Tuesday, April 27, 2010
Government has not restricted promotion opportunities for the Personnel Below Officers Rank (PBOR) in the Armed Forces. The Government has, in fact, improved the career prospects by approving grant of three Assured Career Progression (ACP) to PBOR at 8, 16 and 24 years of service as against three Modified Assured Career Progression Scheme (MACPs) for the Central Govt Civilian Employees at 10, 20 and 30 years of regular service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher Grade Pay in hierarchy.
Army: PBORs (including Jawans) are eligible for grant of commissioning into Officer Cadres through various In Service entries i.e. Army Cadet College (ACC) / Special Commissioned Officers (SCO) / Permanent Commission Officers (Special List) [PC(SL)].
Navy: Adequate promotion avenues exist through time based, roster based and selective promotion for sailors. Promotion upto the rank of Leading Seaman/equivalent for non-Artificers and upto the rank of Artificer 3rd class for artificers are time based. Roster based and selective promotions are for higher ranks against the available / anticipated vacancies. Promotion avenues also exist for sailors to be promoted to officer rank through the Commission Worthy Scheme and the Special Duty List Scheme.
Air Force: A PBOR during his service career can be promoted upto the rank of Master warrant Officer (MWO) subject to fulfilling eligibility criteria and availability of vacancies.
Number of PBORs including Jawans promoted to Senior Officers post in the three services of the Armed Forces during the last three years is as under:
Year-- Army*-- Air Force---Navy -Commission Worthy Scheme-special Duty List Scheme
2007 159 94 54 82
2008 139 64
2009 205 59
* Excluding Army Medical Corps and Army Dental Corps
Government proposes to review the promotion policy for PBOR to ensure greater opportunities for PBORs. In the Army, review of the promotion policy for PBOR is under process to ensure better opportunities. A cadre review for the PBOR has been ordered in May 2009. The Navy is also working on a proposal for cadre restructuring of sailors, which would enhance their promotional avenues.
This information was given by Defence Minister Shri AK Antony in a written reply to Shri Arjun Ray in Lok Sabha today.
======================
(source-CG Employees news)
Tuesday, April 27, 2010
Saturday, April 24, 2010
Endless wait for 54 POW families - Data From Defence Ministry Shows Majority Of Persons Missing For 40 Years
Mumbai : The thought that her husband might be alive languishing in some jail in Pakistan still gives Manju Malkhani sleepless nights.The Colaba resident hopes a miracle might happen and her husband, Flight Lieutenant K L Malkhani, may return home finally. Malkhani was a fighter pilot with the Indian Air force and part of the first air strike during the 1971 India-Pakistan war. His first sortie on December 3 in 1971 did the maximum damage in Pathankot area and destroyed the communication installations, recalls Manju. Malkhani did a second sortie but never returned. The search team could never find any remains of the aircraft, which probably means the plane did not crash, Manju says.
Manju is not alone. There are 54 such families of defence personnel across the country who still believe their near and dear ones to be in the custody of Pakistan. Data from the defence ministry show that a majority of these persons have been missing for 40 years now. An RTI activist who filed a query on this issue said the families should get some confirmation whether they are alive or not so that they get on with their lives as the uncertainty is more tragic. Punjab and Haryana top the list with 10 officers gone missing and believed to be in Pakistans custody. Delhi comes 2nd with nine officers missing, followed by Maharashtra with four officers missing. Out of the 54 missing defence personnel, 24 are from the army. A senior defence ministry official said during the visit of the external affairs minister in Jan 07, Pakistan Govt. was persuaded to receive a delegation of people whose close relatives were missing in action. The delegation of 14 relatives even went to 10 jails in Pakistan.But they could not conclusively confirm any physical presence of the missing officers from the defence services, said the official. He added the Pakistan government has consistently denied the presence of any Indian prisoner of war in its jails. But we will continue to exert pressure, the official said. Ansar Burney, who has been fighting the case of alleged Indian spy Sarabjit Singh said he has been working on this for almost 20 years. I found so many prisoners of war in mental asylums, even the Pakistani paper Dawn had reported it then. The problem is that both sides hide their prisoners of war. There was the case of Kashmir Singh who was found after many years and his name then was Ibrahim. I would want the Pakistan authorities to search for them and share the information with the Indian government. Nasir Aslam Zahid, a former judge of Pakistan, has been working to secure the release of prisoners on both sides of the border from 2004. I visit jails every day and with experience I can tell you there is no Indian prisoner of 65 and 71 on jail records of Pakistan, he said, adding there was a joint committee of eight judges from both sides of the border which was abandoned after 26/11. Our delegation went to Delhi in 2008 and then a delegation came from India in March 2008 that visited the jails of Pakistan. There were only about 15 prisoners whom this delegation met. Not one member from the delegation indicated there might be some prisoners of war, said Zahid.
===============================
(source-toi)
Manju is not alone. There are 54 such families of defence personnel across the country who still believe their near and dear ones to be in the custody of Pakistan. Data from the defence ministry show that a majority of these persons have been missing for 40 years now. An RTI activist who filed a query on this issue said the families should get some confirmation whether they are alive or not so that they get on with their lives as the uncertainty is more tragic. Punjab and Haryana top the list with 10 officers gone missing and believed to be in Pakistans custody. Delhi comes 2nd with nine officers missing, followed by Maharashtra with four officers missing. Out of the 54 missing defence personnel, 24 are from the army. A senior defence ministry official said during the visit of the external affairs minister in Jan 07, Pakistan Govt. was persuaded to receive a delegation of people whose close relatives were missing in action. The delegation of 14 relatives even went to 10 jails in Pakistan.But they could not conclusively confirm any physical presence of the missing officers from the defence services, said the official. He added the Pakistan government has consistently denied the presence of any Indian prisoner of war in its jails. But we will continue to exert pressure, the official said. Ansar Burney, who has been fighting the case of alleged Indian spy Sarabjit Singh said he has been working on this for almost 20 years. I found so many prisoners of war in mental asylums, even the Pakistani paper Dawn had reported it then. The problem is that both sides hide their prisoners of war. There was the case of Kashmir Singh who was found after many years and his name then was Ibrahim. I would want the Pakistan authorities to search for them and share the information with the Indian government. Nasir Aslam Zahid, a former judge of Pakistan, has been working to secure the release of prisoners on both sides of the border from 2004. I visit jails every day and with experience I can tell you there is no Indian prisoner of 65 and 71 on jail records of Pakistan, he said, adding there was a joint committee of eight judges from both sides of the border which was abandoned after 26/11. Our delegation went to Delhi in 2008 and then a delegation came from India in March 2008 that visited the jails of Pakistan. There were only about 15 prisoners whom this delegation met. Not one member from the delegation indicated there might be some prisoners of war, said Zahid.
===============================
(source-toi)
Friday, April 23, 2010
100TH PENSION ADALAT AT BENGULURU ON 19 AND 20 AUG 2010
ALL VETERAN BROTHERS IN THE STATE OF KARNATAKA MAY BE PLEASED TO NOTE THAT THE 100TH PENSION ADALAT WILL BE HELD AT BENGULURU ON 19 AND 20 AUG 10.
FOR ANY PENSION PROBLEM THEY MAY APPROACH THE ADALAT OFFICER, WITH ALL DETAILS IN THE PRESCRIBED APPLICATION FORM.
CLICK HERE TO VIEW THE NOTICE AND APPLICATION FORM
LAST DATE FOR RECEIPT OF APPLICATION FORMS IS - 30 JUN 2010
FOR ANY PENSION PROBLEM THEY MAY APPROACH THE ADALAT OFFICER, WITH ALL DETAILS IN THE PRESCRIBED APPLICATION FORM.
CLICK HERE TO VIEW THE NOTICE AND APPLICATION FORM
LAST DATE FOR RECEIPT OF APPLICATION FORMS IS - 30 JUN 2010
Thursday, April 22, 2010
Resettlement of Ex-Servicemen
Thursday, July 30, 2009 - There is no proposal to extend minimum pensionary benefits to the ex-servicemen who render less than 15 years of service. The data with regard to number of ex-servicemen State-wise is given below:
===================================
Sl.No. States EX- SERVICEMEN - Army Air Force Navy TOTAL
===================================
1. Andhra Pradesh 58703 10522 4479 73704
2. Arunachal Pradesh 284 0 0 284
3. Assam 30219 2184 872 33275
4. Bihar 64972 3075 1458 69505
5. Chattisgarh 4209 272 156 4637
6. Goa 1118 204 646 1968
7. Gujarat 16615 3818 607 21040
8. Haryana 215075 10432 8781 234288
9. Himachal Pradesh 95905 1989 3163 101057
10. Jammu Kashmir 65254 601 458 66313
11. Jharkhand 17064 1084 843 18991
12. Karnataka 53834 9167 2094 65095
13. Kerala 123380 20185 11048 154613
14. Madhya Pradesh 35630 1548 1057 38235
15. Maharashtra 132381 11239 13362 156982
16. Manipur 6225 74 33 6332
17. Meghalaya 2072 78 54 2204
18. Mizoram 4642 20 20 4682
19. Nagaland 2560 8 17 2585
20. Orissa 23629 4435 2085 30149
21. Punjab 266238 9837 5103 281178
22. Rajasthan 136664 6453 3554 146671
23. Sikkim 1094 1 8 1103
24. Tamil Nadu 105429 10886 3248 119563
25. Tripura 2107 101 51 2259
26. Uttarakhand 222314 19143 10533 251990
27. Uttar Pradesh 111922 2028 2088 116038
28. West Bengal 47657 9588 3512 60757
29. A & N Islands UT 435 103 140 678
30. Chandigarh UT 6047 2399 340 8786
31. Delhi 28294 6214 2709 37217
32. Puducherry UT 1272 327 89 1688
===================================
31. TOTAL 1883244 148015 82608 2113867
Note: Figures for the states of Arunachal Pradesh, Bihar, Manipur are provisional.
===================================
Various training and self-employment schemes for the welfare and resettlement of ex-servicemen are provided through the Directorate General of Resettlement (DGR) and Kendriya Sainik Board (KSB). Details are as follows:
Ex-servicemen are given training to prepare them for civilian life. DGR is entrusted with the responsibility of preparing both ex-servicemen and retiring service personnel for a second career. Towards this end Officers and PBORs are given resettlement training at IIMs and various other institutes across the country. The following self employment schemes are operated for the welfare of officers and PBORs Ex-servicemen:-
Security Agencies; Allotment of surplus army vehicles; Coal Transportation scheme; Coal Tipper Scheme; Allotment of oil product agencies; Allotment of BPCL-GHAR outlets; Mother Diary Milk and Fruits and Vegetables shops; Management of CNG Station by ESM Officers in NCR; Management of Toll Plaza under NHAI; Kidzee brand chain franchise. Financial assistance is provided for treatment of serious ailments, supply of modified scooters for ESM paraplegics, toolkits for ESM technician, financial assistance for needy ESM for house repair, daughter’s marriage, children education etc, Prime Minister’s Merit Scholarship Scheme, funds for maintenance of paraplegic rehabilitation centres, Cheshire home and St. Dustan aftercare organization and war memorial hostels. Besides the above the following benefits are also available to Ex-servicemen: Tuition Fee exemption for wards of war widows/war disabled ESM; Allotment of medical/BDS seats to wards of Defence Personnel; Reservation in State Government jobs and in professional colleges for wards of ESM/widows; Reservation in allotment of house sites/flats; Cash incentives for winners of gallantry awards; Ex-gratia grant to war widows; Legal assistance and exemption of court fee; Concession in fare for rail and air to recipients of gallantry awards, permanently disabled Officers and war widows; 10 to 24.5% reservation in Group ‘C’ and ‘D’ posts in Central and State Governments, PSUs, nationalized banks and paramilitary forces. Along with the above benefits 100% medical coverage is provided to ESM pensioners through Ex-Servicemen Contributory Health Scheme (ECHS), who are members of scheme.
This information was given by Minister of State for Defence Shri M.M. Pallam Raju in a written reply to Shri Kodikkunnil Suresh in Lok Sabha today.
=============================
(source-cg employees news)
===================================
Sl.No. States EX- SERVICEMEN - Army Air Force Navy TOTAL
===================================
1. Andhra Pradesh 58703 10522 4479 73704
2. Arunachal Pradesh 284 0 0 284
3. Assam 30219 2184 872 33275
4. Bihar 64972 3075 1458 69505
5. Chattisgarh 4209 272 156 4637
6. Goa 1118 204 646 1968
7. Gujarat 16615 3818 607 21040
8. Haryana 215075 10432 8781 234288
9. Himachal Pradesh 95905 1989 3163 101057
10. Jammu Kashmir 65254 601 458 66313
11. Jharkhand 17064 1084 843 18991
12. Karnataka 53834 9167 2094 65095
13. Kerala 123380 20185 11048 154613
14. Madhya Pradesh 35630 1548 1057 38235
15. Maharashtra 132381 11239 13362 156982
16. Manipur 6225 74 33 6332
17. Meghalaya 2072 78 54 2204
18. Mizoram 4642 20 20 4682
19. Nagaland 2560 8 17 2585
20. Orissa 23629 4435 2085 30149
21. Punjab 266238 9837 5103 281178
22. Rajasthan 136664 6453 3554 146671
23. Sikkim 1094 1 8 1103
24. Tamil Nadu 105429 10886 3248 119563
25. Tripura 2107 101 51 2259
26. Uttarakhand 222314 19143 10533 251990
27. Uttar Pradesh 111922 2028 2088 116038
28. West Bengal 47657 9588 3512 60757
29. A & N Islands UT 435 103 140 678
30. Chandigarh UT 6047 2399 340 8786
31. Delhi 28294 6214 2709 37217
32. Puducherry UT 1272 327 89 1688
===================================
31. TOTAL 1883244 148015 82608 2113867
Note: Figures for the states of Arunachal Pradesh, Bihar, Manipur are provisional.
