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 INSERTION OF CLAUSE 9(A) IN CONSOLIDATED RULINGS ON REGISTERED NEWSPAPERS ISSUED VIDE ORDER NO. 22-17/2008-PO DATED 5.5.2008

(CLICK THE LINK BELOW TO VIEW)

https://www.indiapost.gov.in/VAS/Pages/News/IP_27082021_Clause_9a.pdf

 

 

OPENING OF HOMOEOPATHIC UNIT IN CGHS WC, GURUGRAM UNDER CGHS DELHI AND NCR

(CLICK THE LINK BELOW TO VIEW)

https://cghs.gov.in/showfile.php?lid=6171

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REVISED RATES OF DEARNESS ALLOWANCE TO THE EMPLOYEES OF CENTRAL GOVERNMENT AND CENTRAL AUTONOMOUS BODIES CONTINUING TO DRAW THEIR PAY IN THE PRE-REVISED PAY SCALE/GRAD PAY AS PER 6TH CENTRAL PAY COMMISSION W.E.F. FROM 01.07.2021

(CLICK THE LINK BELOW TO VIEW)

https://doe.gov.in/sites/default/files/DA_%206th_CPC_072021_0.pdf

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REVISED RATES OF DEARNESS ALLOWANCE TO THE EMPLOYEES OF CENTRAL GOVERNMENT AND CENTRAL AUTONOMOUS BODIES CONTINUING TO DRAW THEIR PAY IN THE PRE-REVISED PAY SCALE/GRAD PAY AS PER 5TH CENTRAL PAY COMMISSION FROM 01.07.2021

(CLICK THE LINK BELOW TO VIEW)

https://doe.gov.in/sites/default/files/DA%20as%20per%205th%20CPC.pdf

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CONFEDERATION CIRCULAR DATED 24.08.2021

 INSERTION OF CLAUSE 9(A) IN CONSOLIDATED RULINGS ON REGISTERED NEWSPAPERS ISSUED VIDE ORDER NO. 22-17/2008-PO DATED 5.5.2008 

(CLICK THE LINK BELOW TO VIEW)

https://utilities.cept.gov.in//dop/pdfbind.ashx?id=5798

CONSOLIDATED INSTRUCTIONS ON COMPASSIONATE APPOINTMENT REPLACEMENT OF PARA 13 REGARDING (CLICK THE LINK BELOW TO VIEW)

https://dopt.gov.in/sites/default/files/4301992019EsttD23082021.PDF

 VERY SAD NEWS

COMRADE D B MOHANTI BEREAVED

 Very sad to hear the news of demise of Smt. Chanchla Mohanty, aged 85years respected mother of Com. D. B. Mohanty, General Secretary P-4 Union expired today on 23rd August 2021 after brief illness at her native place in Odisha. 

 We on behalf of Confederation, NFPE and P3CHQ, convey our heartfelt condolences to Com. Mohanty and his family

 May her soul rest in peace 

                      R. N. Parashar,

Secretary General NFPE, Confederation

           &  General Secretary P-3

 NON-FUNCTIONING DEPARTMENTAL / OFFICE COUNCILS

 

 

 WEBINAR ON BACKACHE, JOINT PAINS AND ROLE OF YOGA ON 24 AUGUST 2021

(CLICK THE LINK BELOW TO VIEW)

https://cghs.gov.in/showfile.php?lid=6176

 

Google Meet Link for Meeting of the National Secretariat of Confederation on 18.08.2021 at 11:00 AM 

Click below Link to Join Meeting at 10:45 on 18.08.2021

meet.google.com/quq-pdkd-zxx

 

 

REVISED INSTRUCTIONS RELATING TO SENIORITY OF DIRECT RECRUITS AND PROMOTEES AND INTER-SE SENIORITY THEREOF: DOPT OM DATED 13.08.2021

(CLICK THE LINK BELOW TO VIEW)

https://dopt.gov.in/sites/default/files/2001122019EsttD13082021.pdf

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No. 20011/2/2019-Estt. (D)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 13th August, 2021.

