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Thread: Injustice ti 1.1.1928/1938/1946 born pensioners

  1. #1
    Senior Member Gopal Krishan is on a distinguished road
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    Default Injustice to 1.1.1928/1938/1946 born pensioners

    Before the Third CPC Government servants used to retire on superannuation on their respective date of birth on attaining the age of superannuation on the preceding day of the date of birth, under the then statutory rules/regulations. Legally also ”in calculating a person's age, the day of his birth counts as a whole day and he attains a specified age on the day next before the anniversary of his birth day." As such the statutory rules, under which Government servants used to retire, did not provide about attaining the age of superannuation or retirement in the forenoon or the afternoon of a day. In other words, those born on the Ist used to retire on the Ist on attaining the age of superannuation on the last day of the preceding month and similarly all others on their respective dates of birth on attaining the age of superannuation on the preceding day. It follows from this that under the then exiting provisions not much accounting work was involved in respect of those born on the Ist as compared to others born on the 2nd on wards. In the case of the former they would get their pay and allowances for the preceding full month as working Government servants and from the Ist they would start getting their pension as pensioners. But in the cases of the latter a lot of accounting work was involved as for the part of the same month there was need for calculating pay and allowances and for the other part for calculating pension.

    2. With a view to simplifying the accounting work involved in the latter category only, the 3rd CPC recommended "that the retirement of Government employees should take effect from the afternoon of the last day of the month in which the employee concerned attains the age of superannuation instead of the afternoon of the actual date of his superannuation." Ministry of Finance, Department of Expenditure, with the approval of the cabinet, accepted the recommendation vide notification of November, 1973 without mentioning any thing about those born on the Ist of a month. In order to give effect to the acceptance of the said recommendation by the Government, the DOPT, simply going by the words of the recommendation, issued orders on the 24th November, 1973 and May, 1974 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 falls. These orders also did not mention any thing about those born on the Ist of a month and were not in line with the accepted recommendation of the CPC.

    3. Moreover, for the first time the Commission had used the expressions ‘afternoon of the actual date of his superannuation’ and ‘afternoon of the last day of the month in which the employee concerned attains the age of superannuation.’ Unfortunately, neither the Ministry of Finance nor the DOPT examined, in the back ground of the then existing statutory rules etc., the expression used for the first time. The Commission and both the Departments –Department of Expenditure and the Department of Personnel and Training- were under the impression that one retired on superannuation in the evening, i.e., the afternoon of the day he was given farewell. That created all the confusion and is the root cause of all the representations and various court cases for years. In any case, as there was no need to simplify the accounting work in respect of all those born on the Ist and as such there was no need to provide anything specifically for them.
    4. In the absence of any reference to those born on the Ist, in the orders issued by the DOPT which clearly stated that government servant shall retire from service wef the afternoon of the last day of the month in which their date of retirement according to FR 56 falls, doubts were raised by some Ministries/Departments, whether the decision about retirement of Government servants with effect from the afternoon of the last day of the month in which their date of retirement falls was also applicable to those born on the Ist of a month. In other words whether those born on the Ist were also required to be continued and retired on the last day of the month, as under the then existing rules/regulations, they were also being retired on the Ist on attaining the age of superannuation. That was the only limited question put forth by various Ministries/Departments before the DOPT. However, as the Ministry of Finance and DOPT had already taken a decision, without detailed examination of the recommendation made under some misunderstanding of the then existing provision, they, more so in the case of DOPT, worked very hard to justify their earlier action, particularly in view of the stand already taken on a reference from the DG P&T. before issuing the OM of June, 1974. This OM, specifically, one can say arbitrarily, provided that all those born on the Ist would retire on attaining the age of superannuation on the last day of the preceding month. Obviously the same was against the then existing statutory rules and as such void- ab- initio Subsequently, the Department of Expenditure, Ministry of Finance, not empowered to do so, modified the statutory rules based on ab- initio- void executive instructions. In the process Department of Personnel and Training lost the focus on the ONLY issue, as posed by some of the Ministries/Departments whether the decision to retire all the Government servants on the last day of the month, would be applicable to Ist day born instead orders issued in June 74 mentioned “that various Ministries/Departments have sought clarification from time to time regarding the date of retirement of officers having the Ist of a month as their birthday.” They also ignored number other important points specifically that the basic understanding of the Commission of the then existing provisions was misplaced.
    5. In nutshell the arbitrary and unjust orders meant that all those born on the Ist would retire a day before than the day they used to retire on superannuation under the statutory rules governing their retirement prior to 3rd CPC whereas all those born on the 2nd on wards would continue even beyond their date of birth and would retire on attaining the age of superannuation on the last day of the month in which they were born. In other words all those born on the IST OF MONTH WERE CLUBBED WITH THOSE BORN ON the 2nd on wards during the previous month. What the Department should have done was all those born on the 2nd on wards in the preceding month should have been clubbed with those born on the Ist of the following month in the matter of date of retirement. Above all various Ministries/Departments had not sought for any clarification in that regard.
    (obviously the 3rd CPC misconstrued the then existing position of the rules/regulations and instructions issued there under about the date of attaining the age of superannuation and the date of retirement).( the orders of 1973/74 meant that all those born on the first of a month would retire from the afternoon of the last day of the month of their birth)(The clarification issued in June, 1974 is neither in line with the old rules/regulations etc nor the recommendation of the 3rd CPC nor the orders issued in 1973/1974 by the then Department of Personnel and Administrative Reforms)
    As the representations to DOPT, as usual, have fallen on deaf ears, I intend to take up the matter with the CAT PB Delhi. I am not sure whether I can take up the matter on behalf of all the above referred pensioners in my personal capacity, as question about my locus standi would certainly be raised.ALL THIS IS BASED ON THE OFFICIAL RECORD AVAILABLE WITH ME UNDER RTI ACT.
    Gopal Krishan
    9911178250
    Last edited by Gopal Krishan; 02-09-2015 at 06:23 PM.