===================================
Various training and self-employment schemes for the welfare and resettlement of ex-servicemen are provided through the Directorate General of Resettlement (DGR) and Kendriya Sainik Board (KSB). Details are as follows:
Ex-servicemen are given training to prepare them for civilian life. DGR is entrusted with the responsibility of preparing both ex-servicemen and retiring service personnel for a second career. Towards this end Officers and PBORs are given resettlement training at IIMs and various other institutes across the country. The following self employment schemes are operated for the welfare of officers and PBORs Ex-servicemen:-
Security Agencies; Allotment of surplus army vehicles; Coal Transportation scheme; Coal Tipper Scheme; Allotment of oil product agencies; Allotment of BPCL-GHAR outlets; Mother Diary Milk and Fruits and Vegetables shops; Management of CNG Station by ESM Officers in NCR; Management of Toll Plaza under NHAI; Kidzee brand chain franchise. Financial assistance is provided for treatment of serious ailments, supply of modified scooters for ESM paraplegics, toolkits for ESM technician, financial assistance for needy ESM for house repair, daughter’s marriage, children education etc, Prime Minister’s Merit Scholarship Scheme, funds for maintenance of paraplegic rehabilitation centres, Cheshire home and St. Dustan aftercare organization and war memorial hostels. Besides the above the following benefits are also available to Ex-servicemen: Tuition Fee exemption for wards of war widows/war disabled ESM; Allotment of medical/BDS seats to wards of Defence Personnel; Reservation in State Government jobs and in professional colleges for wards of ESM/widows; Reservation in allotment of house sites/flats; Cash incentives for winners of gallantry awards; Ex-gratia grant to war widows; Legal assistance and exemption of court fee; Concession in fare for rail and air to recipients of gallantry awards, permanently disabled Officers and war widows; 10 to 24.5% reservation in Group ‘C’ and ‘D’ posts in Central and State Governments, PSUs, nationalized banks and paramilitary forces. Along with the above benefits 100% medical coverage is provided to ESM pensioners through Ex-Servicemen Contributory Health Scheme (ECHS), who are members of scheme.
This information was given by Minister of State for Defence Shri M.M. Pallam Raju in a written reply to Shri Kodikkunnil Suresh in Lok Sabha today.
=============================
(source-cg employees news)
Wednesday, April 21, 2010
And Accountability For All - Change the system in which politicians, bureaucrats and citizens seek to elude responsibility : Rajiv Desai
In many ways, Govt has embarked on a path-breaking route, in terms of both domestic and foreign policy. For instance, sometime ago, the issue of fertiliser subsidies came up. In one fell swoop, Govt. changed the game by targeting subsidies on the basis of nutrients. Thanks to policy change, farmers will look to nutrients other than urea. This will increase yields dramatically. Urea-based fertilisers were once good and Govt. policies championed their use. Over the years, it became clear that they had passed the point of diminishing returns. Everywhere in the world, Govts. have promoted suplhur-based and other nutrients in the mix to increase yields and protect the soil. With all noise about food inflation, the Govt. has pointed to the exploitative role of middlemen in the journey farm products make from the fields to the market. In recent times,the FM has made several references to the need for organised retail in the grocery business, most recently at the CII national meeting in Delhi. Coming to taxes, the FM cut individual taxes while increasing some indirect levies. The idea is sterling: put more money in the hands of middle-class families and let them decide what they can or cannot afford. If I am considering buying a car and it costs a few thousand rupees more, it is my call. By putting economic decisions in the citizens hands, the Govt. has been making a major paradigm shift. Emphasis on infrastructure is also welcome. Roads, ports, airports and railroads are being built. The trouble is that modern infrastructure is at the disposal of government agencies and citizens with zero ethics or civic consciousness. Thus, it gets caught up in bottlenecks caused by lackadaisical enforcement and citizens who habitually violate the law. For instance, many cities now have modern airports. They are like white elephants because, the minute you step outside, there is total chaos.Its the same thing for highways. We recently travelled to Chandigarh from Delhi. The road is work-in-progress and there are significant flyovers and wide pavements.But there is total traffic chaos. Even as you rev to the top speed of 90 km per hour, you find yourself having to deal with vehicles going the wrong way, underpowered trucks, three-wheeled vehicles, bullock carts, cycle rickshaws,handcarts, herds of cows and sheep and, scariest of all, dare-devil pedestrians trying to cross the highway. They make the journey a nightmare. There is simply no policing, no signage or other facilities that go with modern highways. Its almost as though modern amenities are made available to citizens with a pre-modern mindset by officials with no clue about modernity.
The tragedy is that the police have no authority to enforce the law. Even worse, they dont even know the law. Just recently, I stopped a police car on the spanking new expressway that connects Delhi -Gurgaon to airports. I told the police officer that the unchecked use of the expressway by 2/3 wheeled vehicles was a major traffic violation and that there were signs that these vehicles were not allowed. He told me to mind my own business. The government needs to show its hard-headedness in such matters as much as it is doing with the Maoists in central India.
Talking of internal security, the government has made major moves. It has taken on the Maoist movement with force. True, there are complaints of security forces riding roughshod over the ultras. But then, the Maoists are not known for grace and diplomacy either. A tough approach will not only contain the insurgents but also send a clear message that this is a hard government that will not stomach violent agitations.
On national security, the government has embarked on a new course. Even while initiating talks with Pakistan, it authorised a major air force exercise sometime ago in the Rajasthan desert to demonstrate its fighting capabilities. It was a brilliant move to invite most defence attaches of diplomatic missions, leaving out the representatives of China and Pakistan. The idea was to exhibit hard power. To reinforce the Govt. hard line, the PM went to Saudi Arabia and urged its authorities to weigh in with Pakistan to control terrorist groups operating from there. It is clear Pakistans government has neither wherewithal nor the will to rein in various terrorist groups with a free run within the country's borders. A Saudi nudge could go a long way to boost the crippled civilian government against rogue elements within the army and intelligence agency.
In the end, however, you have in India an enlightened government beset by a crude political class, a malignant bureaucracy and a pre-modern citizenry. Also, the ship of state seems unable to deal with casteism, communalism and corruption. Bureaucrats blame crass politicians and the ignorant citizenry. Politicians castigate the bureaucracy. Citizens berate politicians and bureaucrats. Its a sort of beggar-thy neighbour view that enables the entire system to elude responsibility. If everyones to blame, nobody is accountable. Whats clear is that citizens have to take on responsibility; blaming the government and politicians is not enough. (The writer is a public affairs commentator.)
------------------------------------------------------
(sour ce-toi)
The tragedy is that the police have no authority to enforce the law. Even worse, they dont even know the law. Just recently, I stopped a police car on the spanking new expressway that connects Delhi -Gurgaon to airports. I told the police officer that the unchecked use of the expressway by 2/3 wheeled vehicles was a major traffic violation and that there were signs that these vehicles were not allowed. He told me to mind my own business. The government needs to show its hard-headedness in such matters as much as it is doing with the Maoists in central India.
Talking of internal security, the government has made major moves. It has taken on the Maoist movement with force. True, there are complaints of security forces riding roughshod over the ultras. But then, the Maoists are not known for grace and diplomacy either. A tough approach will not only contain the insurgents but also send a clear message that this is a hard government that will not stomach violent agitations.
On national security, the government has embarked on a new course. Even while initiating talks with Pakistan, it authorised a major air force exercise sometime ago in the Rajasthan desert to demonstrate its fighting capabilities. It was a brilliant move to invite most defence attaches of diplomatic missions, leaving out the representatives of China and Pakistan. The idea was to exhibit hard power. To reinforce the Govt. hard line, the PM went to Saudi Arabia and urged its authorities to weigh in with Pakistan to control terrorist groups operating from there. It is clear Pakistans government has neither wherewithal nor the will to rein in various terrorist groups with a free run within the country's borders. A Saudi nudge could go a long way to boost the crippled civilian government against rogue elements within the army and intelligence agency.
In the end, however, you have in India an enlightened government beset by a crude political class, a malignant bureaucracy and a pre-modern citizenry. Also, the ship of state seems unable to deal with casteism, communalism and corruption. Bureaucrats blame crass politicians and the ignorant citizenry. Politicians castigate the bureaucracy. Citizens berate politicians and bureaucrats. Its a sort of beggar-thy neighbour view that enables the entire system to elude responsibility. If everyones to blame, nobody is accountable. Whats clear is that citizens have to take on responsibility; blaming the government and politicians is not enough. (The writer is a public affairs commentator.)
------------------------------------------------------
(sour ce-toi)
Friday, April 16, 2010
All veteran brothers may be pleased to note thhat the PCDA had issued a circular to all Pension Disbursing Agencies to implement the orders of MOD d/d 8.3.10, vide their circular d.d 10.03.2010. The time limit specified for implementation is 2 to 3 months.
===================================
Please click below to see the orders.
ORDERS FOR REVISION OF PENSIONS AS PER CoS COMMITTEE (MOD ORDERS DT.8.3.2010) : BY BANKS WITHIN 2 TO 3 MONTHS
===================================
CLICK HERE FOR SOME OTHER COMPLETE DETAILS
===================================
So, one month had already passed by. We may get the revised pension alongwith this month pension or by May 2010 pension positively.
===================================
Please click below to see the orders.
ORDERS FOR REVISION OF PENSIONS AS PER CoS COMMITTEE (MOD ORDERS DT.8.3.2010) : BY BANKS WITHIN 2 TO 3 MONTHS
===================================
CLICK HERE FOR SOME OTHER COMPLETE DETAILS
===================================
So, one month had already passed by. We may get the revised pension alongwith this month pension or by May 2010 pension positively.
IMPLEMENTATTION OF GOVT ORDERS OF 8.3.2010 ON BRIDGING GAP IN PENSIONS OF PRE AND POST 1.1.2006 ARMED FORCES PENSIONERS
All veteran brothers may kindly see that the PCDA Allahabad had isssued the following circular (431) issued to all banks for implementation of revised pension policy in r/o pre-96 pensioners issued by the GOI, MOD, orders d/d 8.3.10:-
==========================================
PLEASE SEE ORIGINAL COPY OF CIRCULAR NO.431
===========================================
Similarly the following circular 433 pertains to disability/war injury element in r/o those who voluntarily retired from service on or after 1.1.2006. The relevant GOI MOD orders d/d 29.9.09
is also enclosed.
===========================================
PLEASE SEE ORIGINAL CIRCULAR NO.433 ALONGWITH MOD LETTER DT.29.9.09
===========================================
==========================================
PLEASE SEE ORIGINAL COPY OF CIRCULAR NO.431
===========================================
Similarly the following circular 433 pertains to disability/war injury element in r/o those who voluntarily retired from service on or after 1.1.2006. The relevant GOI MOD orders d/d 29.9.09
is also enclosed.
===========================================
PLEASE SEE ORIGINAL CIRCULAR NO.433 ALONGWITH MOD LETTER DT.29.9.09
===========================================
Tuesday, April 13, 2010
Retired employees entitled to medical reimbursement - Even if not opted for Medical Scheme: Court
Tuesday, April 13, 2010-Pensioners can claim Medical Reimbursement - Even without joining the Medical Scheme (CGHS)
================================
Ruling that all government employees, even those retired, are entitled for medical reimbursement, the Delhi High Court Tuesday asked the Delhi government to pay the medical bills of a man who retired from a government enterprise in 2002.
Justice Kailash Gambhir asked the government to pay the medical expenses of Suraj Bhan and said: 'The state has a constitutional obligation to bear the medical expenses of government employees while in service and also after they are retired. Clearly in the present case by taking a very inhuman approach, these officials have denied the grant of medical reimbursement to the petitioner forcing him to approach this court.' Bhan had approached court seeking reimbursement of his medical bills.
In 2003, following a circular issued by the government, Bhan got enrolled for the medical scheme and paid the premium on regular basis though he had retired a year earlier. In 2007, a new scheme was introduced, but he was not aware of it. Bhan was suffering from asthma and was under treatment at the Sir Ganga Ram Hospital from July 3 to July 9, 2004. When he moved an application for reimbursement of Rs.33,654 towards hospital bills it was rejected by the employment officer as Bhan was not part of the 2007 scheme.
'It is quite shocking that despite various directions from the courts, the government in utter defiance of the law has taken a position that the pensioner is not entitled to the grant of medical reimbursement since he did not opt to become a member of the said health scheme after his retirement,' the court said and imposed a law suit cost of Rs.10,000 on the government.
The government said that since Bhan had not opted for the new scheme in 2007, he was not entitled to reimbursement. 'The scheme is prospective in nature and the same would be effective once an employee becomes a member of the scheme and not otherwise,' counsel for the government said.
'It is a settled legal position that a government employee during his life time or after his retirement is entitled to get the benefit of medical facilities and no fetters can be placed on his rights on the pretext that he has not opted to become a member of the scheme or had paid the requisite subscription after having undergone the operation or any other medical treatment,' the court said.
(Source: Indo Asian News Service)
================================
Ruling that all government employees, even those retired, are entitled for medical reimbursement, the Delhi High Court Tuesday asked the Delhi government to pay the medical bills of a man who retired from a government enterprise in 2002.
