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sanjairail
22-11-2008, 11:32 AM
Dear All,

My case:


I have recently joined RailTel (a Ministry of Railway PSU) on absorption after giving technical resgination from my parent cadre of Indian Railways (where I was serving as Gorup A officer for last 16 years). I am not entitled to full pension, as my technical resignation was accepted only merely 20 days earlier to a notification - issued by Ministry of Personnel, Public Grievances & Pension (Office Memorandum dated 02-09-2008 (F. No. 38/37/08-P&PW (A))). A para 5.3 & 5.4 of the same OM reads as:-

"the pension of all employees governed by CCS (Pension) Rules 1972 and covered under Rule 49(2)(b) of CCS (Pension) Rules 1972, pension shall be paid at 50% of the emoluments or the average emoluments, whichever is more beneficial to the Government servant, to those pensioners who retire on or after 02-09-2008."

The said para 5.4 of the OM clarifies further that the Government servants who have retired on or after 1-1-2006 but before the date of issue of this OM will continue to be governed by the rules/orders which were in force immediately before coming into effect of these orders.


Discrimination (Violation of Fundamental Rights - Article 14: Right to Equality)


This OM has discriminated against pensioners by creating two classes based on the date of retirement. It has therefore created a differential treatment to pensioners related to the date of retirement qua the revised formula for computation of pension. With reference to Honble’ Supreme Court decision in D.S. Nakara & Other vs. Union of India (AIR 1983 SC 130), the OM under reference is against the spirit of the judgment of Honble’ Supreme Court, attracting violation of Article 14 of the Constitution.

The Hon’ble Supreme Court, while explaining the principles relating to pension in another judgement of Col. B. J. Akkara (Retd) v. Govt of India (AIR 2006 11 SCC 709), have clearly specified that any amendment to the formula for computation of pension shall be applicable for all pensionable retirees irrespective of their date of retirement with effect from the date when the amendment takes effect. The para 20 (a) of Col B.J.Akkara v. Govt. of India (AIR 2006 11 SCC 709) reads as:-

“In regard to pensioners forming a class, computation of pension cannot be by different formula thereby applying an unequal treatment solely on the ground that some retired earlier and some retired later. If the retiree is eligible for pension at the time of his retirement and the relevant pension scheme is subsequently amended, he would become eligible to get enhanced pension as per the new formula of computation of pension from the date when the amendment takes effect. In such a situation, the additional benefit under the amendment, made available to the same class of pensioners cannot be denied to him on the ground that he had retired prior to the date on which the aforesaid additional benefit was conferred.”

The Hon’ble Supreme Court further elucidates while concluding the same para 20 in the judgment:-

“What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut off date arbitrarily thereby dividing a single homogeneous class of pensioners into two groups and subjecting them to different treatment.”

It will not be out of place to state that the grant of pension is a statutory & obligatory duty of the state and no discrimination whatsoever can be made in the manner in which it is being made by way of Notification dated 02-09-2008.


An Open Call to All Similarly Placed


I therefore call all similarly placed people to join me and many other in my organisation to fight this case either in Honble' High Court OR Honble' Supreme Court, for issuing directives to concerned Ministries to impement Honble Supreme Court guidelines in this respect.


Sanjai Kumar
General Manager
RailTel

Kanaujiaml
17-01-2009, 07:45 PM
Dear All,

My case:


I have recently joined RailTel (a Ministry of Railway PSU) on absorption after giving technical resgination from my parent cadre of Indian Railways (where I was serving as Gorup A officer for last 16 years). I am not entitled to full pension, as my technical resignation was accepted only merely 20 days earlier to a notification - issued by Ministry of Personnel, Public Grievances & Pension (Office Memorandum dated 02-09-2008 (F. No. 38/37/08-P&PW (A))). A para 5.3 & 5.4 of the same OM reads as:-

"the pension of all employees governed by CCS (Pension) Rules 1972 and covered under Rule 49(2)(b) of CCS (Pension) Rules 1972, pension shall be paid at 50% of the emoluments or the average emoluments, whichever is more beneficial to the Government servant, to those pensioners who retire on or after 02-09-2008."

