Wednesday, April 30, 2014

7th CPC Questionnaire: Final Reply by Bharat Pensioner's Samaj

Bharat Pensioners Samaj reply to 7th CPC :

No. BPS/SG/2014/7CPC/2                                                                               Dated : 26.04.2014

Ms Meena Agarwal,
Secretary  GOI Seventh Central Pay Commission
 New Delhi (Through : Joint Secretary GOI M/O Personnel,PG & Pensions-DOP &PW)

Subject: 7th CPC Questionnaire
Reference: D.O. No 7cpc/15/questionnaire dated 9th April 2014
‘Bharat Pensioners Samaj’. One of the identified Pensioners’ Federation by GOI  M/O Personnel,  PG & Pensions-DOP& PW and a stake holder. In its capacity as one of the oldest & largest Pensioners Organization with over 550 Affiliated Associations, submits hereunder its reply to the questionnaire issued vide your D.O. No 7cpc/15/questionnaire dated 9th April 2014.
As Pension is not independent of Salary. Salary structure also, is a matter of concern to pensioners. However, Bharat Pensioners Samaj limits its answers to Question Nos 1.1, 1.2, 10.1 & 10.1.2 under the heads ‘Salary’ & ‘Pension’ .
Q.1.1 The consideration on which the minimum and maximum salary in case of the lowest group ‘C’ functionary and the maximum salary in case of a secretary level officer may be determined and what should be the ratio between the two.
 Ans. Socialistic structure of the country, constitutional provisions for equality & reduction of vast inequality in income & wealth between highest and lowest paid should be the main consideration for fixing maximum & minimum Salary. Rectifyin the inequality created by different multiplication factors  adopted by 6th CPC  for arriving at  Pay Bands & Pay Scales .The ratio between minimum & maximum of Salary be brought down to 1: 9. Ensuring uniformly equal % rise in Salary of all employees by adopting a common multiplication factor.
4th CPC had determined the ratio between minimum & maximum of salary to be 10.7(Chapter 41 & 43). In accordance with  the basic fiber of a Socialistic State this ratio should have gone reducing Pay Commission after Pay Commission. Even in capitalist countries like America & Britain this ratio is 1: 3.3 &1:5 respectively   In  countries with weaker economy like Philippines this is 1: 9.5. VI CPC adopted conversion factor of  1.86 to arrive at the minimum of lowest pay Band, where as it adopted a factor of  3.37 for arriving at the highest scale. This shredded the very basic fiber of the Constitution of Indian Socialistic State by raising  the  ratio  between minimum & maximum of Salary to 1: 12.85. This negative and socially regressive effect of the 6th Central Pay Commission has had the effect of worsening wealth and income inequality not only between pre-and post-2006 retirees, but even within pre-2006 retirees wherein higher-ups got full parity in Pension (Through modified parity).
Adoption of  a ratio of 1:9 between minimum & maximum paid will  rectify to some extent the injustice done so far.
Defence Employee: As far as Armed forces are concerned they do the supreme sacrifice for the country & must be the highest paid. For them the ratio between lowest & highest paid must not be more than 1:5.
Q.1.2  What should be the consideration for determining salary for various levels of functions between the highest level and the lowest level functionaries?
Ans. Equal % rise in Salary of all employees should be the main consideration. Revise the highest salary first by adding to existing salary, full DA+IR if any+ 50% fitment benefit . To meet talent attraction/retention requirement the revised Salary so arrived should be stepped up if required, to reasonably compare with Private and Public sectors. However, while drawing a comparison, job security, powers enjoyed, retirement benefits, facilities and Perks be taken into account. Divide the revised maximum Salary by 9 to arrive at the revised minimum Salary. Divide the revised minimum salary by the existing salary. The factor so arrived may be adopted as common multiplication factor  subject to the condition that the revised  salary of any employee is in no case will be less than existing basic pay + full DA+IR if any + 50% fitment benefit.
Q. No 10.1 New pension Scheme i.e The retirement benefits of all Central Government employees appointed on or after 1.1.2004 are covered by the New Pension Scheme (NPS). What has been the experience of the NPS in the last decade?
Ans. Withdraw New Pension Scheme for Govt. employees: for following reasons:
(i) Pension of Govt. employees is a deferred and its absolute entitlement has been confirmed by Hon. Supreme Court while disposing of D.S.Nakara case.           
(ii) wage paid out to them during the course of work tenure is kept low by design, to cater for pension.
(iii) He /She forgoes with interest 8.33% of govt. matching contribution to PF.
(iv) Pension is a social security measure & cannot be subjected in anyway to Market risks.
(v) It does not guarantee minimum return & thus lacks the basic fiber of Social Security Scheme