OFFICE MEMORANDUM

 

Subject: Judgement of the Hon’ble Supreme Court of India in Civil Appeal No. 8833-8835 of 2019 of K. Meghachandra Singh & Ors. Vs Ningam Siro & Ors – revised instructions relating to seniority of direct recruits and promotees and inter-se seniority thereof — reg

The undersigned is directed to say that the fundamental principles of determining inter se seniority of direct recruits and promotees in Central Civil Services/posts were laid down in the Department of Personnel & Training (DOPT) O.M. No. 9/11/55-RPS dated 29.12.1959. which inter alia provided that. the infer se seniority of direct recruits and promotees shall be determined according to the rotation of vacancies between direct recruits and promotees, which shall be based on the quotas of vacancies. provided in the Recruitment Rules for direct recruitment and promotion respectively.

2.         The carry forward of unfilled slots of a vacancy year. to be filled up by direct recruits of later years, was dispensed with through modified instructions contained in DoPT O.M. No. 35014/2/80- Estt.(D) dated 7.2.1986 which provides that rotation of quotas for purpose of determining seniority would take place only to the extent of available direct recruits and the promotees. The unfilled direct recruitment/promotion quota vacancies would be carried forward and added to the corresponding direct recruitment/promotion quota vacancies of the next year (and to subsequent years where necessary) for determining the total number of direct recruitment or promotion vacancies to filled up as per usual practice. For determining inter-se seniority between direct recruits and promotees, it would be done as per rotation of quota to the extent of number of vacancies for direct recruits and promotees, as determined according to the quota for that year and the additional direct recruits/promotees selected against the carried forward vacancies of the previous year, to be placed en-bloc below the last promotee/direct recruit as the case may be, in the seniority list. All the existing Instructions on seniority were consolidated by DoPT through a single O.M. No. 22011/7/86-Estt(D) dated 03.07.1986.

3.         Subsequently. vide O.M. No. 20011/1/2006-Estt.(D) dated 3.3.2008. the term ‘available’ as provided in OMs dated 7.2.1986/3.7.1986 was sought to be clarified, wherein it was clarified that the actual year of appointment, both in the case of direct recruits and promotees, would be reckoned as the year of availability for the purpose of rotation and fixation of inter se seniority. This was however, challenged before the Hon’ble Supreme Court of India in Civil Appeal No. 7514-7515/2005 in the case of N.R. Parmar v/s Union of India & Others. In its judgement dated 27.11.2012 in the said case. the Hon’ble Apex Court held that the available direct recruits and promotees, for assignment of inter se seniority. would refer to the direct recruits and promotees who are appointed against the vacancies of a particular recruitment year. where the recruitment year shall be the year in which the recruitment process for either of the modes of recruitment (direct recruitment or promotion) for a particular vacancy year is initiated viz. initiation of recruitment process against a vacancy year would mean the date of sending of requisition for filling up of vacancies to the recruiting agency in the case of direct recruits or the date on which a proposal, complete in all respects, is sent to UPSC/Chairman-DPC for convening of DPC to fill up vacancies earmarked for promotion.

4.         The law laid down in the N.R. Parmar case relating to determination of inter se seniority between direct recruits and promotees in a grade/post was reviewed by the Hon’ble Supreme Court of India in Civil Appeal No. 8833-8835 of 2019 [arising out of SLP(C) Nos.19565-19567 of 2019] in the matter of K. Meghachandra Singh & Ors. V/s Ningam Siro & Ors. In its Order dated 19.11.2019 in CA No. 8833-35/2019 of K. Meghachandra Singh & Ors. Vs Ningam Sire & Ors, the Hon‘ble Supreme Court of India has overruled the decision of the Court in NR Parmar case.