The said para 5.4 of the OM clarifies further that the Government servants who have retired on or after 1-1-2006 but before the date of issue of this OM will continue to be governed by the rules/orders which were in force immediately before coming into effect of these orders.


Discrimination (Violation of Fundamental Rights - Article 14: Right to Equality)


This OM has discriminated against pensioners by creating two classes based on the date of retirement. It has therefore created a differential treatment to pensioners related to the date of retirement qua the revised formula for computation of pension. With reference to Honble’ Supreme Court decision in D.S. Nakara & Other vs. Union of India (AIR 1983 SC 130), the OM under reference is against the spirit of the judgment of Honble’ Supreme Court, attracting violation of Article 14 of the Constitution.

The Hon’ble Supreme Court, while explaining the principles relating to pension in another judgement of Col. B. J. Akkara (Retd) v. Govt of India (AIR 2006 11 SCC 709), have clearly specified that any amendment to the formula for computation of pension shall be applicable for all pensionable retirees irrespective of their date of retirement with effect from the date when the amendment takes effect. The para 20 (a) of Col B.J.Akkara v. Govt. of India (AIR 2006 11 SCC 709) reads as:-

“In regard to pensioners forming a class, computation of pension cannot be by different formula thereby applying an unequal treatment solely on the ground that some retired earlier and some retired later. If the retiree is eligible for pension at the time of his retirement and the relevant pension scheme is subsequently amended, he would become eligible to get enhanced pension as per the new formula of computation of pension from the date when the amendment takes effect. In such a situation, the additional benefit under the amendment, made available to the same class of pensioners cannot be denied to him on the ground that he had retired prior to the date on which the aforesaid additional benefit was conferred.”

The Hon’ble Supreme Court further elucidates while concluding the same para 20 in the judgment:-

“What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut off date arbitrarily thereby dividing a single homogeneous class of pensioners into two groups and subjecting them to different treatment.”

It will not be out of place to state that the grant of pension is a statutory & obligatory duty of the state and no discrimination whatsoever can be made in the manner in which it is being made by way of Notification dated 02-09-2008.


An Open Call to All Similarly Placed


I therefore call all similarly placed people to join me and many other in my organisation to fight this case either in Honble' High Court OR Honble' Supreme Court, for issuing directives to concerned Ministries to impement Honble Supreme Court guidelines in this respect.


Sanjai Kumar
General Manager
RailTel

My dear Sanjaiji. You are absolutely right. I could see your post only today as it is a new thread. No. of threds are running at one and same time. I generally participate in " Justice .........." thread. I would request you to join there and present your case. Mr. kkhameedkutty is having same problem as you and he is participating there, too. I have been telling everybody that we should all fight only for one thing i. e. equal treatment to all pensioners and one single date for implementation. Our ground is C B of SC judgment dated 17 02 1982 and other similar judgments till date, which are all favorable to this particular point. Recent Report of Chadha Commission is also helpfull and I am told, this has been accepted by Govt. now. My view is that we should send representations to PM, Presideent of India, Railway Board, Ministry of Personnel etc. etc. We must register our girievance on online sites also.

G.Ramdas
27-05-2009, 10:03 PM
The latest circular issued by DP&PW on 27.05.09 the above subject can be seen from the following link:

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/Pension/4-38-2008-p&pw(d)_27052009.pdf


G.Ramdas

ramanrao60
02-07-2009, 07:22 PM
i was permantly absorbed in central autonomous body wef jun 1988 and transferd to pension estt-was drawing 1760 pay in 1640-2900 scale-intially sanctioned min pension 375 and revised to 1275-commuted 100%-restored 425 pm(1/3) after 15 yrs-whts my entitlemnt now?

veekumarv
25-04-2010, 06:03 PM
Dear Sanjai Kumar,

I am a pre-1996, pro-rata, PSU absorbee (Non-Commuted) pensioner. Before absorption, I was working as a Group-A officer under the Ministry of Power until 31.12.1995. As on 1.1.1996, I had got absorbed in the services of Power Grid Corporation of India Ltd. (a PSU under the Ministry of Power), following which I was granted pro-rata pension by the Govt.

