27th Meeting of SCOVA: Items/Issues suggested for inclusion
in the Agenda of the meeting - Illegal recovery of over payment
pension, Smart Card to RELHS, Life time family pension, Pension Revision
as PCAT Order etc.
N F RAILWAY PENSIONERS' ASSOCIATION
Registered No. 1464
Standing Group Member. SCOVA
Identified by Ministry of Pension , Govt of India
Affiliated to Bharat Pensioner Samaj, New Delhi
Head Office : Pension Bhavan , Rest Camp, Pandu,
Guwahati - 781012, Assam
No. NFRPA/SCOVA/2015
Date :01-09-2015
ToUnder Secretary
Govt of India
Ministry of Personnel Public Grievances & Pensions
Department of Pension & Pensioners' Welfare
New Delhi - 110003
Sir,
Sub : 27th Meeting of SCOVA
Ref : Your letter No. 42(0712015-P&PW(G) dt. 25th Aug 2015
In
confirming our participation In the meeting of SCOVA. I on behalf of
the organization extend thanks for including the name of our Association
in the Standing Group of Non Official Members of SCOVA the requisite
information as asked for is furnished below.
1. Items/Issues suggested for inclusion in the Agenda of the meeting
The items are attached below.
2. Name of the representative of the Association to attend the meeting:-
Name : Shri Sakti May Kanjilal. General secretary
Contact No. +919954499382, Email : nfrp32010@gmail.com
Alternate Representative
Shri Bimalendu Chakrabortv, It.GenI.Secy
Contact No. 08016135 , Email : bimalendu1947@gmail.com
With regards.
Yours Sincerely,
537W
(s M KANJILAL)
General Secretary
Items and Issues for SCOVA Agenda
1. Illegal recovery of over payment of Pension
The O M no 45/10/98-P&PW(A}dated 17-12-1998 reads "The
President is now pleased to decide that w.e.f 1.1.96, pension of all
pensioners irrespective of their date w.e.f 1.1.96. pension of all
pensioners irrespective of their date of retirement shall not be less
than 50% of the minimum pay in the revised scale of pay introduced
w.e.f. 1.1.96 of the post last held by the pensioner." This
stipulate that at the time of revision of pension w.e.f. 01-01-1996 ,
the minimum pension is to be fixed at 50 96 of the Minimum of the
revised pay scale corresponding to the pre revised pay-scale introduced
to the post from which the employee had retired. in other words, the
consolidated revised pension as on 01-01-1996 has to be stepped up to 50
96. of the minimum of revised pay scale corresponding to the pay in the
pre-revised pay scale of the post held by the pensioner in case the
revised pension falls short of 50% of Minimum Pay in the revised Pay
Scale. All affected pensioners were being paid accordingly w.e.f.
01-01-1996.
Later in pursuance to O.M. No.
38/37/08-P&PWIA) dated 2801-2013 of Deptt of Pension &
Pensioner‘s Welfare, Govt of India. Pension of pre-2006 pensioners were
revised upwards subject to the minimum calculated and indicated in
column 9 of the table attached to the O M dated 28.01.2013.
Unfortunately while implementing orders of O M dated 28.01.2013,
Pre-2006 pensioners of Indian Railways suffered a setback as their
pension was revised to their disadvantage and recovery ordered/commenced
for no fault of the pensioner. Following example is placed to further
clarify the issue:
The particulars furnished based on PPO issued after respective Pay Commissions.
Name: Shri INDRA NARAYAN WADADER.
Date of birth :01-06-1933, Date of retirement : 31-05-1991, Qualifying Service : 33years,
PPO No. Pno/Pen/Engg/14OS
(a) At the time of retirement in the Scale of 4th CPC
Pay scale at the time of retirement : Rs. 1400 - 2300, Pension: Rs.791
(b) At the time of 5th CPC scale w.e.f 1.1.96
Revised scale to the post as on 1.1.96 : Rs. 5000 - 8000
Consolidated Pension : Rs. 2409
Minimum Pension : Rs. 2500
(50% of the Minimum revised pay introduced to the Post as per Circular)
(c) Pension revised at 6th cpc w.e.f 01-01-2006
Revised scale in 1.1.1996 : Rs. 5000 - 8000
Consolidated pension : Rs. 5446
Corresponding scale to the post : PB Rs. 9300 -34800 GP Rs. 4200
Minimum Pension : Rs. 6750
[Fitment policy of fixation: Minimum Pay x 1.86 + PB]
Pension stepped up to the Minimum : Rs. 6750 w.e.f 1.1.2006
Pension re-revised vide OM dated 28-01-13 w.e.f 01.01.2006 and 24.09.2012
Pension wef 1-1-2006 - Rs. 5446
Pension wef 24-09-2012 - Rs. 5585
Recovery of overpayment started @ Rs 5000/ - PM s by PDA
From
the above it is observed that in re~revising the pension revision of
pension has been done by misinterpreting the Concordance Table. it is
evident that. Concordance Table so attached to facilitate revision of
Minimum Pension, is a post based Concordance Table which was interpreted
by the authority as Scale based.
