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View Full Version : Retiring of employees born on Ist of January, 1928/1938/1946/1956 by the Government



Gopal Krishan
06-05-2016, 09:43 PM
This thread which, in full would read as follows, replaces all the earlier similar threads:

" Retiring of employees born on Ist Jan 1928/1938/1946/1956 by various central Ministries/Departments/Organizations on just a day before the implementation of the recommendations of the 4th/5th/6th/7th CPC under the illogical/irrational/illegal clarification given by the Government of India through the then Department of Personnel and Administrative Reforms(now Department of Personnel and Training) after the 3rd CPC and thereby depriving them of the benefits of the 4th/5th/6th/7th CPC"

Gopal Krishan
07-05-2016, 09:02 PM
All interested,
As Advised by Shri V Natarajan, we have to get ready for litigation on behalf of all those born on the Ist Jan. 1928/1938/1946/1956. In that regard all those interested can contact either on telephone or through email to me (DOB-1/1/1946) or Shri JVSRKrishna (DOB-1/1/1956)
GK

Gopal Krishan
16-07-2016, 07:17 PM
Dear Shri Krishna,
I would suggest that details of those with dates of birth as the Ist Jan 1956/1946/1938/1928 as available with you could be posted here, so that those interested could contact them, if they feel like doing so in the matter.
Gopal Krishan

Gopal Krishan
14-08-2016, 05:44 PM
The Government is yet to file a reply to my OA filed in the PB, Delhi. Next date has been fixed as the 30th September, 2016.
Gopal Krishan
9911178250

JVSR
19-09-2016, 10:44 PM
From:



J V S R Krishna)



Ex-Technical Officer / D,



Heavy Water (Manuguru)



Govt. of India, Dept. of Atomic Energy.



jvsrkrishna@gmail.com



Ph No.09441 903 448.

To

The Secretary,
Department of Personnel & Training,
New Delhi.



Subject: Justice to 1st Jan,1956/1946/1938/1928 born pensioners, who suffered once-in-ten-years benefits of CPCs, consequent upon their being treated as pensioners from the 31st December of the previous year under ab-initio void clarification of June, 1974

JVSR
19-09-2016, 11:11 PM
similarly placed retired employees who were having date of birth 01/01/1956 and retired on 31/12/2015 pl be contacted for further details: jvsrkrishna@gmail.com (ph No.09441903448)

Gopal Krishan
05-10-2016, 06:02 PM
Briefly the case is as follows:
(i) based on the recommendation duly accepted by the Cabinet, orders were issued with the approval of the Minister on the 24th November, 1973 stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell ,i. e., those born on the Ist would retire on the 30th/31st;
(ii) on the 5th December, 1973, on a reference from DGP&T, for the reasons best known to the then Under Secretary a stand was taken , in a routine manner , without the approval of the Minister or consulting the C&AG, Ministry of Finance etc. that those born on the Ist would retire on the last day of the previous month;
(iii) orders were issued in May, 1974 on the lines of Nov 1973 orders , which had the approval of the Minister stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell; i. e., those born on the Ist would retire on the 30th/31st;
(iv)on the lines of illegal Dec. 1973 clarification it was clarified vide OM dated the 29th June, 1974 without the approval even of the Minister that all those born on the Ist would retire on the last day of the previous month.

Gopal Krishan

JVSR
17-10-2016, 08:04 PM
Briefly the case is as follows:
(i) based on the recommendation duly accepted by the Cabinet, orders were issued with the approval of the Minister on the 24th November, 1973 stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell ,i. e., those born on the Ist would retire on the 30th/31st;
(ii) on the 5th December, 1973, on a reference from DGP&T, for the reasons best known to the then Under Secretary a stand was taken , in a routine manner , without the approval of the Minister or consulting the C&AG, Ministry of Finance etc. that those born on the Ist would retire on the last day of the previous month;
(iii) orders were issued in May, 1974 on the lines of Nov 1973 orders , which had the approval of the Minister stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell; i. e., those born on the Ist would retire on the 30th/31st;
(iv)on the lines of illegal Dec. 1973 clarification it was clarified vide OM dated the 29th June, 1974 without the approval even of the Minister that all those born on the Ist would retire on the last day of the previous month.

Gopal Krishan

RTI application made and reply received placed for information to all the concerned.

To
The CPIO,
Department of Personnel and Training,
North Block,
New Delhi

Sir,

1.
(i) based on the recommendation of the 3rd CPC, duly accepted by the Cabinet, orders were issued with the approval of the Minister on the 24th November, 1973 stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell ,i. e., those born on the Ist would retire on the 30th/31st as at that time according to the then existing statutory rules etc. the date of retirement of those born on the Ist fell on the Ist after one attained the age of superannuation on the preceding day ;
(ii) on the 5th December, 1973, on a reference from DGP&T, for the reasons best known to the then Under Secretary a stand was taken , in a routine manner , without the approval of the Minister or consulting the C&AG, Ministry of Finance etc. that those born on the Ist would retire on the last day of the previous month;
(iii) orders were issued in May, 1974 on the lines of Nov 1973 orders , which had the approval of the Minister stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell; i. e., those born on the Ist would retire on the 30th/31st;
(iv)on the lines of illegal Dec. 1973 clarification it was clarified vide OM dated the 29th June, 1974 without the approval of the Minister that all those born on the Ist would retire on the last day of the previous month.

2. The clarification of December, 1973 and June, 1974 is contradictory to the decision taken at the level of the Minister.
3.Please favour me with the information about the provision of the Act/Rules/instructions/ file notings / correspondence if any under which the decision taken at the level of the Minister is being ignored and the clarification given at the lower level is being enforced by the DOPT. (Estt-A)

Yours faithfully
(JVSR Krishna)





















No. 28034 / 468 / 2016-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk
North Block, New Delhi

Dated: 10th October, 2016
To
Shri JVSR Krishna,
Plot No.14,
SMHVillas,Adjacent to PMR Enclave,
Near Havisa Restaurant,
Nagaram, Hyderabad 500083.
Sub: Application under Right to Information Act, 2005.
Sir,
Please refer to your RTI application dated 12.09.2016 on the above subject, which has also been marked to other CPIOs.

2.Please note that as per the RTI Act, CPIO is required to provide information as
availablewith him in the form of O.M., Notifications, rules, regulations, orders,
letters and circulars etc.Queries/clarification or interpretation of information is
outside the purview of the Right toInformation Act, 2005. The CPIO is not
supposed to create information; or to interpretinformation.

3.OM No.33/12/73-Estt(A) dated 29thJune, 1974 (copy enclosed) was issued in
consultation with Ministryof Finance, C&AG and Department of Legal Affairs.


4.The Appellate Authority is Shri Mukesh Chaturvedi, Director (E), D
Department ofPersonnel & Training, North Block, New Delhi.