5.         In para 40 of the Order dated 19.11.2019, the Hon’ble Court inter-alia held that “the law on the issue is correctly declared in J.C. Patnaik (Supra). Consequently, we disapprove the norms on assessment of inter-se seniority, suggested in N. R. Parmar (Supra). Accordingly, the decision in NR. Parmar is overruled. However, it is made clear that this decision will not affect the inter-se seniority already based on N.R. Parmar and the same is protected. This decision will apply prospectively except where seniority is to be fixed under the relevant Rules from the date of vacancy/the date of advertisement.” Further, in para 38, the Hon’ble Court had held as under:

“38. When we carefully read the judgment in N. R. Parmar (Supra), it appears to us that the referred OMs (dated 07.02.1986 and 03.07.1986) were not properly construed in the judgment. Contrary to the eventual finding, the said two OMs had made it clear that seniority of the direct recruits be declared only from the date of appointment and not from the date of initiation of recruitment process. But surprisingly, the judgment while referring to the illustration given in the OM in fact overlooks the effect of the said illustration. According to us, the illustration extracted in the N.R. Parmar (Supra) itself, makes it clear that the vacancies which were intended for direct recruitment in a particular year (1986) which were filled in the next year (1987) could be taken into consideration only in the subsequent year’s seniority list but not in the seniority list of 1986. In fact, this was indicated in the two OMs dated 07.02.1986 and 03.07.1986 and that is why the Government issued the subsequent OM on 03.03.2008 by way of clarification of the two earlier OMs.”

6.         The determination of infer se seniority of direct recruits and promotees, as laid down by the Hon’ble Supreme Court of India, in its Order dated 19.11.2019 in K. Meghachandra Singh case. has been carefully examined in consultation with the Department of Legal Affairs, and the following principles have emerged:-

(i) The rotation of quota, based on the percentage of vacancies allocated to direct recruitment and promotion in the notified recruitment rules/service rules, shall continue to operate for determining vacancies to be filled by the respective quotas in a recruitment year. The term ‘recruitment year’ shall mean the year in which the vacancy arises. However, infer se seniority between direct recruits and promotees, who are appointed against the vacancies of respective quota, would be reckoned with reference to the year in which they are appointed i.e. year in which they are borne in the cadre or formal appointment order is issued.

(ii) The terms ‘recruitment’ and appointment’ have to be read harmoniously and the determination of seniority for recruitees would depend on their actual appointment and not the initiation of recruitment process itself. [t thus follows that the seniority of direct recruits and promotees henceforth stands delinked from the vacancy/year of vacancy.

(iii) The source of legitimacy of determination of seniority would be with reference to the date of joining of a person against a vacancy. irrespective of the fact that it may have arisen in the previous year(s) and not being a carried forward vacancy of any quota.

(iv) If adequate number of direct recruits (or promotees) do not become available, “rotation of quotas” for the purpose of determining seniority. would stop after the available direct recruits and promotees are assigned their slots on joining in a particular year.

(v) The term ‘available’. both in the case of direct recruits as well as promotees, for the purpose of rotation and fixation of seniority. shall be the actual year of appointment after declaration of results/selection and completion of pre-appointment formalities as prescribed.

(vi) Thus, appointees who join in the concerned recruitment year and those who join in subsequent year(s), would figure in the seniority list of the respective years of their being appointed. To that extent it may not be necessary to go into the question of quota meant for direct recruits and promotees to find out as to the year in which the vacancy arose against which the recruitment is made.

7.         Based on the above, it has been decided to modify the instructions relating to determination of inter se seniority between promotees and direct recruits as under:

(i)        DoPT’s O.M. No. 20011/1/2012-Estt.(D) dated 4.3.2014. issued in pursuance of Order dated 27.11.2012 in N.R. Parmar case, 1s treated as non-est/withdrawn w.e.f. 19.11.2019.

(ii) As the Order dated 19.11.2019 is prospective. cases of infer se seniority of direct recruits and promotees, already decided in terms of O.M. No. 2001 1/1/2012-Estt.(D) dated 4.3.2014, shall not be disturbed. 1.e. old cases are not to be reopened.

(iii) In case of direct recruits and promotees appointed/joined during the period between 27.11.2012 and 18.11.2019 and in which case infer se seniority could not be finalised by 18.11.2019, shall also be governed by the provisions of O.Ms. dated 7.2.1986/3.7.1986 read with OM dated 4.3.2014, unless where a different formulation/manner of determination of seniority has been decided by any Tribunal or Court.