(vi) It is in no way better than the existing Pension  Scheme.
(vii) It does not provide guaranteed Family Pension to dependents & disabled siblings which exist in present scheme, even in case of spouse & dependent parents where death of the employee occur in early years of service there is no adequate social security.
Q. 10.1.2  i.e.  As for as pre 2004 appointees are concerned, what should be the principles that govern the structure of pension and retirement benefits?
Ans.  1. Keeping in view the Socialistic structure of the country, constitutional provisions & to reduce vast inequality between have & have lots, it is proposed:  The Ratio between maximum & minimum of Pension be brought down to 9:1, ensuring uniformly equal rise in Pension of all pensioners, irrespective of pre- retiral status. By adopting a common multiplication factor for revision of Pension. Subject to the condition that revised Pension shall not in any case be less than 65% & family Pension 45% of the last Pay in Pay Band i.e. Pay in Pay Band+ GP  /Pay scale or of average of last 10 months emoluments (Whichever is more beneficial). Raising of the ratio between minimum & maximum pension to 1:12.85 by 6th CPC, instead of reducing it, was unconstitutional.
7th pay commission is requested to first workout the top most revised pension, divide it by 9 to arrive at the minimum revised pension & then derive a uniform multiplication factor by dividing minimum revised Pension by minimum pre-revised Pension, with the condition that Pension shall not in any case be less than 65% & family Pension 45% of the last Pay in Pay Band i.e. Pay in Pay Band+ GP  /Pay scale or of average of last 10 months emoluments (Whichever is more beneficial) as was worked out & recommended by TECS (Tata Economic Consultancy Services) consultant to Vth CPC (Para 127.9 Vol III 5th CPC report). Also exactly same fitment benefit  & revision formula as given to working employees is allowed to pensioners .
2. One Rank one pension i.e persons retired from same rank, same seniority & equal length of service should get equal pension irrespective of date of retirement = full parity : ‘Justice must be equal for all’, otherwise, it breeds contempt, discontentment, inefficiency, corruption & finally the insurgency. We have seen it happening in Tribal areas of N.E, Chhatishgarh, Jharkand, Orisa, MP etc. Vast inequality of income and wealth between lowest & the highest paid, violation of Article 14 has already induced contempt, discontent, inefficiency & corruption, in Civil services. Govt. granted One Rank One Pension (OROP) to Armed forces, Judges granted it to themselves. Even a period of private practice of lawyer judges, to be counted towards qualifying service. Higher Bureaucracy got it through modified parity. All other Central Govt. Pensioners are definitely not the 2nd grade citizens!  One Rank One Pension to all retirees is now a constitutional requirement to ensure equality.
3. Defence Pensioners:  As far as defence pensioners are concerned they do the supreme sacrifice for the country. For them the ratio between highest & lowest paid must not be more than 1:5 and instead of being thrown out at an early age they must be transferred to Paramilitary/Police force after active tenure in armed forces. Otherwise, if these retired army personnel trained in all sort of weaponry are left uncared, they may fall prey to undesirable anti -national outfits. In their case it is also essential that retirees from uniformed cadre & civilian defence Pensioners are treated at Par for all purpose.Civilian in Defence Services’ belongs to Defence Forces and as such their case should be considered under Para 2(b) of the terms of reference of 7th CPC along-with other personnel of the Defence Forces.
4. Dearness relief : 100% neutralization with automatic merger with Pension whenever it goes to 50% : The Pension of Central Government Pensioners undergo revision only once in 10 years during which period the pension structure gets seriously dis-aligned; 50% increase in price takes place even in less than 5 years. This results in considerable erosion of the financial position of the pensioner. DR does not adequately take care of inflation at this level. Working employees are getting automatic relief by way of 25% increase in their allowances with every 50% rise in Dearness Allowance. As pensioners do not get any allowances, they feel discriminated against. In order to strike a balance, DR may be automatically merged with Pension whenever it goes to 50%.
5. Additional old age Pension : 5% upward enhancement in pension be granted every five years’  after the age of 60 years & upto 80 years & thereafter as per existing dispensation. As in the present scenario of climatic changes, incidence of pesticides and rising pollution, old age disabilities/diseases set in by the time an employee retires and go on manifesting very fast, needing additional finances to take care of these disabilities and diseases, especially as the cost of health care has gone very high.
