+ Reply to Thread
Page 1 of 2 1 2 LastLast
Results 1 to 20 of 63

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

Hybrid View

  1. #1
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default Retiring of employees born on Ist of January, 1928/1938/1946/1956 by the Government

    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"
    Last edited by Gopal Krishan; 08-05-2016 at 05:40 PM.

  2. #2
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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

  3. #3
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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

  4. #4
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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

  5. #5
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default Retiring of employees born on Ist of January, 1928/1938/1946/1956 by the Governm

    From:
    J V S R Krishna)
    Ex-Technical Officer / D,
    Heavy Water (Manuguru)
    Govt. of India, Dept. of Atomic Energy.
    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
    Last edited by JVSR; 19-09-2016 at 11:02 PM. Reason: total text not completed

  6. #6
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    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: [email protected] (ph No.09441903448)

  7. #7
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    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.

    LikeShow more reactions
    Comment






    2 2





    Comments


    Avinash Kumar 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
    LikeShow more reactions

  8. #8
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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

  9. #9
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default DA, GRATUITY, COMMUTATION FACTOR those having DOB 1/1/1956 & Retired on 31/12/2015

    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.
    Last edited by JVSR; 27-06-2017 at 09:20 PM.

  10. #10
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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
    Last edited by Gopal Krishan; 06-07-2017 at 02:24 PM.

  11. #11
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    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
    [email protected]

  12. #12
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    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
    [email protected]
    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
    Last edited by JVSR; 25-07-2017 at 11:20 AM. Reason: for proper format

  13. #13
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default


  14. #14
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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

  15. #15
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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

  16. #16
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    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
    [email protected]

  17. #17
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    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
    [email protected]
    9441903448

  18. #18
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    Shri Baldev Kapoor's next date for filing the Govt reply 03/10/2017.

  19. #19
    Member JVSR is on a distinguished road
    Join Date
    Jan 2016
    Posts
    34

    Default

    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.

  20. #20
    Senior Member Gopal Krishan is on a distinguished road
    Join Date
    Nov 2011
    Posts
    472

    Default

    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

+ Reply to Thread
Page 1 of 2 1 2 LastLast

Similar Threads

  1. Injustice ti 1.1.1928/1938/1946 born pensioners
    By Gopal Krishan in forum Pensioners
    Replies: 18
    Last Post: 07-07-2016, 04:48 PM
  2. Replies: 0
    Last Post: 25-09-2013, 01:41 PM
  3. Replies: 0
    Last Post: 16-01-2013, 07:55 AM
  4. Replies: 0
    Last Post: 06-04-2012, 04:54 PM
  5. LIEN rules and procedure for Central Government employees.
    By virgu in forum Other Service Matters
    Replies: 2
    Last Post: 17-11-2011, 08:15 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts