2nd Option of Pension for Compulsorily Retired Officers/Employees

2nd Option of Pension for Compulsorily Retired Officers/Employees

Indian Banks' Association
HR & INDUSTRIAL RELATIONS

No.HR&IR&HR/CIR/G2/BRK/4684

March 16, 2018

Chief Executives of Member Banks which
are parties to the Bipartite Settlement

Dear Sir/Madam,
2nd Option of Pension for Compulsorily Retired Officers/Employees

The United Forum of Bank Unions (UFBU) representing workmen and officers in Banks were requesting to allow another option to those Who were in the service Of the Banks prior to 29th September, 1995 in case of Nationalized Banks / 26th March, 1996 in case of Associate Banks of State Bank of India and continued in service on or after that date and did not opt for pension when offered as per the scheme.

2. After holding various rounds of discussions in the matter, consensus was arrived at between the parties and a Bipartite Settlement/Joint Note was signed on 27.4.2010 to extend another option of pension to those Workmen / Officers who:-

(a) were in the service of the Bank prior to 29th September, 1995 in case of the Nationalised Banks/26th March, 1996 in case of Associate Banks of State Bank of India and continue in service of the Bank on the date of signing above mentioned Bipartite Settlement/Joint Note;
(b) exercise an option in writing within 60 days from the date of offer, to become a member of the Pension Fund and
(c) authorise the Trust of the Provident Fund of the Bank to transfer the entire contribution of the Bank along with interest accrued thereon to the credit of the Pension Fund. In addition, the individual employee/officer has to pay @ 2.8 times of the revised pay for the month of November 2007.
(d) were in service of the Bank prior to 29th September 1995 in case of Nationalised Banks /26th March 1996 in case of Associate Banks of State Bank of India and retired after date and prior to the date of above mentioned Bipartite Settlement/Joint Note i.e. 27.04.2010;
(e) exercise an option in writing within 60 days from the date or offer to become a member of the pension fund and,
(f) refund within 30 days after expiry of the said period Of 60 days, the entire amount Of the Bank's contribution to the Provident Fund and interest accrued thereon received by the employee/officer on retirement together with the payment over and above the said amount at 56% of the amount.

3. Families of above mentioned employees officers were also made eligible for said option subject to refund of Bank's contribution to the Provident Fund received by them as mentioned in point (f) above.

4. 2nd option of Pension was, however, not made available to the employees/officers who were compulsorily retired by the Bank. As such, some of these aggrieved employees/officers approached different Hon'ble High Courts seeking relief in the matter. Various Hon'ble High Courts viz Andhra, Madras, Madhya Pradesh, Punjab & Haryana and Patna have ruled in favour of the employees\officers who were compulsorily retired. However Hon'ble Delhi High Court has taken a contrary view on the technical ground.

5. The matter was placed before the Standing Committee on HR of IBA in its meeting held on 07.12.2017. Aner deliberations, the committee recommended to place the matter before the Managing Committee of IBA. Accordingly. the matter was put up to the Managing Committee of IBA in its meeting held on 29.12.2017. The committee advised to seek legal opinion on the judgements as to whether 2nd option of pension may be allowed to all ex-officers/ex-employees who were compulsorily retired from Bank’s service between 29.09.1995 to 27.04.2010 or only selectively to those who approached the Bank for the same.

6. The legal opinion from Shri S.D.Kelkar, Senior Partner, Kelkar & Associates whose services have been engaged in IBA as retainer, Was obtained in the matter, His opinion is as under:

"Having considered the decisions rendered by the Hon'ble High Courts of Andhra Pradesh, Madras, Madhya Pradesh, Punjab & Haryana, Patna which have ruled in favour of the employees/officers who were compulsorily retired way way of punishment/ on the ground that they are covered by the Joint Note as well as decision of the Hon'ble Delhi High Court which has taken a contrary view on the technical ground and the fact that SLPs preferred against the Judgments of the High Courts which had ruled in favour of the employees were dismissed though such dismissal cannot be considered as law laid down by the SC., we are of the considered view the banks are bound to give 2nd option to all the employees/ officers who were compulsorily retired and who fall within the ambit of the Joint Note to exercise option for the following reasons:-

The Joint Note does not distinguish between voluntary retirement, superannuation, premature retirement, compulsory retirement.

Even the employees/ officers who are compulsorily retired by way of punishment are eligible for pension under the pension regulations.