6. Pension to be net of Income Tax : The purchase value of pension gets reduced day by day due to continuously high inflation and steep rise in cost of food items and medical facilities. Retired persons/Senior citizens do not enjoy fully public goods and services provided by Government for citizens due to lack of mobility and many other factors. Their ability to pay tax gets reduced from year to year after retirement due to ever-increasing expenditure on food, medicines and other incidentals. Their net worth at year end gets reduced considerably as compared to the beginning of the year. Inflation, for a pensioner is much more than any tax. It erodes the major part of the already inadequate pension. To enable pensioners, at the far end of their lives, to live in minimum comfort and to cater for ever rising cost of living, they may be spared from paying Income Tax.
7. Restoration of commuted value of Pension in 12 years: Commutation value in respect of employee superannuating at the age of 60 years between 1.1.1996 and 31.12.2005 and commuting a portion of pension within a period of one year would be equal to 9.81 years Purchase. After adding thereto a further period of two years for recovery of interest, in terms of observation of Supreme Court in their judgment in writ petitions No 395-61 of 1983 decided in December 1986, it would be reasonable to restore commuted portion of pension in 12 years instead of present 15 years. In case of persons superannuating at the age of 60 years after 31.12.2005 and seeking commutation within a year, numbers of purchase years have been further reduced to 8.194. Also, the mortality rate of 60 plus Indians has considerably reduced ever since Supreme Court judgment in 1986; the life expectancy stands at 76 years now. Therefore, restoration of commuted value of Pension after 12 years is fully justified.
8. The 6th Central Pay Commission’s improved/new benefits, like full pension for 20 years of service/10yrs service etc  have been limited only to post-1.1.2006 retirees.  This is in violation of the letter and spirit of Hon’ble Apex Court judgment in Nakara Case.
We appeal to the 7th CPC to extend the above benefits to all pre-1.1.2006 retirees with monetary benefit from 1.1.2006 to do them equal justice. And that new/improved benefits which 7th CPC may recommend, too be made equally applicable to present & past pensioners
9. Medical facilities: “Health is not a luxury” and “not be the sole possession of a privileged few”. It is a Fundamental Right of all present & past Employees!
To ensure hassle free health care facility to Pensioners/family pensioners, Smart Cards be issued irrespective of departments to all Pensioners and their Dependents for cashless medical facilities across the country. These smart cards should be valid in
  • all Govt. hospitals
  • all NABH accredited Multi Super Specialty hospitals across the country which have been allotted land at concessional rate or given any aid or concession by the Central or State govt.
  • all CGHS, RELHS & ECHS empanelled hospitals across the country.
  • Medical attendants. For reimbursement of bills for treatment & for hospitalization. No referral should be insisted in case of medical emergencies. For the purpose of reference for hospitalization & reimbursement of expenditure thereon in other than emergency cases Doctors/Medical officers working in different Central/State Govt. department dispensaries/health units should be recognized as Authorized medical attendant.
The enjoyment of the highest attainable standard of health is recognized as a fundamental right of all workers in terms of Article 21 read with Article 39 for a 41, 43, 48A and all related Articles as pronounced by the Supreme Court in Consumer Education and Research Center & Others vs Union of India (AIR 1995 Supreme Court 922) The Supreme court has held that the right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigor. Therefore, the right to health, medical aid to protect the health and vigour of a worker while in service or post retirement is a fundamental right-to make life of a worker meaningful and purposeful with dignity of person. Thus health care is not only a welfare measure but is a Fundamental Right.
We suggest that, all the pensioners, irrespective of pre-retiral class and status, be treated as same category of citizens and the same homogenous group. There should be no class or category based discrimination and all must be provided Health care services at par .
10. Hospital Regulatory Authority: To ensure that the hospitals do not avoid providing reasonable care to smart card holders and other poor citizens. A Hospital Regulatory Authority should be created to bring all NABH-accredited hospitals and NABL-accredited diagnostic Labs under its constant monitoring of quality, rates for different procedures & timely bill payments by Govt. agencies and Insurance companies. CGHS rates may be revised keeping in mind the workability as per market conditions.