Yours faithfully,


(Surya NarayanJha)
Under Secretary & CPIO
Tel.23040341

JVSR
17-10-2016, 08:08 PM
Briefly the case is as follows:
(i) based on the recommendation duly accepted by the Cabinet, orders were issued with the approval of the Minister on the 24th November, 1973 stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell ,i. e., those born on the Ist would retire on the 30th/31st;
(ii) on the 5th December, 1973, on a reference from DGP&T, for the reasons best known to the then Under Secretary a stand was taken , in a routine manner , without the approval of the Minister or consulting the C&AG, Ministry of Finance etc. that those born on the Ist would retire on the last day of the previous month;
(iii) orders were issued in May, 1974 on the lines of Nov 1973 orders , which had the approval of the Minister stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell; i. e., those born on the Ist would retire on the 30th/31st;
(iv)on the lines of illegal Dec. 1973 clarification it was clarified vide OM dated the 29th June, 1974 without the approval even of the Minister that all those born on the Ist would retire on the last day of the previous month.

Gopal Krishan

RTI application made and reply received placed for information to all the concerned.

To
The CPIO,
Department of Personnel and Training,
North Block,
New Delhi

Sir,

1.
(i) based on the recommendation of the 3rd CPC, duly accepted by the Cabinet, orders were issued with the approval of the Minister on the 24th November, 1973 stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell ,i. e., those born on the Ist would retire on the 30th/31st as at that time according to the then existing statutory rules etc. the date of retirement of those born on the Ist fell on the Ist after one attained the age of superannuation on the preceding day ;
(ii) on the 5th December, 1973, on a reference from DGP&T, for the reasons best known to the then Under Secretary a stand was taken , in a routine manner , without the approval of the Minister or consulting the C&AG, Ministry of Finance etc. that those born on the Ist would retire on the last day of the previous month;
(iii) orders were issued in May, 1974 on the lines of Nov 1973 orders , which had the approval of the Minister stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell; i. e., those born on the Ist would retire on the 30th/31st;
(iv)on the lines of illegal Dec. 1973 clarification it was clarified vide OM dated the 29th June, 1974 without the approval of the Minister that all those born on the Ist would retire on the last day of the previous month.

2. The clarification of December, 1973 and June, 1974 is contradictory to the decision taken at the level of the Minister.
3.Please favour me with the information about the provision of the Act/Rules/instructions/ file notings / correspondence if any under which the decision taken at the level of the Minister is being ignored and the clarification given at the lower level is being enforced by the DOPT. (Estt-A)

Yours faithfully
(JVSR Krishna)


No. 28034 / 468 / 2016-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk
North Block, New Delhi

Dated: 10th October, 2016
To
Shri JVSR Krishna,
Plot No.14,
SMHVillas,Adjacent to PMR Enclave,
Near Havisa Restaurant,
Nagaram, Hyderabad 500083.

Sub: Application under Right to Information Act, 2005.
Sir,

Please refer to your RTI application dated 12.09.2016 on the above subject, which has also been marked to other CPIOs.

2.Please note that as per the RTI Act, CPIO is required to provide information as
availablewith him in the form of O.M., Notifications, rules, regulations, orders,
letters and circulars etc.Queries/clarification or interpretation of information is
outside the purview of the Right toInformation Act, 2005. The CPIO is not
supposed to create information; or to interpretinformation.

3.OM No.33/12/73-Estt(A) dated 29thJune, 1974 (copy enclosed) was issued in
consultation with Ministryof Finance, C&AG and Department of Legal Affairs.


4.The Appellate Authority is Shri Mukesh Chaturvedi, Director (E), D
Department ofPersonnel & Training, North Block, New Delhi.



Yours faithfully,

(Surya NarayanJha)
Under Secretary & CPIO
Tel.23040341

JVSR
19-10-2016, 07:17 PM
RTI application made and reply received placed for information to all the concerned.

To
The CPIO,
Department of Personnel and Training,
North Block,
New Delhi

Sir,

1.
(i) based on the recommendation of the 3rd CPC, duly accepted by the Cabinet, orders were issued with the approval of the Minister on the 24th November, 1973 stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell ,i. e., those born on the Ist would retire on the 30th/31st as at that time according to the then existing statutory rules etc. the date of retirement of those born on the Ist fell on the Ist after one attained the age of superannuation on the preceding day ;
(ii) on the 5th December, 1973, on a reference from DGP&T, for the reasons best known to the then Under Secretary a stand was taken , in a routine manner , without the approval of the Minister or consulting the C&AG, Ministry of Finance etc. that those born on the Ist would retire on the last day of the previous month;
(iii) orders were issued in May, 1974 on the lines of Nov 1973 orders , which had the approval of the Minister stating that the Government servants shall retire from service with effect from the afternoon of the last day of the month in which their date of retirement fell; i. e., those born on the Ist would retire on the 30th/31st;
(iv)on the lines of illegal Dec. 1973 clarification it was clarified vide OM dated the 29th June, 1974 without the approval of the Minister that all those born on the Ist would retire on the last day of the previous month.

2. The clarification of December, 1973 and June, 1974 is contradictory to the decision taken at the level of the Minister.
3.Please favour me with the information about the provision of the Act/Rules/instructions/ file notings / correspondence if any under which the decision taken at the level of the Minister is being ignored and the clarification given at the lower level is being enforced by the DOPT. (Estt-A)

Yours faithfully
(JVSR Krishna)





















No. 28034 / 468 / 2016-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk
North Block, New Delhi

Dated: 10th October, 2016
To
Shri JVSR Krishna,
Plot No.14,
SMHVillas,Adjacent to PMR Enclave,
Near Havisa Restaurant,
Nagaram, Hyderabad 500083.
Sub: Application under Right to Information Act, 2005.
Sir,
Please refer to your RTI application dated 12.09.2016 on the above subject, which has also been marked to other CPIOs.

2.Please note that as per the RTI Act, CPIO is required to provide information as
availablewith him in the form of O.M., Notifications, rules, regulations, orders,
letters and circulars etc.Queries/clarification or interpretation of information is
outside the purview of the Right toInformation Act, 2005. The CPIO is not
supposed to create information; or to interpretinformation.

3.OM No.33/12/73-Estt(A) dated 29thJune, 1974 (copy enclosed) was issued in
consultation with Ministryof Finance, C&AG and Department of Legal Affairs.


4.The Appellate Authority is Shri Mukesh Chaturvedi, Director (E), D
Department ofPersonnel & Training, North Block, New Delhi.