Justice Kailash Gambhir asked the government to pay the medical expenses of Suraj Bhan and said: 'The state has a constitutional obligation to bear the medical expenses of government employees while in service and also after they are retired. Clearly in the present case by taking a very inhuman approach, these officials have denied the grant of medical reimbursement to the petitioner forcing him to approach this court.' Bhan had approached court seeking reimbursement of his medical bills.
In 2003, following a circular issued by the government, Bhan got enrolled for the medical scheme and paid the premium on regular basis though he had retired a year earlier. In 2007, a new scheme was introduced, but he was not aware of it. Bhan was suffering from asthma and was under treatment at the Sir Ganga Ram Hospital from July 3 to July 9, 2004. When he moved an application for reimbursement of Rs.33,654 towards hospital bills it was rejected by the employment officer as Bhan was not part of the 2007 scheme.
'It is quite shocking that despite various directions from the courts, the government in utter defiance of the law has taken a position that the pensioner is not entitled to the grant of medical reimbursement since he did not opt to become a member of the said health scheme after his retirement,' the court said and imposed a law suit cost of Rs.10,000 on the government.
The government said that since Bhan had not opted for the new scheme in 2007, he was not entitled to reimbursement. 'The scheme is prospective in nature and the same would be effective once an employee becomes a member of the scheme and not otherwise,' counsel for the government said.
'It is a settled legal position that a government employee during his life time or after his retirement is entitled to get the benefit of medical facilities and no fetters can be placed on his rights on the pretext that he has not opted to become a member of the scheme or had paid the requisite subscription after having undergone the operation or any other medical treatment,' the court said.
(Source: Indo Asian News Service)
Sunday, April 11, 2010
Ex-servicemen protest outside courts Tribune News Service
Amritsar, April 9
Activists of the joint panel of citizens and ex-servicemen today protested outside the district courts for the acceptance of their long-pending demand of “one rank-one pension” and setting up of a separate pay commission for armed forces.
Holding placard they raised slogans against the government and appealed to end strong resentment prevailing among them. They urged the Prime Minister, Dr Manmohan Singh, to immediately intervene in this regard.“The Union Government must correct the situation in national interest and Indian Army should not be neglected as it would lead to demoralisation of the forces,” said C.S. Sidhu, co-convener of the joint panel. “Peanuts won’t attract meritorious youngsters to join Army, which led to shortage of 14,000 officers apart from Navy and Air Force,” he added. Dr M.S. Randhawa, co-convener of the panel, said the external and internal security threats in the country had assumed serious proportions and therefore forces could not be ignored.
They urged the Prime Minister to accept their demands and immediately announce one rank-one pension and separate pay commission for armed forces on lines of Europe and the USA.
Activists of the joint panel of citizens and former servicemen protest in Amritsar. Photo: Vishal Kumar
(source-saanjhamorcha)
Activists of the joint panel of citizens and ex-servicemen today protested outside the district courts for the acceptance of their long-pending demand of “one rank-one pension” and setting up of a separate pay commission for armed forces.
Holding placard they raised slogans against the government and appealed to end strong resentment prevailing among them. They urged the Prime Minister, Dr Manmohan Singh, to immediately intervene in this regard.“The Union Government must correct the situation in national interest and Indian Army should not be neglected as it would lead to demoralisation of the forces,” said C.S. Sidhu, co-convener of the joint panel. “Peanuts won’t attract meritorious youngsters to join Army, which led to shortage of 14,000 officers apart from Navy and Air Force,” he added. Dr M.S. Randhawa, co-convener of the panel, said the external and internal security threats in the country had assumed serious proportions and therefore forces could not be ignored.
They urged the Prime Minister to accept their demands and immediately announce one rank-one pension and separate pay commission for armed forces on lines of Europe and the USA.
(source-saanjhamorcha)
Saturday, April 10, 2010
Children of lesser Gods : Brig Harwant Singh
"In their time of their grief , our hearts go out to families of CRPF personnel killed in the Naxal attack in Chhattisgarh’s Dantewada district on 06 April. We fully commend Govt’s prompt announcement of monetary assistance of Rs 38 Lakhs ,‘‘Liberalised Pensionary Award’’(LPA) for life, which is equival-ent to the slain personnel’s last drawn salary , jobs to the kin of each of the 75 CRPF men killed , but like to draw a parallel with the army Jawans who are dying routinely in the insurgency affected areas of J&K, North Eastern states and even during rigorous training, so that they don’t fall victim to their own poor training, complacency and carelessness as apparently the CRPF personnel did. The Soldiers do NOT get this kind of ex gratia awards, nor is there any ‘Risk Fund’ as in the CRPF . Other than few exceptions, they do not get LPA. Nor do they get jobs for their dependents. Why? It is time that similar benefits are extended to the Defence Services also . Are are they children of lesser Gods- Brig Harwant Singh
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(source-sanjhamorcha)
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(source-sanjhamorcha)
Thursday, April 8, 2010
Apr 1, 2010- National Anomaly Committee Meeting-NFIR Report
Apr 1, 2010- National Anomaly Committee Meeting-NFIR Report
Staff Side Leader of National Anomaly Committee Sri. M.Raghavaiah has explained the outcome of the second anomaly committee meeting briefly to the General Secretaries of affiliated unions of National Federation of Indian Railwaymen (NFIR), in his website. The full text as reported by the Leader (Staff side), National Anomaly committee, in his website, is reproduced below...
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FAX/Letter No. IV/NC/JCM/NAC/09 dated 27.3.2010
The General Secretaries of affiliated Unions of NFIR.
Dear brothers,
Sub:- National Anomaly Committee Meeting held at North Block, New Delhi on 27.3.2010
Conclusions on important issues pertaining to Anomalies as a result of discussions in to-day’s meeting are mentioned below:-
1.Anomaly due to postponement of increment in the case of those whose increment has fallen from February to June, 2006:-:
After discussions, it was agreed to issue orders for rectifying the anomaly. We have suggested that in all those cases the annual increment may be pre-dated to 1.1.2006. We are hopeful that order as demanded will be issued.
2. Various aberrations in the Modified Assured Career Progressive Scheme (MACPS):-
The Chairman of the National Anomaly Committee has decided to constitute a Joint Committee to deal all such aberrations and submit its report for the Government to take decision. Very soon a Joint Committee will be constituted. Affiliates are free to furnish the deficiencies of the scheme to NFIR immediately.
3. Junior drawing higher pay than the Senior :-
The Chairman has advised Railways to collect data and furnish to DOPT and Ministry of Finance for taking appropriate corrective steps.
4. Health Insurance Scheme recommended by VI CPC – Implementation of the recommendations:-
The Chairman has assured that without prior consultations, the scheme shall not be finalised and allowances such as Risk Allowance, Patient Care Allowance etc. will continue till the final decision is taken.
5. VI CPC pay fixation – Grant of another option to the staff:-
The Chairman said that the proposal for delegation of powers is under process and very soon this will be finalised.
6. Revision of medical allowance to the Pensioners :-
Under consideration. The issue is now before the Committee of the Secretaries. The Chairman has assured to see that processing is speeded up.
7. Denial of increment due to absence without pay:-
We have explained the grave implications of the Government’s. decision and demanded that the increment should be granted when the employee has put in six months qualifying service in a year. It was agreed to consider and rectify the anomalous situation.
Yours fraternally,
s/d
(M. Raghavaiah)
General Secretary
(Source: CGSTAFF NEWS)
Staff Side Leader of National Anomaly Committee Sri. M.Raghavaiah has explained the outcome of the second anomaly committee meeting briefly to the General Secretaries of affiliated unions of National Federation of Indian Railwaymen (NFIR), in his website. The full text as reported by the Leader (Staff side), National Anomaly committee, in his website, is reproduced below...
=================================================
FAX/Letter No. IV/NC/JCM/NAC/09 dated 27.3.2010
The General Secretaries of affiliated Unions of NFIR.
Dear brothers,
Sub:- National Anomaly Committee Meeting held at North Block, New Delhi on 27.3.2010
Conclusions on important issues pertaining to Anomalies as a result of discussions in to-day’s meeting are mentioned below:-
1.Anomaly due to postponement of increment in the case of those whose increment has fallen from February to June, 2006:-:
After discussions, it was agreed to issue orders for rectifying the anomaly. We have suggested that in all those cases the annual increment may be pre-dated to 1.1.2006. We are hopeful that order as demanded will be issued.
2. Various aberrations in the Modified Assured Career Progressive Scheme (MACPS):-
The Chairman of the National Anomaly Committee has decided to constitute a Joint Committee to deal all such aberrations and submit its report for the Government to take decision. Very soon a Joint Committee will be constituted. Affiliates are free to furnish the deficiencies of the scheme to NFIR immediately.
3. Junior drawing higher pay than the Senior :-
The Chairman has advised Railways to collect data and furnish to DOPT and Ministry of Finance for taking appropriate corrective steps.
4. Health Insurance Scheme recommended by VI CPC – Implementation of the recommendations:-
The Chairman has assured that without prior consultations, the scheme shall not be finalised and allowances such as Risk Allowance, Patient Care Allowance etc. will continue till the final decision is taken.
5. VI CPC pay fixation – Grant of another option to the staff:-
The Chairman said that the proposal for delegation of powers is under process and very soon this will be finalised.
6. Revision of medical allowance to the Pensioners :-
Under consideration. The issue is now before the Committee of the Secretaries. The Chairman has assured to see that processing is speeded up.
7. Denial of increment due to absence without pay:-
We have explained the grave implications of the Government’s. decision and demanded that the increment should be granted when the employee has put in six months qualifying service in a year. It was agreed to consider and rectify the anomalous situation.
Yours fraternally,
s/d
(M. Raghavaiah)
General Secretary
(Source: CGSTAFF NEWS)
Wednesday, April 7, 2010
ALL VETERAN MAY SEND THE PETITION TO THE CPPCs THROUGH THEIR PDAs
ALL VETERANS MAY PLEASE PREPARE A PETITION ON THE FOLLOWING LINES AND SEND TO THEIR PDAs. THIS WILL HELP/ENABLE THE PDAs TO FINALISE YOUR REVISED PENSION (PIP OR MODIFIED/OROP) WEF 1.7.09.:-
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FROM: ----------------------------------------------------------------
(SERVICE.NO.EX-RANK NAME /INITIALS TRADE/GROUP)
ADDRESS-------------------------------------------------------------
--------------------------------------------------------------------------
--------------------------------------------------------------------------
TO : THE CHIEF MANAGER, (THROUGH - PDA
CENTRAL PENSION PROCESSING CENTRE ADDRESS---------
-----------------------------------BANK ----------------------
ADDRESS----------------------------------------- ------------------)
-----------------------------------------------------
-----------------------------------------------------
SUB: REVISION OF --------------- PENSION PENSION AS PER GOI MOD ORDERS DT.8.3.10 AND PCDA(P)ALLAHABAD CIRCULAR NO.430 DT.10.3.10 WEF 1.7.2009 - REGARDING
SIR,
1. I have the honour to submit that I am drawing -----------------Pension SB A/C nO..........................
OF YOUR BANK BRANCH AT -------------------------------------------------------------(ADDRESS)
in terms of PPO/Corr.PPO No.------------------------------------. from ---------------------(date)onwards. I served the Army/Navy/IAF from-----------------to------------------(----------years--------days) and as such eligible for --------years of -------------pension (xerox copy of Discharge book/certificate and my esm identity card are enclosed for your verification).
2. The above information is furnished to you for ready reference (under para 7.2 of circular No.430 and para 13 of GOI, MOD order d/d 8.3.10. A copy of annexure C may please be furnished to me.
3. The relevant pension table number-------(copy enclosed) prescribes my revised pension for --------years - Rs.---------/-and the total amount worked out is shown below:-
(a) @27%DA Rate wef 1.7.2009 to 31.3.2009
existing - Basic Pension- Rs---------/- Revised Basic Pension-Rs.-----------
DA(27%) - Rs---------- DA(27%) -Rs-----------
Med.Allowance-Rs.100/- Med.allowance -Rs.100/-
total -
The difference amount is Rs.----------for 6months is Rs---------------
(b) @35%DA rate w.e.f.1.1.2010 onwards (pl.work out as above)
The total arrears is as given beelow:-
Rs.---------------------
4. I requesst you to kindly fix my revised pension on the above lines and pay arrears at the earliest.
Thanking you sir.
Yours faithfully,
( )
ENCL: AS STATED
==================================================
FROM: ----------------------------------------------------------------
(SERVICE.NO.EX-RANK NAME /INITIALS TRADE/GROUP)
ADDRESS-------------------------------------------------------------
--------------------------------------------------------------------------
--------------------------------------------------------------------------
TO : THE CHIEF MANAGER, (THROUGH - PDA
CENTRAL PENSION PROCESSING CENTRE ADDRESS---------
-----------------------------------BANK ----------------------
ADDRESS----------------------------------------- ------------------)
-----------------------------------------------------
-----------------------------------------------------
SUB: REVISION OF --------------- PENSION PENSION AS PER GOI MOD ORDERS DT.8.3.10 AND PCDA(P)ALLAHABAD CIRCULAR NO.430 DT.10.3.10 WEF 1.7.2009 - REGARDING
SIR,
1. I have the honour to submit that I am drawing -----------------Pension SB A/C nO..........................
OF YOUR BANK BRANCH AT -------------------------------------------------------------(ADDRESS)
in terms of PPO/Corr.PPO No.------------------------------------. from ---------------------(date)onwards. I served the Army/Navy/IAF from-----------------to------------------(----------years--------days) and as such eligible for --------years of -------------pension (xerox copy of Discharge book/certificate and my esm identity card are enclosed for your verification).
