Saturday, March 24, 2012

Central Government employees to get 7 percent additional dearness allowance



NEW DELHI: Over four-million central government employees will go home with an increased pay packet from now, with the union cabinet Friday hiking the dearness allowance to 65 percent of the basic salary from the existing 58 percent with retrospective effect from Jan 1 this year.

The hike, about 7 percent from the present rates, will also be applicable to central government pensioners.

The increase in the allowances will cost the government exchequer Rs.7,474.53 crore annually, according to the decision taken at the cabinet meeting presided by Prime Minister Manmohan Singh here.

Thursday, March 22, 2012

New Age for Qualifying Service for Punjab Govt. Pensioners



No.3/23/09-3FPPC/1358
GOVERNMENT OF PUNJAB
DEPARTMENT OF FINANCE
(FINANCE PENSION POLICY AND COORDINATION BRANCH)

Dated, Chandigarh, the 15th December, 2011
To
All Heads of Departments,
Commissioners of Divisions,
Registrar, High Court of Punjab and Haryana,
District and Sessions Judges and
Deputy Commissioners in the State.

Subject: Implementation of the recommendations of the Fifth Punjab Pay Commission regarding pension and other retirement benefits.

Sir,
I am directed to invite a reference to para 3.1 of Government letter No. 3/23/09-3FPPC/879, dated 17th August, 2009, on the subject cited above and to say that the Governor of Punjab is pleased to decide that the linkage of full pension with qualifying service of 33 years shall be dispensed with. Once a Government employee has rendered minimum qualifying service of twenty-five years, pension shall be admissible equal to 50% of emoluments or average emoluments received during the last 10 months, whichever is beneficial to him.

2. Nothing in this communication shall apply to the employees governed by the New Pension Scheme.

3. These orders shall come into force with effect from 1st December, 2011.

4. The other terms and conditions regarding grant of pension and other retirement benefits shall remain unchanged.

5. Necessary amendment in rules shall be made in due course.

6. Punjabi version of these orders shall follow in due course.

Yours faithfully,
(Usha Sehgal)
Joint Secretary Finance

No.3/23/09-3FPPC/1359   Dated, Chandigarh, the 15th December, 2011.


A copy each is forwarded to:-
(i)  The Principal Accountant General (Audit), Punjab, Chandigarh.
(ii) The Principal Accountant General (A&E), Punjab, Chandigarh
 
                              (Usha Sehgal) Joint Secretary Finance


No. 3/23/09-3FPPC/1360  Dated, Chandigarh, the 15th December, 2011.

A copy each is forwarded to:-
 (i)  The Chief Secretary to Government of Punjab, Chandigarh.
(ii) All the Financial Commissioners, Principal Secretaries and the Administrative Secretaries to Government of Punjab.
(iii) The Resident Commissioner, Punjab, Punjab Bhawan, Copernicus Marg, New Delhi.

                                      (Gurleet Kaur) Superintendent

No. 3/23/09-3FPPC/1361  Dated, Chandigarh, the 15th December, 2011.

A copy each is forwarded for information to:-
(i) The Secretary to Government of Himachal Pradesh, Department of Finance, Shimla.
(ii) The Finance Secretary, Chandigarh Administration, Chandigarh.

                                      (Gurleet Kaur) Superintendent

No. 3/23/09-3FPPC/1362  Dated, Chandigarh, the 15th December, 2011.

A copy is forwarded to all the District Treasury Officers /Treasury Officers in the State for information and necessary action.

                                      (Gurleet Kaur) Superintendent

INTERNAL DISTRIBUTION:
(i) Directorate of Financial Resources and Economic Intelligence.
(ii) All Branches in the Department of Finance.

Wednesday, March 21, 2012

GoI Request for Stay Not Granted


Request of GOI for "Stay" was "Not Granted" by Delhi High Court in the hearing on 19/3/2012 on the Appeal against CAT’s judgement in OA 655-2010 dated 1st November, 2011. Next hearing has been fixed on 4th May, 2012.

---Taken from RAILWAY SENIOR CITIZENS WELFARE SOCIETY

Stay:Not Granted  by Delhi High Court against CAT judgement in OA 655-2010 dated 1.11. 2011. Next hearing on 4th May, 2012.

---RREWA

Friday, March 16, 2012

Contempt Petition against non-implementation of Judgement of CAT, PB New Delhi, dated 01-11-2011


Contempt petition against non-implementation of judgment in OA 655-2010 dated 01-11-2011 relating to the correction fixation of pension of pre 2006 pensioners, was heard by the full bench of Principal Branch, CAT Delhi, on 14-3-2012. Govt Advocate requested for more time to reply. Considering the age profile of Petitioners and since no Stay Order had been issued by the High Court on the Appeal of the Government, and which had even not yet been Registered, the Tribunal posted to 21st March, 2012.

Wednesday, March 14, 2012

Another Judgement by C.A.T. Principal Bench, New Delhi


Another Judgement by Central Administrative Tribunal, PB, New Delhi in connection with pension to Pre-2006 Pensioners.