Banks being "State" within the ambit of Article 12 of the Constitution of India should act in a fair and reasonable manner and should not restrict it only those who demand it. Such stand, if any, adopted by the banks may invite strictures from Courts'.

7. The views of the Legal Retainer of IBA were placed before the Managing Committee of IBA in its meeting held on 25.01.2018. The committee after deliberation concurred with the legal opinion placed before it and advised to inform all PSBs accordingly. The exact modus operandi of the extension of 2nd option to compulsorily retired employees/officers was to be worked out in discussions with GMs (HR) of PSBs to decide on a uniform methodology which will stand scrutiny of court.

8. To work out the methodology in this regard, a meeting of the GMs (HR) was convened on 28.02.2018 at IBA. After detailed discussions, a consensus has been arrived at to extend the option of pension to compulsorily retired employees/officers on same terms & conditions as are mentioned in Bipartite Settlement/Joint Note dated 27.04.2010, As per the agreed terms & conditions of said Bipartite Settlement/Joint Note, Pension/Family Pension shall be payable with effect from 27th November, 2009, provided that employees/officers who are compulsorily retired after that date shall get pension from the respective dates of such retirement. Court cases, if any, in the matter may be withdrawn forthwith.

9. Please do the needful accordingly.

Yours faithfully,
sd/-
B Raj Kumar
Deputy Chief Executive

Source: http://www.iba.org.in/

Opening of Office on Holidays

Opening of Office on Holidays

Ministry of Personnel, Public Grievances & Pensions

As per Fundamental Rules (F.R.) No.11, the whole time of a Government servant is at the disposal of the Government which pays him, he may be employed in any manner required by proper authority without claim for additional remuneration.

Sometimes with a view to meeting the exigencies of work such as when a Government business has to be transacted immediately or a deadline is to be met, the Head of Office can, in the interests of public service, take a decision to keep the offices open fully or partially even on public holidays. The staff who are deployed on official duty on public holidays are, however, compensated by granting them compensatory leave.

Need for laying down procedure for registering complaints in case of any Government/private office remaining open on public holidays has not been felt.

This was stated by the Minister of State for Personnel, Public Grievances & Pensions and Prime Minister's Office, Dr. Jitendra Singhin a written reply to question in the Lok Sabha today.

PIB

Interaction with the Joint Secretary(BC), Commission for Sub-Categorization of OBCs

DoPT: Interaction with the Joint Secretary(BC), Commission for Sub-Categorization of OBCs

Reminder - II

No. 21/1/2016-CS.1 (PR/CMS)
Government of India
Ministry of Personnel, PG and Pensions
Department of Personnel & Training

OFFICE MEMORANDUM

2nd Floor, Khan Market,
New Delhi-110003

Date: 21st March, 2018.

SUBJECT:- Interaction with the Joint Secretary (BC), Commission for SubCategorization of OBCs - regarding.

The undersigned is directed to refer to this Division's OM of even number dated 20.02.2018 and 27.02.2018 on the above cited subject matter and to state that on scrutiny of the data available on CSCMS portal, it is observed that many

Ministries/Departments have not yet updated the information with reference to Categorization/Sub-Categorization of aBC officers, along with the data relating to the "State" from which aBC candidates appeared/selected in respect of CSS cadre (ASO to JS-in-situ) in the CSCMS portal.
 
2. As the data is urgently required by the Commission for Sub-Categorization of a BC Officers, the concerned Ministries/Departments are once again requested to take up immediate necessary steps for updating the information in the CSCMS portal, by 28th of March, 2018. The concerned Officials may also be sensitized to get their data updated in the system, in a time bound manner.

To,
All Ministries/Departments
Director/Deputy Secretary (Admn.)
(Through website of this Department)

(Anil Tripathi)
Under Secretary to Government of India
Tele: 24629412

Source: DoPT

Instructions for the purchase of laptops, notebooks and similar devices for eligible officers revised guideline

Instructions for the purchase of laptops, notebooks and similar devices for eligible officers revised guideline

F.No. 08(34)/201 7-E II(A)
Ministry of Finance
Department of Expenditure
E.II(A). Branch

New Delhi, the 20th February, 2018

OFFICE MEMORANDUM

Subject: Instructions for the purchase of laptops/notebooks and similar devices for eligible officers - revised guidelines.