2. The above information is furnished to you for ready reference (under para 7.2 of circular No.430 and para 13 of GOI, MOD order d/d 8.3.10. A copy of annexure C may please be furnished to me.
3. The relevant pension table number-------(copy enclosed) prescribes my revised pension for --------years - Rs.---------/-and the total amount worked out is shown below:-
(a) @27%DA Rate wef 1.7.2009 to 31.3.2009
existing - Basic Pension- Rs---------/- Revised Basic Pension-Rs.-----------
DA(27%) - Rs---------- DA(27%) -Rs-----------
Med.Allowance-Rs.100/- Med.allowance -Rs.100/-
total -
The difference amount is Rs.----------for 6months is Rs---------------
(b) @35%DA rate w.e.f.1.1.2010 onwards (pl.work out as above)
The total arrears is as given beelow:-
Rs.---------------------
4. I requesst you to kindly fix my revised pension on the above lines and pay arrears at the earliest.
Thanking you sir.
Yours faithfully,
( )
ENCL: AS STATED
Monday, April 5, 2010
THE SPEAKING TREE - HAPPINESS IS NOT EVERYTHING : SWAMI BRAHMDEV
The idea of happiness is a kind of ignorance. If your understanding is healthy, then you will never give too much importance to happiness; we do so because of our ignorance. Happiness is not idea, purpose or aim of life; happiness is a consequence, a fruit. Happiness is a subject of the senses; it is felt by the senses, it is an idea of the senses; it is information got from the senses. The scope of the senses is limited and the senses are completely unaware of the greatness of life. So if you are thinking for happiness or working for happiness, you are just following your senses, you are indulging them. You are just living with your senses. Understand the game of the senses, and then go beyond them. Discover that portion of life, that part of life that can give us something permanent, the highest knowledge of life, the highest clarity in life.
Nobody enters the path with full clarity, so even if you are ignorant or you lack the aspiration, somehow you will get connected. For instance, you have a certain understanding of life and what you want. On the basis of what you know, your highest goal is to find happiness. As you undergo experiences in the course of life, your understanding grows wider and deeper. As your understanding develops you begin to see that happiness is not everything, that there is something beyond, that happiness comes and goes. You begin to think that perhaps satisfaction and being content is more important, no matter the kind of circumstances you are faced with. You could be content if you wished to be so.
Earlier your level of understanding prompted you to say: How can i be content when I dont have this, or I dont have that Now your level of understanding has changed, and with that understanding you dont miss anything, you are fully content. So it is just that in the level of our understanding something happens; if the understanding is high then you will not give too much importance to happiness, or sadness. When you aspire for something higher you will give more importance to your clarity, to your higher understanding, you will live for that; you will not give importance to whether the path is long or not, you will not give importance to the path at all, you will give importance to the target, the target is higher, aspiration is higher. When you climb a mountain with the aim of reaching the top you have clarity. You know that you have to reach the top. That clarity helps you. The path will be very difficult,and maybe you will not be happy on the way, but when you reach the top that will give you much more than happiness, it will give you contentment. If we are only looking for happiness then we will never be able to climb high, aim high, or aspire for anything that can help us to evolve further. What we understand by happiness lies on the surface. When you live at a deeper level,you give importance to clarity of consciousness which gives you information on the purpose of your existence; it gives you purpose. Once this is clear everything will come to you, including contentment and balance. - As told to Sudhamahi Regunathan.
You can write to Swami Brahmdev at aurovalley@gmail.com
========================================
(source-toi)
Nobody enters the path with full clarity, so even if you are ignorant or you lack the aspiration, somehow you will get connected. For instance, you have a certain understanding of life and what you want. On the basis of what you know, your highest goal is to find happiness. As you undergo experiences in the course of life, your understanding grows wider and deeper. As your understanding develops you begin to see that happiness is not everything, that there is something beyond, that happiness comes and goes. You begin to think that perhaps satisfaction and being content is more important, no matter the kind of circumstances you are faced with. You could be content if you wished to be so.
Earlier your level of understanding prompted you to say: How can i be content when I dont have this, or I dont have that Now your level of understanding has changed, and with that understanding you dont miss anything, you are fully content. So it is just that in the level of our understanding something happens; if the understanding is high then you will not give too much importance to happiness, or sadness. When you aspire for something higher you will give more importance to your clarity, to your higher understanding, you will live for that; you will not give importance to whether the path is long or not, you will not give importance to the path at all, you will give importance to the target, the target is higher, aspiration is higher. When you climb a mountain with the aim of reaching the top you have clarity. You know that you have to reach the top. That clarity helps you. The path will be very difficult,and maybe you will not be happy on the way, but when you reach the top that will give you much more than happiness, it will give you contentment. If we are only looking for happiness then we will never be able to climb high, aim high, or aspire for anything that can help us to evolve further. What we understand by happiness lies on the surface. When you live at a deeper level,you give importance to clarity of consciousness which gives you information on the purpose of your existence; it gives you purpose. Once this is clear everything will come to you, including contentment and balance. - As told to Sudhamahi Regunathan.
You can write to Swami Brahmdev at aurovalley@gmail.com
========================================
(source-toi)
Sunday, April 4, 2010
SUBJECT - REVISION OF PENSION AND RELATED ISSUES W E F 1.1.1996 - REGARDING
FROM : 612027 EX-SGT GV NARAYANA, C/0 V NARSIMHULU (CONTRACTOR),
H.NO.170/C, BASAVESHWARANAGAR COLONY,YELLAMMAKUNTA, PO&TQ.MAKTHAL, DIST.MAHABUBNAGAR-509208 (A.P.)
TO : 1) SHRI AK ANTONY, THE HON. DEFENCE MINISTER, GOI,MOD, SOUTH BLOCK, NEW DELHI-110011
2) THE SECY.(ESW), DEPT OF ESM WELFARE, 5-A, SOUTH BLOCK, NEW DELHI 110011
3) THE CHAIRMAN, COSC-AIR CHF MSHL PV NAIK, CAS, AIR HQ(VB) NEW DELHI- 110011
4) GEN VK SINGH, COAS, ARMY HQ, NEW DELHI 110011
5) GOI, MOD, DTE OF PAY PENSION AND REGS, NEW DELHI 110011
6) CGDA, ULAN BATAR ROAD, PALAM, DELHI CANTT-110010
SUB - REVISION OF PENSION AND RELATED ISSUES W E F 1.1.1996 - REGARDING
REF :- 1) GOI MO PERS OM F.NO.38/37/08-P&PW(A) Dt. 10.12.09
2) PCDA(P) ALLAHABAD CIRCULAR 430 DATED 10.3.10/MOD LTR dt.8.3.10
3) MY PETITIONS FOR REVISION OF PENSION NOs.NIL DATED 15.1.2010 & 15.3.2010
4) AIR HQ LTR NO. AIRHQ/24229/VI CPC/PP&R-3(i) DATED 18.2.2010
5) CGDA LTR NO.AT/CC/P-ORS/G-105/02/10 DATED 22.2.2010
6) GOVT OF PANJAB PENSION ORDER NO.3/39/09-3FPPC/201 Dt. 22.2.2010
7) Hindustan Times News item d/d 8.3.10 on OROP.
MOST RESPECTED SIR
1. At the outset, I am thankful and most obliged for forwarding my petition dt.15.1.10, for revision of pension wef 1.1.96, by AIR HQ DPP&R vide their letter cited at ref. Sl.No.4 above(copy enclosed). I respectfully solicit your kind personal attention to the facts/details contained in my this Petition and the ones cited at reference Sl.No.3 above, and grant me revised pension on par with post-06 pensioners, granted in terms of Orders cited at reference cited at Sl.No.1 and 6.
2. Further, I respectfully submit that the CGDA, New Delhi, vide their ltr cited at reference Sl.No.5 above, had informed me that they have preferred an appeal in Supreme Court against Panjab & Haryana High Court Order in WP No.6223/07 d/d 26.5.08, and obtained a STAY Order and as such my request for revision of pension w.e.f.1.1.96 (not covered under existing Govt orders) and cannot be acceded to at present (copy enclosed). How shocking? Sir, on going through the judgement, it is amply clear that the Hon.court had examined the facts and circumstances related to the issue in detail, i.e. the cause of action arose on 1.1.96, remedial/ rectification action be taken from that date. (The Union Law Minister/Chief Justice of India, frequently talk of a huge arrears of 2.6 crores of pending cases in Indian Courts and suggest, advise all stake holders to reduce them considerably-Govt being the biggest litigant).The MOD, Dept of ESM Welfare, should have sympathized with ORs pitiable and lowly financial conditions, and implemented court orders rather than appealing against the same before the SC. The officials concerned who decided to appeal against the court orders before the SC, seem to have not cared/ considered this aspect and as a result, a plethora of pending cases piled up (Contempt/ WP/OAs etc) before the courts, AFT. This can be stopped only when such of these officials, who decide to contest court orders and go in for appeals in SC, be ordered to refund /pay the entire legal/court fee etc, once the appealed case is lost. The entire expenses should be recovered from their salary. Of course, if the case is won, the Govt . bears the cost. I earnestly request your kindself to review this policy in the light of the above and pass appropriate orders.
3. Further, I most respectfully request you to kindly peruse the Govt. of Panjab (Dept of Fin.Pension Policy& Co-ord) Branch, ORDERS No.3/39/09-3FPPC/201 dated 22.2.2010,(cited at Sl.No.6 above) on the matter of Revision of Pension of Pre-06 Pensioners(copy enclosed). By taking a leaf out of this orders of Punjab Govt. on Revision of Pre-2006 Punjab State Pensioners, and since a similar situation of the times of D.S. Nakra case is around us consequent on implementation of VI CPC recommendations, the GOI, MOD may extend the benefit of revised pension to all pre-2006 cases, elucidated below:-
i) The evergreen D.S. Nakra case judgment confirmed that `Article 14 strikes at arbitrariness in State action and ensures fairness and quality of treatment. It is attracted where equals are treated differently without any reasonable basis. The principle underlying the guarantee is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is substantially the same. Article 14 forbids class legislation but permits reasonable classification for the purpose of legislation. The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and that differentia must have a rational nexus to the object sought to be achieved by the statute in question. In other words, there ought to be causal connection between the basis of classification and the object of the statute. The doctrine of classification was evolved by the Court for the purpose of sustaining a legislation or State action designed to help weaker sections of the society. Legislative and executive action may accordingly be sustained by the court if the State satisfies the twin tests of reasonable classification and the rational principle correlated to the object sought to be achieved. A discriminatory action is liable to be struck down unless it can be shown by the Government that the departure was not arbitrary but was based on some valid principle which in itself was not irrational, unreasonable or discriminatory.
ii) In the instant (D.S. Nakra) case, looking to the goals for the attainment of which pension is paid and the welfare State proposed to be set up in the light of the Directive Principles of State Policy and Preamble to the Constitution it is indisputable that pensioners for payment of pension form a class. When the State considered it necessary to liberalise pension scheme in order to augment social security in old age to government servants it could not grant the benefits of liberalisation only to those who retired subsequent to specified date and deny the same to those who had retired prior to that date. The division which classified pensioners into two classes on the basis of the specified date was devoid of any rational principle and was both arbitrary and unprincipled being unrelated to the object sought to be achieved by grant of liberalised pension and the guarantee of equal treatment contained in Art. 14 was violated in as much as the pension rules which were statutory in character meted out differential and discriminatory treatment to equals in the matter of computation of pension from the dates specified’.
iii) Minimum Revised Pension:-The significant question involved is–What constitutes a Minimum Revised Pension in absence of a single revised scale corresponding to a single pre-revised scale? The question necessitated owing to introduction of pay band by grouping the 29 pre-revised scales into four independent pay bands. What serving employees and post-2006 pensioners get? - In the case of serving employees and Post 2006 pensioners the revised pay in pay band is determined using a fitment table that consists of revised pay for each stage in pre-revised pay scale. Here, it may be noted that pay in the pay band applicable, necessarily correspond with the pay drawn as on 1.1.2006 in pre-revised scale that was held by serving employee or post 2006 pensioners. In case of retirement after 1.1.2006, 50% of pay in pay band and 50% of grade pay drawn is assured. And What Pre-2006 Pensioners get? - Whereas, in the case of pensioners retired prior to 2006, in accordance with the modified version of para 4.2 of initial OM dated 1.9.2008 clarified in the OM dated 3.10.2008, 50% of the minimum of the pay band plus 50% of grade pay corresponding to the pre-revised scale from which the pensioner had retired, only has been made entitled as minimum revised guaranteed pension w.e.f. 1.1.2006. To illustrate, seven Old pay scales starting from S9-5000-8000 to S15-8000-13500 have been bunched as New Pay band called PB-2 with pay scale of Rs.9300-34800 with varied grade pays starting from Rs.4200 to Rs.5400. So, if a pre-2006 pensioner who served in the pay scale equivalent to the pre-revised pay scale of S15-8000-13500 that carries grade pay of Rs.5400 would end up with minimum pension of Rs.7,350/- (50% of minimum in the pay band and grade pay) at par with an pre-2006 pensioner served in the pay scale equivalent to pre-revised pay scale of S-9-5000-8000 that carries grade pay of Rs.4200, who will receive a minimum pension of Rs.6750/- (50% of minimum in the pay band and grade pay). While a person retiring with bottom of the revised pay after 1.1.2006 will be drawing 50% of the same as revised pension, a similar person retired prior to 1.1.2006 even at the top of the corresponding pre-revised scale, will get lesser pension than the said post-2006 retiree.