(iv) For cases where the recruitment process has been initiated by the administrative Department/Cadre Authority before 19.11.2019 and where some appointments have been made before 19.11.2019 and remaining on or after 19.11.2019, the inter se seniority of direct recruits and promotees. shall also be governed by the provisions of O.Ms. dated 7.2.1986/3.7.1986 read with OM dated 4.3.2014 to ensure equal treatment of such appointees.

(v) For recruitments initiated on or after 19.11.2019 as well as for future recruitments, in addition to cases where the recruitment process has been initiated by the administrative Department/ Cadre Authority before 19.11.2019, but where all appointments, subsequent to the initiation of recruitment process, could be made only on or after 19.11.2019 i.e. date of order of Apex Court, the inter se seniority of direct recruits and promotes shall be determined in the following manner-

(a) The rotation of quota based on the percentage of vacancies allocated to direct recruitment and promotion in the notified recruitment rules/service rules, shall continue to operate for determination of vacancies to be filled by the respective quotas in a recruitment year.

(b) Determination of inter-se seniority between direct recruits and promotees, who are appointed against the vacancies of respective quota. would, however, be reckoned with reference to the year in which they are appointed i.e. year in which they are borne in the cadre or formal appointment order is issued. In case. where the recruitment year is the same as the year of appointment, the appointees shall be given seniority of that year.

(c) Where in case of promotees or direct recruits, the year of appointment is the next year or any year subsequent to the recruitment year, the seniority of such promotees and direct recruits would be determined with reference to the year of their actual joining/appointment to the post, since they were not able to join in the said recruitment year in which the vacancy arose. Thus, they would get seniority of the year in which they actually join i.e. year in which formal appointment order is issued or they are borne in the service/cadre and that they shall not get seniority of any earlier year (viz. year of Vacancy/panel or year in which recruitment process Is initiated).

(d) In terms of OMs dated 7.2.1986/3.7.1986, rotation between promotees and direct recruits for the purpose of determination of inter-se seniority. would be undertaken only to the extent of available direct recruits and promotees in a particular year. The term ‘available direct recruits or promotees’ appearing in these OMs dated 7.2.1986/3.7.1986, for the purpose of rotation of quota in fixation of inter-se seniority, shall mean the actual number of direct recruits and promotees appointed during the year after declaration of results/selection and completion of pre-appointment formalities as prescribed.

(e) As per (d) above. if adequate number of direct recruits (or promotees) do not become available in a particular year, the “rotation of quotas” for the purpose of determining inter-se seniority, would stop after the available direct recruits and promotes are assigned their slots on their appointment/joining in that year.

(f) If no direct recruit is available in a particular year, available promotees would be bunched together in accordance with their position in the panel approved for promotion. Similarly, if no promotee is available in that year, available direct recruits would be bunched together, as per their position obtained in the selection process.

(g) In case, where direct recruits or promotees, as the case may be, belonging to two more selections/panel approved for promotion, join in the same year, then those who have been appointed/joined as a result of earlier selection/panel would be placed senior in the seniority list to those been appointed/joined as a result of a subsequent selection/panel.

(h) Instructions contained in OMs dated 7.2.1986 and 3.7.1986, stand modified to the extent indicated in above paragraphs.

8.         These provisions shall come into effect from 19.11.2019 onwards.

9.         All Ministries/Departments are requested to bring these instructions to the notice of all concerned.

(Pradeep Kumar)
Under Secretary to the Govt of India

 

 

 REIMBURSEMENT OF COST OF OPD MEDICINES – SPECIAL SANCTION TILL 31ST OCTOBER, 2021: CGHS OM 10-08-2021

 GUIDELINES FOR TIMELY AND QUALITATIVE DISPOSAL OF PENSIONERS' GRIEVANCES-REG

 (CLICK THE LINK BELOW TO VIEW)

https://documents.doptcirculars.nic.in/D3/D03ppw/17_3_2021_PPW_E_7179J4w0w.pdf

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CONTINUATION OF ONGOING SCHEME- PENSIONERS PORTAL BEYOND 31ST MARCH, 2021 FOR NEXT FIVE YEARS UPTO 31ST MARCH, 2026

(CLICK THE LINK BELOW TO VIEW)

https://documents.doptcirculars.nic.in/D3/D03ppw/20_1_2020_PPW_H_6884_120820212QWux.pdf