11. Fixed Medical allowance (FMA): As is recorded in Para 5 of the minutes of Committee of Secretaries (COS) held on 15.04.2010 (Reference Cabinet Secretariat, Rashtrapati Bhavan No 502/2/3/2010-C.A.V Doc No. CD (C.A.V) 42/2010 Minutes of COS meeting dated 15.4.2010) which discussed enhancement of FMA. “CGHS card estimates for serving Personnel: Since estimates are not available separately for pensioners M/O Health & Family Welfare had assessed the total cost per card p.a. in 2007-2008 = Rs 16435 i.e. Rs.1369 per month for OPD”. Adding to it inflation, the figure today is well over Rs 2000/- PM. Ministry of Labour & Employment, Govt. of India vide its letter no. G-25012/2/2011-SSI dated 07.06.2013 has already enhanced FMA to Rs 2000/- PM for EPFO beneficiaries. Thus, to help elderly pensioners to look after their health, adequate raise in FMA will encourage a good number of pensioners to opt out of OPD facility which will reduce overcrowding in hospitals. OPD through Insurance will cost much more to the Govt. As such the proposal for raising Fixed Medical allowance to Pensioners is fully justified and is financially viable.
We suggest that FMA for all C.G. Pensioners be raised to at least Rs 2000/- PM without any distance restriction linking it to Dearness Relief for automatic further increase. We further suggest that FMA be exempted from INCOME TAX. Fixed Medical Allowance (FMA) is a compensatory allowance to reimburse the medical expenses. As Medical Reimbursement is not taxable, FMA should also be exempted from Income Tax.
12.Grievance redressal Mechanism: Pensioners/Family Pensioners are exploited, harassed and humiliated by their own counterparts in chair, who at the sight of an old person adopt a wooden face and indifferent attitude. Pensioners do not have representation even in Forums & Committees wherein pension policies and connected matters are discussed. The forum of Pension Adalat too is not of much avail as it meets only once a year which is too long a period for an elderly nearer to his end. Moreover, these Adalats deal with settlement claims only. SCOVA too meets only twice a year for about 3 hours at each occasion. Moreover, the scope of SCOVA is limited to feedback on Government policies. DOP&PW is perceived as a toothless authority which lacks direct Service Delivery Capability. It has been striving over the years to redress the Pensioners’ grievances through the ‘Sevottam’ model of the Department of Administrative Reforms & Public grievances; in the absence of strict timeline with punitive clause it is, however, proving to be a failure. Grievances are either not resolved for years or closed arbitrarily without resolving correctly.
We therefore, appeal that for resolving Pensioners complaints ,
 A strict time line with punitive clause be introduced in “Sevottam model”
(ii) Grievances are not allowed to be closed without resolving.
(iii) SCOVA be upgraded to JCM level covering all Pensioners by introducing suitable legislative amendment if required.
 13. Representations in various committees : As recommended vide Vth CPC report Vol III para 141.30 Pensioners’ representatives should be included in various committees & other For a of Govt where issues relating to the welfare of pensioners are likely to be discussed &debated :
Discussing, debating and deciding the matters / Policies relating to Pensioners, with representatives other than those of pensioners, is unfair & against the Rules of ‘Natural Justice’. At present various Committees like National Anomaly Committee (NAC) and JCM (on Pensioner matters), are there, wherein matters / policies relating to pensioners’ welfare are discussed and decided, but they do not have pensioners’ representatives with the result their viewpoints, hardships & anomalies are not properly represented. As pensioners are a homogeneous class, there is an urgent need to constitute separate Committees for pensioners wherein matters / policies / anomalies relating to pensioners of all Groups, categories &departments may be discussed.
14. Govt. should not indirectly pressurize courts by appealing again & again to get judgments reversed in its  favor & must implement all court  judgments  in  case of all similarly placed persons. V CPC recommended in para 126.5 that any Court Judgment involving  a common policy matter of pay/pension to a group of employees/pensioners, should be extended automatically to similarly placed employees/pensioners without driving every affected individual to the Courts of law. This recommendation is never followed by GOI, with the result Pensioners in the evening of their life, are forced to approach the legal forums, seeking  the same relief. This in turn, bulges court dockets. VII CPC to look into this matter once again and to issue suitable guidelines as deem fit and necessary.