Yours faithfully,


(Surya NarayanJha)
Under Secretary & CPIO
Tel.23040341






JVSR Krishna, jvsrkrishna@gmail.com
Plot No.14, ph No. (M) 9441 903 448
SMH Villas,
Adjacent: PMR Enclave,
Near Havisa Restaurant,
Nagaram

Gopal Krishan
30-10-2016, 05:53 PM
To all interested
The BPS has included this item in their draft resolution proposed to be passed during the Annual meeting proposed to be held in November. This item has been listed at Sl. No. 11. In fact this item was also passed during one of the earlier annual meetings and sent to the Government of India. I also brought to the notice of the DOPT this fact. Unfortunately nothing has moved despite all that and my efforts for the last so many years. I have filed an OA before the PB and the same has been admitted. The Government has not filed any reply so far although a period of more than one year is over. In case BPS is interested to come forward in the matter it would be my pleasure to assist the BPS in this regard. I have already obtained a lot of material from the DOPT even though CIC. It has also come to notice that even the Government of India had decided to extend the benefit of the Ist CPC to those who had retired during the preceding six months from the date from which the recommendations of the Ist CPC were made effective. From the facts which are on record that at no time the Government had taken such a retrograde step in connection with the benefits to pensioners as in the cases of those born on the Ist Jan. 1956/1946/1938/1928.
Gopal Krishan

JVSR
01-11-2016, 05:37 PM
To all interested
The BPS has included this item in their draft resolution proposed to be passed during the Annual meeting proposed to be held in November. This item has been listed at Sl. No. 11. In fact this item was also passed during one of the earlier annual meetings and sent to the Government of India. I also brought to the notice of the DOPT this fact. Unfortunately nothing has moved despite all that and my efforts for the last so many years. I have filed an OA before the PB and the same has been admitted. The Government has not filed any reply so far although a period of more than one year is over. In case BPS is interested to come forward in the matter it would be my pleasure to assist the BPS in this regard. I have already obtained a lot of material from the DOPT even though CIC. It has also come to notice that even the Government of India had decided to extend the benefit of the Ist CPC to those who had retired during the preceding six months from the date from which the recommendations of the Ist CPC were made effective. From the facts which are on record that at no time the Government had taken such a retrograde step in connection with the benefits to pensioners as in the cases of those born on the Ist Jan. 1956/1946/1938/1928.
Gopal Krishan

1948 order issued by the Ministry of Finance as follows:


No.F.10 (10)-Est.(Spl)48,


Government of India,


Ministry of Finance.


New Delhi, 6th April, 1948.


Office Memorandum

Subject:- Payment of arrears of pay and allowances to persons whose services are
terminated before the new rates of pay and allowances are enforced.

JVSR
01-11-2016, 05:41 PM
1948 order issued by the Ministry of Finance as follows:


No.F.10 (10)-Est.(Spl)48,



Government of India,



Ministry of Finance.



New Delhi, 6th April, 1948.



Office Memorandum

[SIZE=1]
Subject:- Payment of arrears of pay and allowances to persons whose services are
terminated before the new rates of pay and allowances are enforced.

Gopal Krishan
08-12-2016, 11:17 AM
As mentioned earlier I have already filed a case iin the PB, New Delhi. The Government has filed a reply to my OA. The next date for rejoinder has been fixed as the Ist February. A few pensioners who were also deprived of the benefits of the CPC are in touch with me and they intend join me. Some intend to file an OA in the Hyderaba CAT. Those interested could contact us on the addresses/mail/telephone already indicated in the earlier post.
Gopal Krishan
9911178250

Gopal Krishan
05-01-2017, 06:33 PM
Shri Kapoor, whose date of birth is the Ist January, 1956 and retired on the 31st December, 2015 had decided to file a case before the PB, New Delhi.
Gopal Krishan

JVSR
06-01-2017, 08:48 PM
I wish similarly placed central government employees who were retired on 31/12/2015 and having date of birth 01/01/1956 shall follow Mr. Baldev K Kapoor. best wishes and regards.

JVSR Krishna

Gopal Krishan
10-01-2017, 05:13 PM
All interested
A good number of pensioners born on the Ist January, 1956 contacted me in this regard. We would certainly provide any assistance in this matter as joint efforts would be comparatively easier and cheaper and at a later stage filing cases individually for getting justice may become difficult and costlier.
Gopal Krishan

JVSR
14-01-2017, 09:44 PM
All interested
A good number of pensioners born on the Ist January, 1956 contacted me in this regard. We would certainly provide any assistance in this matter as joint efforts would be comparatively easier and cheaper and at a later stage filing cases individually for getting justice may become difficult and costlier.
Gopal Krishan
1. Pradeep Kumar (pradeepgupta2011@gmail.com)
2. Baldev K Kapoor (1956bkk@gmail.com)
3.Sunita Chawla (rachnachawla134@gmail.com)
4.Satish Chander Malik (accessscm@yahoo.co.in)
5.Krishna Pal Singh (kps115@gmail.com (kps115@gmail.com))
6.Devki (devki.singh.ol@gmail.com) (devki.singh.ol@gmail.com)
7.Ashok Kumar (ashopushp@gmail.com)
8.Raja Ram Tiwari (tiwarirajaram@gmail.com)
9.nvs@ninechanges.com
10.Pratibha Mehrotra (meh.6069@gmail.com)
11.Usha Rani Tageja (usharanitageja@gmail.com)
12.R Muthusamy (muthusamy5676@gmail.com)
13.Debabrata bhattacharya (debu_narco@yahoo.co.in)
14.Pandari Ranga Rajulu (pandarirangarajulu@gmail.com)
15.Gopal Krishan (gopalkrishan60@yahoo.com)
16.JVSR Krishna (jvsrkrishna@gmail.com)

others who were having date of birth 01/01/1956 and retired on 31/12/2015 belongs to Central Government, are here by requested to contact for updating the data to have a common platform to have natural justice for 7th CPC retirement benefits viz. Gratuity, Commutation value and Leave encashment.

JVSR
14-01-2017, 10:15 PM
1. Pradeep Kumar (pradeepgupta2011@gmail.com)
2. Baldev K Kapoor (1956bkk@gmail.com)
3.Sunita Chawla (rachnachawla134@gmail.com)
4.Satish Chander Malik (accessscm@yahoo.co.in)
5.Krishna Pal Singh (kps115@gmail.com (kps115@gmail.com))
6.Devki (devki.singh.ol@gmail.com) (devki.singh.ol@gmail.com)
7.Ashok Kumar (ashopushp@gmail.com)
8.Raja Ram Tiwari (tiwarirajaram@gmail.com)
9.nvs@ninechanges.com
10.Pratibha Mehrotra (meh.6069@gmail.com)
11.Usha Rani Tageja (usharanitageja@gmail.com)
12.R Muthusamy (muthusamy5676@gmail.com)
13.Debabrata bhattacharya (debu_narco@yahoo.co.in)
14.Pandari Ranga Rajulu (pandarirangarajulu@gmail.com)
15.Gopal Krishan (gopalkrishan60@yahoo.com)
16.JVSR Krishna (jvsrkrishna@gmail.com)

others who were having date of birth 01/01/1956 and retired on 31/12/2015 belongs to Central Government, are here by requested to contact for updating the data to have a common platform to have natural justice for 7th CPC retirement benefits viz. Gratuity, Commutation value and Leave encashment. in addition to the above contacts, if any individual desire to contact, may pl be contacted Sri Gopal Krishan - 9911178250 (Cell No) or JVSR Krishna, jvsrkrishna@gmail.com & contact No.9441903448.