 CHANGE IN THE DATE OF HOLIDAY ON ACCOUNT OF MUHARRAM

 DISBURSEMENT OF SALARY/WAGES/PENSION TO THE CENTRAL GOVERNMENT EMPLOYEES/PENSIONERS IN THE STATE OF KERALA FOR THE MONTH OF AUGUST-2021 ON ACCOUNT OF ONAM FESTIVAL AND IN STATE OF MAHARASHTRA FOR THE MONTH OF SEPTEMBER-2021 ON ACCOUNT OF GANAPATI FESTIVAL-REGARDING

 PRESS NEWS

 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS

UNION MINISTER DR. JITENDRA SINGH SAYS, DIVYANG CHILDREN OF A DECEASED GOVERNMENT SERVANT/PENSIONER WILL GET MAJOR HIKE IN THE FAMILY PENSION EMOLUMENTS
SAYS, INSTRUCTIONS TO THIS EFFECT HAVE BEEN ISSUED BY THE DEPARTMENT OF PENSIONS AND PENSIONERS’ WELFARE.

Posted On: 08 AUG 2021 5:40PM by PIB Delhi

 

Union Minister of State (Independent Charge) Science & Technology, Minister of State (Independent Charge) Earth Sciences, MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said here today that the Divyang children of a deceased government servant/pensioner will get major hike in the Family Pension emoluments and that the instructions to this effect have been issued by the Department of Pensions and Pensioners’ Welfare.

Briefing about this landmark decision, Dr Jitendra Singh said, it is in keeping with Prime Minister Narendra Modi's special emphasis on the dignity and care of such children. He said, this decision seeks ease of living and better economic conditions for the Divyang or disabled survivors, who require greater medical care and financial assistance.

The Minister further informed that instructions have been issued to liberalise the income criteria for eligibility of a child/sibling of a deceased government servant/pensioner for grant of Family Pension under CCS(Pension) Rules 1972. The Government is of the view that the income criteria for eligibility for family pension, applicable in the case of other family members, may not be applied in the case of a child/sibling suffering from a disability, he said.

Accordingly, said Dr Jitendra Singh, the Government has reviewed the income criteria for eligibility for family pension in respect of a child/sibling, suffering from a disability and has decided that the income criteria for eligibility for family pension to such children/siblings shall commensurate with the amount of the entitled family pension in their case.

The Department of Pensions & Pensioners' Welfare, said the Minister, has issued instructions/orders that a child/sibling of a deceased Government servant/pensioner, who is suffering from a mental or physical disability, shall be eligible for family pension for life, if his/her overall income, other than family pension, is less than the entitled family pension at ordinary rate i.e. 30% of the last pay drawn by the deceased Government servant/pensioner plus the Dearness Relief admissible thereon.

As per Rule 54(6) of the CCS (Pension) Rules, 1972, a child/sibling of a deceased Government servant or pensioner, suffering from a mental or physical disability, is eligible for family pension for life if he or she is suffering a disability which renders him unable to earn his livelihood. Presently, a member of the family, including a child/sibling suffering from a disability, is deemed to be earning his livelihood, if his/her income from sources other than family pension, is equal to or more than the minimum family pension i.e. 9000/- and the Dearness Relief admissible thereon.

In the case of a child/sibling, suffering from a mental or physical disability, who is presently not in receipt of a family pension due to non-fulfilment of the earlier income criteria, family pension shall be granted to him/her, if he/she fulfils the new income criteria and also fulfilled the other conditions for grant of family pension at the time of death of Government servant or pensioner or previous family pensioner. The financial benefits, in such cases, shall, however, accrue prospectively and no arrears for the period from the date of death of Government servant/ pensioner/previous family pensioner shall be admissible.