With regards
Truly Yours,
Bharat Pensioners Samaj

Copy to  Sh. Sanjay Kothari; Secretary GOI M/O Personnel,PG & Pensions-DOP&PW for favourable action  at his level pl.

Copy to Secretary (Staff side JCM) for support & n/a at his level pl


Monday, April 21, 2014

Our Achiever Air Veterans

AirforceAssociation India 8:24pm Apr 19

 Periodically, we have been reading about the achievements of our colleagues who, after retirement, have found suitable jobs in the Public sectors or have got into very prestigious jobs with the Government in the Centre or in different States.
The Indian Air Force does not, really, train us for the world of Business. But there have to be success stories among the Air Veterans who have set up their own enterprises or business establishments and have succeeded in their ventures. Some of you may have even employed large/small number of ex-servicemen in your establishments.
Your Success stories are essentially the success of the life that you have lived while in the uniform. Your Association would like to share your stories with the world. Please do write about your achievements and tell us how the life in the IAF has helped you to attain these heights.
Please send such write ups to <>. Please note that your write-ups about your selves are important to us. We would try and add your stories in our forthcoming edition of the 'Eagle's Eye' alternatively these stories will be posted on the FB. Messages uploaded by the AFA do reach over 40-50 thousand readers.
The world is waiting to know about you !!!


                                                          {{ This is a true episode }}

The helicopter appeared over the late morning horizon. We were to receive Mr Lachhman Singh Rathore who was visiting our Flight Unit to perform the last rites of his son, Fg Offr Vikram Singh.

Only the day before, I had sent the telegram, “Deeply regret to inform that your son Fg Offr Vikram Singh lost his life in a flying accident early this morning. Death was instantaneous.” It was the first time for me- to meet and manage the bereaved next of kin, in this case the Father of the brave officer.

While most of the desolate family members insist on seeing the body, many a time there isn’t a body to show !! Flying Officer Vikram Singh’s remains were only a few kilos – scrapped from what was left in the cockpit. We had to weigh the wooden coffin with wood and earth.

The pilot brought the helicopter to a perfect touchdown. Soon Mr Lachhman Singh Rathor was helped down the ladder. A small and frail man he was, maybe of 80 years, clad in an immaculate dhoti. As I approached him, he asked in a quiet and dignified whisper, “Are you Venki, the Flight Commander?” “Yes Sir.” “Vikram had spoken to me about you. I’d like to speak to you alone for a minute.”

We walked to the edge of the concrete apron. ‘I have lost a son, and you have lost a friend. I’m sure that you have taken great care in arranging the funeral. Please tell me when and where you want my presence and what you want me to do. I’ll be there for everything. Later, I would like to meet Vikram’s friends, see his room and, if it is permitted, visit his work place. I then would like to return home tomorrow morning.”

A commander couldn’t have given me clearer instructions.

The funeral, with full military honours, was concluded by late afternoon. After the final echoes of the ‘Last Post’ faded away, Lachhman Singh spent the evening talking to the Squadron Pilots. Vikram’s roommate took him to see Vikram’s room. Lachhman Singh desired to spend the night in his son’s room instead of the guest house we had reserved for him. Early next morning after a tour of the squadron area, my boss took him to his office.

A while later, the staff car took Lachhman Singh to the civil airfield two hours away.

As the car disappeared round the corner, I remarked to my Boss, “A brave man he is. Spoke to me like a General when he told me exactly what he expected from us during his stay here. I have never seen a more composed man on such an occasion. I admire him.”

“Yes, Mr Lachhman Singh Rathore is a warrior in his own way. He sired three sons and has laid to rest all three of them.

His first son Captain Ghanshyam Singh of the Gurkha Rifles was killed in Ladakh in 1962 War. His second son, Major Bir Singh, died along the Ichogil Canal in 1965 in an ambush. His youngest, Vikram Singh, who had the courage to join the Air Force, is also gone now. This simple farmer has contributed more to our country’s defence than All of us combined.”