  2. #2
    Senior Member sundarar is on a distinguished road
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    Dear Sir,

    The manner in which the annual increment date for all serving employees have been changed to 1st July of an year, can very well be followed uniformly in the case of retirement date also. Irrespective of birth date whether falling on 1st of a month or thereafter, all retirees to be deemed to have been retired on last day of the month in which he attains his 61st birthday.
    Preponing the actual date of retirement to last day of the preceding, just because the same falls on 1st of a month, does not have any justification. On or after attaining 61st birth day, a person will stand retired from service on superannuation and this is only being followed in the case of those who born between 2nd and last day of a month. Why there should be a differential treatment for a person born on 1st of a month, it is not clear. A uniform treatment unmindful of the cut-off date, viz. 1.1.1928, 1.1.1938, 1.1.1945, etc. a Govt. servant irrespective of his birth date, ie. first of the month or otherwise, shall be made to retire in the last day of the (61st birth) month in which the 61st birthday falls. It is time for such administrative reforms and since past cases may not be huge in number, so the decision should take care of availability of its uniformity to all past/present/future Govt. employees.

    When a person exhausts alll available possible avenues prior to litigation exercise, next option at his hand can very well be thought of.
    Last edited by sundarar; 05-03-2015 at 06:15 AM.

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    Senior Member soodeep is on a distinguished road
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    I agree with sundararji. The Revised Pay Rules framed after 6th CPC mentioned about getting one increment if the person are there for more than six months, i.e. a person promoted on 1st of January can get the increment as he was there from 1st July to 31st Dec in the preceding year. A person render service for the last one (date of birth on 1st July) year can't get increment for the sake of his retirement on 3oth June. Different employees organisation placed the fact to the 7 CPC. Hope for the best

    soodeep

  4. #4
    Senior Member Gopal Krishan is on a distinguished road
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    My point was whether it was justified on the part of the then Department of Personnel and Administrative Reforms to change the date of retirement on attaining the age of superannuation from the Ist to the last day of the preceding year based on the recommendation of the 3rd CPC. Fact remains that prior the the 3rd CPC the date of retirement of those born on the Ist used to be the Ist of the relevant month on attaining the age of superannuation on the preceding date, i.e. the last date of the preceding month. The Commission recommended change of date of retirement with a view to simplify the accounting work only. In the cases of all those born on the Ist there was no difficulty in calculating the pension etc. As such there was no justification to change the date of retirement of all those born on the Ist. Any comments?
    Gopal Krishan
    9911178250

  5. #5
    Senior Member Gopal Krishan is on a distinguished road
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    A petition has been filed in the PB CAT New Delhi.
    Those with 1.1.1956 as their date of birth would lose benefits of the 7th CPC if the same is made applicable wef 1.1.2016
    Gopal Krishan
    Last edited by Gopal Krishan; 05-09-2015 at 01:15 PM.