SNC/TM/RR (Release ID: 1743825) 

कार्मिक, लोक शिकायत एवं पेंशन मंत्रालय

केंद्रीय मंत्री डॉ. जितेंद्र सिंह ने कहा, मृतक सरकारी कर्मचारी/पेंशनभोगी के दिव्यांग बच्चों को पारिवारिक पेंशन परिलाभों में बड़ी बढ़ोतरी मिलेगी
डॉ. जितेंद्र सिंह ने कहा, इस संबंध में पेंशन एवं पेंशनभोगी कल्याण विभाग द्वारा निर्देश जारी कर दिए गए हैं

Posted On: 08 AUG 2021 5:40PM by PIB Delhi

केंद्रीय विज्ञान एवं प्रौद्योगिकी राज्य मंत्री (स्वतंत्र प्रभार), पृथ्वी विज्ञान राज्य मंत्री (स्वतंत्र प्रभार), प्रधानमंत्री कार्यालय, कार्मिक, लोक शिकायत, पेंशन, परमाणु ऊर्जा और अंतरिक्ष राज्य मंत्री डॉ. जितेंद्र सिंह ने आज यहां कहा कि किसी मृत सरकारी कर्मचारी/पेंशनभोगी के दिव्यांग बच्चों को पारिवारिक पेंशन परिलाभों में बड़ी वृद्धि मिलेगी और इस संबंध में पेंशन एवं पेंशनभोगी कल्याण विभाग द्वारा निर्देश जारी कर दिए गए हैं।

इस ऐतिहासिक फैसले के बारे में जानकारी देते हुए डॉ. जितेंद्र सिंह ने कहा, यह प्रधानमंत्री श्री नरेन्द्र मोदी द्वारा ऐसे बच्चों की गरिमा और देखभाल पर विशेष जोर देने के अनुरूप है। उन्होंने कहा कि इस फैसले का उद्देश्य उन दिव्यांगों के लिए जीने में आसानी और बेहतर आर्थिक दशाओं का निर्माण करना है, जिन्हें अधिक चिकित्सा देखभाल एवं वित्तीय सहायता की जरूरत होती है।

  डॉ. जितेंद्र सिंह ने साथ ही बताया कि केंद्रीय सिविल सेवा (पेंशन) नियम 1972 के तहत परिवार पेंशन के लिए किसी मृत सरकारी कर्मचारी या पेंशनभोगी के बच्चे/भाई-बहन की पात्रता के लिए आय मानदंड को उदार बनाने के निर्देश जारी किए गए हैं। उन्होंने कहा कि सरकार का विचार है कि परिवार के अन्य सदस्यों के मामले में लागू होने वाली परिवार पेंशन संबंधी पात्रता के मानदंड शारीरिक रूप से अशक्त बच्चे/भाई-बहन के मामले में उसी तरह लागू नहीं किए जा सकते।

डॉ. जितेंद्र सिंह ने कहा कि इसे ध्यान में रखते हुए सरकार ने दिव्यांग बच्चों/भाई-बहन के संबंध में परिवार पेंशन की पात्रता के लिए आय से जुड़े मानदंड की समीक्षा की है और यह फैसला किया है कि ऐसे बच्चों/भाई-बहनों के परिवार पेंशन की पात्रता के लिए आय से जुडा मानदंड, उनके मामले में परिवार पेंशन की पात्र राशि के अनुरूप होगा।

डॉ. जितेंद्र सिंह ने कहा कि पेंशन और पेंशनभोगी कल्याण विभाग ने निर्देश/आदेश जारी किए हैं कि किसी मृत सरकारी कर्मचारी/ पेंशनभोगी का मानसिक या शारीरिक रूप से अशक्त बच्चा/ भाई-बहन जीवन भर परिवार पेंशन के लिए पात्र होगा/होगी, अगर उसकी कुल आय, परिवार पेंशन के अलावा, सामान्य दर पर पात्र परिवार पेंशन से कम है यानी मृत सरकारी कर्मचारी/पेंशनभोगी द्वारा उठाए गए अंतिम वेतन के 30 प्रतिशत हिस्से और उस पर स्वीकृत मंहगाई राहत भत्ते के बराबर या उससे कम है।