Gopal Krishan
19-02-2017, 08:38 PM
The application filed by Shri Kapoor has been admitted.
Gopal Krishan

Gopal Krishan
05-04-2017, 12:41 PM
The OA filed by Shri Krishna, Hyderabad has been admitted as OA No. 1011 of 2017.
Gopal Krishan

Gopal Krishan
06-05-2017, 04:48 PM
My OA No. 3091/2015 has now been fixed for the 26th July, 2017 for arguments.
Gopal Krishan

Gopal Krishan
13-05-2017, 01:38 PM
My OA No. 3091/2015 has now been fixed for the 26th July, 2017 for arguments.
Gopal Krishan

The OA filed by Sh Kapoor is now listed for 12th July, 2017 for a reply by the respondent.
Gopal Krishan

JVSR
15-05-2017, 09:05 PM
So far no forum has taken up our issue, those were having DOB 01/01/1956 and retired on 31/12/2015. Now, comparing the Junior, protection of pension was sorted out, similarly, difference in Commutation value, Leave encashment, Gratuity shall also be extended as per 7th CPC at par with the Govt Servants having DOB 2nd Jan. 1956. This type issue will happen once in 10 years during the Pay Commission Year.


Also, it is highlighted, while extending the Doctors retirement for 5 years made effective from 31st May 2016. Because of 31st May, those are having DOB 2nd May and to 1st June all are covered. Otherwise, if it is from 1st June, those are having DOB 1st June and on 2nd May onwards are not entitled the benefit.


Similarly, those who were having DOB 1st Jan. 1956 shall also be eligible of revised Gratuity, encashment of Leave & Commutation value as per 7th CPC.
Once again requesting to the National Forums to raise this issue with the concerned authorities of Central Govt to grant the retirement benefits as per 7th CPC.


jvsr krishna
9441903448
jvsrkrishna@gmail.com

Gopal Krishan
21-05-2017, 01:24 PM
Dear Krishna,
Perhaps you are aware that this matter was once taken up by the Bharat Pensioners Samaj with the Department of Pension in the year 2012. Subsequently a resolution was also passed by them during a meeting of the General Body. I remember once this was taken up in a meeting with the Minister also. But all this was half heartedly. They never pursued the matter. As such nothing has happened. Now what we can expect from them is that if they are serious and sincere about the genuine cause of all those born on the Ist January, 1928/1938/1946/1956, they should come up an join the cases we have filed in the CAT. At this stage taking up the matter with the Government may not be of any help as the matter is sub-judice. The point mentioned about Doctors could be of some help in the Court case. For that we would require more details, for which you have already approached the CPIO concerned under RTI Act.
With regards
Gopal Krishan

JVSR
23-05-2017, 10:22 PM
Dear Gopal Krishan ji, You are right and National Forums, whole heartedly shall take up our issue of those government servants having DOB 01/01/1956. The following is the simple example.
NC JCM raised the following issue with DOPT for sanction of an Increment on completion of one year and retired on last day of the preciding month by virtue of having DOB 1st of July, and retired on 30th June.

Based on the OM issued by the Tamil Nadu Government, our NC JCM writter a letter attaching Tamil Nadu Govt. OM and requested the DOPT to sanctiion the same to the Central Govt. employees. For the name sake, they represented, never bothered to make follow up action.

Recently, I have raised RTI petition, requesting information on the subject, action initiated by the DOPT based on the letter written by the NC JCM, but shocked to receive reply to my RTI application, stating that, DOPT could not trace out the letter issued by the NC JCM. Subsequently, I have submitted copy of the letter written by the JCM NC which was traced in the NC JCM website and forwarded the same to DOPT, but no reply received so far from DOPT.

This is the clear example of Government actions based on the representations submitted by the our National Forums.

copy of the Letter written by JCM NC posted below with OM issued by the Tamil Nadu government for information to the website readers.

Copy of letter submitted by Secretary, Staff side, NC JCM as follows:
Shiva Gopal Mishra Ph: 23382286
Secretary National Council (Staff Side)
Joint Consultative Machinery for Central Government Employees
13-C, Ferozshah Road, New Delhi

Gopal Krishan
24-05-2017, 03:06 PM
Dear Krishna,
Copy of the letter you tried to post is not complete.
As rightly pointed out by you problem is with our leaders as well as with the DOPT. Earlier the Pensioners Samaj had taken up the matter in 2012 but did not pursue the same. Similarly inertial on the part of the DOPT/DPPW is creating all sorts of problems for us. My experience with both the Departments is that they are even not bothered for CIC's directions.
What I feel is that we have to concentrate on the cases we have filed in Principal Bench of CAT, New Delhi. Those who are well wishers of aggrieved or suffered could come forward and join.
The other day some one with the name Chaudhury from Bhaba Research Centre, Mumbari having date of birth as the Ist January, 1946 had spoken to me in this regard.
Gopal Krishan
9911178250

JVSR
10-06-2017, 08:31 PM
Those were having DOB 01/01/1956 and retired on 31/12/2015. Now, comparing the Junior, protection of pension was sorted out, similarly, difference in Commutation value, Leave encashment, Gratuity shall also be extended as per 7th CPC at par with the Govt Servants having DOB 2nd Jan. 1956. This type issue will happen once in 10 years during the Pay Commission Year. Also, it is highlighted, while extending the Doctors retirement for 5 years made effective from 31st May 2016. Because of 31st May, those are having DOB 2nd May and to 1st June all are covered. Otherwise, if it is from 1st June, those are having DOB 1st June and on 2nd May onwards are not entitled the benefit.
Similarly, those who were having DOB 1st Jan. 1956 shall also be eligible of revised Gratuity, encashment of Leave & Commutation value as per 7th CPC.
Once again requesting to the National Forums to raise this issue with the concerned authorities of Central Govt to grant the retirement benefits as per 7th CPC.

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Avinash Kumar (https://www.facebook.com/profile.php?id=100002141552865&fref=ufi) You r right and your view is centpercent correct who think about this. It totally a matter of injustice why such types of correction not made in rules because who cares
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Gopal Krishan
11-06-2017, 02:29 PM
Comments of Avinash Kumar are in line with the observation of Kerala High Court. The Hon'ble High Court, in its one of the judgements had observed that the rules are vague. The High Court had observed that retiring in the afternoon of the 31st December and retiring in the forenoon of the Ist is one and the same. With this observation they had agreed with the judgement of the CAT, vide which the latter had given orders that the petitioner, who was born on the Ist Jan would retire on the Ist with all the attending benefits.
Gopal Krishan

JVSR
27-06-2017, 08:49 PM
Following are the issues for those Central Govt Servants retired on 31st Dec. 2015, and having DOB 01/01/1956.

Dearness Allowance & Dearness Relief:

As per the prevailing conditions, Govt of India sanctioning DA once in 6 months i.e. 1st Jan. & 1st July. Based on consumer price index, due to raise in the inflation for the period of once in 6 months i.e. 1st Jan. to 30th June & 1st July to 31st December respectively DA being sanctioned to those Central Govt. employees and as DR to the Central Govt. Pensioners. This DA/DR is cumulatively added every month, for administrative convenience, it was being sanctioned once in 6 months. For those Central Govt. employees who were having DOB 1st of any month are being forcibly superannuated on the last working day of the preceding month. Particularly, those who were having DOB 1st Jan. & 1st July, though they have completed 6months, sanctioned DA was not considered for calculating Retirements viz. Gratuity & Leave encashment purpose.

whether a retired Government servant is entitled for revised rate of D.A., which comes into force after such Government servant retires from service on attaining the age of superannuation.

