Increment falls due on the day following superannuation, on completion of one full year of service: High Court Madras Judgement - Grant Notional Increment

Increment falls due on the day following superannuation, on completion of one full year of service: High Court Madras Judgement - Grant Notional Increment 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.15107/2016 & WMP.No.13159/2016

S.Srinivasan .. Petitioner

Vs

1.The Principal Secretary to Government

Finance [CMPC] Department

Fort St George, Chennai 600 009.

2.The Pension Pay Officer,

College Road, Chennai 600006. .. Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Certiorarified mandamus, to call for the records of the 1st respondent relating to G.O.Ms.No.11, Finance [CMPC] Department, dated 31.12.2014 and to quash the same insofar as it restricts the grant of notional increment purely for the purpose of pensionary benefit in case of Government servant who retires on 31st March, 30th June, 30th September and 31st December, prospectively and consequently direct the respondents to grant the notional increment to the petitioner, who retired on 31st March 1986, fix the purpose of pensionary benefits and for payment of arrears together with interest.

For Petitioner : Mr.S.Baskaran

For Respondents : Mr.S.Gunasekaran, AGP

O R D E R

In the present writ petition, the relief sought for is to quash G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, in respect of grant of annual increment.

2.The learned counsel appearing for the writ petitioner contended that the grant of annual increment was adjudicated before this Court as well as before the Hon'ble Supreme Court. After adjudication of this issue, the Government accepted the legal proposition and referred the matter to the Pay Grievance Redressal Cell constituted by the Government on 10th April 2012 in G.O.Ms.No.123, Finance Department. The Pay Grievance Redressal Cell has recommended that when the date of increment of a Government Servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of a notional increment purely for the purpose of pensionary benefits and not for any other purpose. Such concession may be made applicable prospectively.

3.Accepting the recommendations made by the Pay Grievance Redressal Cell, the Government issued G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014. In the said G.O., the Government in paragraph Nos. 3 & 4, has ordered as follows:

"3.After careful consideration, the Government have decided to accept the above recommendation of Pay Grievance Redressal Cell. Accordingly, the Government direct that a Government Servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rule 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionery benefits and not for any other purpose. The above concession of sanction of notional increment shall take prospective effect from the date of issue of this order.

4.Necessary amendment to the Fundamental Rules shall be issued by Personnel and Administrative Reforms Department separately."

4.The learned counsel appearing for the petitioner contended that the rights of the writ petitioner for annual increment is accepted and ensured by the Government in G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014. 

5.When the grant of annual increment is ensured by the Government, such a concession cannot be denied to the pensioners who retired prior to 31.12.2014. Further, it is stated that the G.O., does not fix any cut-off date of retirement and as per the G.O., all the State Pensioners who fall in this category are eligible to get their respective annual increments, in the event of fulfilling the conditions stipulated in the said G.O.Ms.No.311.

6.In the absence of any cut-off date in G.O.Ms.No.311, all the pensioners are to be treated as homogeneous class and who ever falls in the category of serving one year and retiring next date of the crucial date for grant of annual increment are entitled for the benefits notionally with effect from the date of retirement and the actual benefits to be paid prospectively from the date of issue of G.O.Ms.No.311 dated 31.12.2014. 

7.The learned counsel further taken this Court to paragraph No.8 of the counter affidavit filed by the respondents in WP.No.36386/2016 etc., batch, which reads as follows:

8.It is submitted that in Government Letter No.5085/CMPC/2015-1, Finance Department, Dated 01.06.2015, it has been clarified that the benefit ordered in G.O.Ms.No.311, Finance (CMPC) Department, Dated 03.12.2014, shall be taken into account for calculating the terminal leave salary as the same is also a retirement benefit. Further, it is submitted that in continuation of the above clarification in Government Letter No.52367/CMPC/2015-1, Finance Department dated 21.09.2015, it has been clarified that the benefit of notional increment sanctioned in the G.O.Ms.No.311 Finance (CMPC) Department, Dated 31.12.2014, shall take prospective effect from the date of issue of the order i.e. 31.12.2014 only and the employees whose increment falls due on completing one year of service on the day following superannuation and retired prior to 31.12.2014 are not entitled for the benefit of sanction of notional increment for the purpose of pensionary benefits.

