CHQ NEWS
11-5-2015 3 PM
78.2% IDA CASE
11-5-2015
NEW LITIGATION POLICY IN THE ANVIL?
Immediate queries and doubts.
Immediate queries and doubts.
[Click here to view the file....]
10-5-2015
FULL PENSION ON 20 YEARS
TO OLD PENSIONERS ALSO
8-5-15 THROUGH HIS 2nd SON AT CHENNAI. WE WISH ALL THE BEST TO THE
ENTIRE FAMILY.
NEXT BSNL PENSION REVISION
11-5-2015 3 PM
78.2% IDA CASE
Com. R C Malhotra, Circle President, NTR Circle New Delhi reports:
"Today afternoon I and Com. D P S Sisodia, Circle Secretary,
met Smt. Annie Moraes, Member (Finance) and enquired about the present position of the case.
She informed that she would forward the File to Member(Services)
probably today evening itself."
.............................................
NEW LITIGATION POLICY IN THE ANVIL?
There are more than 68000 cases pending in Supreme Court alone.
And then thousands or lakhs in other Courts...
In 70 percent of these cases, Government is a party: Either by the Govt. or against the Govt.
The new Government is proposing to bring a new Litigation Policy to reduce the number of
Court caees, where various departments are involved.
See the PTI report
[Click here to view the file....]
11-5-2015
FULL PENSION ON 20 YEARS' SERVICEImmediate queries and doubts.
Yesterday evening only we uploaded in this Website the news about the landmark judgement
delivered by principal bench of CAT, New Delhi allowing full pension to those central govt
employees retired before 1-1-2006, with 20 years qualifying service.
Some newspapers also have published the news item on it.
I am surprised to receive more than 10-12 calls from different parts of the country
in the night itself, raising doubts and asking clarifications on the judgement.
Hence, this posting.
1. It is too early or premature to discuss the matter.
As we have seen in the case of fixing minimum pension,
the bureaucrats may file appeals in the case.
Benefits will be given only when the Government issues an order,
not merely on the basis of a Court judgement.
2. In the instant case, the issue is very simple.
Before the sixth Pay Commission Report was implemented full pension was being granted
only on completion of 33 years qualifying service. If the service was less than 33 years,
then, the pension was granted on pro-rata basis. (Example; for 22 years, basic pension
granted was 2/3 of the normal full pension). Sixth CPC recommended that full pension should be
granted if the employee has 20 years service.
Government accepted the recommendation and issued the order saying that it is applicable
to those who retired only on or after 1-1-2016. It was a discrimination.
Some senior pensioners challenged it. Now, the CAT says that the said discrimination
should be removed. All those who were alive on 1-1-2006, irrespective of their date of
retirement, should be given the full pension if they had served 20 years minimum.
Let us hope that the Government will honour the judgement.
3. There was another recommendation from CPC.
The Full pension should be 50% of last ten months average basic pay or 50% of the last pay drawn,
whichever is beneficial to the retiring employee.
That also was accepted and implemented from 1-1-2006 only.
This discrimination should also be removed.
Someone should go to the Court for justice in this matter also.
..........................................................
11-5-2015
PAID UP MEMBERSHIP
We congratulated some major branches for their achievements at organisational level.
District Secretary, Madurai has informed us today morning that his total membership
is 1392, not 1382 as mentioned in this website.
We have taken three years average annual membership and then added the total life membership
as on 31-3-2015. Thus, there may be some difference between the latest membership and average.
Some branches remitted the quota after 31-3-2015, which was not taken into account
while consolidating the figures.
11-5-2015
FULL PENSION ON @) YEARS SERVICEImmediate queries and doubts.
Yesterday evening only we uploaded in this Website the news about the landmark judgement delivered by principal bench of CAT, New Delhi allowing full pension to those central govt
employees retired before 1-1-2006, with 20 years qualifying service.
Some newspapers also have published the news item on it.
I am surprised to receive more than 10-12 calls from different parts of the country
in the night itself, raising doubts and asking clarifications on the judgement.
Hence, this posting.
1. It is too early or premature to discuss the matter.
As we have seen in the case of fixing minimum pension,
the bureaucrats may file appeals in the case.
Benefits will be given only when the Government issues an order,
not merely on the basis of a Court judgement.
2. In the instant case, the issue is very simple.
Before the sixth Pay Commission Report was implemented full pension was being granted
only on completion of 33 years qualifying service. If the service was less than 33 years,
then, the pension was granted on pro-rata basis. (Example; for 22 years, basic pension
granted was 2/3 of the normal full pension). Sixth CPC recommended that full pension should be
granted if the employee has 20 years service.