iv) The concept/importance of Initial Pay as per Pension Order of Punjab State Govt:- At present, there comes a welcome Order from the State Govt. of Punjab dt. 22.2.2010, which follows recommendations of the VI CPC. As per the said Order, the full pension in no case shall be less than 50% of the initial pay against corresponding to pre-revised scale in which the pensioner had last worked. Neither Pay Band/ Pay in the Pay Band nor Grade Pay element is so crucial as that of initial pay in the revised structure, and ultimately for determining the minimum revised guaranteed pension as per para 4.2 of OM dated 1.9.2008, just like the initial pay as notified vide the Punjab Govt., the revised pay should be the crucial point for the pre-2006 pensioners of Central Government. This is so because, modified parity aspects had been very clearly specified vide para 5.1.46 of the 6th CPC recommendation and a precedence was set already by the DOP&PW vide their OM dated 17.12.1998 to the extent that 50% of bottom of the revised scale to be minimum revised pension. The excuse that the 6th CPC revision do not have a single revised pay is totally incorrect, as long as there exists an INITIAL PAY in the revised structure for a serving employee. A loud speaking order has been issued by the Punjab State Govt. to dispel any sort of confusion or doubt that can arise in the minds of disbursing agency even. Ultimately, while 50% of initial pay can emerge as minimum revised pension for a pre-2006 pensioner retired from the state Govt.of Punjab, the same 50% of initial pay must very well emerge as minimum revised/assured/ guaranteed pension w.e.f. 1.1.2006 for a pre-2006 pensioner of the central govt. This enlightening order could simply be copied by GOI for their pre-2006 retirees and put an end to a bundle of controversies and violation of every norm/ rule/articles of Constitution.
(v) Concept of parity among the pensioners is based on the various Judgments of the Hon. S C.
(a) In the India Ex-Services League and Ors 1991(2) SCC 104 Justice Verma interpreted the scope of Judgment in the D.S. Nakara case as –“It was clearly stated that if pensioners form a class, their computation cannot be by different formula affording unequal treatment solely on the ground that some retired earlier and some retired later. This is to us the decision in the Nakra case and no more.”
(b) In the case of V Kasturi vs. MD, SBI, Bombay & Anr 1998 (2) supp. SCR 269 Dt.09-10-1998, the following Judgement was pronounced regarding past pensioners- “If the person retiring is eligible for pension at the time of his retirement and if he survives till the time by subsequent amendment of the relevant pension scheme, he would become eligible to get enhanced pension or would become eligible to get more pension as per the new formula of computation of pension subsequently brought into force. He would be entitled to get the benefit of the amended pension provision from the date of such order as he would be a member of the very same class of pensioners when the additional benefit is being conferred on all of them. In such a situation the additional benefit available to the same class of pensioners cannot be denied to him on the ground that he had retired prior to the date on which the aforesaid additional benefit was conferred on all the members of the same class of pensioners who had survived by the time the scheme granting additional benefit to these pensioners came into force. The line of decisions tracing their roots to the ratio of Nakara’s case (supra) would cover this category of cases.”
(vi) In the cases of Babu Ram Dhiman Vs Union of India and Sohan Singh Vs Union of India:-The Chandigarh bench of the Armed Forces Tribunal has directed the Union government to grant one rank one pension or the same pension to personnel belonging to the same rank, irrespective of the date of retirement. Deciding on the cases of Babu Ram Dhiman vs Union of India and Sohan Singh vs Union of India, the tribunal on Monday said, “It is quite clear that the State cannot lay down different criteria for grant of pension for same rank of officers and Personnel Below Officer Rank (PBOR) on the basis of the cut-off date of retirement. All pensioners, irrespective of the date of retirement are entitled to (the) same pension.” The judgment also said grant of unequal pay in the same rank was a violation of Article 14 of the Constitution that grants equal rights to all citizens. The All India ESM Wel Assn, Chandigarh, under its legal aid scheme, filed these two cases seeking a direction to the Ministry of Defence to revise the pension of those who retired before January 2006 to put them on par with post-September 2008 pensioners. Bhim Sen Sehgal, chairman of the association and Rajesh Sehgal, petitioners’ counsel, submitted that a Havildar who retired before January 2006 gets a pension of Rs 4,060 per month while those retiring after September 2008 get Rs 7,846. Similar are the cases of equivalent ranks of the Army, Navy and Air Force, they said. Amar Preet Sandhu, the central government’s lawyer maintained that the matter was under the government’s consideration.
vii) I respectfully draw your kind attention that, vide reference cited at Sl.No. 1 above, on the basis of VI CPC recommendations, all CG employees who have completed 20 years of service, are granted full pension i.e.50% of their salary (the erstwhile 33yrs completion of service requirement was dispensed with, wef 1.1.2006). For this purpose, the extra weightage of age granted to lowest 3 ranks OF PRE-06 Pensioners as per GOI, MOD orders d/d 1.2.06 and continuing this provision in CoS report/pension orders circulars 350/430 may be dispensed with wef 1.1.2006. However, the earlier orders of providing 5 years weightage for pension purposes in r/o all ORs may be continued. This will surely help all disparities go away and there remain only ONE CLASS OF PENSIONERS.
4. Sir, your goodselves are fully aware that Military Service is UNIQUE, with a highly demanding 24 /7 work culture under hostile environments and secondly, it is the only Service wherein a Jawan is bundled out at the young age of 35, when he has a wife, two small children, unmarried sisters and parents to be taken care of; without an assured alternative employment. A young man who joins Govt. service in civil as a LDC or a Police constable; serves comfortably till the age of 60 years and retires in a much higher position with a good amount as pension. Not so in the case of a Jawan. 85% of the Sepoys retire as Sepoys only after 15 years service. Most civilians who retire at 60, would live to see only one Pay Commission after retirement, considering their longevity to be 70-75 years and may be a few, two pay commissions; but a Sepoy would live to see nothing less than four Pay Commissions after retirement. It is the older pensioners of the Army, Navy & Air Force who are the worst sufferers. It is not only the serving soldier that the STATE is duty bound to take care of; but also the Veterans who have sacrificed their youth in service of the Nation with no other thought but, DUTY, HONOUR and COUNTRY. The Parliamentary Standing Committee on Defence, comprising 44 eminent Members of Pardliament, had in their Report to Lok Sabha on 19 Aug 2003, strongly recommended the grant of ONE RANK ONE PENSION (OROP) to Ex-Servicemen. Para 99 of the said Report is reproduced below:-
“The Committee has been recommending grant of `ONE RANK ONE PENSION’ to the armed forces personnel time and again. The Committee observes that successive Governments and Pay Commissions have made improvements in the pension structure keeping in view the cost of living index. This has accentuated the disparity of pensionary benefits between pensioners of the same rank. The older pensioners who have become infirm in ability and capability and burdened with a larger social obligation receive pension calculated at the rate of pay at the time of their retirement in 1950s or 1960s or 1970s, which is quite paltry and the Dearness Relief quite inconsequential in today’s context of inflation and shrinking purchasing value of money. The nation must repay its debt to those Defendents of the motherland with gratitude and humility. We should, instead of, looking for precedents in this regard, create precedents for the others to emulate. Any amount paid in this regard would be small token of our gratitude to them. The Committee, therefore, once again reiterates their earlier recommendation for providing `ONE RANK ONE PENSION’ to the armed forces personnel”.
5. The poor ex-servicemen, mostly hailing from villages spread across even do not know or understand their pension details and take whatever is given by the Govt/PDAs. Sir, No questions asked whatsoever. Sir, It is relevant here to mention that the above situation aptly describes:-
i) In a case - Bihar Legal Support Society vs The Chief Justice of India & Ors (AIR 1987 SC 38), the Supreme Court observed - “the weaker sections of Indian society have been deprived of justice for long long years; they have had no access to justice on account of their poverty, ignorance and illiteracy..... The majority of the people of our country are subjected to this denial of ‘access to justice’ and overtaken by despair and helplessness, they continue to remain victims of an exploitative society where economic power is concentrated in the hands of a few and it is used for perpetuation of domination over large masses of human beings… The strategy of PIL has been evolved by this Court with a view to bringing justice within the easy reach of the poor and disadvantaged sections of the community.”
ii) And the famous dictum of Justice Brennan of the US Supreme Court may also be recalled: “Nothing rankles more in the human heart than a brooding sense of injustice. Illness we can put up with, but injustice makes us want to pull things down. When only the rich can enjoy the law, as a doubtful luxury, and the poor who need it most, cannot have it because its expense puts it beyond their reach, the threat to the existence of free democracy is not imaginary but very real, because democracy’s very life depends upon making the machinery of justice so effective that every citizen shall believe in the benefit of impartiality and fairness”. "The right of access to justice is integral to the rule of law and administration of courts in accordance with the Constitution. It serves as the guiding principle in regard to any measure that affects the administration of justice whether civil or criminal. With this essential understanding of the basic issue of access to justice, we proceed to examine the central issues that we have posed for consideration."
iii) And lastly, I wish to draw your kind attention to this screaming news item dt. 2.4.10, “Stop treating army men like 'beggars', SC to govt” that - The Supreme Court has slammed the union government for treating army personnel like "beggars" in respect of emoluments and pension and asked the authorities to adopt a more "humane approach" towards those bravely defending the country's borders. "If a person goes to any part of Delhi and sits for begging, he will earn Rs 1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? "Is this the way you treat those brave army officers? It is unfortunate that you are treating them like beggars," a bench of Justices M Katju and A K Patnaik said in verbal comments while passing the order. The apex court passed order dismissing the Centre's appeal challenging a Punjab and Haryana High Court direction to pay higher pension to C S Siddu, a SSC Officer whose right arm had to be amputated due to an accident while on duty at the high altitudes on 21-11- 1970. "The army personnel are bravely defending the country even at cost of their lives and we feel they should be treated in a better and more humane manner by government authorities, particularly, in respect of their emoluments, pension and other benefits," the bench said in an order. There was an element of drama in the court when Additional Solicitor General Parag Tripathi pleaded with the court not to use "strong words" in the order like "beggars," "niggardly" "miserly", following which the bench dropped them from the written order. "We regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent,(Sidhu) who was posted at a high altitude field area and met with an accident during discharge of his duties was granted a meagre pension. This is a pittance (about Rs 1000) per month plus D.A. "If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate," the bench however, noted in its written order.
6. Sir, you are aware that the recent court orders of Maj AK Dhanapalan, Maj Gen SPS Vains Cases were implemented thereby rendering justice/benefits to the affected large number of officers. But the rare Panjab &Haryana HC judgement benefiting a large number of ORs was not implemented by filing an avoidable appeal before the SC. Considering small benefits likely to accrue to the ORs as a result of implemention of this judgement, it is requested that the GOI, MOD may kindly take steps to withdraw the SLP from the Supreme Court and issue revised pension orders w.e.f. 1.1.1996/10.10.1997, with attendant benefits of arrears etc, at an early date, and put an end to woes of ex-servicemen and oblige.
7. The fixed medical allowance @Rs.100/-pm is to be revised by the GOI as recommended by the VI CPC, which has not been revised as on date. Since the cost of medical expenses has increase steeply, I request you to kindly enhance the same to Rs.1000/- plus DA on it or a fixed amount of Rs.2000/-pm for the non-CGHS retirees of the armed forces pensioners, which will go a longway to help me my medical care needs. Furthermore, I request your benign indulgence to sanction/grant TA @ Rs.100/-pd to self and also to one attendant to visit the district hospital, at least thrice a month, which is about 45 km from my village residence.
8. Further, I respectfully submit that since the Highest Classification Allowance at 50% rate was allowed to army pensioners w.e.f.10.10.97, this may also be extended to me as I had passed all the promotion examinations including the JWO promotion examination in 1985(Rs.25/-), which has been revised to a maximum of Rs.120/-p.m. and allowed in full to be included in pension w.e.f.1.1.2006. Similarly the GCB pay (I/II/III rates, Rs.80+80+80 = Rs.240/-) were allowed in full to post 1.1.2006 retirees, this facility ay also be extended in my case too, since I was drawing three rates of GCB Pay prior to retirement.
9. In view of the foregoings, I once again request your kindself to bestow your personal attention and order to revise my pension(for 18.5 years completed service- 19.5.1971 to 28.11.1989)correctly as- i)Rs.563/- w.e.f. 29.11.1989(IV CPC), ii) To be revised to Rs.1875/- w.e.f.1.1.96(discharged prior to pre-96,Group III-worked out on maximum scale of pay Rs.3775-5050) as per pension orders of 7.6.99. iii)This may be revised to Rs.2077/- w.e.f.10.10.97(as per maximum scale of pay calculation, in restructured pay scale of 4320-5595, of group Y). iv)In terms of GOI Orders of 1.2.06, my pension Rs.2077/- shall be increased by 1.5 times to Rs.3116/-(Rs.2077+ 1039)(min.1275/-raised by 1.5 times to Rs.1913/-pm as per MOD Order dt.1.2.06) w.e.f. 10.10.97 (and not wef 1.1.96 as mentioned in 1.2.06 order). V) Accordingly, the 50% DA Merger with BP wef 1.4.04, would be(Rs.3116/+1558 = Rs.4674/- plus DA + fixed medical allowance of Rs.100/-p.m. (vi) As per VI CPC pension fitment formula of multiplying existing pension by 2.26 times, my pension gets fixed at Rs. 7050/- (Rs.3116 x2.26=7043 r/off to 7050) w.e.f.1.1.2006. vii) And as per CoS report/and order of 10.12.09(Ref at sl.no.1 above), my pension may be revised at Rs.7605/-(Rs.10210+2800+2000 = Rs.15210/2) w.e.f.1.7.09. viii) I request you to order the arrears arising out of the above revisions of pensions from 29.11.89, 1.1.96, 10.10.97, 1.4.2004, 1.1.2006 and 1.7.09 be paid to me at the earliest.