"8.Though the last line of the counter states that the persons retired prior to 31.12.2014, are not entitled for the benefit of sanction of notional increment for the purpose of pensionary benefits, the same is not supported by the Government Order issued in G.O.Ms.No.311. What is not contemplated in G.O.Ms.No.311, cannot be substituted by the respondents through their counter affidavit. Going by the spirit of G.O.Ms.No.311, it is clear that prospective effect can be given only for the purpose of disbursing the monetary benefits and in respect of the eligibility, there is no cut-off date prescribed in the said Government Order. This Court is of the firm view that counter-affidavit cannot improve the contents of the Government Order issued in G.O.Ms.No.311, since no cut-off date or otherwise is contemplated in the said Government Order. Thus, the respondents cannot substitute by prescribing that the persons retired prior to 31.12.2014, are not entitled for the benefit of sanction of notional increment."

9.The very sanction of increment was granted in accordance with the Fundamental Rules. Once the benefit is granted based on the Fundamental Rules, the increment granted to employees retired after 31.12.2014, cannot be denied to employees retired prior to 31.12.2014. This apart, the date of

31.12.2014, is only an acceptance of the grant of increment to the employees in G.O.Ms.No.311. Thus, there is no sanctity or relevance in respect of adopting the date of 31.12.2014, with regard to the eligibility of employees to draw their increment otherwise in accordance with the Fundamental Rules.

10.The very concept of increment is that on completion of one year of satisfactory service, an employee is eligible to draw the increment. Such being the concept, the date of retirement, as stated in the counter i.e., 31.12.2014, has no nexus or object sought to be achieved. Since such a date is not contemplated in the Government Order, the statement made in the counter, cannot be considered by this Court. Accordingly, all the employees, who retired prior or after 31.12.2014, are eligible to draw their notional increment for the purpose of pensionary benefits and the disbursement of monetary benefit shall be given only with effect from 31.12.2014.

11.Thus, the writ petitioner's claim for grant of annual increments notionally with effect from the date of retirement and actual monetary benefits with effect from the date of G.O.Ms.No.311, is justifiable. Nowhere in the counter statement, more specifically in paragraph No.8, the Government did not deny the benefit to the State pensioners. Contrarily, it is stated that some officials of the Department were restricting the claim by wrongly interpreting G.O.Ms.No.311, as if it is applicable only to the employees who retired after 31.12.2014, which is incorrect. 

12.The purport of the G.O., is to grant benefits in accordance with the Fundamental Rules and the Government in G.O.Ms.No.311, further issued directions to carry out necessary amendment to the Fundamental Rules in this regard. Such being the factum of the case, the claim with regard to the grant of annual increments for the retires prior to and after G.O.Ms.No.311 dated 31.12.2014, is to be affirmed by the State.

13.The learned Additional Government Pleader also fairly submitted that there is no cut-off date fixed in G.O.Ms.No.311. The Government has already extended the benefit of annual increment as interpreted by the Pay Grievance Redressal Cell and the recommendation of the Redressal Cell was also accepted by the Government and G.O.Ms.No.311 was issued. Thus, the eligibility of the writ petitioner in respect of the annual increments cannot be denied. Further, the date of retirement is not prescribed as a cut-off date in the G.O., regarding eligibility.

14.The learned Additional Government Pleader further contended that based on G.O.Ms.No.311 dated 31.12.2014, the writ petitioner is eligible in the event of fulfilling the conditions stipulated in G.O.Ms.No.311. However, the eligibility of the respective writ petitioner is to be found based on his service records and the particulars therein.

15.In this view of the matter, the claim set out in this writ petition deserve consideration. Quashing of G.O.Ms.No.311 does not arise at all, in view of the fact that there no cut-off date is fixed in the said G.O. and only monetary benefits alone is directed to be paid prospectively, with effect from 31.12.2014, i.e. the date of the G.O. 

16.Accordingly, if the writ petitioner falls in the category as stipulated in G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, he is eligible to get his annual increments, notionally with effect from the date of retirement and the monetary benefits will be granted with effect from 31.12.2014, the date of G.O.Ms.No.311 Finance (CMPC) Department. With this clarification, the respondents and the competent authorities are directed to implement G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, by granting the benefit of annual increments, by verifying the respective Service Records of the writ petitioners and pay the monetary benefits prospectively with effect from 31.12.2014.