As per the Honble. CAT judgement, DA was allowed for calculation of retirement benefits; to those retired on 30th June (DA was sanctioned next to their retirement date. The said case was appealed in Honble. High Court of A.P. the WP was dismissed, further, Govt. of India appealed as SLP in Honble. Suprem Court of India, there also it was dismissed.
Orders were issued for implementation of DA to the Central Govt. Servants, who were working in Accountant General Office, Hyderabad. The same was implemented.

Since, it is a common issue, individuals who were worked in various Departments of Central Govt. should not insisted that who ever will proceed litigation, it will be implemented. It shall be implemented across the board to all the employees to save the money & man power of Govt. of India to avoid litigations.

References:

a) CAT Hyderabad Bench OA No.552 of 2003;
b) High Court , Andhra Pradesh WRIT PETITION NO.26506 OF 2012 dt.11/9/2012
c) Supreme Court SLP No.16237/2013 dt.27.10.2014
d) Through Lr No.PAG(G&SSA)/Legal Cell/RTI/F.No.118/2016-17/D.No.45 dt.02/11/2016 intimated that Supreme Court order was implemented for payment of Retirement Gratuity & cash equivalent to leave salary.

Gratuity::

According to Rule 83(1) of the Pension Rules, Pension becomes payable from the date on which Government servant ceases to be borne on the establishment (emphasis given). A Government servant continues to be borne on the establishment till midnight of the date of superannuation. The decision of the Hyderabad Bench of this Tribunal in T. Krishna Murthy 's case (supra) cannot be brushed aside out by the learned Counsel for the respondents. Retirement may be by voluntary or on superannuation. The principles for payment of pension will not vary on the basis of these distinctions. According to us, "afternoon of 31st March or forenoon of 1st of April means one and the same thing and on this balance also we see no reason to hold that the said case is not applicable to the present cases. In short, we are of the view that in the present cases the effective date of retirement would be 01.04.1995 and not 31.03.1995.
The decision of the Supreme Court in UOI v. P.N. Menon and Ors. CA No. 417 of 1987 and several other cases relied on by the learned Counsel for the respondents in support of his contention need no attention, because they are not exactly or remotedly on the point under consideration. The OM dated 14.7.1995 is not challenged in these cases and, therefore, the argument tried to be made with reference to cut off date or financial, implications in these cases, is misplaced. A Government servant completing the age of superannuation on 31.03.1995 and relinquishing charge of his office in the afternoon of that day is deemed to have effectively a retired from service with effect from 01.04.1995."
As per law laid down by the Full Bench supra we hold that the applicant has effectively retired from service with effect from 1.4.95. In view of the fact that the applicant is deemed to have retired on 1.4.95, the benefit of OM dated 14.7.95 (supra) would be made applicable to him for all purposes. We hold so accordingly.
In the result we allow this OA and direct the respondents to treat the applicant to have retired with effect from 1.4.95 and pay him the benefits as enumerated in the OM dated 14.7.95. This exercise must be carried out within a period of three months from the date of receipt of a copy of this order. No costs.

References:

1. Central Administrative Tribunal – Delhi OA No.1151/2000Mrs. Kamla Gupta vs Commissioner, Kendriya ... on 2 January, 2001 &
2. WP(C)No.5376/2001 filed by the KVS, The said WP has been dismissed for non-prosecution vide Honble. High Court Order dated 01/08/2012 and
3. SLP was not filed in the Supreme Court of India.
4. Vide Lr No.18(1701)1602/94-KVS(HQ)/P&I/3175-78 dated 10/03/2017, the said letter received thru RTI stating that revised Gratuity was implemented.

Similarly in the case of Govt Servants who were having DOB 01/01/1956 and forced to retire on 31st Dec. 2015, since Gratuity amount was enhanced from Rs.10 lacks to Rs.20 lacks, and orders effective from 01/01/2016, the same shall be made applicable in our case also like one Mrs. Kamal Gupta of KVS.

Commutation Factor::

1. At the age of 61 years commutation factor is 8.194.
2. An individual Govt Servant having DOB 2nd of the month onwards, the next birthday will fall on from 2nd onwards.
3. An individual Govt Servant having DOB 1st, his next birthday will be only on 1st.
4. As per FR 56(a), if the individual Govt Servant having DOB 1st, he is forced to retire on last working day of preceding month.
5. At that time, he is not completing 60 years on that day, his next birthday will be fall on 1st of next month only. (If is having DOB 1st Jan. retiring on 31st Dec. his next
birthday will be only on 1st Jan.)
6. Then commutation factor shall be 8.287 and cannot be 8.194[/SIZE]

Doctors retirement extension wef 31st May, 2016:.

Based on 3 Doctors representation who were retiring on 31st May, requested to the Secretary, Ministry of Health & Family Welfare to extend the benefit extension of retirement from 31st May, Government considered the same and extended the Doctors retirement for 5 years made effective from 31st May 2016. Because of 31st May, those are having DOB 2nd May and to 1st June all are covered. Otherwise, if it is from 1st June, those are having DOB 2nd May to 1st June onwards are not entitled the benefit.

Those who were having DOB 1st Jan. 1956 and are forced to retire on 31st Dec. 2015. Since, 7th CPC made applicable from 01/01/2016, Govt. Servants who were retired on 31st Dec.2015 and 31st Dec. is the working day, Pay & Allowances are drawn for that day also, retirement is effected after midnight 12 o’clock only. However, now Govt. considered to revise the Pension at par with those who are in service as on 01/01/2016.
As such there is vast difference in retirement benefits nearly Rs.15 lacs. Hence, Govt. shall consider to get eligibility for revised Gratuity, encashment of Leave & Commutation value as per 7th CPC for those Govt. Servants having DOB 01/01/1956 and retired on 31/12/2015.

Gopal Krishan
05-07-2017, 08:26 PM
Dear Krishna
As discussed all these are legal grounds in support of our case. My case is coming up on 26th July. I will make use of these legal points. In fact, as you are aware, we have already incorporated these grounds in my rejoinder. Of course doctors matter has not been incorporated in the rejoinder. In fact the same does not help our case.
Gopal Krishan

JVSR
24-07-2017, 10:59 PM
On the request of the Govt Servants who were retired on 31st Dec and having DOB 01/01/1956 and documents secured thru RTI & other sources, the following issues were raised by the Bharat Pension Samaj with the DOPT, DoPPW & Dept of Expenditure, Govt. of India.

1. Grant of DA those who were retired on 30th June & 31st Dec. which was declared next day of their retirement i.e. from 1st Jan. & 1st July for calculation of Gratuity & Leave Encashment purpose. Eg. Govt. servants retired on 31st Dec. 119% of DA taken for calculation, whereas DA was declared on 1st Jan. 16 is 124%, this DA was eligible for calculation of Gratuity & Leave encashment as per the Supreme Court verdict.