10. For this act of kindness, I shall ever remain grateful to you, Sir.
Yours faithully,
Sd/-xxxxxxxxxx
Date : 04th April, 2010. (GV Narayana)Ex-SGT
ENCL : AS STATED
Copy to:-
1) AFRO (OIC PP&W, SUBROTO PARK, NEW DELHI-110011_For kind information&necessary action pl.
2) Jt. CDA(AF),C/O AFCAO,SUBROTO PARK, New Delhi-10 --do--
3) PCDA (PENSION), DRAUPADIGHAT, ALLAHABAD (UP) --do--
4) ADALAT OFFICER, PCDA, ANNA SALAI, TEYNAMPET, CHENNAI (TN) --do--
5) Pension Cell, Army Mela, Arty Centre, Golconda, Hyd.(AP) (4.4.10) -do—
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I - // COPY //
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Tele : 23010231/7826 REGISTERED
AIR HQ (DTE OF PP&R) WEST BLOCK IV
RK PURAM NEW DELHI-110066
AIRHQ/24229/VI CPC/PP&R-3(I) Dt. 18 FEB 10
DDPA-III, AIR HQ (VB) NEW DELHI-110011
AFRO, SUBROTO PARK, NEW DELHI-110010
REVISION OF SERVICE PENSION ROM 1.1.1996 – EX-SGT GV NARAYANA 612027
1.A copy of representation dated 15 Jan 10, on the above subject, is forwarded herewith for your necessary action.
Sd/-xxxxxxxxxx
(Mahabir Singh) SO
Encl – As stated above. PP&R-3(i)
Copy to : Ex-Sgt GV Narayana (612027) C/o V Narsimhulu (contractor) For info /n.a. please.
H.No.170/c, Basaveeshwara colony, Makthal (TQ) Mahabubnagar(Dt)(AP)
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II // COPY //
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OFFICE OF THE CGDA, ULAN BATAR ROAD, PALAM, DELHI CANTT-110010
AT/CC/P-ORG/G-105/02/10 DATED 22.02.2010
TO : No.612027, Ex-SGT GV Narayana, C/0 V Narsimhulu (Contractor),
H.No.170/c, Basaveshwara colony, Makthal (TQ), Mahabubnagar (Dt)(AP)
SUB – REVISION OF SERVICE PENSION WEF 1.1.1996
REF- Your Representation dated 15.1.20110 addressed to Min of Def and a copy to this office.
1. The contents off your representation dated 15.1.20110 have been examined and the following is intimated.
2. As regards to para 2 of your representation dated 15.1.2010, quoted under reference wherein you have requested for thee implementation of the Judgement and order dated 26.5.2008 of Hon High Court of Punjab and Haryana, Chandigarh. In this context, it is informed that SLP has been filed in the Hon’ble Supreme Court of India in the matter of Writ Petition No.6223/2007 (UOI and other Vs Gurmail Singh Dhadli and others). The Writ Petition No.6223/2007 was called for hearing on 2.2.2009 and Hon’ble Supreme Court of India was pleaded to grant stay of operation of the impunged judgement. Since ll cases have been disposed off by the Hon’ble court by relying on the said judgement in CWP No.6223/2007 filed by Gurmail Singh Dhadli Vs UOI, against which a stay has been granted.
3. In view of above, your request to issue a Corr.PPO regarding revision of pension wef 1.1.96 based on the above said judgement dated 26.5.2008 and presumptions made therein is not covered under existing Govt Orders, and hence cannot be acceded to at present.
Sd/-xxxxxxxxxxxxxxxxx
(ACHUTANAND)AO(AT-PEN)
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III - PANJAB GOVT. PENSION ORDERS DT.22.2.10 (PRE-96 PENSIONERS) - PLEASE CLICK HERE
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H.NO.170/C, BASAVESHWARANAGAR COLONY,YELLAMMAKUNTA, PO&TQ.MAKTHAL, DIST.MAHABUBNAGAR-509208 (A.P.)
TO : 1) SHRI AK ANTONY, THE HON. DEFENCE MINISTER, GOI,MOD, SOUTH BLOCK, NEW DELHI-110011
2) THE SECY.(ESW), DEPT OF ESM WELFARE, 5-A, SOUTH BLOCK, NEW DELHI 110011
3) THE CHAIRMAN, COSC-AIR CHF MSHL PV NAIK, CAS, AIR HQ(VB) NEW DELHI- 110011
4) GEN VK SINGH, COAS, ARMY HQ, NEW DELHI 110011
5) GOI, MOD, DTE OF PAY PENSION AND REGS, NEW DELHI 110011
6) CGDA, ULAN BATAR ROAD, PALAM, DELHI CANTT-110010
SUB - REVISION OF PENSION AND RELATED ISSUES W E F 1.1.1996 - REGARDING
REF :- 1) GOI MO PERS OM F.NO.38/37/08-P&PW(A) Dt. 10.12.09
2) PCDA(P) ALLAHABAD CIRCULAR 430 DATED 10.3.10/MOD LTR dt.8.3.10
3) MY PETITIONS FOR REVISION OF PENSION NOs.NIL DATED 15.1.2010 & 15.3.2010
4) AIR HQ LTR NO. AIRHQ/24229/VI CPC/PP&R-3(i) DATED 18.2.2010
5) CGDA LTR NO.AT/CC/P-ORS/G-105/02/10 DATED 22.2.2010
6) GOVT OF PANJAB PENSION ORDER NO.3/39/09-3FPPC/201 Dt. 22.2.2010
7) Hindustan Times News item d/d 8.3.10 on OROP.
MOST RESPECTED SIR
1. At the outset, I am thankful and most obliged for forwarding my petition dt.15.1.10, for revision of pension wef 1.1.96, by AIR HQ DPP&R vide their letter cited at ref. Sl.No.4 above(copy enclosed). I respectfully solicit your kind personal attention to the facts/details contained in my this Petition and the ones cited at reference Sl.No.3 above, and grant me revised pension on par with post-06 pensioners, granted in terms of Orders cited at reference cited at Sl.No.1 and 6.
2. Further, I respectfully submit that the CGDA, New Delhi, vide their ltr cited at reference Sl.No.5 above, had informed me that they have preferred an appeal in Supreme Court against Panjab & Haryana High Court Order in WP No.6223/07 d/d 26.5.08, and obtained a STAY Order and as such my request for revision of pension w.e.f.1.1.96 (not covered under existing Govt orders) and cannot be acceded to at present (copy enclosed). How shocking? Sir, on going through the judgement, it is amply clear that the Hon.court had examined the facts and circumstances related to the issue in detail, i.e. the cause of action arose on 1.1.96, remedial/ rectification action be taken from that date. (The Union Law Minister/Chief Justice of India, frequently talk of a huge arrears of 2.6 crores of pending cases in Indian Courts and suggest, advise all stake holders to reduce them considerably-Govt being the biggest litigant).The MOD, Dept of ESM Welfare, should have sympathized with ORs pitiable and lowly financial conditions, and implemented court orders rather than appealing against the same before the SC. The officials concerned who decided to appeal against the court orders before the SC, seem to have not cared/ considered this aspect and as a result, a plethora of pending cases piled up (Contempt/ WP/OAs etc) before the courts, AFT. This can be stopped only when such of these officials, who decide to contest court orders and go in for appeals in SC, be ordered to refund /pay the entire legal/court fee etc, once the appealed case is lost. The entire expenses should be recovered from their salary. Of course, if the case is won, the Govt . bears the cost. I earnestly request your kindself to review this policy in the light of the above and pass appropriate orders.
3. Further, I most respectfully request you to kindly peruse the Govt. of Panjab (Dept of Fin.Pension Policy& Co-ord) Branch, ORDERS No.3/39/09-3FPPC/201 dated 22.2.2010,(cited at Sl.No.6 above) on the matter of Revision of Pension of Pre-06 Pensioners(copy enclosed). By taking a leaf out of this orders of Punjab Govt. on Revision of Pre-2006 Punjab State Pensioners, and since a similar situation of the times of D.S. Nakra case is around us consequent on implementation of VI CPC recommendations, the GOI, MOD may extend the benefit of revised pension to all pre-2006 cases, elucidated below:-
i) The evergreen D.S. Nakra case judgment confirmed that `Article 14 strikes at arbitrariness in State action and ensures fairness and quality of treatment. It is attracted where equals are treated differently without any reasonable basis. The principle underlying the guarantee is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is substantially the same. Article 14 forbids class legislation but permits reasonable classification for the purpose of legislation. The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and that differentia must have a rational nexus to the object sought to be achieved by the statute in question. In other words, there ought to be causal connection between the basis of classification and the object of the statute. The doctrine of classification was evolved by the Court for the purpose of sustaining a legislation or State action designed to help weaker sections of the society. Legislative and executive action may accordingly be sustained by the court if the State satisfies the twin tests of reasonable classification and the rational principle correlated to the object sought to be achieved. A discriminatory action is liable to be struck down unless it can be shown by the Government that the departure was not arbitrary but was based on some valid principle which in itself was not irrational, unreasonable or discriminatory.
ii) In the instant (D.S. Nakra) case, looking to the goals for the attainment of which pension is paid and the welfare State proposed to be set up in the light of the Directive Principles of State Policy and Preamble to the Constitution it is indisputable that pensioners for payment of pension form a class. When the State considered it necessary to liberalise pension scheme in order to augment social security in old age to government servants it could not grant the benefits of liberalisation only to those who retired subsequent to specified date and deny the same to those who had retired prior to that date. The division which classified pensioners into two classes on the basis of the specified date was devoid of any rational principle and was both arbitrary and unprincipled being unrelated to the object sought to be achieved by grant of liberalised pension and the guarantee of equal treatment contained in Art. 14 was violated in as much as the pension rules which were statutory in character meted out differential and discriminatory treatment to equals in the matter of computation of pension from the dates specified’.
iii) Minimum Revised Pension:-The significant question involved is–What constitutes a Minimum Revised Pension in absence of a single revised scale corresponding to a single pre-revised scale? The question necessitated owing to introduction of pay band by grouping the 29 pre-revised scales into four independent pay bands. What serving employees and post-2006 pensioners get? - In the case of serving employees and Post 2006 pensioners the revised pay in pay band is determined using a fitment table that consists of revised pay for each stage in pre-revised pay scale. Here, it may be noted that pay in the pay band applicable, necessarily correspond with the pay drawn as on 1.1.2006 in pre-revised scale that was held by serving employee or post 2006 pensioners. In case of retirement after 1.1.2006, 50% of pay in pay band and 50% of grade pay drawn is assured. And What Pre-2006 Pensioners get? - Whereas, in the case of pensioners retired prior to 2006, in accordance with the modified version of para 4.2 of initial OM dated 1.9.2008 clarified in the OM dated 3.10.2008, 50% of the minimum of the pay band plus 50% of grade pay corresponding to the pre-revised scale from which the pensioner had retired, only has been made entitled as minimum revised guaranteed pension w.e.f. 1.1.2006. To illustrate, seven Old pay scales starting from S9-5000-8000 to S15-8000-13500 have been bunched as New Pay band called PB-2 with pay scale of Rs.9300-34800 with varied grade pays starting from Rs.4200 to Rs.5400. So, if a pre-2006 pensioner who served in the pay scale equivalent to the pre-revised pay scale of S15-8000-13500 that carries grade pay of Rs.5400 would end up with minimum pension of Rs.7,350/- (50% of minimum in the pay band and grade pay) at par with an pre-2006 pensioner served in the pay scale equivalent to pre-revised pay scale of S-9-5000-8000 that carries grade pay of Rs.4200, who will receive a minimum pension of Rs.6750/- (50% of minimum in the pay band and grade pay). While a person retiring with bottom of the revised pay after 1.1.2006 will be drawing 50% of the same as revised pension, a similar person retired prior to 1.1.2006 even at the top of the corresponding pre-revised scale, will get lesser pension than the said post-2006 retiree.
iv) The concept/importance of Initial Pay as per Pension Order of Punjab State Govt:- At present, there comes a welcome Order from the State Govt. of Punjab dt. 22.2.2010, which follows recommendations of the VI CPC. As per the said Order, the full pension in no case shall be less than 50% of the initial pay against corresponding to pre-revised scale in which the pensioner had last worked. Neither Pay Band/ Pay in the Pay Band nor Grade Pay element is so crucial as that of initial pay in the revised structure, and ultimately for determining the minimum revised guaranteed pension as per para 4.2 of OM dated 1.9.2008, just like the initial pay as notified vide the Punjab Govt., the revised pay should be the crucial point for the pre-2006 pensioners of Central Government. This is so because, modified parity aspects had been very clearly specified vide para 5.1.46 of the 6th CPC recommendation and a precedence was set already by the DOP&PW vide their OM dated 17.12.1998 to the extent that 50% of bottom of the revised scale to be minimum revised pension. The excuse that the 6th CPC revision do not have a single revised pay is totally incorrect, as long as there exists an INITIAL PAY in the revised structure for a serving employee. A loud speaking order has been issued by the Punjab State Govt. to dispel any sort of confusion or doubt that can arise in the minds of disbursing agency even. Ultimately, while 50% of initial pay can emerge as minimum revised pension for a pre-2006 pensioner retired from the state Govt.of Punjab, the same 50% of initial pay must very well emerge as minimum revised/assured/ guaranteed pension w.e.f. 1.1.2006 for a pre-2006 pensioner of the central govt. This enlightening order could simply be copied by GOI for their pre-2006 retirees and put an end to a bundle of controversies and violation of every norm/ rule/articles of Constitution.