 


Central Administrative Tribunal Principal Bench, New Delhi

O.A.No.2087/2009

Wednesday, this the 29th day of February 2012

Hon’ble Shri Justice V.K. Bali, Chairman
Hon’ble Shri M.L. Chauhan, Member (J)
Hon’ble Dr. Veena Chhotray, Member (A)

Ranvir Singh
D-2/2209, DDA Flats, Vasant Kunj
New Delhi-31   .. Applicant
(Applicant in person)

Versus

1.   Union of India through the Secretary
Ministry of Communications, Sanchar Bhavan,                         20, Ashoka Road
      New Delhi-1

2.   Union of India through the Secretary
     Ministry of Finance, Govt. of India
     New Delhi-1

3.   Union of India
     Through the Secretary, Ministry of Personnel
     Department of Personnel & Public Grievances & Pension
     Department of Pension & Pensioner Welfare
     Lok Nayak Bhawan, New Delhi-3  .. Respondents
(By Advocate: Shri Ashish Nischal for Shri Rajender Nischal)

O R D E R (ORAL)

                   Justice V.K. Bali:

     The applicant has filed the present OA, thereby praying for the following reliefs:-

A.   Quash para 3.1 of F.No.38-37/08-P&PW(A) dated 2.9.2009-Annexure A-3; being ultra vires of the Constitution.

B.   Quash F.No.38/37/08-P&PW(A) dated 11.12.2008 Annexure A-4, to the extent that Applicants who have retired prior to 1.1.2006 shall be treated at par with pensioners who retired after 1.1.2006, as letter dated 11.12.2008 violates the equality clause under Article 14 of the Constitution of India.

C.   Quash Notification No.GSR 527 (E) dated 16.7.2009 Annexure A-5 to the extent that the grade pay of Rs.12,000/- which was being given before the issue of notification dated 16.7.2009 earlier shall not be withdrawn in fixing Applicants pension.

It is not in dispute that so far as the relief  B is concerned, the same is squarely covered by the decision of Full Bench of this Tribunal in Central Government SAG (S-29) Pensioners’ Association & another v. Union of India & another (OA-655/2010 with connected matters decided on 1.11.2011). Regarding other two reliefs, the matter be placed before the Division Bench to consider the same in accordance with law.

3.   Registry is accordingly directed to place this matter before the Division Bench.


( Dr. Veena Chhotray)                                               Member (A)                              

(M.L. Chauhan)                              
Member (J)

( V.K. Bali )                                                     Chairman



Clarificatory  Notes by M L Kanaujia, IRSSE, CCE, N.E. Railway (Rtd.)

1.  MOP(DOP)OM F.No.38-37/08-P&PW(A) dated 2.9.2009 Para 3.1: Save as otherwise mentioned in these orders, the revised provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1.1.2006. Separate orders have been issued in respect of employees who retired / died before 1.1.2006.

2.  MOP(DOP)OM F.No.38/37/08-P&PW(A) dated 11.12.2008 However, only those Government servants, who retired during 1.1.2006 to 1.9.2008 after completion of 33 years of qualifying service, will be eligible for full pension and the pension of those Government servants, who retired during 1.1.2006 to 1.9.2008 with qualifying service of less than 33 years, will continue to be proportionate to the full pension based on their actual qualifying service.


3.  MOP(DOP)OM F.No.38/37/08-P&PW(A) dated  10.12.2009 states : 2. This matter has been reconsidered by the Government. In partial modification of the instructions/order issued in this respect, it has now been decided that linkage of full pension with 33 years of qualifying service shall be dispensed with, with effect from 1.1.2006 instead of 2.9.2008. The revised provisions for calculation of pension in para 5.2 and 5.3 of the OM No.38/37/08- P&PW(A) dated 2.9.2008 shall come into force with effect from 1.1.2006 and shall be applicable to the Government servants retired/retiring after that date. Para 5.4 will further stand modified to that extent.

4.   Notification No.GSR 527 (E) dated 16.7.2009 states :  (ii)   The last row in the table PB-4 (Rs.37400_67000) which relates to grade pay of Rs. 12000 in Section II, Paart A of the First Schedule shall be delted).

5.   CAT-PB Judgment dated 1.11.11 in OA No. 0655/201 states : 9.Yet for another reason, pre-1.1.2006 and post-2006 retirees cannot be extended the same pensionary benefits inasmuch as the respondents on the basis of the recommendations of the VI CPC have issued two different Schemes for pre-2006 and post-2006 retirees.  As regards, post-2006 retirees respondents have issued OM dated 2.9.2008 (Annexure R-1) as to how the pension has to be computed.  As can be seen from this scheme, emoluments have to be computed on the basis of the revised pay structure and further as can be seen from paras 5.2 and 5.3 of the said OM qualifying service for the purpose of pension has been reckoned as 20 years as against 33 years, which was prevalent in respect of the employees who retired before 1.1.2006 and also that emoluments for the purpose of pensionary benefits have to be determined on the basis of 10 months average emoluments or emoluments last drawn by the employee before his retirement, whichever is more beneficial.  Applicants have not challenged the validity of the OM dated 2.9.2008.  As such, on these grounds pre-2006 retirees cannot claim benefit at par with post-2006 retirees, who are governed by the separate set of Scheme.)

Conclusion: Following conclusion is drawn from above  judgment when considered the details given in item 1 to 5 above.

A.  The prayer is for making applicable OM dated 2.9.2008 to pre 2006 retirees as well. The Order of CAT-PB Full Bench has referred it to Division Bench i.e. a lower bench to decide the issue.

B.  The prayer is for extending same benefit to those who retired after 1.1.2006. Order of CAT-PB Full Bench has directed the Govt. to examine and implement it if covered by the CAT-PB Judgment dated 1.11.11 in case of OA 655 of 2010 within three months.  This is now redundant and not required because of MOP, DOP OM dated 10.12.2009, which has already extended same benefits to those who retired after 1.1.2006.

C.  An s30 pre 2006 retiree has already been given an equivalent revised pay scale but prayer seeks that in addition, grade pay of 12000 should also be given, along with new revised pay scale. CAT-PB Full Bench has referred it to Division Bench i.e. a lower bench to decide the issue.


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