View Full Version : Dispensing with of 33 years service condition for 50% pension - 6th Pay comm.

Dr Charak
24-01-2011, 12:15 PM

I had taken voluntary retirement during July 2008 and my pension was fixed proportionate to my service as it was less than 33 years even by adding aditional 5-years. But During Dec. 2009, Govt of India revised its order and allowed the pensioners retired after 1.1.2006 to draw 50% pension of last emoluments drawn. Accordingly my pension authority refixed my all pensionary entitlements. In the process, my Gratuity went into negative. It was very clearly mentioned in my PPO that any recovery, if arrives because of revision in pensionary entitelments may be ignored.

But sadly in blatant disregard to such special mention, which is authorised by the Govt. of India in their revised order, have not been taken cognizance of by SBI authorities - my pension disbursing agency, despite my repeated personal & written requests. And a result SBI has recovered a huge amount (Rs. 30000) from my pension in one go and also continue to do the same on monthly basis i.e. Rs. 4000/ pm.

Would any one like to advice me what suitable action should I initiate, all my requests to various levels in the SBI hierarchy have failed so far - SBI even does not bother to reply to my letters those I am writing since Sep/ Oct. last year.


Dr K S Charak

24-01-2011, 12:55 PM
It is not clear as to how gratuity has become "negative". The change in rules by the Govt. can only result in additional payment of arrears. Kindly give further details like basic pay (pre-revised and revised), pensionary benefits already received, etc., for a detailed examinatin.


24-01-2011, 01:47 PM
My dear Dr. Charak. DOP issued OM dated 10.12.09 giving full pension at 20 yrs of qualifying service but also withdrew five years grace in qualifying service but with the condition that no recovery would be made against excess gratuity paid. While implementing the orders, some Ministries issued clarifications in respect of Para 4 of DOP's said OM. Railway Ministry vide Letter dated 08.07.10 has clarified that on refixation of pension, gratuity would also be recalculated but excess amount of gratuity paid already, would be adjusted and restricted to the extent of arrears of refixed pension only and no recovery as such would be done. Under such circumstances, no arrears of pension would be payable neither any recovery against gratuity would be done.

Dr Charak
24-01-2011, 03:33 PM
Dear Kanaujiaml,

Thanks for your further insight.
But the point of debate is even after adjustment of arrears on a/c of pension, the element of Gratuity still remained 'negative' - which as a matter of fact, as per Govt. orders, should not have been recovered, as my case is already "settled case". But SBI authorities do not listen to it nor have they any mind to logically apply/ implement Govt. orders. And recovered some arbitrary figure without giving any details.

Pl suggest me possible action/ remedy besides legal notice.

Dr Charak

25-01-2011, 08:21 AM
My dear Charak ji. You have given little information about efforts made by you to convince your bank.Have you obtained Pension refixation statement available with Bank in its Computers ? If not, do it now. They cannot refuse it. Each Bank has got a Centralised Pension Processing Centre, to which your Bank's Branch is associated with. You should put up an application to Chief Manager, Central Processing Centre through your Bank Branch, as well as sending an advance copy directly via speed post/registered post. You should give full facts of your case along with copy of DOP's letter, which you can obtain from http://pensionersportal.gov.in They would settle the issue in due course of time, I am sure.

Dr Charak
27-01-2011, 11:43 AM
Dear Mr Kanaujiaml,

Thanks once again for taking serious & prompt effort in the direction to resolve my 'pension arrears' issue.
At the outset, though I did not obtain Pension refixation statt. yet, as I worked out there is no anomaly in refixation of pension and subsequent monthly payment except the reason they had been deducting Rs. 4000/ pm till 12/10 (for 3 months). ( I had spoken to CPPC officials, probably at lower rung, who refused to revert recovery against 'negative' gratuity left after adjustment of 'positive' pension arrears)
The point of discussion, if I have failed to make it across, is they have affected some recoveries after working out the arrears of pension because of revised PPO, deducted from 'negative' Gratuity'. And when 'negative' still remained 'negative' after adjusting positive pension arrears, the bank still went for recovery to set off 'negative' gratuity which the bank is not authorised to because of protection under GoI dated 10.12.2009 and very clear 'Important Note' in the Rev. PPO.
I think I am pretty clear now.

But as advised by you in your reply I will seek pension refixation statt. ( in writing) thru the concerned bank br. but that is not the issue here.
Thanks once again for wonderful advice.
Warm regards.

Dr K S Charak, Pune.

17-02-2011, 06:52 PM
Dear Dr. Charak,
My personal experience in dealing with SBI, on an entirely different issue but connected with Pension,
is that they respond only to written Complaints, preferably through email, to their higher echelons.

Since you feel so strongly about being wronged by your Pension Disbursing Agency
(PDA) I would suggest that you give a written Complaint to your PDA.

And, follow it up--through email--with the following:
[email protected]
2.CPPC ( Central Pension Processing Cell) This is a Branch of SBI and their email can
be obtained by a 'site search' of the SBI website <http://goo.gl/4Pv4P>
[email protected]
4. Additionally, post a gist of your Complaint on their [Mailto] website.
( the website Complaint will give you a Complaint Registration No.)

If you can do this, I am confident that your Bank will have no option but
to go for an URGENT resolution of your Grievance.

After all, Pension is NOT a Privilege but a Right to enable the retired Govt
Servant to lead a Life of Dignity in keeping with his status while in Service.

With best wishes,
Harry Rakhraj.
PS: If you decide to go ahead with filing a Complaint, and should you face
any difficulty obtaining the relevant email ID, I shall be happy to be of any help.