(v) Concept of parity among the pensioners is based on the various Judgments of the Hon. S C.
(a) In the India Ex-Services League and Ors 1991(2) SCC 104 Justice Verma interpreted the scope of Judgment in the D.S. Nakara case as –“It was clearly stated that if pensioners form a class, their computation cannot be by different formula affording unequal treatment solely on the ground that some retired earlier and some retired later. This is to us the decision in the Nakra case and no more.”
(b) In the case of V Kasturi vs. MD, SBI, Bombay & Anr 1998 (2) supp. SCR 269 Dt.09-10-1998, the following Judgement was pronounced regarding past pensioners- “If the person retiring is eligible for pension at the time of his retirement and if he survives till the time by subsequent amendment of the relevant pension scheme, he would become eligible to get enhanced pension or would become eligible to get more pension as per the new formula of computation of pension subsequently brought into force. He would be entitled to get the benefit of the amended pension provision from the date of such order as he would be a member of the very same class of pensioners when the additional benefit is being conferred on all of them. In such a situation the additional benefit available to the same class of pensioners cannot be denied to him on the ground that he had retired prior to the date on which the aforesaid additional benefit was conferred on all the members of the same class of pensioners who had survived by the time the scheme granting additional benefit to these pensioners came into force. The line of decisions tracing their roots to the ratio of Nakara’s case (supra) would cover this category of cases.”
(vi) In the cases of Babu Ram Dhiman Vs Union of India and Sohan Singh Vs Union of India:-The Chandigarh bench of the Armed Forces Tribunal has directed the Union government to grant one rank one pension or the same pension to personnel belonging to the same rank, irrespective of the date of retirement. Deciding on the cases of Babu Ram Dhiman vs Union of India and Sohan Singh vs Union of India, the tribunal on Monday said, “It is quite clear that the State cannot lay down different criteria for grant of pension for same rank of officers and Personnel Below Officer Rank (PBOR) on the basis of the cut-off date of retirement. All pensioners, irrespective of the date of retirement are entitled to (the) same pension.” The judgment also said grant of unequal pay in the same rank was a violation of Article 14 of the Constitution that grants equal rights to all citizens. The All India ESM Wel Assn, Chandigarh, under its legal aid scheme, filed these two cases seeking a direction to the Ministry of Defence to revise the pension of those who retired before January 2006 to put them on par with post-September 2008 pensioners. Bhim Sen Sehgal, chairman of the association and Rajesh Sehgal, petitioners’ counsel, submitted that a Havildar who retired before January 2006 gets a pension of Rs 4,060 per month while those retiring after September 2008 get Rs 7,846. Similar are the cases of equivalent ranks of the Army, Navy and Air Force, they said. Amar Preet Sandhu, the central government’s lawyer maintained that the matter was under the government’s consideration.
vii) I respectfully draw your kind attention that, vide reference cited at Sl.No. 1 above, on the basis of VI CPC recommendations, all CG employees who have completed 20 years of service, are granted full pension i.e.50% of their salary (the erstwhile 33yrs completion of service requirement was dispensed with, wef 1.1.2006). For this purpose, the extra weightage of age granted to lowest 3 ranks OF PRE-06 Pensioners as per GOI, MOD orders d/d 1.2.06 and continuing this provision in CoS report/pension orders circulars 350/430 may be dispensed with wef 1.1.2006. However, the earlier orders of providing 5 years weightage for pension purposes in r/o all ORs may be continued. This will surely help all disparities go away and there remain only ONE CLASS OF PENSIONERS.
4. Sir, your goodselves are fully aware that Military Service is UNIQUE, with a highly demanding 24 /7 work culture under hostile environments and secondly, it is the only Service wherein a Jawan is bundled out at the young age of 35, when he has a wife, two small children, unmarried sisters and parents to be taken care of; without an assured alternative employment. A young man who joins Govt. service in civil as a LDC or a Police constable; serves comfortably till the age of 60 years and retires in a much higher position with a good amount as pension. Not so in the case of a Jawan. 85% of the Sepoys retire as Sepoys only after 15 years service. Most civilians who retire at 60, would live to see only one Pay Commission after retirement, considering their longevity to be 70-75 years and may be a few, two pay commissions; but a Sepoy would live to see nothing less than four Pay Commissions after retirement. It is the older pensioners of the Army, Navy & Air Force who are the worst sufferers. It is not only the serving soldier that the STATE is duty bound to take care of; but also the Veterans who have sacrificed their youth in service of the Nation with no other thought but, DUTY, HONOUR and COUNTRY. The Parliamentary Standing Committee on Defence, comprising 44 eminent Members of Pardliament, had in their Report to Lok Sabha on 19 Aug 2003, strongly recommended the grant of ONE RANK ONE PENSION (OROP) to Ex-Servicemen. Para 99 of the said Report is reproduced below:-
“The Committee has been recommending grant of `ONE RANK ONE PENSION’ to the armed forces personnel time and again. The Committee observes that successive Governments and Pay Commissions have made improvements in the pension structure keeping in view the cost of living index. This has accentuated the disparity of pensionary benefits between pensioners of the same rank. The older pensioners who have become infirm in ability and capability and burdened with a larger social obligation receive pension calculated at the rate of pay at the time of their retirement in 1950s or 1960s or 1970s, which is quite paltry and the Dearness Relief quite inconsequential in today’s context of inflation and shrinking purchasing value of money. The nation must repay its debt to those Defendents of the motherland with gratitude and humility. We should, instead of, looking for precedents in this regard, create precedents for the others to emulate. Any amount paid in this regard would be small token of our gratitude to them. The Committee, therefore, once again reiterates their earlier recommendation for providing `ONE RANK ONE PENSION’ to the armed forces personnel”.
5. The poor ex-servicemen, mostly hailing from villages spread across even do not know or understand their pension details and take whatever is given by the Govt/PDAs. Sir, No questions asked whatsoever. Sir, It is relevant here to mention that the above situation aptly describes:-
i) In a case - Bihar Legal Support Society vs The Chief Justice of India & Ors (AIR 1987 SC 38), the Supreme Court observed - “the weaker sections of Indian society have been deprived of justice for long long years; they have had no access to justice on account of their poverty, ignorance and illiteracy..... The majority of the people of our country are subjected to this denial of ‘access to justice’ and overtaken by despair and helplessness, they continue to remain victims of an exploitative society where economic power is concentrated in the hands of a few and it is used for perpetuation of domination over large masses of human beings… The strategy of PIL has been evolved by this Court with a view to bringing justice within the easy reach of the poor and disadvantaged sections of the community.”
ii) And the famous dictum of Justice Brennan of the US Supreme Court may also be recalled: “Nothing rankles more in the human heart than a brooding sense of injustice. Illness we can put up with, but injustice makes us want to pull things down. When only the rich can enjoy the law, as a doubtful luxury, and the poor who need it most, cannot have it because its expense puts it beyond their reach, the threat to the existence of free democracy is not imaginary but very real, because democracy’s very life depends upon making the machinery of justice so effective that every citizen shall believe in the benefit of impartiality and fairness”. "The right of access to justice is integral to the rule of law and administration of courts in accordance with the Constitution. It serves as the guiding principle in regard to any measure that affects the administration of justice whether civil or criminal. With this essential understanding of the basic issue of access to justice, we proceed to examine the central issues that we have posed for consideration."
iii) And lastly, I wish to draw your kind attention to this screaming news item dt. 2.4.10, “Stop treating army men like 'beggars', SC to govt” that - The Supreme Court has slammed the union government for treating army personnel like "beggars" in respect of emoluments and pension and asked the authorities to adopt a more "humane approach" towards those bravely defending the country's borders. "If a person goes to any part of Delhi and sits for begging, he will earn Rs 1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? "Is this the way you treat those brave army officers? It is unfortunate that you are treating them like beggars," a bench of Justices M Katju and A K Patnaik said in verbal comments while passing the order. The apex court passed order dismissing the Centre's appeal challenging a Punjab and Haryana High Court direction to pay higher pension to C S Siddu, a SSC Officer whose right arm had to be amputated due to an accident while on duty at the high altitudes on 21-11- 1970. "The army personnel are bravely defending the country even at cost of their lives and we feel they should be treated in a better and more humane manner by government authorities, particularly, in respect of their emoluments, pension and other benefits," the bench said in an order. There was an element of drama in the court when Additional Solicitor General Parag Tripathi pleaded with the court not to use "strong words" in the order like "beggars," "niggardly" "miserly", following which the bench dropped them from the written order. "We regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent,(Sidhu) who was posted at a high altitude field area and met with an accident during discharge of his duties was granted a meagre pension. This is a pittance (about Rs 1000) per month plus D.A. "If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate," the bench however, noted in its written order.
6. Sir, you are aware that the recent court orders of Maj AK Dhanapalan, Maj Gen SPS Vains Cases were implemented thereby rendering justice/benefits to the affected large number of officers. But the rare Panjab &Haryana HC judgement benefiting a large number of ORs was not implemented by filing an avoidable appeal before the SC. Considering small benefits likely to accrue to the ORs as a result of implemention of this judgement, it is requested that the GOI, MOD may kindly take steps to withdraw the SLP from the Supreme Court and issue revised pension orders w.e.f. 1.1.1996/10.10.1997, with attendant benefits of arrears etc, at an early date, and put an end to woes of ex-servicemen and oblige.
7. The fixed medical allowance @Rs.100/-pm is to be revised by the GOI as recommended by the VI CPC, which has not been revised as on date. Since the cost of medical expenses has increase steeply, I request you to kindly enhance the same to Rs.1000/- plus DA on it or a fixed amount of Rs.2000/-pm for the non-CGHS retirees of the armed forces pensioners, which will go a longway to help me my medical care needs. Furthermore, I request your benign indulgence to sanction/grant TA @ Rs.100/-pd to self and also to one attendant to visit the district hospital, at least thrice a month, which is about 45 km from my village residence.
8. Further, I respectfully submit that since the Highest Classification Allowance at 50% rate was allowed to army pensioners w.e.f.10.10.97, this may also be extended to me as I had passed all the promotion examinations including the JWO promotion examination in 1985(Rs.25/-), which has been revised to a maximum of Rs.120/-p.m. and allowed in full to be included in pension w.e.f.1.1.2006. Similarly the GCB pay (I/II/III rates, Rs.80+80+80 = Rs.240/-) were allowed in full to post 1.1.2006 retirees, this facility ay also be extended in my case too, since I was drawing three rates of GCB Pay prior to retirement.
9. In view of the foregoings, I once again request your kindself to bestow your personal attention and order to revise my pension(for 18.5 years completed service- 19.5.1971 to 28.11.1989)correctly as- i)Rs.563/- w.e.f. 29.11.1989(IV CPC), ii) To be revised to Rs.1875/- w.e.f.1.1.96(discharged prior to pre-96,Group III-worked out on maximum scale of pay Rs.3775-5050) as per pension orders of 7.6.99. iii)This may be revised to Rs.2077/- w.e.f.10.10.97(as per maximum scale of pay calculation, in restructured pay scale of 4320-5595, of group Y). iv)In terms of GOI Orders of 1.2.06, my pension Rs.2077/- shall be increased by 1.5 times to Rs.3116/-(Rs.2077+ 1039)(min.1275/-raised by 1.5 times to Rs.1913/-pm as per MOD Order dt.1.2.06) w.e.f. 10.10.97 (and not wef 1.1.96 as mentioned in 1.2.06 order). V) Accordingly, the 50% DA Merger with BP wef 1.4.04, would be(Rs.3116/+1558 = Rs.4674/- plus DA + fixed medical allowance of Rs.100/-p.m. (vi) As per VI CPC pension fitment formula of multiplying existing pension by 2.26 times, my pension gets fixed at Rs. 7050/- (Rs.3116 x2.26=7043 r/off to 7050) w.e.f.1.1.2006. vii) And as per CoS report/and order of 10.12.09(Ref at sl.no.1 above), my pension may be revised at Rs.7605/-(Rs.10210+2800+2000 = Rs.15210/2) w.e.f.1.7.09. viii) I request you to order the arrears arising out of the above revisions of pensions from 29.11.89, 1.1.96, 10.10.97, 1.4.2004, 1.1.2006 and 1.7.09 be paid to me at the earliest.
10. For this act of kindness, I shall ever remain grateful to you, Sir.
Yours faithully,
Sd/-xxxxxxxxxx
Date : 04th April, 2010. (GV Narayana)Ex-SGT
ENCL : AS STATED
Copy to:-
1) AFRO (OIC PP&W, SUBROTO PARK, NEW DELHI-110011_For kind information&necessary action pl.