2. Revision of Gratuity: Principal Bench, CAT, New Delhi delivered the judgement revision of Gratuity eligible to Smt. Kamla Gupta who was retired on 31/3/1995, where as Gratuity was revised from 01/04/1995, as per the judgement, retirement of afternoon of last working day i.e. 31st March afternoon and fore noon of 1st April is one and the same. Hence, in her case revised Gratuity is eligible. When Department filed WP in Hon. High Court, Delhi, due to non prosecution by the Govt. the case was dismissed, and Principal Bench CAT orders implemented in her case in the month of March 2017.

Based on the above judgement, on our request BPS raised the issue with the Government of India, let us hope for positive action.

jvsr krishna
9441903448
jvsrkrishna@gmail.com

JVSR
24-07-2017, 11:04 PM
copy of the letter written by the BPS (Bharat Pension Samaj) is reproduced below for information to all the similarly placed govt servants.

jvsr krishna
jvsrkrishna@gmail.com
9441903448

To
1)The Secretary,
M/O Finance Department of Expenditure
Room 129-A, NB N.Belhi 110001
(Kind attention Sh. Ashok Lavasa)

2) The Secretary (P),
Department of personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
Room No 112 North Block,
New Delhi-110001
(Kind attention Sh AJAY MITTAL)

3) The Joint Secretary,
GOI M/O Personnel, PG & Pension-DOP & PW
(Kind attention of Sh Sanjiv Narain Mathur)
3 rd floor Loknayak Bhawan ,Khan Market , New Delhi -110003

Sir,

Sub: Enhancement of gratuity,leave salary and all retiral benefits to similarly placed pensioners in light and spirit of PCAT Delhi OA 1151/2000 order dated
02.01.20012. in the case of Smt Kamla Gupta and PCAT Hyderabad OA 552 of 2003, H C (AP) WP 26506 of 2012 & SLP No 16237/2013 order dated 27.10.14
in the case B. Chandra Shekhara Rao & others**V Pricipal Accountant Gen. (Audit).
Sir,

Under signed seek to draw attention to the case of Mrs. Kamla Gupta vs Commissioner, Kendriya Vidyalay (PCAT Delhi OA No.1151/2000) and Principal
Accountant Gen (Audit) Vs. B. Chandra Shekhara Rao & others ( PCAT Hyderabad OA552/2003,WP 26506/2012 SLP 16237/2013 decided on 2014 ).
Both these cases have attained legal finality and the aggrieved have been paid their dues accordingly.It stands established (1) That retirement may be by voluntary or
on superannuation.The principles for payment of pension will not vary on the basis of these distinctions.(2)That,“afternoon of 31st March or fore noon of 1st of April means one and the same thing. In short, the effective date of retirement would be 01.04.1995 and not 31.03.1995”. i.e. After noon of last day of the month on which an employee retires and the forenoon of the next day means the same thing and that he/she is entitled.

Sir,Similarly placed persons cannot be treated differently otherwise, it will infringe constitutional provisions enshrined in Articles 14 and 16. And Honorable
Apex court Judgments in the case of Inder Pal Yadav Vs Union of India {1985 (2) SCC 648}and Amrit Lal Beri V CCE {1975(4)SSC714} wherein it was held that
relief granted by court is to be given to other similarly situated employees without forcing them to go to court for similar benefits. ‘Bharat Pensioners Samaj’ shall be highly obliged, if suitable orders are issued extending the benefit of quoted judgements to all similarly placed pensioners relaxing proviso of FR 56 and SR 5A.

Thanking you in anticipation.

Yours faithfully,

Er. S.C.Maheshwari
Secy Genl / BPS

JVSR
24-07-2017, 11:10 PM

Gopal Krishan
27-07-2017, 04:23 PM
Mr. Krishna,
My case has been adjourned to the 30th August, 2017. What about your case and the case filed by Kapoor?
I would request you to post the matter about the increment allowed by the Tamil Nadu Government to those born on the Ist Jan/July having that date as the date of increment.That may also be one of the grounds for justification of our pleas in addition to what we have already stated in our petition. Those interested may like to react on that either on this forum or on telephone either to you or me,as hitherto.
Gopal Krishan

Gopal Krishan
27-07-2017, 04:38 PM
Dear Mr Krishna,
As discussed earlier these are important points, which would help us in our case. My case has been adjourned to 30th August, 2017. What about your case and the case of Kapoor?
Please post the order of Tamil Nadu about increment. As the same would also give an additional ground for our case. We may also get some reaction from those interested in the matter either through posts on this thread or through telephone either to you or me as hitherto.
Gopal Krishan

JVSR
28-07-2017, 02:31 PM
INCREMENT:

In order to set right this genuine anomaly, the Government of Tamilnadu has issued an order vide GO No. 311 dated 31.12.2014. As per that order, a Government servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules may be sanctioned with one notional increment at the prescribed eligible rate, purely for the purpose of pensionery benefits and not for any other purpose.
When Tamil Nadu Govt. could resolve the issue "granting increment" for those Govt Servants served total one year, at least notional increment for the purpose of pensionery benefits, why the Central Govt. (Model Employer) hesitating to implement the same. Hence, it should be resolved with out any further loss of time.
OLOR="white"][/COLOR]
jvsrkrishna
9441903448
jvsrkrishna@gmail.com

JVSR
28-07-2017, 02:37 PM
INCREMENT:

In order to set right this genuine anomaly, the Government of Tamilnadu has issued an order vide GO No. 311 dated 31.12.2014. As per that order, a Government servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules may be sanctioned with one notional increment at the prescribed eligible rate, purely for the purpose of pensionery benefits and not for any other purpose.
When Tamil Nadu Govt. could resolve the issue "granting increment" for those Govt Servants served total one year, at least notional increment for the purpose of pensionery benefits, why the Central Govt. (Model Employer) hesitating to implement the same. Hence, it should be resolved with out any further loss of time.

jvsr krishna
jvsrkrishna@gmail.com
9441903448

JVSR
28-07-2017, 02:46 PM
My case posted for filing the Govt reply 11th Oct. 2017.

jvsr krishna

JVSR
28-07-2017, 09:49 PM
Tamil Nadu Revised Scales of Pay Rules [B]Tamil Nadu Revised Scales of Pay Rules, .2009 – Grant of notional increment to Government Sen/ants who retires on superannuation on the preceding day of increment due date – Orders – Issued.


[FONT=&quot]FINANCE(CMPC) DEPARTMENT



G.O.Ms.No.311



Dated: 31-12-2014.

Margazi,16.
Thiruvalluvar Aandu, 2045.
READ
1. G.O.Ms.No.234, Finance (PC) Department, dated: 1-6-2009.
2. G.O.Ms.No.123, Finance (PC) Department, dated: 10-4-2012.