Government accepted the recommendation and issued the order saying that it is applicable
to those who retired only on or after 1-1-2016. It was a discrimination.
Some senior pensioners challenged it. Now, the CAT says that the said discrimination
should be removed. All those who were alive on 1-1-2006, irrespective of their date of
retirement, should be given the full pension if they had served 20 years minimum.
Let us hope that the Government will honour the judgement.
3. There was another recommendation from CPC.
The Full pension should be 50% of last ten months average basic pay or 50% of the last pay drawn,
whichever is beneficial to the retiring employee.
That also was accepted and implemented from 1-1-2006 only.
This discrimination should also be removed.
Someone should go to the Court for justice in this matter also.
..........................................................
11-5-2015
PAID UP MEMBERSHIP
We congratulated some major branches for their achievements at organisational level.
District Secretary, Madurai has informed us today morning that his total membership
is 1392, not 1382 as mentioned in this website.
We have taken three years average annual membership and then added the total life membership
as on 31-3-2015. Thus, there may be some difference between the latest membership and average.
Some branches remitted the quota after 31-3-2015, which was not taken into account
while consolidating the figures.
10-5-2015
CAT JUDGEMENT
[Please see the matter given below][Click here to view the file....]
10-5-2015
FULL PENSION ON 20 YEARS
TO OLD PENSIONERS ALSO
On 21st April 2015, the CAT Principal Bench delivered a landmark judgement taking up three cases
filed by number of senior pensioners retired before 1-1-2006.
Most of the Petitioners are retired senior officers.
[Like Mr Pratap Narayan, Retd Executive Director, FICC, Delhi,
Mr. Ambrish Agarwal, GM, DOT Ghaziabad,
Mr. A Rajagopalan, Retd DDG GSI Bangalore etc..]
Their juniors got full pension, retired after putting up 20 years of qualifying service.
But the petitioners were denied the benefit just because they retired before 1-1-2006.
(Before 6th CPC, full pension was being granted after completing 33 years of service.)
The petitioners challenged the discrimination. CAT accepted their plea.
The relevant portion of the judgement is given below:
....." 13. In view of the judgments of the Hon’ble Supreme Court in D.S. Nakara (supra),
V. Kasturi (supra), T.S. Thiruvengadam (supra) and order of the Full Bench of the Tribunal in
OA 937/2010 with OA 2101/2010 dated 20.11.2014, we are of the opinion that the prayer in the OAs
is fully justified. We, therefore, quash and set aside the impugned orders dated 3.10.2008
and 19.03.2010 being violative of law laid down by the Hon’ble Supreme Court
and direct the respondents that the qualifying service for earning full pension will be treated as
twenty years also for those who retired from the Central Government service
on or before 31.12.2005 and were alive on that day.
The respondents are also directed to modify/amend all relevant government orders/ letters/ notifications
in accordance with the above decision.
It is made clear that this parity of pension between pre and post-1.01.2006 pensioners
(on the question of eligibility of minimum pensionable service of twenty years) would apply
both as regards pension and family pension.
The respondents are granted three months’ time from the date of receipt of this order
for implementation of directions contained in this order."
(Raj Vir Sharma) ( P.K. Basu)
Member (J) Member (A)
Note: For those who are interested in the matter we give the full judgement as attachment.
COM D.GOPALAKRISHNAN IS BLESSED WITH ANOTHER GRANDSON
WE ARE HAPPY THAT COM D.G. IS BLESSED WITH ANOTHER GRANDSON ON8-5-15 THROUGH HIS 2nd SON AT CHENNAI. WE WISH ALL THE BEST TO THE
ENTIRE FAMILY.
NEXT BSNL PENSION REVISION
We are very happy to note that there was unanimity amongst the leaders of various
service unions of BSNL staff in demanding next pension revision for BSNL retirees
through the 7th Central Pay Commission. It seems that the Chairman, Telecom Commission
disagreed with the demand saying that Central Pay Commission is only for CDA pattern.
Sorry, it is a wrong notion.
The Terms of Reference of 7th CPC, mentioned in the Gazette Notification issued on
28th February 2014 does not talk about CDA or IDA.
Para (f) from the Notification is given hereunder;
" f. To examine the principles which should govern the structure of pension and
other retirement benefits, including revision of pension in the case of employees
who have retired prior to the date of effect of these recommendations,
keeping in view that retirement benefits of all Central Government employees
appointed on and after 01.01.2004 are covered by the New Pension Scheme (NPS)".
4th, 5th and 6th CPC Reports were made effective to all pensioners coverd by
the CCS (Pension) Rules, 1972.
BSNL Retirees are paid pension directly from government funds under the same
CCS (Pension) Rules, 1972.
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