With this direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

16.08.2017

sk

To

1.The Principal Secretary to Government

Finance [CMPC] Department

Fort St George, Chennai 600 009.

2.The Pension Pay Officer,

College Road, Chennai 600006. 

S.M.SUBRAMANIAM,J.

W.P.No.15107/2016

16.08.2017

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India Post had received permission from the RBI to start a payments bank in January last year, following which it set up two branches, on a pilot basis, in Raipur and Ranchi

Union Minister of State for Communications Manoj Sinha on Sunday said that as many as 650 branches of the India Post payments bank are likely to be operational across the country by next month.

He said that the work of system integration of the payments bank had been completed and processes mandated by the Reserve Bank of India would be completed within one week.

"It is likely that 650 branches of the India Post payments bank would start functioning from May," he said at a press conference.

The minister said that the launch of the postal department's payments bank would enable more than 1.5 lakh post offices to become access points for people to avail banking services, adding that it would help the government's plans of financial inclusion and direct transfer of benefits in remote areas.

India Post had received permission from the RBI to start a payments bank in January last year, following which it set up two branches, on a pilot basis, in Raipur and Ranchi.

He said that a new regional office of the postal department would be opened in Jabalpur in the state.

He said that India Post had been adopting new technology in a bid to provide services at a faster pace and, as part of it, postmen were being provided with smart phones and hand held devices.

"So far, 15,000 such devices have been distributed to postmen in the country. Soon 40,000 postal workers will have such devices. This would enable faster delivery of all kinds of services," he said.

Admitting that India Post's parcel services were lagging behind due to the presence of private players, he said that a Parcel Directorate had been formed in the postal department to give a boost to this segment.

He expressed hope that the postal department would soon be self-reliant as far as revenue was concerned.

Speaking about milestones achieved by his department in the past one year, Sinha said, "A total of 62,000 out of 1.29 lakh post offices were networked under the Digital Advancement of Rural Post Office for a New India (DARPAN) project. New technology enabled services are being offered in rural areas through hand held devices," he said.

He said that over seven lakh passport applications had been processed through 187 passport seva kendras (PSK) operating out of post offices.

The minister, who holds independent charge of the ministry of communications, was in the city to address a India Post conference being attended by senior officials including Postal Services Board members, the Director General (Posts) and Secretary (Posts).

The conference is to review the department's performance in the past year.

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May Day or International Workers’ Day or Labour Day is celebrated on 1st May 2018 all over the world.

It originated in the late 19th century when the working class was in constant struggle to gain the 8-hour work day.

In those days, the working conditions were severe and people used to work 10 to 16 hours a day in unsafe conditions.

In a proclamation printed just before May 1, 1886, one publisher appealed to working people with this plea:

More than 3 lakh workers in 13,000 businesses across US walked off their jobs on 1st May Day celebration in history. Parades, bands and 10,000 demonstrators in the streets showed their workers’ strength and unity.

More than a lakh workers continued to walk off their jobs until the next 2 days.

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Reimbursement Of Medical Treatment In Non-Empanelled Hospitals To CG Employees And Pensioners

In view of the verdict of Hon’ble Supreme Court with regard to the medical treatment of Central Government Employees and Pensioners in non-empanelled hospitals, the Secretary, National Council (Staff Side), JCM has requested the Central Government to kindly take appropriate steps to implement the above judgment in its true perspective so as to ensure better health care to the Central Government Employees and Pensioners.

Shiva Gopal Mishra

Secretary

Ph.: 23382286

National Council (Staff Side)

Joint Consultative Machinary

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

E Mail : nc.jcm.np@gmail.com

No. NC-JCM-2018/Health

April 23, 2018

The Secretary

Government of India

Ministry of Health and Family Welfare

Nirman Bhavan, New Delhi – 110 001.

Subject : Medical Treatment facilities to Central Government Employees and Pensioners

Reference : Judgment of the Hon’ble Supreme Court in WP (Civil) No. 694 of 2015 delivered on 13th April, 2018

Sir,

The Staff Side of the National Council (JCM) is repeatedly representing to the Government about the difficulties being faced by the Central Government Employees and Pensioners in availilng Medical Treatment from CGHS Hospitals and also from un-empanelled hospitals during emergency. In many cases the CGHS empanelled hospitals charges over and above the charges fixed for different treatment and procedure and the same is denied and disallowed from the Medical Claims of the Employees and Pensioners thereby subjecting the CGHS beneficiaries are forced to take treatment to save their life from various un-empanelled hospitals. The claims from these hospitals are also rejected and the CGHS beneficiary has to bear the entire cost of the treatment. Against these the affected employees and Pensioners have approached different Courts in different parts of the Country and in all those cases the judgments are given in favour of the Employees.