ORDER:

As per the provisions under Fundamental Rules 26 (a), the annual increments of the Government Servants are regulated in four quarters viz. 15th January, 15th April, 1st July and 1st October. However, there is npo provision in the Fundamental Rules to sanction annual increments in the case of the Government Servants who have rendered one full year of service and retires on superannuation on the last date of completion of one year and their increment due date falls on the next day of superannuation. As such an anomalous situation arises in the case of those Government Servants who retires on the 31st March, 30th June, 30th September and 31st December, as the case may be, inspite of the fact that they haVe completed one full year of service which are countable for increment as per Fundamental Rules 26(a), (b), (bb), (c) and (d) as the case may be, and on the date ‘of retirement.
2) The above issue was-brought to the notice of Pay Grievance Redressal Cell constituted in the Government Order second read above by several Employees Association for due rectification. The Pay Grievance Redressal Cell, among others, has recommended that “when date of increment of a Government Servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of a notional increment purely for the purpose of pensionary benefits and not for any other purpose. Such concession may be made applicable prospectively”.
3) After careful consideration, the Government have decided to accept the above recommendation of Pay Grievance Redressal Cell. Accordingly, the Government direct that a Government Servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionery benefits and not for any other purpose. The above concession of sanction of notional increment shall take prospective effect from the date of issue of this order.
4) Necessary amendment to the Fundamental Rules shall be issued by Personnel and Administrative Reforms Department separately.


(BY ORDER OF THE GOVERNOR)



K.SHANMUGAM,



PRINCIPAL SECRETARY TO GOVERNMENT.

Gopal Krishan
29-07-2017, 04:46 PM
Dear Krishna,
From the orders of the Government of Tamil Nadu one thing is clear that all Tamial Nadu Government Servants whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionery benefits and not for any other purpose. It follows from this that all those born on the Ist January would get the benefits of the order of the State Government in terms of increment even if they are treated to have retired on the 31st December. As such our contention before the CAT that all those born on the Ist January, 1956/1946/1938 should also be given the once-in-ten-years benefits of the respective CPCs as all had completed ten years on the date of retirement, gets support from the State Government decision. We can bring this fact also to the notice of the CAT as and when we get an opportunity for that purpose.
You may also like to post the next date in respect of the case of Shri Kapoor before the CAT.
Developments about the case proposed to be filed by some one in Mumbai CAT could also be posted for the benefit of those interested in this regard.
Gopal Krishan
9911178250

JVSR
30-07-2017, 11:16 AM
Dear Gopal Krishan,

Tamil Nadu Govt. GO, meant prospectively, but some of the Govt. Servants of Tamil Nadu retired earlier filed the cases in Madras High Court in 2015, 2016, for sanction of an increments who are completed one year of service and retired on last working day of the month (on completion of one year), and they are not in service 1st of the succeeding month. Madras High Court delivered the judgement in favour of Govt. Servants with pensionery benefits. Thoses cases were sent to you thru mail yesterday i.e. 29th July, 2017.

jvsr krishna
9441903448

Gopal Krishan
30-07-2017, 12:44 PM
Dear,
So far so good. But we have to be sure that there was no SLP in Supreme Court in respect of these cases.
Gopal Krishan

JVSR
02-08-2017, 10:01 PM
Shri Baldev Kapoor's next date for filing the Govt reply 03/10/2017.

JVSR
02-08-2017, 10:03 PM
As per Provisions of FR-56 (a), the Government-Servant retires from Service on attaining the Age of Superannuation in the after noon of the last-day of the Month in which he completes the Age of superannuation. In other words all those born between the 2nd to the last-day of the Month deemed to complete age of superannuation in the after noon of the last-day of the same Month, and draw Pensionary-Benefits from the 1st of the succeeding-month. On the contrary, the same rule provides that the Person who is born on the 1st of any Month completes age of superannuation in the afternoon of the last-day of the preceding-month and superannuates on that day it self but draws Pensionary-Benefits from the 1st, i.e. his date of birth. The person is treated to be a retired person/pensioner as well as an employee of the Government on the 31st December, itself.

As this rule was/is very harshly operating particularly against those born on the Ist January, 1938/1946/1956 as they were retired in the after noon of the preceding day of the date from which 5th/6th/7th CPC were implemented a number of persons filed cases in courts and got the relief. Some of the important decided cases are as follows:
->FOURTH CPC In S. Banerjee case it was HELD: Under paragraph 17.3 of Chapter 17, Part II of the
Report of the Fourth Central Pay Commission the benefits
recommended will be available to employees retiring during
the period, January 1, 1986 to September 30, 1986. In the
instant case, the petitioner was permitted to retire volun-
tarily from the service of the Registry of the Supreme Court with effect from the forenoon of January 1, 1986. The fact that under the proviso to rule5(2) of the Rules, the petitioner will not be entitled to any salary for the day on which he actually retired has no bearing on the question as to the date of retirement. The petitioner could not be said to have retired on December 31,1985. It has then to be said that he had retired with effect from January 1, 1986 and that is also the order of this Court dated December 6, 1985. He, therefore, comes within the purview of paragraph 17.3 of the recommendations of the Pay Commission.
The respondents to calculate and pay to the petitioner
within three months his pension in accordance with the
recommendation of the Pay Commission as contained in para-
graph 17.3.

->Fifth CPC. In Venkatram Rajagopalan v. Union of India the Tribunal was concerned with the question whether a Government servant completing the age of superannuation in the afternoon of 31.3.1995 is deemed to have retired from service on superannuation with effect from 31.3.1995 or with effect from 1.4.1996. F.R. 56 and Rules 35 and 83 of the Pension Rules were considered by the learned Tribunal. Rule 83(1) of the Pension Rules provided that pension of a superannuated Government servant shall become payable from the date on which Government servant ceased to be in the establishment. Having regard to the same, it was held that a Government servant completing the age of superannuation on 31.3.1995 (let us say on the last working day of the preceding month) is deemed to have effectively retired from service with effect from 1.4.1995 (let us say on the first day of succeeding month). The learned Tribunal also noticed that the Office Memorandum of Government of India dated 14.7.1995 gave the benefit of increased death gratuity and retirement gratuity from Rs.1.00 lakh to Rs.2.50 lakhs in the case of Central Government employees who retire or die on or after 1.4.1995. Interpreting phrase "who retire or die on or after 1.4.1995", Full Bench of the learned Tribunal observed as under:
According to Rule 83(1) of the Pension Rules, pension becomes payable from the date on which Government servant ceases to be born on the establishment (emphasis given). A Government servant continues to be borne on the establishment till midnight of the date of superannuation. The decision of the Hyderabad Bench of this Tribunal in T. Krishna Murthy's case (supra) cannot be brushed aside out by the learned Counsel for the respondents. Retirement may by voluntary or on superannuation. The principles for payment of pension will not vary on the basis of these distinctions. According to us, "afternoon of 31st of March" or "forenoon of 1st of April" means one and the same thing and on this basis also we see no reason to hold that the said case is not applicable to the present cases. In short, we are of the view that in the present cases the effective date of retirement would be i.4.1995 and not 31.3.1995.
The Full Bench came to the t conclusion in laying down that Government servant retiring on last day of the preceding month is would become pensioner on the next day and therefore such pensioners also entitled for the benefit of enhanced gratuity. A person retiring on the last day of the preceding month ceases to be borne on the establishment with effect from beginning of first day of the succeeding month i.e., after 12.00 'O' clock in the night.
-> The question before the Division Bench of Kerala High Court in Union of India v. George(supra)was whether the respondent who was in service till 31.12.1995 is entitled to the payment of retiral benefits at the rates as prevalent on that day or at the rate as revised with effect from 1.1.1996. The Central Administrative Tribunal, Kerala Bench upheld the claim of retired persons taking the view that those persons became pensioners on 1.1.1996. The Division Bench of Kerala High Court followed the judgment of the Supreme Court in Banerjee case, the judgment of the Division Bench of this Court in Malakondaiah case as well as the Division Bench judgment of Kerala High Court in O.P. No. 32459 of 2001, dated 4.1.2002. It was held that the retired person continued in service till midnight of 31.12.1995, that he ceased to be in service from 1.1.1996 and that he acquires status of pensioner. It was also held that the claim to pension has to be determined at the rate prevalent on 1.1.1996.
<-> In all the three judgments discussed above, the issue was whether a Government servant retiring or voluntarily retiring on the last day of the preceding month can be treated to have acquired status of pensioner from the first day of succeeding month after the month in which such employee retired. The view consistently has been that from the midnight of the day of the superannuation, a Government servant becomes pensioner and all the benefits given by the Government with effect from first day of the month after retirement; assuming that such benefit is given - would be entitled for all the benefits.