This
downward revision in VI CPC when no clerical error is involved, is in
violation of Rule 90 of Railway Services Pension) Rules. 1993.
correspond to the Rule 70(i) of CCS (Pension Rules 1972.(Ref: DOP&PW
No. 45/86/97-P&PWIA)-Part-III dt 24 July.1998).The association
submits that effecting recovery from pensions after 14 years and that
too when the pensioner is not at fault for over payment is not only
unjustified but against all cannons of justice judicial pronouncements
.Besides, The re-revision of Pension as above needs to be reviewed in
its proper perspective and the recovery ordered should be stopped
forthwith and amount recovered from the pensioners/ Family Pensioners
may be refunded.
2 Non issue of Medical SMART CARD to RELHS Card holders of Railway Pensioners.
This
has been brought to our notice that the Railway Medical Authority has
not issued Medical Smart Card in most of the Railways. The condition of
Railway Medical Service is not in its desired level so far the regular
treatment of Pensioners is concerned. Requested to take
necessary steps3. introduction of simplified procedure for application of grant of life time family pension to unmarried/widow/divorce daughter
Since
the introduction of grant of family pension to the unmarried
/widow/divorce daughter of the pensioner, no proper guide line has been
issued to the different railways in respect of the documents to be
submitted and procedure to be followed. neither is there any common
format to be filled in by the applicants , and as a result .such
pensioners are facing immense troubles. Hence, it is requested to
formulate a common format of applications and the procedure to be
followed for the convenience of the applicant.
In the greater
interest of the poorer section of Widow/Divorced daughter of the
pensioner the criteria for grant of life time family pension introduced
in the recent past may please be modified so that genuine distressed
daughters get the facility.4. Incorrect implementation of PCAT order dated 01.11.2011 in OA 655/2010, which quashed DOP & PW OMs of 3.10.2008, 14.10.2008 & 11.02.2009
Ref:-
OM 38/37/08-P&PW(A) dtd 30.07.2015,38/37/08-P&PW(A) dated
28.01.2013 Reg revision of pension of pre~2006 pensioners & the
recommendations of Committee on the issue related to Defence Service
personnel and Ex- Servicemen-2012 Revision of pension of pre-2006
pensioners Sir, I wish to point out that OM 38/37/08-P8PW(A) dtd
30.07.2015 is not implementation of Hon’ble PCAT order dated 01.11.2011
in OA 655/2010 in letter 8: spirit. It is in fact extension of OM 38/37/
08-P&PW(A) dated 28.01.2013 issued prior to final confirmation of
PCAT order by the Honorable supreme court which happened on 17.3.2015 on
dismissal of Govt. SLPS. On 28.1.2013 the issue was subjudice & the
OM dated 28.1.2013 had no linkage with PCAT judgment in OA 655/2010 OM
dated 28.01.2013 had a linkage with PCDA(pension) Circular No.500 Dated:
17th January 2013. which was based on recommendations of Committee on
the issue related to Defense Service personnel and Ex. Servicemen. PCAT
order dated 01.11.2011 in OA 655/2010 quashed DOP & PW OMs Of
3.10.2008 , 14.10 2008 & 11.02.2009. Directing the Govt. to revised
pension of all pre 2006 pensioners w.e.f 01.01.2006 as per OM
38/37/08-P&PW (A) dated 01-09-2008 which does not provide reduction
of minimum guaranteed Pension on pro-rata to qualifying service. Thus
Para 5 of OM dated 28.01.2013 was in contradiction to PCAT judgment
dated 01.11.2011 under reference, its continuation vide even No OM dated
30.7.2015 Para 4 amounts to contempt of Hon'ble PCAT which needs to be
set right w/o any delay. Under signed therefore, on-behalf of Bharat
Pensioners Samaj, the largest Federation of Indian Pensioners, request
you to review OM 38/37/08-P8PW(A) dtd 30.07.2015 to rectify the
discrepancy pointed out.
5.Inclusion of Pension Federations in Standing Groups of SCOVA
The SCOVA functions to promote the following objectives
(i)
To provide a feed back on implementation of policies/programme of the
Department of Pension and Pensioners' Welfare. (ii) To discuss and
critically examine the policy initiatives; and (iii) To mobilize
Voluntaryefforts to supplement the Government action.
Exclusion
of major "Federations of Pensioners" like Bharat Pensioners Samaj would
reduce the representative character of the SCOVA
More
over, resolution circulated vide F. No. 42/8/2013-P&PW(G)
Government of India Ministry of Personnel, Public Grievances &
Pensions (Department of Pension & Pensioners' Welfare) Date: 18
July,2013 clearly states that the Standing Group would serve for three
terms of two years each that means tenure of Standing Group was
upto2019. The resolution dated 18.7.2013 does not mention that Terms
& conditions of resolution circulated vide
41/22/2008-P&PW(G)29/OS/20092009 Will continue to apply.
In the light of the above submissions. SCOVA reconstitution may be reviewed.
0 comments:
Post a Comment