In supersession to this Ministry's Office Memorandum bearing No. 08(64)/2017-E.II(A) dated 27th September 2016, regarding purchase of Note Book/Lap-Top computers by Ministries/ Departments & delegation of powers thereof, it has been decided that laptop; tablet; notepad; ultra-book; notebook, net-book or devices of similar categories may be issued to officers of the rank of Deputy Secretary and above for discharge of official work. These powers shall continue to be exercised in consultation with the Financial Adviser by the Secretary of the Ministry/ Department or any other authority who are specifically delegated these powers by this Ministry from time to time, duly taking into consideration the functional requirements and budgetary provisions.

2. This would, however, be subject to the following conditions:

(i) Cost of device: The Cost of device including Standard software shall not exceed Rs. 80,000/-
Standard Software: Any software (Operating System, Antivirus software or MS-Office etc.) that is essential for the running of device towards discharge of official functions/duties.

(ii) Purchase Procedures: As prescribed under GFRS/CVC guidelines may be followed.

(iii) Safety, Security & Maintenance of Device: The officer, who is given the device, shall be personally responsible for its safety and security as well as security of data/information, though the device shall continue to remain Government property. The officer concerned will be at liberty to get the device insured at his personal cost.

(iv) Retention/Replacement of device:

a) No new device may be sanctioned to an officer, who has already been allotted a device, in a Ministry /Department, up to five years. Any further issue of laptop in case of loss/damage beyond repairs within the prescribed period, should be considered only after the cost is recovered from the officer based on the book value after deducting the depreciation.

b) For the purpose of calculation of the book value, a depreciation of 25% per year, on straight line method, be adopted.

c) Post the completion of five years of usage, the officer shall retain the issued device.

(v) Conditions at the time of transfer, Superannuation etc.:

a) ln case where, at the time of purchase of device if the residual service of the officer is less than 5 years or in case the officer is transferred/deputed to State Govt. but with residual service of less than 5 years or the officer leaves the Government Service within 5 years of purchase of such device, the officer concerned will have the option of retaining the device by paying the amounl after deducting the depreciation.

b) Upon transfer/deputation of the officer to other Ministry/ Department Attached/ Subordinate offices of the Government of India or to the State Government in case of Officers of the All India Services, the officer will have the option of retaining the existing device and in case of such retention, this fact should be specifically mentioned in the Last Pay Certificate (LPC).

3. Instructions for Ministries/Departments:

(i) For the officials who are currently holding laptops, notebooks or similar devices in accordance with the provisions of O.M. dt. 27/09/2016, the terms & conditions for retention/disposal of the device shall continue to be governed under the existing instructions of the said O.M.

(ii) The applicability of the provisions of this order to the officers of Armed Forces / Para-Military Forces, officers of MoD & other similar establishments would be subject to restrictions imposed by the concerned departments/organizations duly taking into consideration the security of information. In all such cases the security of the information shall be the responsibility of the concerned department.

4. This is issued with the approval of Secretary (Expenditure).

(Dr. Bhartendu Kumar Singh)

Directo(E.IIA)

Source: DoE

Department of Posts - Grant of Dearness Allowance to Central Government Employees

DA Order Jan 2018 - Department of Posts

F.No.8-1/2016-PAP
Government of India
Ministry Of Communication
Department of Posts
(Establishment Division) /P.A.P.Section
Dak Bhawan, Sansad Marg, New Delhi - 110 001

Dated 19th March,2018

To
1. All Heads of circles
2. All heads of postal Accounts Offices
3. Deputy Director General (PAF)/CGM,PLI/CGM,BD
4. ADG (ADMN) Postal Directorate
5. All heads of postal staff college/P.T.Cs

Sub: Grant of Dearness Allowance to Central Government Employees - Revised Rates effective from 1.1.2018

I am directed to forward herewith a copy of the Ministry of Finance, Department of Expenditure's Office Memorandum No.1/1/2018-E-II(B) dated 15th March, 2018 on the subject cited above for information, guidance and further necessary action.

This issue with the approval of the competent authority.

(K.V.Vijaykumar)

NFIR - Exemption of Railways from New Pension Scheme (NPS)NFIR - Exemption of Railways from New Pension Scheme (NPS)

NFIR - Exemption of Railways from New Pension Scheme (NPS)

Dated : 19/03/2018

No. IV/NPS/PFRDA BILL/Part I
Shri Piyush Goyal,
Hon'ble Minister of Railways
Rail Bhavan,
New Delhi

Dear Shri Goyalji,
Sub: Exemption of Railways from New Pension Scheme (NPS) - reg.

