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soodeep
25-06-2012, 12:24 PM
Respected Member/Senior Members,

One of my senior colleagues retired on 30.09.1996 (AN). The effect of commutation has been awarded in three different days due to implementation of report of V CPC.

At the first instance Rs. 605 was deducted w.e.f. 30.09.96
Secondly Rs. 1500 deducted w.e.f. 01.09.1998 and
Thirdly Rs. 60 deducted w.e.f. 01.05.2000

Thus, the total commutation of pension became Rs. 2160, deducted in three installments due to change from 33.33% to 40%

As per OM in 1996, restoration of pension will be awarded from the date, it has been deducted.

The additional commutation was worked out with respect to the age on next birthday, which rate was lower than that adopted at the time of retirement. Some pensioners of the office of the Director of Accounts (Post) Kaputhala filed a petition in the CAT at Chandigarh (OA/PB 2000) which decided on 16.10.2000 in favour of the petitioners with a direction to the department to pay the difference within 2 months and that no recovery, if due, from the concerned pensioners should be made.

My question is whether the restoration of commutation will effective from the age on next birthday, or from the date he commuted the value

Link of relevant OM may be given, if possible.

Victor
25-06-2012, 09:32 PM
Refer provisio to Rule 10A of CCS(Commutation of Pension), Rules 1981 in this regard.

According to this provisio "... when the commutation amount was paid on more than one occasion on account of upward revision of pension, the respective commuted amount of the pension shall be restored on completion of fifteen years from the respective date(s)".

Hence the commuted amount of pension in the instant case would be restored as follows:

w.e.f. 30.09.2011 : Rs. 605
w.e.f. 01.09.2013 : Rs.1500
w.e.f. 01.05.2015 : Rs. 60

Victor

soodeep
03-07-2012, 11:53 AM
But as per Swamy's Handbook 2011, it tells a different story.

I quote the total paragraph

Page No. 297, sl. No. 14

Restoration of commuted portion: Commuted portion of pension shall be restored on the expiry of 15 years from the date of retirement, if the commutation amount is received in the first month opf retirement; in other cases, the comuted portion of pension will be restored after fifteen years from the date of receipt of commutation amount. For this purpose, pensioner should apply to the Pension Disbursing Authority.

If the commuted value of pension is paid in two instalments due to retrospective revision of pension vide Rule 10, CCS (Commutation of pension) Rules, the date of restoration of that portion will also be same as for original commutation. - Rule 10, GID (3) & (3-A).

In the instant case, the pensioner got instalments because of recommendation of 5th Pay commission.

Your valued comments is reuired.

vnatarajan
04-07-2012, 06:18 AM
Yes. Sandeep ji is right.

I retired on 31 05 1997. My commutation (pre 5cpc revised) started from 3. 6.1997- ie immediately 2 days after the retirement date. Bank had already taken charge of my pension payments soon based on provisional ppo. My 5 CPC revised pension arrears were paid by he Dept in Jan 1998. It was clearly indicated in the Revised PPo that the Date of Commmutation will be the date from which Differential (Residual) Pension was being paid by the Banks. WE MUST REALISE THAT TILL 5 CPC IT WAS THE CASE THAT PARENT DEPTS/ ORGANISATIONS WERE only REVISING THE PENSION ( am I right?) AND HENCE THEY ADJUST ALL ACCOUNTS INCLUDING THE COMMUTATION ASPECT SO THAT THERE CAN BE ONE AND ONLY DATE OF COMMUATION.

MY FULL PENSION HAD BEEN RESTORED WEF 3 6 2012 after 15 years AND I HAVE RECEIVED MY PENSION AT "FULL PENSION RATE " ON JULY 1, 2012. NO TWO DATES OF RESTORATION OF COMMUTATION. ONLY ONE DATE.

Regards,
VN

RKPATHAK
04-07-2012, 09:00 AM
On completion of 15 years of actual receipt of commuted amount

vnatarajan
04-07-2012, 03:35 PM
What were the effective dates of commutations, if they have taken place on different dates due to revision?

THIS WAS PERHAPS THE DOUBT AND MR VICTOR HAS CLARIFIED THAT IF COMMUTATION HAD BEEN EFFECTED ON DIFFERENT DATES, SO ALSO THE RESTORATION WOULD BE ON DIFFERENT RATES. Right he is. But..........