I would like to know whether you got the benefit of Full Pension (and NOT pro-rata pension, as I was granted) following the decision of the Government accepting granting of Full Pension for all retirees w.e.f. 1.1.2006 as communicated vide OM F.No. 38/37/08-P&PW(A) dated 10th December 2009, since you were initially not covered within the ambit of the provisions contained in the para 5.3 of the OM dated 2.9.2008, as has been seen from your post, after your absorption in RailTel from Railways.

Regards,

Veerendra Kumar

Kanaujiaml
25-04-2010, 09:28 PM
Reference post of Shri Veekumarv above. Govt. has so far denied benefit of full pension to pre 2006 retirees after completing 20 yrs of service. There are two types of pro rata retirees, one who completed 20 yrs qualfying service and the two, who could not complete 20 yrs. of service. It also involves those who opted out of pension fold and joined PSU on non-pensional job. As per verdicts of DS Nakara Case and BJ Akkra case. there cannot be disparity in those who retired prior to 2006 and latter after completing 2o yrs. of service. Govt. does not accept it but law set by two judgements full upholds this. Regards.

veekumarv
27-04-2010, 10:35 AM
Thank you, Shri. Kanaujiaml, for your response. My case comes under the category of less than 20 years service, like Mr.Sanjai Kumar. As quoted by me in my post, para 5.3 of the concerned OM dated 2.9.2008 issued by DOP &PW, covers the case of less than 20 years service (but more than 10 years) where it is stated that those retired under Rule 49(2) of CCS Pension Rules, 1972 will also be paid pension @50% of the emoluments or average emoluments, whichever is more beneficial to the Govt Servant. Rule 49(2) of CCS Pension Rules is quoted below:

49(2)(a):
" In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty per cent of average emoluments, subject to a maximum of [four thousand and five hundred per mensem.];"

49(2)(b):
"in the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (a) and in no case the amount of pension shall be less than [Rupees three hundred and seventy-five] per mensem"

para 5.3 of the quoted OM effectively merges the above two clauses of CCS Pension Rules which transpires that, in all cases of retirement, w.e.f 1.1.2006, the pension granted is always Full Pension (i.e., @50%), and NOT pro-rata pension any more. I hope my interpretation is not wrong.

Thank you,

Veerendra Kumar

Kanaujiaml
28-04-2010, 01:37 PM
Thank you, Shri. Kanaujiaml, for your response. My case comes under the category of less than 20 years service, like Mr.Sanjai Kumar. As quoted by me in my post, para 5.3 of the concerned OM dated 2.9.2008 issued by DOP &PW, covers the case of less than 20 years service (but more than 10 years) where it is stated that those retired under Rule 49(2) of CCS Pension Rules, 1972 will also be paid pension @50% of the emoluments or average emoluments, whichever is more beneficial to the Govt Servant. Rule 49(2) of CCS Pension Rules is quoted below:

49(2)(a):
" In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty per cent of average emoluments, subject to a maximum of [four thousand and five hundred per mensem.];"

49(2)(b):
"in the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (a) and in no case the amount of pension shall be less than [Rupees three hundred and seventy-five] per mensem"

para 5.3 of the quoted OM effectively merges the above two clauses of CCS Pension Rules which transpires that, in all cases of retirement, w.e.f 1.1.2006, the pension granted is always Full Pension (i.e., @50%), and NOT pro-rata pension any more. I hope my interpretation is not wrong.

Thank you,

Veerendra Kumar

As far as I understand the various Govt. orders, full pension to post 01.01.2006 retirees is available if qualifying service is 20 yrs. or more. In case of less than 20 yrs of qualifying service, pension is to be fixed on pro rata basis.

ramanrao60
10-05-2010, 01:41 PM
one case of pension needs your study and comment
x working in 1640 scale after 12 years of service in central govt is permanently absorbed in a central autonomous body in 1988
he is sanctioned pension of rs 375 pm pro rata. his pay was 1760*12/33*.05.hence minimum pension was sanctioned
he commuted this pension 100 % in 1990
after 15 years in 2005 the pension was restored rs 425 which is 1/3 of 1275 the revised minimum pension as per V cpc and dp of rs 638
what is the effect of VI cpc orders on his entitlements?
do spare some time and effort to clarify