केंद्रीय सिविल सेवा (पेंशन) नियम, 1972 के नियम 54(6) के अनुसार, मृत सरकारी कर्मचारी या पेंशनभोगी का मानसिक या शारीरिक रूप से अशक्त बच्चा/भाई-बहन आजीवन पारिवारिक पेंशन के लिए पात्र है, अगर वह किसी ऐसी शारीरिक अशक्तता से पीड़ित है जिसकी वजह से वह अपनी आजाविका नहीं कमा सकता/सकती। इस समय परिवार का कोई सदस्य, जिसमें शारीरिक रूप से अशक्त बच्चे/भाई-बहन शामिल हैं, को उस स्थिति में अपनी आजीविका कमाने वाला माना जाता है, जब परिवार पेंशन के अलावा अन्य स्रोतों से उसकी आय न्यूनतम परिवार पेंशन यानी 9,000 रुपये और उस पर स्वीकृत मंहगाई राहत भत्ते के बराबर या उससे ज्यादा है।

वह मामला जिसमें मानसिक या शारीरिक रूप से अशक्त बच्चे/भाई-बहन जो वर्तमान में आय के पूर्व मानदंड को पूरा न करने के कारण पारिवारिक पेंशन प्राप्त नहीं कर रहा है, उसे परिवार पेंशन दी जाएगी, अगर वह आय के नये मानदंड को पूरा करता/करती है तथा सरकारी कर्मचारी या पेंशनभोगी या पिछले परिवार पेंशनभोगी की मृत्यु के समय परिवार पेंशन के लिए अन्य शर्तों को भी पूरा करता/करती है। हालांकि, ऐसे मामलों में वित्तीय लाभ, भावी रूप से अर्जित होंगे और सरकारी कर्मचारी/पेंशनभोगी/पिछले परिवार पेंशनभोगी की मृत्यु की तारीख की अवधि से किसी बकाये का भुगतान नहीं किया जाएगा।     एमजी/एएम/पीके/डीवी (Release ID: 1743864)

NOTIONAL INCREMENT FOR PENSIONERS

RAJYA SABHA UNSTARRED QUESTION NO. 2045

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)

RAJYA SABHA
UNSTARRED QUESTION NO. 2045
(TO BE ANSWERED ON 05.08.2021)

NOTIONAL INCREMENT FOR PENSIONERS 

2045 DR. C.M. RAMESH:

Will the PRIME MINISTER be pleased to state:

(a) whether Central Administrative Tribunal (CAT), Allahabad Branch, Allahabad, by its order dated 26/02/2021 stated that whoever retired from Government Service on 30th June in different years are eligible for notional increment and matters are always judged ‘in rem’ and cannot be interpreted as ‘personam in nature,’ the details thereof; and(b) by when DoPT is going to issue necessary orders for these pensioners as above and also in light of Supreme Court judgement on same issue vide its Order dated 23/07/2018 and Review Petition No. 1731/2019 vide its Order dated 08/08/2019, the details thereof and if not, reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE

(DR. JITENDRA SINGH)

(a): CAT, Allahabad Bench in its Order dated 26.2.2021 in O.A. No.330/00146/2020 has, interalia, observed that the matters relating to pay fixation are governed by uniform policy of the Government and therefore any judgment in these matters are always in remand cannot be interpreted as judgment in personam.

Department of Revenue, Respondent No. 1, has informed that the Order dated 26.2.2021 in O.A. No.330/00146/2020 has been challenged vide Writ Petition WRIA 7911/2021 before Allahabad High Court, Allahabad.

(b): Several judgments/orders on the matter of grant of notional increment to those Central Government servants who have retired on 30th June/31st December, have been pronounced by Courts/CATs. The order dated 23.07.2018 and dated 08.08.2019 of the Supreme Court relating to the judgement dated 15.09.2017 of High Court of Madras in W.P. No.15732 of 2017 in case of P. Ayyamperumal was considered as ‘in personam’ and not ‘in rem’.

On the other hand, in a similar case on the same subject matter, vide judgement dated 29.03.2019, while dismissing the SLP(C) Dy. No.6468/2019 in the case of UoI vs. Sakha Ram Tripathi, the Supreme Court has kept the questions of law open.

Further, in the matter of Ministry of Railways wherein CAT, Bengaluru Bench have allowed grant of notional annual increment to an employee who superannuated from service on 30.06.2014, the Supreme Court, in SLP(C) No.4722/2021, vide order dated 05.04.2021, has stayed operation of the said Order dated 18.12.2019