Yes, he is indeed a brave Indian ; in fact HE is MORE INDIAN than anyone else - His sacrifice can never ever be repaid by the Country !! He is almost a Martyr himself !!

But our Great Nation does Not know this simple Giant -- India only knows that Super Rich Cricketers need to be conferred BHARAT RATNA while a bunch of actors and actresses need to be conferred PADMA VIBHUSHANs and PADMASHREEs !!

Yes, they are so called 'Achievers' . Achieved Fame & Fortunes mostly for themselves and a wee bit for the country.( Ever wondered as to HOW on earth do actresses bring glory to the Nation ?? )

But what about the ' Losers ' ?? Those who have SIMPLY LOST their EVERYTHING to the Nation. Like this Father of Three Brave Soldiers.
(Emailed by - Ex Sgt A Padmabhaiah)

AirforceAssociation India posted in Air Force Association India Support Group

AirforceAssociation India
AirforceAssociation India 8:53pm Apr 20
Why Must You Remain In Touch ?
People retire young from the Armed Forces and immediately after retirement the race begins to do better than before and earn bigger money. A Veteran is really happy, that his dues from the Services have been credited into his Bank Account; regular pension has started and as some may feel-What? No more wearing of the uniform?

 Alas! Life is not so simple.

 It's only much later people realise that how they have lost out on so many things just because they thought they had burnt their bridges with their Service.

 Take the case of an old veteran whose wife,age 70 years, learnt about the AFA from her friends on the Facebook. The Veteran himself is bed ridden and the wife on contacting the AFA realised that the pension received by her veteran husband is almost a third of his present entitlement. She obviously had no clue that they should have been receiving revised PPOs and that they must get a pension slip from their Bank. They had not been paid any arrears for the revision in their pensions. She did not understand the complications she will have to face just because they do not have a joint bank account. All these years, when they thought they had had enough of their Service, they denied themselves and their children all the benefits which various agencies provide to a veteran. They also missed out on the news from their Brothers In Uniform. Loneliness in older age is killing and it dawns very late on people that they had themselves chosen to cut this very important umbilical chord.

 For Some of the veterans who are exceptionally lucky this may still be unsolicited advice, but it is our considered opinion that keeping in touch is in every veteran's self interest.

 Please ask your friends to get in touch, become members of the AFA and Yes!

Definitely guide your spouses about what to do in cases of your own becoming disabled or otherwise.

 Air Force Association India will always be available to help you out whether you become a member or not.

 Please write to us at our email address: -<>.

 Please do share this post on your Timeline, so that this message reaches the maximum number of readers.


Friday, April 18, 2014

My dog is like the Indian POLITICIAN** *

   My dog is like the Indian POLITICIAN

Nani Palkhiwala's "prediction"... how true?..........

*How true it is !!!!!! Nani Palkhiwala eminent Lawyer wrote on 16   January 1984. *


"The picture that emerges is that of a great country in a state of moral decay. The immediate future seems to belong to the doomsayers rather than to cheer mongers. We suffer from a fatty degeneration of conscience, and
the malady seems to be not only persistent but prone to aggravation. The life style of too many politicians and businessmen bears eloquent testimony to the truth of dictum that the single minded pursuit of money impoverishes the mind, shrivels the imagination and desiccates the heart.

The tricolour fluttering all over the country is black, red and scarlet - black money, red tape and scarlet corruption."

My dog sleeps about 20 hours a day.** **
He has his food prepared for him.
He can eat whenever he wants, 24/7/365.
His meals are provided at no cost to him.

By the way he does not need to pay for medical insurance He visits the doctor once a year for his checkup, and again during the year if any medical needs arise.

For this he pays nothing, and nothing is required of him.

He lives in a nice neighborhood in a house that is much larger than heneeds, but he is not required to do any upkeep. If he makes a mess, someone else cleans it up.

He has his choice of luxurious places to sleep.

He receives these accommodations absolutely free.** **

He is living like a King, and has absolutely no expenses whatsoever.