At present the Hon’ble Supreme Court in its above referred Order has given an historical judgment with regard to the medical treatment of Central Government Employees and Pensioners and the Hon’ble Supreme Court has also given various directions to your Ministry for implementation in a time bound manner. The relevant portion of the judgment is given below for your kind ready reference.

“13) It is a settled legal position that the Government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights. It is acceptable to common sense, that ultimate decision as to how a patient should be treated vests only with the Doctor, who is well versed and expert both an academic qualification and experience gained. Very little scope is left to the patient or his relative to decide as to the manner in which the ailment should be treated. Specialty Hospitals are established for treatment of specified ailments and services of Doctors specialized in a discipline are availed by patients only to ensure proper, required and safe treatment. Can it be said that taking treatment in Specialty Hospitals by itself would deprive a person’ to claim reimbursement solely on the ground that the said Hospital is not included in the Government Order. The right to medical claim cannot be denied merely because the name of the hospitals is not included in the Government Order. The real test must be the factum of treatment. Before any medical claim is honoured, the authorities are bound to ensure as to whether the claimant had actually taken treatment and the factum of treatment is supported by records duly certified by Doctors/Hospitals concerned. Once, it is established, the claim cannot be denied on technical grounds. Clearly, in the present case, by taking a very inhuman approach, the officials of the CGHS have denied the grant of medical reimbursement in full to petitioner forcing him to approach this Court.

16) Further, with regards to the slow and tardy pace of disposal of MRC by the CGHS in case of pensioner beneficiaries and the unnecessary harassment meted out to pensioners who are senior citizens, affecting them mentally, physically and financially, we are of the opinion that all such claims shall be attended by a Secretary level High Powered Committee in the concerned Ministry which shall meet every month for quick disposal of such cases. We, hereby, direct the concerned Ministry to device a Committee for grievance redressal of the retired pensioners consisting of Special Directorate General, Directorate General, 2 (two) Additional Directors and 1 (one) Specialist in the field which ‘shall ensure timely and hassle free disposal of the claims within a period of 7 (seven) days. We further direct the concerned Ministry to take steps to form the Committee as expeditiously as possible. Further, the above exercise would be futile if the delay occasioned at the very initial stage, i.e., after submitting the relevant claim papers to the CMO-I/C, therefore, we are of the opinion that there shall be a time frame for finalization and disbursement of the claim amounts of pensioners. In this view, we are of the opinion that after submitting the relevant papers for claim by a pensioner, the same shall be reimbursed within a period of 1 (one) months.”

In view of the above observations and directions by the Hon’ble Supreme Court we request you to kindly take appropriate steps to implement the above judgment in its true perspective so as to ensure better health care to the Central Government Employees and Pensioners. We have already forwarded many Agenda Points for discussion with the Ministry of Health vide our Letter No. NC-JCM-2017/Health dated 26/04/2017 and 01/09/2017. We regret to inform you that till date Ministry of Health has not convened the meeting with the Staff Side of National Council (JCM). You are therefore requested to convene a meeting with the Staff Side of National Council (JCM) in which the above issue can also be discussed.

Awaiting for your favourable response please

Thanking you,

Yours Faithfully,

(Shiva Gopal Mishra)

Secretary

Source: Confederation

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Qualifying Service for Central Government Pension – DoPPW updated Frequently Asked Questions

Qualifying Service for Central Government Pension – DoPPW updated Frequently Asked Questions

Central Government Pension Qualifying Eligibility Service conditions

2. QUALIFYING SERVICE

(2.1)  Does  all leave period qualify for pension and gratuity?

All   leave   for   which   leave   salary  is   payable   qualifies  for   pension   and   gratuity. Extraordinary leave (EOL) on medical certificate (MC)   also qualifies for pension and gratuity.   EOL without MC qualifies only on account of inability to join duty on civil commotion or when granted for a higher scientific & technical study qualifies.