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    Senior Member Gopal Krishan is on a distinguished road
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    The OA has been admitted.
    Gopal Krishan

  7. #7
    Senior Member Gopal Krishan is on a distinguished road
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    Shri J.V.S.R.Krishna, Khammam Distt. was born on the 1st January, 1956. He would also be facing problems with reference to the 7th CPCs. Others in that category or born on the Ist Jan. 1946/1938/1928 could come forward for a common petition etc. in the matter.
    Gopal Krishan
    9911178250
    gopalkrishan60@yahoo.com

  8. #8
    Senior Member Gopal Krishan is on a distinguished road
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    One Shri Mukund Rajan also suffered benefits of 6th CPC as his date of birth is also 1.1.1946
    Gopal Krishan

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    Senior Member Gopal Krishan is on a distinguished road
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    The OA challenging the decision of the Government of India under which all those born on the Ist Jan 1928/1938/1946 suffered the benefits of the 4th/5th/6th CPC respectively, would come up on the 3rd December, 2015. If the 7th CPC is also made applicable with effect from the Ist Jan. 2016, all those born on the Ist Jan. 1956 would also suffer.
    Gopal Krishan
    9911178250/9899790552
    gopalkrishan60@yahoo.com
    gopalkrishan111946@gmail.com

  10. #10
    Senior Member Gopal Krishan is on a distinguished road
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    Dear Pandari1156
    You may like to represent to your Department as per the draft I am suggesting. The same follows:
    SIR,
    I JOINED THE DEPARTMENT IN THE YEAR ………. AS …….. .
    AT PRESENT I AM WORKING AS . MY DATE OF BIRTH IS 01/01/1956.
    SIR, AS YOU ARE AWARE PRESENTLY VARIOUS MINISTRIES/DEPARTMENTS ISSUE ORDERS RETIRING OFFICIALS ON SUPERANNUATION, BORN ON THE IST OF A MONTH, ON THE LAST DAY OF THE PRECEDING MONTH. ACCORDINGLY I EXPECT THAT SIMILAR ORDERS WOULD BE ISSUED IN MY CASE RETIRING ME ON THE 31ST DECEMBER, 2015, AS A RESSULT OF WHICH, I WOULD BE CATEGORIZED AS PRE-20016 PENSIONER.
    IN THIS CONNECTION I BEG TO SUBMIT AS FOLLOWS:
    (i) Prior to the practice/instructions/rules of retiring on superannuation of all those born on the Ist of a month on the afternoon of the last day of the preceding month, Article 14 of the Civil Service Regulation which were being followed for decades provided that an officer whose date of birth was the Ist day of a month ceased to be on duty on attaining the age of superannuation on his 61st Birthday. Besides, the AUDIT INSTRUCTIONSbelow FR 56 as existed then had similar provision. This rule applied to all Government servants, whether civil or military.
    (ii) The other statutory Rule 5(2) of the Central Civil Service (Pension) Rule, 1972 framed under Article 309 of the Constitution of India also provided that "The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as a non-working day.
    (iii) According to Rule 83(1) of the Pension Rules, 1972 framed under the Article 309 of the Constitution of India, as existed earlier also provided that pension becomes payable from the date on which Government servant ceases to be born on the establishment.
    (iv) Even at present Leave Preparatory to retirement has to be till the date one attains the age of superannuation. In other words even at present according to the Rules/instructions one retires on superannuation on the date of birth of the relevant year and pension is payable from that date.
    (v) Because according to the Halsbury's Law of England "In computing a period of time, at any date, when counted in years or months, no regard is generally paid to fractions of a day, in the sense that the period is regarded as complete although it is short to the extent of fraction of a day. Similarly, in calculating a person's age, the day of his birth counts as a whole day; and he attains a specified age on the day next before the anniversary of his birth day."

    (vi) As the current practice/instructions/rules was discriminatory against all those born on the Ist of a month and harshly operating against them, particularly born on the Ist of January/1928/1938 with reference to pensionery benefits of 4th and 5th CPC, they started knocking the doors of CAT/courts and got favourable judgements. When a similar case was before the Hon'ble High Court of Kerala it observed that there was lack of clarity in rules.

    (vii) When, those born on other than Ist, attained the age of superannuation they were deemed not have attained the same and allowed to continue till the last of the month, whereas those born on the Ist deemed to have attained the age superannuation on a day before the last day of the preceding month.
    (viii) In other words the date of birth of those born on the Ist, is being changed from the Ist to the last day of the preceding month.
    (ix) The applicant would not be at par with those born on the 2nd onwards inasmuch as they would superannuate on the last day of January, 2016 as against 3Ist December,2015 for the applicant. As a result there would be two separate groups- one those born between 2nd and 31st and the other those born on the Ist - resulting in discrimination against those born on the Ist.
    (x) Based on the recommendations of the 3rd CPC it was decided that the date of annual increment would be the Ist of a month irrespective of fact whether one completes one year on the last day of the month. Similarly it was also decided that all those born on the 2nd onwards would retire on the last day of the month irrespective of the fact whether he attains the age on the age of superannuation on the Ist of the month. Based on the principle of annual increment it was also decided that enhanced pension at the age of 80 years etc. would also be granted from the Ist of a month irrespective of the fact whether one attains that age on the 30th of the month.