All of his costs are picked up by others who go out and earn a living every day. I was just thinking about all this, and suddenly it hit me like a brick in the head....... **

My dog is like the Indian POLITICIAN** *
(Source-BCV Blog)

Thursday, April 10, 2014



Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate from 90% to 100% effective from 1.1.2014. DoP&PW Order:-

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioner’s Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Date: 09th April, 2014
Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.1.2014.
The undersigned is directed to refer to this Department’s OM No. 42/13/2012-P&PW(G) dated 3rd Oct, 2013 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief (DR) payable to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 90 % to 100% w.e.f. 1st Jan, 2014.
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/families of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan and 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/ Autonomous 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 @ 100% w.e.f. 1.1.2014 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lump sum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the a.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM NoA/29/99-P&PW (D) dated. 12.7.2000 refer.
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 a 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 these 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 after consultation with the C&AG.
10. This issues with the concurrence of Ministry of Finance, Department of Expenditure conveyed vide their OM No.1( 4)/EV/2004 dated 07th, April, 2014.

11. Hindi version will follow.

( Charanjit Taneja)
Under Secretary to the Government of India


Wednesday, April 9, 2014

Documents to be verified before buying any property



Before buying any property or land in India, following legal documents or legalities should be checked.
1.Title deed / certificate of title of the land

When you are planning to buy any property, first and foremost thing is to check down the title deed of that property. The property title deed is the legal document which proves the ownership of property. The title deed presents certain rights and freedom to the person who holds it and such deeds are required where person wants to transfer his ownership.It includes description of property along with the person’s name that holds it and multiple persons can be listed as owner as well. An official seal is used to point out that the deed is recorded officially and normally it is signed by an owner(s) and a witness who may be a regional officer or a clerk.
So as a buyer you have to ask for original deed not a Xerox because sometimes the seller might have taken a loan and given in the original deed.
You should make sure through the title deed that the property is in the name of solely a seller and no one else is and he has all rights to sell it. The best practice is to get reviewed the property deed by an expert lawyer just to make sure that there are no loop holes.
As a good buyer you may also ask for a previous deed and get reviewed by a lawyer.
2. Encumbrance certificate
The encumbrance means any liabilities or charges created on any property in terms of any security of any debit by property owner which is not discharged as on date. It might be held as security against bank loan against property. Encumbrance certificate is necessary to check the title clearance of property when buying any property. This legal document is issued by registering authority. Government authorities and financial institutes like bank is requested encumbrance certificate for the period of 13 years but you can ask for up to 30 years as well to be checked. Then after if you still have any doubts, you can get possession certificate of ownership for a particular land from village office.
3. Torrence Plan
Torence plan is detailed plan of the property which is done by a licensed surveyor. All the measurements details in it are accurate in terms of length, width, borders etc. this plan is necessary for some specific areas only.
4. Pledged land
Many property owners take bank loan by pledging their property. So check they have paid the entire amount due when you are going to buy that property. If they have paid entire amount due then bank has issued them a “Release certificate”. Ask for the same as this release certificate is necessary whenever you want to take any loan in future.
5. Property Tax receipts
Property taxes are first charge on property that is paid to government or municipality. So you have to make enquiry in government and municipal offices to ensure whether all tax has been paid as on date. You can ask for latest tax receipt from owner. In this way you can check whether any notices or requisitions are issued on property or any tax due on the property. While you are checking property tax receipt, there are two columns in it. One is for owner’s name so verify it and other is for tax payer. In some cases, the tax receipt is not with owner. In such cases, you should contact village office with the survey number of land and confirm the original owner.
6. Measurement of Property 
It is prudential to measure the land before registering any property. In this way you can ensure the measurements and borders of land are perfect and accurate. You should get done it with authorized surveyor as you will avoid many problems coming in future. For the sake of your knowledge you should take surveys sketch from survey department and do ensure the accuracy.
7. Owner or Owners
In some cases, it’s possible that there will be more than one owner of property. In that case get No Objection Certificate or Release certificate from other owners.
8. NRI owner
An NRI can also sell his property in India. For this he gives Power of Attorney to third person whom he give rights for selling the property on behalf of him. The most important thing is to ensure the Power of Attorney is witnessed and is duly signed by an officer of the Indian Embassy. The Power of Attorney signed by a notary public has no legal support I such a case.
9. Deed/ Sale Agreement
After sorting out all the things whether financial or any other between buyer and seller, it’s now turn for advance payment and agreement between them. The agreement is done on 5o Rs stamp paper. It includes the final actual amount, advance payment, time limit to pay due amount and how to pay in installments, time indication when the actual sale should take place. It also includes what to do to cover loss if one of buyer or seller makes default. This ensures that the seller does not defer cost in any case after finalization and he doesn’t sell to another party meanwhile. This agreement can be done by an expert lawyer and signed by both the parties with two witnesses. After doing this agreement, if one from both parties makes any default then another one should take legal action against him.
10. Property Registration
All property sales will be held illegal unless the transaction is by means of a sale deed duly stamped and registered. After collecting and checking all the documents, you have to register land/ property at the Sub-Registrar or the SDM (Sub District Magistrates) of your area.
Mail: for clarification and advice.
(Source-Lawyers club)