(2.2)  Is the benefit of counting of past service under Rule 19  available to ex-serviceman re-employed to civil service / post?

An ex-serviceman re-employed to the Civil   Post / service on or before 31/12/2003   is covered under the CCS (Pension) Rules, 1972.   Therefore the benefit of Rule 19 also becomes automatically available to him.  An ex-serviceman re-employed in civil service on or after 1/1/2004  is covered by the National Pension System and is not covered under the CCS (Pension) Rules, 1972. Therefore the benefit of Rule 19 is not available to the ex- serviceman on re-employment on or after 1/1/2004.

(2.3)  What happens to the past service of a Govt. servant (appointed before 1.1.2004) who resigns to take up, with proper permission, another appointment under the Govt.?

Under Rule 26 (2)   “A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies”.  This also applies to a Govt. servant who joined Govt. service before 1/1/2004 and takes up another appointment in the

Govt., on or after 1.1.2004.

(2.4) What is the impact of resignation (other than technical resignation) on qualifying service and pension?

Resignation (other than technical resignation) entails forfeiture of past service. Therefore, no pension is payable on such resignation.

(2.5) Will  a  Government  servant  who  joined  Central/State/Autonomous Body  before01.01.2004 be eligible for pension under CCS(Pension) Rules, if he takes up another appointment in Central/State/Autonomous Body after 01.01.2004 by submitting technical resignation in his previous organisation?

Yes,  it  has  been  clarified  in  Department  of  Pension  &  Pensioners  Welfare OM  No

28/30/2004-P&PW(B) dated 26.07.2005 and 28.10.2009 that employees appointed before 01.01.2004 who were governed by Old Pension Scheme of their respective Governments/Organisation will be eligible to continue in Old Pension Scheme, if such scheme exists in new organization, where such employee submits resignation to take up new appointment with proper permission.

(2.6) Is  the  service  rendered  by  an  employee  in  Public  Sector  Undertakings(PSUs)counted for pension on moving to Central Government?

As per OM no 28/24/94-P&PW(B) dated 13.09.1996, the service rendered in Public Sector Undertakings (PSUs) before joining service under the Government is not counted for the purpose of pension in Government.

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Pension Policy FAQ updated on 18.4.2018

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DoPPW has issued Pension Policy FAQ updated on 18.4.2018 on various pension related topics. Since it was updated recently, latest orders and clarification of Pension are incorporated in this FAQ

Frequently Asked Questions (FAQs)

(Central Civil Services)

1. PENSION POLICY

Last Updated : 18.04.2018

(1.1) Which rules govern pension and gratuity to the employees retiring from Central Government Civil Departments.

Pension and gratuity of the employees retiring from Central Government Departments is regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules regarding pension and gratuity of Railway employees and Defence personnel.

(1.2) Is the date of voluntary retirement treated as duty?

Yes, the date of voluntary retirement is treated as duty (Rule 5).

(1.3) Who is eligible for pension?

A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for pension (Rule 2, 49).

(1.4) How is pension calculated?

W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. (Rule 49).

(1.5) What happens to the departmental proceedings instituted against a Govt. servant during service and pending at the time of retirement? Can pension/gratuity be paid to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against him at the time of retirement?

Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner. Thereafter, authority will submit a report recording its finding to the President. In such cases, only provisional pension is paid and gratuity is withheld till the conclusion of departmental proceedings and issue of final orders thereon by the competent authority.

(1.6) Can Departmental proceedings be instituted after retirement?

Departmental proceeding can be instituted after retirement subject to following conditions:-

(a) Sanction of the President shall be obtained before instituting such proceedings;

(b) The proceedings shall not be in respect of any event which took place more than 4 years such institution;

(c) Proceedings shall be conducted by such authority and in such place or the President may direct and in accordance with rules applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Govt. servant during his service.

(1.7 ) When is departmental or judicial proceeding deemed to be instituted?

(a) Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date;

(b) Judicial proceedings shall be deemed to be instituted(i) In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and (ii) In the case of civil proceedings, on the date the plaint is presented in the court.

(1.8) Can the pension/gratuity be withheld on conclusion of departmental/judicial proceedings?

The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement. Power to withhold/withdraw pension/gratuity is with President and UPSC is required to the consulted before any final orders are passed.

(1.9) Which pay is reckoned as emoluments for pension and gratuity?

