42/7/2013-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi - 110003
Dated : 12th June, 2013
OFFICE MEMORANDUM
Subject: Minutes of the meeting held on 28.5.2013 with the representatives of Staff Side, National Council (JCM) on pensionary matters.
The
undersigned is directed to enclose herewith a copy of minutes of the
meeting held on 28.5.2013 with the representatives of the Staff Side,
National Council (JCM) on pensionary matters under the Chairmanship of
Secretary (Pension, AR&PG) in room No. 310, Lok Nayak Bhawan, Khan
Market, New Delhi for information/necessary action.
sd/-
(Sujasha Choudhury)
Dy. Secretary (P)
DEPARTMENT OF PENSION & PENSIONERS’ WELFARE
MINUTES
OF THE MEETING WITH THE REPRESENTATIVES OF STAFF SIDE, NATIONAL COUNCIL
(JCM) ON PENSIONARY MATTERS UNDER THE CHAIRMANSHIP OF SECRETARY
(PENSION, AR&PG) ON 28.5.2013 AT LOK NAYAK BHAWAN, NEW DELHI
Secretary
(Pension, AR&PG) chaired a meeting with the representatives of
Staff Side, National Council (JCM) on 28.5.2013 to discuss various
issues relating to pension and other retirement benefits. The list of
participants is at Annexure - I. Secretary (Pension, AR&PG) welcomed
the participants and appreciated the contributions of the pensioners in
the overall development of their respective organisation.
2. The
meeting started with a discussion on the Action Taken Report on the
minutes of the meeting held on 6.11.2012 as per details given below :
(i)
Ex-gratia payment to SRPF/CPF beneficiaries who retired other than on
superannuation, i.e. voluntary retirement and medical invalidation
cases.
Department of Expenditure has given clearance for deletion
of clause of 'c' of para 2 of OM dated 22.3.2004 which prohibits grant
of ex-gratia payment to those, who retired from service other than on
attaining the prescribed age of superannuation. With this, CPF
beneficiaries who have retired voluntarily and on medical grounds after
20 years of service will also be granted ex-gratia. It was decided that
this agenda item will be closed after issue of a revised OM by the
DOP&PW. Ministry of Railways will also issue similar orders.
Action DOP&PW and Ministry of Railways
(ii) Raising quantum of ex-gratia to CPF retirees on the lines of SRPF.
The
latest status of the case was intimated to the JCM. After the issue of
orders by this Department, consequent to the decision of Cabinet the
item may be dropped.
Action : DOP&PW
(iii) Abnormal delay in the issue of revised PPO to Pre - 2006 retirees, pensioners / family pensioners.
(i)
It was intimated that the Department had taken the following
initiatives like (a) allowing change in date of birth of spouse, (b) use
of certain documents as proof of date of birth of spouse, (c) inclusion
of present postal address and mobile and telephone number in the life
certificate (d) use of e-scroll for extracting information from banks’
database. (e) revision of PPOs even in cases where date of birth/age of
spouse is not given in the PPO or this information is not available In
the omce records for speedy revision of PPOs.
(ii) As a result,
the number of pending revision cases for civil pensioners has come down
from 2,54,467 in August, 2012 to 74,000 as on April, 2013 as per
information given by the CPAO on the basis of e-scrolls.
(iii)
However, amendment in calculation of revised pension, vIde OM dated
28.1.13, has necessitated issue of revised authority in all cases, as
indicated in OM dated 13.2.13.
Secretary (Pension, AR&PG)
stated that record/information of many pensioners are not available with
the Departments, which is hampering further progress and the Pensioners
Associations should come forward to help the departments in reaching
out to the pensioners/family pensioners. He further stated that
Secretaries of various Departments have been requested to review the
issue of revision of PPO in the fortnightly/ monthly meetings.
Railways
stated that in case of pre 2006 pensioners advertisement has been
issued. Matter was taken up with RBI to issue notification to all banks.
Out of 10.89 lakh such cases, 5.46 have been issued revised PPOs.
Meetings ere generally held at various levels. 30th September, 2013 has
been set as the target date for disposal of these cases. The progress is
being reviewed every month. It has also been decided to take up the
revision of PPOs suo-moto rather than waiting for an application from
the pensioner. The said letter is under issue. Secretary (Pension,
AR&PG) desired that the same may be issued by 15th June,
2013.Secretary, Pension des,red that necessary chances in systems may be
made if that would facilitate the pension sanction and payment
processes in the Raliways. The present pension authorisaton is
decentralised In the Railways. Secretary, Pension also stated that he
will write to the Chairman, Railway Board in this matter.
CGDA, Ministry of Defence intimated that they hope to complete the exercise by 30th September, 2013.
Action : CPAO, Ministry of Railways,
Ministry of Defence & DOP&PW
(iv) Fixation
of Revised Pension (1/3rd of commuted portion of pension) in respect of
Government servant who had drawn lump sum payment on absorption -
revision by multiplying pre revised 1/3rd pension by a factor of 2.26.
CAT,
Hyderabad Bench, vide its order dated 22.4.2013, has directed, to pass
an order for revision of
pension of absorbee pensioner’s. The Staff Side
was informed that the matter was under examination in consultation with
Department of Expenditure.
(V) Commutation of Pension
(a)
Revision of old / new commutation table and
(b)
Restoration of commutation period to be reduced from 15 to 12 years.
It
was explained that the matter of revision of old/new commutation table
was discussed with Department of Expenditure. It was observed that this
issue should be considered by the next pay commission.