    (XI) I WOULD BE ATTAINING THE AGE OF SUPERANNUATION ON THE 31ST DECEMBER, 2015, WHICH WOULD BE A WORKING DAY FOR ME AND I WOULD BE PAIND PAY AND ALLOWANCES FOR THAT DAY

    (XII) I WOULD NOT START GETTING PENSION FROM THAT DATE, I.E., THE 31ST DECEMBER, 2015 . PENSION WOULD START WEF THE IST OF JANUARY, 2016. AS SUCH I WOULD BECOME A PENSIONER FROM THE IST FO JANUARY, 2016.

    IN VIEW OF THE FACTS AND LEGAL POSITION MENTINED ABOVE IT IS REQUIESTED THAT ORDERS MAY KINDLY BE GOT ISSUED RETIRING ME EFFECTIVELY WITH EFFECT FROM THE IST JAN, 2016, ON ATTAINING THE AGE OF SUPERANNUATION ON THE 31ST DECEMBER, 2015. AS A RESULT TREAT ME AS POST-20015 PENSIONER
    Last edited by Gopal Krishan; 27-11-2015 at 01:31 PM.

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    Senior Member Gopal Krishan is on a distinguished road
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    Dear Krishna,
    As discussed on phone, you can write to the DOPT as follows:

    To
    The CPIO Estt (A), DOPT, New Delhi.

    Sir,
    On page number 13/N of file no. 33/12/73-Estt(A) it has been recorded by the then Section Officer, Shri G Sitaraman that "In this connection it may be stated that we had taken a similar stand on a reference from the DGP&T vide routine notes placed below."

    It is requested that I may be favoured, under RTI Act, with a copy of the routine notes referred to above.

    A postal order for Rs ten is enclosed towards fee.


    Gopal Krishan

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    Senior Member Gopal Krishan is on a distinguished road
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    JVSR Krishna of Khammam District, whose date of birth is 1.1.1956 has been retired on superannuation on the After noon of the 31st December, 2015 under the irrational/illogical policy decision of the Government of India in the Department of Personnel and Training. He is planning to agitate the matter in the CAT. Those interested could join him.
    Gopal Krishan

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    Member JVSR is on a distinguished road
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    Those central government employees having date of birth 01/01/1956, superannuated on 31/12/2015, for implementation of 7th CPC recommendations, come together with the following details, requested to add email id, mobile number, designation at the time of retirement, post held, Grade Pay, Office & Ministry and any other details, so that a forum can be created.
    regards.
    JVSR KRISHNA,
    1.jvsrkrishna@gmail.com
    2.9441903448 (Mobile)
    3.Technical Officer/D,
    4. GP-6600/-
    5.Heavy Water Plant (Manuguru)
    Department of Atomic Energy.

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    Senior Member Gopal Krishan is on a distinguished road
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    My best wishes. Any assistance required from me?
    Gopal Krishan

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    Member JVSR is on a distinguished road
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    Quote Originally Posted by Gopal Krishan View Post
    My best wishes. Any assistance required from me?
    Gopal Krishan
    sure Sir, just now posted requesting to similarly placed pensioners to come-to-gether with their details, to agitate on the specific subject.

  16. #16
    Senior Member Gopal Krishan is on a distinguished road
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    With the passage of time and in the light of the information I have obtained from various Departments of the Government of India, I feel that the title of this thread should be, " Retiring of employees born on the Ist of January, 1928/1938/1946/1956 on the last day of the preceding year, under the illegal policy decision and thereby depriving them of the benefits of the 4th/5th/6th/7th CPCs"
    Gopal Krishan
    Last edited by Gopal Krishan; 22-01-2016 at 06:44 PM.

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    Senior Member Gopal Krishan is on a distinguished road
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    On the 3rd December, 2015, the respondents were given three weeks time to file reply. The next date is the 4th April, 2016.
    Gopal Krishan

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    Senior Member Gopal Krishan is on a distinguished road
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    Next date of hearing has been fixed as the 18th July, 2016. Government is yet to file a reply.
    Gopal Krishan
    Last edited by Gopal Krishan; 29-04-2016 at 01:07 PM.

  19. #19
    Senior Member Gopal Krishan is on a distinguished road
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    For latest position kindly see the thread 'Retiring of employees born on the Ist Jan. 1928/1938/1946/1956 by various Ministries/Dep[artments................'
    Gopal Krishan

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