The basic pay as defined in FR 9 (21) (a) (i) is reckoned as emoluments for pension. However, Non- Practicing Allowance granted to Medical Officers is also included inemoluments. For the purpose of Retirement/ Death gratuity, Dearness Allowance admissible on the date of retirement/death is also treated as emoluments.

(1.10) Which pay is reckoned as emoluments for pension if the Government servant is on leave, suspension or deputation at the time of retirement?

(a) If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule. However, increase in pay (other than the increment) which is not actually drawn shall not form part of his emoluments.

(b) If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule.

(c) If a Government servant immediately before his retirement of death while in service, was on earned leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments. However, such increment should have been earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.

(d) Pay drawn by a Government servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments.

(1.11) Can a pension be withheld/withdrawn on grounds of misconduct after retirement? 

Future good conduct is the implied condition for grant/continuance of pension. The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.

(1.12) Can a pension, once authorized, be revised to the disadvantage of pensioner on grounds other than misconduct under Rule 8 and 9.

Except under Rule 8 and 9, pension once authorized after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently. No revision of pension to the disadvantage of the pensioner shall be ordered by the Head of Office without the concurrence of the Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorization of pension. The question whether it is a case of clerical error or not would be decided by the administrative Ministry.

(1.13) What is the formula for revision of pension of pre-2006 pensioner/family pensioner?

In terms of para 4.1 of OM No.38/37/08-P&PW(A) dated 1.9.2008, the pension/family pension will be consolidated w.e.f. 1.1.2006 by adding together (i) The existing pension/family pension,(ii) Dearness Pension, where applicable, (iii)Dearness Relief @24% of basic Pension/Basic Family Pension plus dearness pension as admissible vide OM No.42/2/2006-P&PW(G) dated 5.4.2006 and (iv) Fitment weightage @40% of the existing pension/family pension. Where the existing pension at (i) includes the effect of merger of 50% of DR w.e.f. 1.4.2004, the existing pension for the purpose of fitment weightage will be re-calculated after excluding the merged DR of 50% from the pension.

The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 1.1.2006. The fixation of pension will be subject to the provision that the revised pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the Govt. servant retired. The minimum of pay is the pay band/pay scale is to be reckoned in accordance with DoPPW OM No. 38/37/08-P&PW dated 30.07.2015.

(1.14) Whether all pre-2006 pensioners/family pensioners would get benefit under Department of Pension and Pensioners’ Welfare O.M. NO.38/37/08- P&PW (A) dated 28.1.2013 (now OM dated 30.07.2015)?

There will be no change in the pension of those pre-2006 pensioners whose pension (as revised with effect from 1.1.2006) is already equal to or more than this minimum limit mentioned in the OM dated 28.01.2013 and 30.07.2015. In the case of family pensioner also the minimum family pension as mentioned in Col.10 of the Annexure to the OM dated 28.1.2013 shall be payable if the amount of family pension (w.e.f. 01.01.2006) is equal to or more than this minimum family pension, the same family pension shall continue to be paid.

(1.15) What are the provisions regarding revision of pension of pre-2016 pensioners after 7th CPC?

Orders were issued vide OM No. 38/37/2016-P&PW(A) dated 04.08.2016 for revision of pension of pre-2016 pensioners by multiplying the pre-revised pension by a facor of 2.57. This was to be done by the Pension Disbursing Authorities/ Banks.

Further orders were issued vide OM No. 38/37/2016-P&PW(A) dated 12.05.2017. As per this OM, the revised pension/family pension w.e.f 01.01.2016 of all Central Civil Pensioners/ family pensioners, including CAPF’s, who retired/died prior to 01.01.2016, shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay.

While fixing pay on notional basis, the pay fixation formulate approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension and 30% of this notional pay shall be the revised family pension w.e.f.

01.01.2016 as per the first Formulation. In this case of family pensioners who were entitled to family pension at enhanced rate, the revised family pension shall be 50% of the notional pay as on 01.01.2016 and shall be payable till the period up to which family pension at enhanced rate is admissible as per rules. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee.