Ref: (i) Hon'ble MR's D.o. No. 2012/F(E)III/1/4-Pt dated 29th March 2014 to Hon'ble Finance Minister, Government of India.
(ii) Hon'ble MR's D.O. No. 2012/F(E)III/I/4-Pt dated 20th Nov 2015 to the Hon'ble Finance Minister Shri Arun Jaitley.
(iii) NFIR's letter No. IV/NPS/PFRDA BILL/Part I dated l3th Feb, 2017,26th Oct, 2017 and 11/12/2017.
(iv) Railway Board's letter No. 2012/F(E)/III/1(1)/4-Pt dated 13/02/2018 to GS/NFIR.

Kind attention is invited to the correspondence cited under reference, latest being Railway Board's reply received vide letter dated 13/02/2018 wherein the Federation has been conveyed that the Hon'ble Minister of Finance and Corporate Affairs has communicated that the matter was re-considered in consultation with Pension Fund Regulatory and Development Authority (PFRDA) and the request for exempting Railway employees appointed on or after 01/01/2004 from the application of NPS does not seem to be a feasible proposition. While NFIR does not agree with the reply of Hon'ble Finance Minister, the Federation re-iterates the valid points placed below, urging upon the Railway Ministry to impress upon the Government, the need for exempting Railways from National Pension System (NPS).

The Ministry of Finance and the Pension Fund Regulatory and Development Authority (PFRDA) have failed to appreciate the facts that the nature of duties performed by the Railway employees is un-comparable, unique, complex, hazardous and akin to the duties being performed by the Armed Forces, in whose case the NPS has not been made applicable.

The Finance Ministry has also failed to appreciate that even during the British rule the Indian Railways was conceived and operated as an auxiliary wing of the Army by virtue of its complex nature of role and uniqueness of working of Railway employees which in turn requires a high degree of discipline, efficiency to run the services and carry passenger and freight traffic throughout the country including supplies to the borders of the nation.

The Finance Ministry has also failed to evaluate that it is the Indian Railways which works as supply line to the Armed Forces during crisis periods by transporting troops from one comer to the other including the nation's borders besides transporting Military hardware and other war material. In no way the performance of Railway employees can be underestimated than that of the Defence Forces Personnel.

Like Armed Forces, many of the Railway Personnel do stay away from their families for longer durations in the course of performing duties at remote places where minimum basic amenities like suitable accommodation, schooling, drinking water, health care facilities have been missing' Comparing the structure and importance of Railways with that of the Army, it would not be out of place to state that just as the 'Army requires a critical mass to fight battle/war, in similar way critical mass of trained employees is required to maintain Railway Tracks, Rolling Stock and ensure operation of services'. On an average over 700 Railway employees die per annum while performing their duties and nearly 3000 employees sustain injuries as reported by High Level Safety Review Committee (HLSRC) headed by Shri Anil Kakodkar. The sacrifices of Railway employees are unParallel.

Considering the strong merits in the demand of the Federation, Hon'ble MRs have written to the Minister of Finance to have a re-look into the case to be considered favourably to exempt Railways from the ambit of National Pension System (NPS).

Federation desires to mention that the Finance Ministry has erred and equally not considered the justified demand of the Railway employees projected by NFIR, perhaps applying different logic and ignoring the facts mentioned above. In this connection, NFIR reminds that the Federation leaders in the meeting held on 09th February, 2018 at Rail Bhavan, New Delhi had specifically requested the Hon'ble MR to kindly reach the Hon'ble Prime Minister for getting Railways exempted from the application of National pension System (NPS). It is a known fact that the NPS has generated lot of anger and anguish among the younger generation of Railway employees appointed on or after 01/01/2004 due to the inherent disadvantages of the NPS which does not guarantee even minimum pension i.e. half of the last pay drawn by the Railway employees.

NFIR, therefore, once again urges upon the Hon'ble MR to kindly take steps for reaching the Hon'ble Prime Minister for getting exemption of Railways from NPS at an early date'

With regards,
Yours Sincerely

S/d,
(Dr. M. Raghavaiah)
General Secretary

Source : NFIR