2) Jt. CDA(AF),C/O AFCAO,SUBROTO PARK, New Delhi-10 --do--
3) PCDA (PENSION), DRAUPADIGHAT, ALLAHABAD (UP) --do--
4) ADALAT OFFICER, PCDA, ANNA SALAI, TEYNAMPET, CHENNAI (TN) --do--
5) Pension Cell, Army Mela, Arty Centre, Golconda, Hyd.(AP) (4.4.10) -do—
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I - // COPY //
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Tele : 23010231/7826 REGISTERED
AIR HQ (DTE OF PP&R) WEST BLOCK IV
RK PURAM NEW DELHI-110066
AIRHQ/24229/VI CPC/PP&R-3(I) Dt. 18 FEB 10
DDPA-III, AIR HQ (VB) NEW DELHI-110011
AFRO, SUBROTO PARK, NEW DELHI-110010
REVISION OF SERVICE PENSION ROM 1.1.1996 – EX-SGT GV NARAYANA 612027
1.A copy of representation dated 15 Jan 10, on the above subject, is forwarded herewith for your necessary action.
Sd/-xxxxxxxxxx
(Mahabir Singh) SO
Encl – As stated above. PP&R-3(i)
Copy to : Ex-Sgt GV Narayana (612027) C/o V Narsimhulu (contractor) For info /n.a. please.
H.No.170/c, Basaveeshwara colony, Makthal (TQ) Mahabubnagar(Dt)(AP)
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II // COPY //
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OFFICE OF THE CGDA, ULAN BATAR ROAD, PALAM, DELHI CANTT-110010
AT/CC/P-ORG/G-105/02/10 DATED 22.02.2010
TO : No.612027, Ex-SGT GV Narayana, C/0 V Narsimhulu (Contractor),
H.No.170/c, Basaveshwara colony, Makthal (TQ), Mahabubnagar (Dt)(AP)
SUB – REVISION OF SERVICE PENSION WEF 1.1.1996
REF- Your Representation dated 15.1.20110 addressed to Min of Def and a copy to this office.
1. The contents off your representation dated 15.1.20110 have been examined and the following is intimated.
2. As regards to para 2 of your representation dated 15.1.2010, quoted under reference wherein you have requested for thee implementation of the Judgement and order dated 26.5.2008 of Hon High Court of Punjab and Haryana, Chandigarh. In this context, it is informed that SLP has been filed in the Hon’ble Supreme Court of India in the matter of Writ Petition No.6223/2007 (UOI and other Vs Gurmail Singh Dhadli and others). The Writ Petition No.6223/2007 was called for hearing on 2.2.2009 and Hon’ble Supreme Court of India was pleaded to grant stay of operation of the impunged judgement. Since ll cases have been disposed off by the Hon’ble court by relying on the said judgement in CWP No.6223/2007 filed by Gurmail Singh Dhadli Vs UOI, against which a stay has been granted.
3. In view of above, your request to issue a Corr.PPO regarding revision of pension wef 1.1.96 based on the above said judgement dated 26.5.2008 and presumptions made therein is not covered under existing Govt Orders, and hence cannot be acceded to at present.
Sd/-xxxxxxxxxxxxxxxxx
(ACHUTANAND)AO(AT-PEN)
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III - PANJAB GOVT. PENSION ORDERS DT.22.2.10 (PRE-96 PENSIONERS) - PLEASE CLICK HERE
-===========================================
Friday, April 2, 2010
Govt to hire retired employees for Census 2011
Thursday, April 1, 2010
Hit by a shortage of officers, the government has decided to hire its retired employees to contribute in the conduct of the mammoth Census exercise covering 1.2 billion residents spread over 35 states and Union Territories.The government has floated 695 temporary posts to be filled by retired central and state government employees in the ranks of Joint Director (Census operations) up to the level of data entry operators to function under the office of the Registrar General and Census Commissioner of India.
The retired employees will be hired on temporary basis, for six months, which can be extended, with an approximate salary (with additional travelling and dearness allowance) in the range of Rs 26,000 to Rs 12,000 in various ranks.
source: PTI
Hit by a shortage of officers, the government has decided to hire its retired employees to contribute in the conduct of the mammoth Census exercise covering 1.2 billion residents spread over 35 states and Union Territories.The government has floated 695 temporary posts to be filled by retired central and state government employees in the ranks of Joint Director (Census operations) up to the level of data entry operators to function under the office of the Registrar General and Census Commissioner of India.
The retired employees will be hired on temporary basis, for six months, which can be extended, with an approximate salary (with additional travelling and dearness allowance) in the range of Rs 26,000 to Rs 12,000 in various ranks.
source: PTI
GRANT OF REVISED DA (35%) WEF 1.1.10 TO ALL CG EMPLOYEES/PENSIONERS
F.No. 42/18/2010 – P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Date: 31st March, 2010.
OFFICE MEMORANDUM
Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.1.2010.
The undersigned is directed to refer to this Department’s OM No. 42/12/2009 – P& PW(G) dated 23.9.2009 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief payable to Central Government pensioners shall be enhanced from the existing rate of 27% to 35% w.e.f. 1st January, 2010.
2. These orders apply to (i) All Civilian Central Government Pensioners / Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners and (v) The Burma Civilian pensioners/family pensioners and pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan, who are in receipt of ad-hoc ex-gratia allowance of Rs.3500/- p.m. in terms of this Department’s OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department’s OM No. 23/3/2008 – P&PW(B) dated 15.9.2008.
3. Central Government Employees who had drawn lumpsum amount on absorption in a PSU/Autono-mous body and have become eligible to restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department’s OM No. 4/59/97 – P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 35% w.e.f. 1.1.2010 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lumpsum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the O.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM No.4/29/99 – P & PW (D) dated 12.7.2000 refers.
4. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.
5. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45/73/97 – P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F. No. 38/88/2008 – P&PW (G) dated 9th July, 2009. The provisions relating to regulation of DR where pensioner is in receipt of more than one pension will remain unchanged.
6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.
7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.
8. The offices of Accountant General and Authorised Public Sector Banks are requested to arrange payment of relief to pensioners etc. on the basis of above instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-II dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No.GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.
9. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue in consultation with the C&AG.
10. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their OM No. 1(4)/EV/2004 dated 31.3.2010.
(V.K. Wadhwa)
Under Secretary
To,
All Ministries / Departments to the Government of India / Chief Secretaries and AGs of all States / UTs.
(sOURCE-cg STAFF NEWS)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Date: 31st March, 2010.
OFFICE MEMORANDUM
Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.1.2010.
The undersigned is directed to refer to this Department’s OM No. 42/12/2009 – P& PW(G) dated 23.9.2009 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief payable to Central Government pensioners shall be enhanced from the existing rate of 27% to 35% w.e.f. 1st January, 2010.
2. These orders apply to (i) All Civilian Central Government Pensioners / Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners and (v) The Burma Civilian pensioners/family pensioners and pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan, who are in receipt of ad-hoc ex-gratia allowance of Rs.3500/- p.m. in terms of this Department’s OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department’s OM No. 23/3/2008 – P&PW(B) dated 15.9.2008.
3. Central Government Employees who had drawn lumpsum amount on absorption in a PSU/Autono-mous body and have become eligible to restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department’s OM No. 4/59/97 – P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 35% w.e.f. 1.1.2010 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lumpsum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the O.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM No.4/29/99 – P & PW (D) dated 12.7.2000 refers.
4. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.
5. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45/73/97 – P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F. No. 38/88/2008 – P&PW (G) dated 9th July, 2009. The provisions relating to regulation of DR where pensioner is in receipt of more than one pension will remain unchanged.
6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.
7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.
8. The offices of Accountant General and Authorised Public Sector Banks are requested to arrange payment of relief to pensioners etc. on the basis of above instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-II dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No.GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.
9. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue in consultation with the C&AG.
10. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their OM No. 1(4)/EV/2004 dated 31.3.2010.
(V.K. Wadhwa)
Under Secretary
To,
All Ministries / Departments to the Government of India / Chief Secretaries and AGs of all States / UTs.
(sOURCE-cg STAFF NEWS)
सैनिकों से न हो भिखारी जैसा बर्ताव'
नई दिल्ली. सुप्रीम कोर्ट ने सशस्त्र सेना के अपंग हो चुके कर्मियों के साथ ‘भिखारियों’ जैसा बर्ताव करने के लिए सरकार को आड़े हाथों लिया है। शीर्ष कोर्ट ने शॉर्ट कमीशन अधिकारी को पेंशन देने से इनकार करने पर संबंधित अधिकारियों को फटकार भी लगाई। इस अधिकारी ने दाहिनी बांह गंवाने और ऊंचाई वाले इलाकों में तैनाती के दौरान कई फ्रेक्चर हो जाने के बाद सेवा छोड़ी थी।जस्टिस मरकडेय काटजू तथा एके पटनायक की बेंच ने कहा, ‘यदि कोई व्यक्ति दिल्ली में भीख मांगने बैठ जाए तो वह 1,000 रुपए प्रतिदिन कमा लेता है। आप ऐसे व्यक्ति को महज 1,000 रुपए प्रतिमाह देने जा रहे हैं जिसने कि ऊंचे इलाकों में देश के लिए संघर्ष किया और अपनी बांह गंवा दी।’ बेंच ने अपनी मौखिक टिप्पणियों में कहा, ‘क्या आपका सेना के बहादुर अधिकारियों के साथ यही व्यवहार है? यह दुर्भाग्यपूर्ण है कि आप उनके साथ भिखारियों जैसा बर्ताव करते हैं।’शीर्ष कोर्ट ने केंद्र सरकार की अपील खारिज करते हुए यह आदेश पारित किया। केंद्र ने अपनी अपील में पंजाब एवं हरियाणा हाईकोर्ट के उस निर्देश को चुनौती दी थी जिसमें सीएस सिद्धू को ऊंची पेंशन देने को कहा गया था। शॉर्ट कमीशन अधिकारी सिद्धू 21 नवंबर 1970 को उच्च इलाकों में ड्यूटी करते समय दुर्घटनाग्रस्त हुए थे।
(source-dainik bhaskar)
==============================
Stop treating army men like 'beggars', SC to govt
NEW DELHI: The Supreme Court has slammed the union government for treating army personnel like "beggars" in respect of emoluments and pension and asked the authorities to adopt a more "humane approach" towards those bravely defending the country's borders. "If a person goes to any part of Delhi and sits for begging, he will earn Rs 1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? "Is this the way you treat those brave army officers? It is unfortunate that you are treating them like beggars," a bench of Justices Markandeya Katju and A K Patnaik said in verbal comments while passing the order.
The apex court passed the order dismissing the Centre's appeal challenging a Punjab and Haryana High Court direction to pay higher pension to C S Siddu, a Short Commissioned Officer whose right arm had to be amputated due to an accident while on duty at the high altitudes on November November 21, 1970.
"The army personnel are bravely defending the country even at the cost of their lives and we feel they should be treated in a better and more humane manner by government authorities, particularly, in respect of their emoluments, pension and other benefits," the bench said in an order. There was an element of drama in the court when Additional Solicitor General Parag Tripathi pleaded with the court not to use "strong words" in the order like "beggars," "niggardly" "miserly", following which the bench dropped them from the written order. "We regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent,(Sidhu) who was posted at a high altitude field area and met with an accident during discharge of his duties was granted a meagre pension. This is a pittance (about Rs 1000) per month plus D.A. "If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate," the bench however, noted in its written order.
PTI, Apr 1, 2010, 06.33pm IST
==================================
COAS Gen V K Singh inspects the guard of honour in Delhi
New Delhi, Apr 1 (PTI) The Supreme Court has slammed the union government for treating army personnel like "beggars" in respect of emoluments and pension and asked the authorities to adopt a more "humane approach" towards those bravely defending the country's borders."If a person goes to any part of Delhi and sits for begging, he will earn Rs 1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? "Is this the way you treat those brave army officers? It is unfortunate that you are treating them like beggars," a bench of Justices Markandeya Katju and A K Patnaik said in verbal comments while passing the order.
(Source-PTI)
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Stop treating army men like 'beggars', SC to gov
NEW DELHI: The Supreme Court has slammed the union government for treating army personnel like "beggars" in respect of emoluments and pension and asked the authorities to adopt a more "humane approach" towards those bravely defending the country's borders. "If a person goes to any part of Delhi and sits for begging, he will earn Rs 1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? "Is this the way you treat those brave army officers? It is unfortunate that you are treating them like beggars," a bench of Justices Markandeya Katju and A K Patnaik said in verbal comments while passing the order.
The apex court passed the order dismissing the Centre's appeal challenging a Punjab and Haryana High Court direction to pay higher pension to C S Siddu, a Short Commissioned Officer whose right arm had to be amputated due to an accident while on duty at the high altitudes on November November 21, 1970.
"The army personnel are bravely defending the country even at the cost of their lives and we feel they should be treated in a better and more humane manner by government authorities, particularly, in respect of their emoluments, pension and other benefits," the bench said in an order. There was an element of drama in the court when Additional Solicitor General Parag Tripathi pleaded with the court not to use "strong words" in the order like "beggars," "niggardly" "miserly", following which the bench dropped them from the written order.
"We regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent,(Sidhu) who was posted at a high altitude field area and met with an accident during discharge of his duties was granted a meagre pension. This is a pittance (about Rs 1000) per month plus D.A. "If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate," the bench however, noted in its written order.
(source-NDTV)
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