Minutes

DRAFT MINUTES ON MEETING WITH AS(P) HELD ON 11.12.2007

 

            The following issues concerning Pensioners were discussed on 11.12.2007 with the Director Department of Pension. The gist of these discussions is given against each item:-

 

I.          Exgratia payment to SRPF retirees who retired voluntary or on medical invalidation .

            The department of Expenditure has advised that the matter may be referred to VI

             CPC .The   Staff Side pointed out that  there is decision of CAT  which had been sent  toDeptt. of Pension and JS(Per) as per decision in the last meeting and wanted to know whether the side decision was  considered. The official side agreed to reconsider thematter.

                        This issue of grant of exgratia to widow of SRPF retirees sanctioned after VI CPC has not been sanctioned widows whose husband had voluntary retired or were Medically invalidated. The   Director said that it would be looked into.

 

II.        Commutation of Pension to those who are facing disciplinary proceedings under rule 9 of CCS(Pension) Rules.

Rule 4 of CCS (Commutation of Pension)Rules,81 provides that am retired employee against whom proceedings under Rule 9 of the pension rule is pending shall not be eligible to commute 40% of Pension. Present provision is too harsh because is these proceedings are decided to say after long time, and then communication is allowed, its restoration is also deferred beyond an age by which the pensioner may not even survive. The Staff Side proposed that this provision may be amended and such employee made eligible to commute 40% of provisional pension. In case a penalty of cut in pension is imposed, the commuted value to the extent of cut may be adjusted in lumpsum from the with held amount of DCRG. After discussion the official side indicated that a revised proposal would be finalized in a months time which could then be discussed.  

 

III        Family pension to family of kidnapped Govt. servant.

The Staff Side proposed that family pension may be granted after obtaining am indemnity bound for refund/adjustment if the kidnapped Govt. servant is bough back and joins service. If this is not done the family is left without any means to live. Once am FIR has been filed and the police fails to trace him, family pension may be granted  by the head of the Deptt. instead of referring each case to Deptt. of pension/Deptt.of Expenditure. The Staff Side agreed to consider the above subject.

 

IV.       Anomaly in Revision of Pension

There are Govt. employees who are drawing higher amount of pension but in lower prerevised    pay scales than others who are in higher prerevised scales but were drawing lower pension as on 1.1.96

            In respect of pre 1996 retirees it was provided that pension fixed as per the fitment formula will be hiked to 50% of the revised pay scales. Obviously the pension of am employee who was fixed at lower pension starts getting higher pension being 50% of revised pay scales    where as the other employee getting higher pension in lower pay scale    start getting 50% of  the revised (lower) pay scale which is lower than the former.

 

V         Extension of benefit of upgraded pay scales in organized Accounts & Audit cadres to pre 1986 retirees

                        All pre 1986 retires have fist been fixed notionally in the revised pay scales as on 1.1.86 their notional pension determined on the  basis said notional pay has been revised according to the fitment formula as on 1.1.96. Thereafter the pay scales of Accounts and Audit cadres have been upgraded with effect from 1.196 and post 1996 retirees have been granted the revised pension on the basis of their notional pay was therefore demanded by the staff Side that pre 1996 retirees including pre 1986 retirees of the Account & audit cadres may also be extended the benit of upgraded pay notionally including hiking their revised pension to 50% of minimum of the revised pay scales.

            The official Side cited O.M.No 38/36.03 P&PW(P)Pt. dated 5.9.2007 according to which the benefit has been withdrawn to pensioners who retired during the period from 1.1.96 to 18.2.2003 in pursuance of Supreme Court judgment dated 23.11.2006 in Sh. K.S Krishna Murthy & others Vs. UOI in CA No.3174/2006.

                        The staff side pointed   out that the said judgment had only upheld that the revision of pay on 1.1.96 would be in the corresponding revised pay scale and not the upgraded pay scale of the post. Hence this judgment was not to be made applicable to Accounts &  aUDIT  cadres   whose corresponding pay scale was revised and   upgraded notionally from 1.1.96 and actually from 19.2.2003.

                        Further Staff side also pointed out provisions of Rule 70 of CCS(Pension) Rules according to which the pension already fixed on the basis of notional pay in upgraded pay scales of the Account & audit cadres in respect of retires between 1.1.96 to 18.2.2003.

                        The Staff Side requested that the issue raised by them may be reconsidered in the light of the aforementioned submissions.

 

VI.       New Pension Scheme .          

Since this matter is still being discussed in the Standing Committee and the Department of Economic Affairs have given certain clarifications, it was not discussed.

 

 

VII.     Raising quantum of Exgratia to SRPF retirees .

The Staff Side pointed out that revised orders raising quantum of Exgratia to SRPF retirees have been issued only by Railway Ministry, similar order may also issued by the Department of Pension in respect of CPF retirees of other Establishment. The Official Side indicated that the matter is under consideration.

 

VIII     Payment of DCRG to pre 1986 retirees taking D.A. into Account

Supreme Court have decided the matter in favour of the Government. Copy of orders issued by the Department of Pension shall be furnished to the staff Side.

 

IX        Grant family pension to Smt. N . Lalitha, W/o G. Natarajan of ordnance Factory   , Avadi

The Official Side stated that at the time Shri. Natarajan had been absorbed in the Ordnance Factory, Avadi ( a Corporation) he was not confirmed and as per extant rules no prorate pension was admissible to him or his wife. The Staff Side pointed out that Shri. Natarajan was Quasi permanent when he was absorbed and therefore   carried all attributes of permanency. This case should be considered. The Official Side agreed to look into.