Perhaps, in many cases, the parent department allows/ authorises for payment by Banks of arrears on revision, only on the Differential/Reduced Pension Rates and hence there is no question of more than one date of restoration in such cases! At least 5 CPC cases appear to be so in caseslike mine. My arrears were only wrt "revised" Reduced Rates of Pension as if the revised differential pension was effective ony from one date.

PENSIONER HAS TO CHECK HIS RECORDS/ BANK PASS BOOKS - ARREARS DRAWN ETC THOROUGHLY TO CLARIFY HIS OWN DOUBTS.

Regards,
VN

Victor
04-07-2012, 09:18 PM
Rule 10A which I mentioned in my earlier post, was inserted recently vide Rule 6 of CCS(Commutation of Pension) Amendment Rules 2010 (http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/notification-2806.pdf).

The logic is fair and simple. When additional commutable value of pension is payable from a subsequent date due to upward revision of pension, the pension will obviously be restored from the respective dates when pension was reduced.

In the instant case Rs. 1500 was deducted w.e.f. 1.9.1998 when it was commuted and the pensioner was in receipt of this amount (Rs. 1500) from the date of retirement i.e. from 1.10.1996 up to 31.8.1998, then how can the same be restored after 15 years from the date of retirement?

Also refer to Clarification No. 3 at (http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/38-79-2008-P&PW(G)%2016-2-2009.pdf) which deals with cases which arose after 6CPC.

Victor

vnatarajan
05-07-2012, 07:18 AM
My doubt is if pensioner was drawing lesser pension than what he has to get after revision, necessary adjustment would have been made by the Dept while paying the arrears after revision, and hence the effcetive date of reduced pension remains only one. This is what has happened in most of our cases. Of course I am not sure of the multiple reduction instant case. I think one has toi check with the actual amounts of pension as received from the Bank, as also arrears received directly from Dept. etc to be sure of what has hapened as the procedures adopted by PAOs appear to be different .

Regards,
VNatarajan

terrance
05-07-2012, 10:04 AM
I retired on 31.3.2008. In my case, the commutation of the differential upward revision of pension was effected in 2 different dates due to 6cpc. Also, the arrears of the upward revision until the date of commutation was paid fully. Hence the logic of Shri Victor is correct.
Also, I guess in the earlier cases like Shri Natarajan, the parent departments would have made the necessary adjustments to the effect of single commutation date.

vnatarajan
05-07-2012, 03:36 PM
I believe what you explained can and could have happened. Rules do provide for multi-dated differential restoration as I can make out/ pointed out by Mr Victor and yourself- VN

soodeep
07-07-2012, 08:15 PM
Thanks to all for posting valued comments.

One thing I like to add here that the department had not taking any option at the time of the retrospective revision of pension. The department just revised the pay as per vth CPC's orders and commute the value as per earlier option.

The order dated 16 February 2009 have the thrust of revising the option.

I do not know of any such option in the recommendation of vth CPC.

We are living in Kolkata.

And problem is, the opinion of different bank is different.

Allahabad Bank, Bhadreswar Branch (Adjacent to Kolkata) (where the person has the native village) have opted for restoration in respect to date, whereas SBI in the same locality opted otherwise.

As an elderly person of 74 years, please give some opinion.

The person even can't sign properly.

KINDLY GIVE HIM AN OPPORTUNITY TO CLARIFY HIS CASE.

What will be his next course of action? Write to CPAO or Department(from where he retired) or Pay & Accounts Office of the relevant department or any other appellate authority?

vnatarajan
08-07-2012, 04:58 AM
If his SSA (Spl seal of authority) to the Bank had been issued by the CPAO, then it is proper to address him a( CPAO) and also the PAO of the Dept who had been issuing the PPOs for all retirees of Depts other than Defence/ Railways etc.

Your last line is the answer to the problem.

YOU CAN ALSO TAKE A LOOK AT THE CPAO DELHI WEBSITE AND LAUNCH AN ONLINE GRIEVANCE ALSO. CPAO'S OFFICE IS SOMEWHAT MORE RESPONSIVE.

Regards,
VN