JCM
intimated that by the new commutation table, the restoration of the
commuted portion is completed by 11 years because interest rate is at 8%
unlike the old table wherein the restoration period was after 15 years
because interest rate was taken at 4.75%. Department of Expenditure
stated that issue for this old/new commutation table can be studied only
by a specialised body and hence could be looked into by the IRDA.
However, these are larger issues for which a holistic view needs tobe
taken by a body like the Pay Commission. However, the matter may be
referred to Department of Expenditure.
(vi)
Family pension to divorced/Widowed/Unmarried daughter of a Government Servant.
Difficulty faced by them in getting family pension sanctioned.
Life Time Arrear.
JCM did not raise any specific point in this regard. In fact, it was
mentioned by the JCM members that the legal view on the issue of
nomination of life time arrear of family pension is that since he/she
has not earned the family pension he/she also can not have the right to
nominate. As such, the matter may be dropped.
(vii)
Payment of arrears of pension/family pension on account of revision of pension/family pension with effect from 1.1.2006.
Specific case of bank In Chandrapur.
It
was informed that the matter was taken up with CPPC, Mumbal (SBI), who
informed that the payment to pensioners is being made and there is no
such case where pension has not been revised as per
6th CPC. Hence the
matter may be dropped.
(viii)
Payment of Pension to the spouse of pensioners through S.B. account opened jointly with spouse
-
Problem in SBI.
CPAO
has informed that necessary instructions in this regard have been
issued to all CPPCs with the direction to bring the contents to the
notice of all paying branches. CPAO was requested to give a copy to the
JCM. It was decided to drop the matter.
3. The representatives of
JCM also desired the status of eight agenda items sent by Shri Shiva
Gopal Mishra, General Secretary, AIRE which were not included may also
be intimated clearly. This may be informed to him separately.
4.
After above discussion on Action Taken Report on the minutes of meeting
dated 6.11.2012, fresh agenda items were taken for discussion which are
as under
(i)
Equitable Gratuity under Rule 50 of Pension Rules. Slabs are too wide leading to disparity.
Rule 50 of Pension Rus provide the following death gratuity to the family of the deceased Government servant.
| SI.No. | Length of service | Rate of death gratuity |
| 1 | Less than one year | 2 times of emoluments |
| 2 | One year or more but less than 5 years. | 6 times of emoluments. |
| 3 | 5 years or more but less than 20 years. | 12 times of emoluments. |
| 4 | 20 years or more. | Half
month of emoluments for every completed six monthly period of
qualifying service subject to a maximum of 33 times of emoluments. |
The JCM (Staff Side) has stated that the slab given at SI. No. 3 above is not equitable and suggested the following revision
| 3(i) | 5 years or more but less than 11 years | 12 times of emoluments. |
| 3(ii) | 11 years or more but less than 20 years | 20 times of emoluments. |
This
issue was discussed in the JCM meeting. The present slab of death
gratuity was introduced w.e.f. from 1.1.1986 and was introduced as per
the recommendations of 4th Central Pay Commission, vide this
Department’s OM No. 2/1/1987-PIC-II dated 14.4.1987, This slab has not
been revised since 1986. In between, the 5th and 6th Pay Commission had
submitted their reports but no revision had been recommended. After
discussions, it was decided that the matter may be examined in
consultation with Department of Expenditure.
Action: DOP&PW
(ii) Extension of CS (MA) Rules, 1944 to Central Government Pensioners residing in non-CGHS areas.
The
Staff Side demanded that as in the case of serving employees, the CS
(MA) Rules may be extended to the pensioners also. This would make
pensioners in the non
CGHS areas entitled for reimbursement of medical
expenses. Staff Side also mentioned that Honble Supreme Court has
dismissed some SLPs and allowed reimbursement of medical examination of
pensioners, in accordance with CS (MA) Rules.
The representative
from Ministry of Health informed that the proposal for extension of CS
(MA) Rules 1944 to Central Government pensioners was not agreed to in
view of huge financial impliations. In regard to the dismissal oF SLP
flied by Department against order of courts/tribunals for grant of
medical benefits irn individual cases, Ministry of Health has flied a
review petition in Supreme Court. It was also informed that Ministry of
Health is contemplating Health Insurance Scheme on pan India basis
keeping special focus on the non CHGS areas. This Is expected to solve
the problems of pensioner’s living in non CGHS areas. The item was
treated as closed.
(iii) Grant of modified parity with reference
to the Revised Pay Scale corresponding to pre revised Pay Scale of the
post from which an employee had retired — upgraded pay scale Instead of
normal replacement scales.
The JCM suggested that upgraded
revised pay scales may be notionally extended and used for pension
fixation instead of normal replacement scales.
It was informed
that after the 5th Pay Commission also modified parity was allowed with
reference to replacement pay scales and not with the upgraded pay
scales. This decision of Government was also upheld by Supreme Court in
its judgement dated 23.11.2006 in the CA No. 3173-3174/2006 &
3188-3190/2006 (K. S. Krishna Swamy Vs. UOI). In the
6th CPC the same
principle has been followed in view of the above. It was informed that
it would not be possible to reopen this issue.Therefore, the Ítem may be
closed.
5. The meeting ended with a vote of thanks to the chair.
Source: AIRF
[http://www.airfindia.com/DOPT/Minutes%20of%20Pensionary%20Benefit%20Meeting_12.06.2013.pdf]