 

X         Grant of 50% minimum pension of revised pay scale of the post .

The Official Side gave the order of the Supreme Court as also copy of the order issued by the Deptt. of Pension. The iten was closed.

 

XI        Revision of family pension in respect of spouses of persons retired on compulsory retirement .

Clarificatory  order issued on 25.3.2004 (F.No.45/86/97 P&PW(A) pt. V)

            Was furnished to Staff Side. The matter was closed.

 

XII      Recovery of Fixed Medical Allowance from Telecom  retirees of Raipur.

The telecom retirees of Raipur were granted fixed Medical allowance of Rs.100 / p.m. for 29 months after obtaining from them option ect.  Lateron it was decided that they should get their treatment in the postal dispensary after paying the contribution of Rs,2900/-paid to them was also recovered from them. This was illegal recovery on because of the department sanctioned this allowance to them and during that period they had not obtained any OPD treatment from postal Dispensary.

                        The Official Side agreed to refer this case ( Staff Side letter dated 25.8,2003) to the Deptt. of Telecommunications.

 

XIII.    Anomaly in the Pension of BSNL employees who retired during the period 1.10.2000 to 31.8.2001.

The Staff Side had suggested that the anomaly in question should be removed in the same way as was done in the case of Govt. employees retiring during the period 1.1.96 to 30.9.96. The Department of Telecommunication had already furnished two cases of anomaly to Deptt. of pension through the file No.40-3/2004(Pen -B) and as such this matter was pending with Deptt. of pension(Staff Side  letter dated …    ) again to Deptt. of Telecommunications.

 

XIV. Inclusion of    Non Practicing Allowance in emoluments of Railway Medical Officers for revising their pension w.e.f.1.1.96.

                        The Official Side pointed out that Supreme Court in another case of Defence Doctors have upheld the order not to allow NPA in their emoluments for purpose of fixing revised pension w.e.f.1.1.96.

                        The Staff side pointed out that in earlier case filed by Railway Medical Officers (Retd) the above order was set aside. A Railway Doctor who had intervened in this case was allowed the benefit of judgment of Delhi High Court and their for this benefit may also extended to Railway Doctors of Jaipur who had who had also intervened in this case. The Official Side stated that there was no record to show that they had intervened.

                        The Staff Side stated  that the necessary documents showing that the Railway Doctors of Jaipur had intervened would be furnished. The Official Side agreed to reconsider the matter in the light of the record and keeping in view the latest judgement of the Supreme Court.

 

XV.      Representation to NCC P on SCOVA.

                        Request was made on 29.5.2002 by the Staff Side, Secretary/Chairman NCCP that its representation may also be nominated on SCOVA as they represent pensioners at National level through its State Coordination Committees. Shri R.K. Chandra the then Additional Secretary (Pension) in his D.O. letter No. 41/5/2002-P&PW(G) dated 14.6.2002 that this proposal would be considered in 2003 when SCOVA were not in favour of expanding SCOVA.

                        The Staff Side pointed out that the manner in which SCOVA is constituted is quite defective as it did not take into account the representative character of the Pensioners Organizations.

                        The Official Side stated that they have now with them the membership strength of various pensioners organizations and hey would nominate SCOVA member keeping in view their membership strength. They agreed to 9 nominate NCCP representatives when new SCOVA constituted after 31.3.2008.

                        The Staff Side also pointed out that no meeting of SCOVA constituted in October,2001 and again in 2003/2005 ect. including the extend terms up to 31.3.2008 had at all been held. The Official Side assured that meeting of SCOVA would be soon held.

 

XVI     Fixed Medical Allowance to Pensioners of Coffee Board .

                        The Official Side informed that this matter is subjudice  and therefore decision will be taken only after the issue decided by the court.

 

XVII.   Fresh option for pension to Non-Statutory canteen employees .

                        The matter is still in the Courts. Hence the decision by the Court would be awaited.

XVIII. Action Taken Statements.

                        The Staff Side pointed out that Action taken statement have not been circulated in respect of minutes of any of the previous meeting with the result that further decision on the issues disused in those meeting have not been held. In the previous meeting a statement showing the date of meeting, letter forwarding minutes of meeting was furnished in respect of which Action taken Statement in respect of   these meeting.

                        Even for the last meeting held on 22.11.2006 no Action taken Statement has been furnished though issue have been discussed again in the basis of verbal intimation of the status given in the meeting

                        The official side agreed  to hold next meeting within next three moths after circulating the action Taken Statement in respect of previous  and this meeting.

XIX     Supply of copies of orders on pension to Staff Side members

                        The Official Side reiterated that now they would furnish  copies of all orders issued by Deptt. to all Staff Side members of National council as also to Secretary, .Staff Side National council.

 

XX       Response letters from Staff Side Members .

                        The Staff side pointed out that no reply is given to letters sent by them and therefore in every meeting  these letters have to be discussed. In most cases it is reported that the letters sent by them are missing. In several cases photo copies of those letters are again furnished.

                        The official Side indicated that the letters sent by Staff side would be Promptly responded to in future and future discussion thereon may take place in next meeting.