Gopal Krishan
03-08-2017, 02:09 PM
Mr Krishna,
I had requested for your comments on the brief I had emailed to you
But you have posted the same as it is under this thread. I hope you have no comments to offer and you agree with the same
I would discuss the matter on these lines with the Secretary General of BPS. In case you have any additional materials let me know before hand. I would email the same to Maheshwari tomorrow.
Gopal Krishna

Gopal Krishan
10-08-2017, 12:04 PM
Dear Krishna,
This is with reference to your email about Tamil Nadu Government order about increment. you had sent the same to others also. In fact as you told me the same was published by the Bharat Pensioners Saman in their magazine also. Any comments from them?
Gopal Krishan

JVSR
10-08-2017, 03:20 PM
The following matter was published BPS Aug 2017 Magazine.

INCREMENT:

In order to set right this genuine anomaly, the Government of Tamilnadu has issued an order vide GO No. 311 dated 31.12.2014. As per that order, a Government servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rules may be sanctioned with one notional increment at the prescribed eligible rate, purely for the purpose of pensionery benefits and not for any other purpose.
When Tamil Nadu Govt. could resolve the issue "granting increment" for those Govt Servants served total one year, at least notional increment for the purpose of pensionery benefits, why the Central Govt. (Model Employer) hesitating to implement the same. Hence, it should be resolved with out any further loss of time.

Thanking you,

regards
jvsr krishna
9441903448
jvsrkrishna@gmail.com

Gopal Krishan
11-08-2017, 02:21 PM
Dear Krishna,
The decision of the Government of Tamil Nadu is applicable prospectively. That fact has not been mentioned by the BPS. How that decision of the TN Government is going to help us in our case, which we are agitating before the CAT in New Delhi? Kindly elaborate for the benefit of those interested in the matter. A few of them had been talking to me on telephone desiring to know about the case. If they could also offer their comments in this regard.
Mr Krishna has been writing to some interested pensioners from Kolkata, Mumbai and Chennai. If he has received any comments from them he may like to share with all those interested in this matter.
Is there any development from BPS side to whom we had sent a detailed note about the matter with the request to support us in the CAT?
Gopal Krishan
9911178250

Gopal Krishan
20-09-2017, 05:03 PM
The case filed by Sh Krishna has been fixed for some date of October. Government has filed an MA. A reply to that is being prepared. I would request Mr Krishna to state details of the same for the benefit of those interested in the matter.
Gopal Krishan

JVSR
23-09-2017, 11:01 PM
In this thread, except Gopal Krishan & JVSR Krishna, no other like minded Govt. Servants or Retired Govt. servants are sharing....the information.

From this I understand that others are silent spectators, just they are feeling, if somebody will get benefit, others also will get the same.

It is not the case, rcently, Apex Court also delivered the judgement only to extend the benefits to the applicants only not for similarly placed persons. Hence, those having DOB 01 01 1956 and retired on 31/12/2015 come closer and do their best for filing the court case.

jvsr krishna
9441903448

Gopal Krishan
18-10-2017, 02:21 PM
My case would be heard on the 6th November.
Gopal Krishan

JVSR
19-10-2017, 12:58 PM
My case too posted on 6th Nov. 2017 at Hon. CAT Principal Bench, New Delhi.

jvsr krishna
9441903448

Gopal Krishan
19-10-2017, 02:35 PM
Kapoor's case has been listed for 28th October.
Gopal Krishan

Gopal Krishan
13-01-2018, 05:45 PM
For the information of those who have been talking to me on mobile desiring to know the latest about these cases.
Earlier all the three cases were listed for the 5th January, 2018. However, on that date the case of Shri Krishna has been adjourned to the Ist February, the case of Shri Kapoor for the 6th February and my case to the 26th February, 2018. In my case the Government desired to file an additional affidavit, which was allowed by the Bench. Yet another case has been filed in Mumbai CAT. The Bharat Pensioners Samaj has also taken up the matter, in general, with the
DOPT based on some High/Supreme Court cases. In addition a couple of aggrieved have also represented to the Governent. Others may also like to follow as that would be in the interest of all those affected.
Gopal Krishan
9911178250

Gopal Krishan
10-05-2018, 05:00 PM
My case and the case of Kapoor have been posted for the 30th May.
Gopal krishan

JVSR
11-05-2018, 02:57 PM
My case and the case of Kapoor have been posted for the 30th May.
Gopal krishan

Shri Pathak case at CAT Mumbai bench posted for 30th July, still Dept (Rlys) not yet submitted counter.
JVSR Krishna, Hyderabad
9441903448
jvsrkrishna@gmail.com

JVSR
11-05-2018, 03:20 PM
Shri Pathak case at CAT Mumbai bench posted for 30th July, still Dept (Rlys) not yet submitted counter.
JVSR Krishna, Hyderabad
9441903448
jvsrkrishna@gmail.com

my case at Principal Bench, New Delhi posted for hearing on 09/07/2018.

jvsr krishna
9441903448

Gopal Krishan
02-06-2018, 01:47 PM
All the three cases are now listed for the 9th July, 2018 in CAT, New Delhi.
Gopal Krishan

Gopal Krishan
05-07-2018, 07:53 PM
One Mr Dogra of Delhi with dob as 111938 has shown interest in the matter.
Gopal krishan

Gopal Krishan
29-08-2018, 07:08 PM
The OA filed by Shri Dogar has been admitted. In fact the CAT has decided a case in favour of Shri G.C. Yadav, retired Deputy Secretary to the Government of India vide OA No. 571 of 2017. Our cases are listed for the 14th September, 2018.
Gopal Krishan
9911178250

Gopal Krishan
14-10-2018, 02:26 PM
A whatt's group has been formed by those pensioners born on the Ist January, 1956/1946/1938. For ascertaining further developments in the matter those interested could join that group. That group is planning to file cases in CAT etc. and also PIL in the Supreme court.
Gopal Krishan
9911178250