Tuesday, April 8, 2014



Quite comprehensive I must say but how much would they be able to achieve at the end of the day would matter far more than mere promises on paper.  
Page 38 concerns security issues. It says BJP will:- Address the issue of reforms with regards to defence equipment, support services, organizationalreforms and other related matters. Address the increasing shortage of commissioned and non-commissioned staff in the defenceforces on a priority basis, in a time bound manner. Implement one rank, one pension. Build a War Memorial to recognize and honour the gallantry of our soldiers. Take measures to make Short Service Commission more attractive.   
Set up the National Maritime Authority which will be equipped with the best of infrastructure, and will focus on coastal security. Modernize armed forces, and increase the R&D in defence, with a goal of developing indigenous defence technologies and fast tracking of defence purchases. Deal with cross border terrorism with a firm hand. Review and improve the border management. Punitive measures will be introduced to check illegal immigration. Set up four dedicated defence universities.
Appoint a Veterans Commission to address the grievances of veterans, including reforming ECHS and re-employment of ESM. Ensure greater participation of AFs in the decision-making process of the MoD. Implement measures to improve the efficiency of Armed Forces Tribunals, and minimize appeals by the Govt. Ensure that servicemen can register and vote from their place of posting. Initiate the process of digitization of defence land in cantonment and in other places.  
Quite fauj-friendly but let us now see the most important part of IMPLEMENTATION if NDA comes to power. :|  

Tuesday, April 1, 2014

One rank one pension for Constitutional Office: Supreme Court on judges pension


PTI  New Delhi, March 31, 2014
Supreme Court
The Supreme Court of India.
The Supreme Court Monday held that "one rank one pension must be the norm in respect of a Constitutional Office" of judges and allowed the plea of former judges of high courts and apex court drawn from the Bar that their retirement benefits should be matched with those elevated from subordinate courts. The apex court delivered the judgement in this regard on the petitions filed by former judges of the higher judiciary alleging discrimination as the years served by them at Bar as advocates are not considered in grant of pension while those elevated from subordinate courts get the benefit of their service duration.
A three-judge bench headed by Chief Justice P Sathasivam said such classification was not only "unreasonable" and "adversely affects the image of the Judiciary" but also comes in the way of quality of justice as capable lawyers do not show inclination towards Judgeship. "When persons holding constitutional office retire from service, making discrimination in the fixation of their pensions depending upon the source from which they were appointed is in breach of Articles 14 and 16(1) of the Constitution. One rank one pension must be the norm in respect of a Constitutional Office," the bench, also comprising justices Ranjan Gogoi and N V Ramana said.
It further said "When a Civil Servant retires from service, the family pension is fixed at a higher rate whereas in the case of Judges of the High Court, it is fixed at a lower rate. No discrimination can be made in the matter of payment of family pension". The bench said there should not be any discrimination with regard to the fixation of their pension irrespective of the source from where Judges are drawn and they must be paid the same pension just as they have been paid same salaries and allowances and perks as serving Judges.
"Only practicing Advocates who have attained eminence are invited to accept Judgeship of the High Court. Because of the status of the office of High Court Judge, the responsibilities and duties attached to the office, hardly any advocate of distinction declines the offer. "Though it may be a great financial sacrifice to a successful lawyer to accept Judgeship, it is the desire to serve the society and the high prestige attached to the office and the respect the office commands that propel a successful lawyer to accept Judgeship," the bench observed.