The pension/ family pension already revised in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised pension/ family pension as worked out in accordance with OM dated 12.05.2017 shall be granted to pre-2016 central civil pensioners as revised pension/ family pension w.e.f. 01.01.2016. In cases where pension/ family pension being paid w.e.f. 01.01.2016 in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 happens to be more than pension/ family pension as worked out in accordance with para 4 above, the pension/ family pension already paid shall be treated as revised pension/ family pension w.e.f. 01.01.2016.

(1.16) Is any ready reckoner available for revision of pension of pre-2016 pensioners by notional pay fixation method?

A Concordance Table for fixation of notional pay of pension/ family pension of employee who retired/ died in various grades of Vth/ VIth CPC period has been prepared and circulated on 06.07.2017. These Concordance Tables are available on the website of this Department, i.e. doppw.gov.in and pensionersportal.gov.in.

(1.17) Is there any online calculator available for fixation/ revision of pension?

A calculator for calculation/ revision of pension/ gratuity is available on the website of this Department, i.e. doppw.gov.in and pensionersportal.gov.in.

1.18) What is the amount of minimum and maximum pension after Seventh CPC?

The pension shall not be less than Rs.9000/- (excluding the element of additional pension to old pensioners) and shall not be more than 50% of the highest pay in Government i.e Rs 1,25,000/- w.e.f. 01.01.2016.

(1.19) From where can we download the pension /nomination Forms ?

All forms are available at the website of Department of Pension & Pensioners Welfare.

(1.20) When can a Government servant apply for voluntary retirement?

Under Rule 48, a Government servant can apply for voluntary retirement after completion of 30 years of qualifying service. Under Rule 48-A, he can apply for voluntary retirement after completion of qualifying service of 20 years. Under FR 56 (k) he can apply for voluntary retirement an attaining the age of 50 years (for Gr. A & B) and 55 years (in other cases).

(1.21) Whether older pensioners will get higher rate of pension?

Yes, from 1.1.2006, the quantum of pension/family pension available to old pensioners/family pensioners has been increased as follows:- O.M.No. 38/37/08- P&PW(A) dated 2.9.2008 .

(1.22) Is additional pension admissible to old family pensioners also?

Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.

(1.23) Whether the provision of added years in qualifying service for computation of pension is still in force?

The benefit of added years of qualifying service for computation of pension/related benefits has been withdrawn w.e.f. 01.01.2006.

(1.24) Whether the provision of added years in qualifying service has been withdrawn for calculating gratuity also?

Yes, w.e.f. 01.01.2006.

(1.25) Whether the additional pension/family pension available to old pensioners would be payable from the date of attaining age of 80 years or above or from the first day of the month in which the date of birth falls?

• The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years in the month of August, 2008, he will be entitled to additional pension/family pension w.e.f. 1.8.2008.
• Those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/ family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above

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Central Government Employees DA July 2018 - 9% or 10% ?

Central Government Employees DA July 2018 - 9% or 10% ?

Central Government Employees DA July 2018 - 9% or 10% ?

Ministry of Labour Bureau Department released AICPIN value Mar 2018, now we can predict Expect DA July 2018, with the April 2018 AICPIN assumption value, May 2018 AICPIN assumption value and June 2018 AICPIN assumption value check examples below:-

Incase AICPIN increase by 1 point to next three month will expect DA July 2018.

This is only the assumption, we have to wait until end of July 2018 to finalize the DA for Employees and Pensioners

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Heads of Circle Conference, Bhopal

Heads of Circle Conference, Bhopal

Heads of Circle Conference, Madhaya Pradesh, Bhopal  held on 27th to 29th April 2018

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650 India Post Payments Bank branches to start by May: Manoj Sinha

• ion Minister of State for Communications Manoj Sinha said that the work of system integration of the payments bank had been completed.
• The processes mandated by the Reserve Bank of India would be completed within one week, Sinha added.

BHOPAL: Union Minister of State for Communications Manoj Sinha on Sunday said that as many as 650 branches of the India Post payments bank are likely to be operational across the country by next month.

He said that the work of system integration of the payments bank had been completed and processes mandated by the Reserve Bank of India would be completed within one week.

"It is likely that 650 branches of the India Post payments bank would start functioning from May," he said at a press conference here.

The minister said that the launch of the postal department's payments bank would enable more than 1.5 lakh post offices to become access points for people to avail banking services, adding that it would help the government's plans of financial inclusion and direct transfer of benefits in remote areas.

India Post had received permission from the RBI to start a payments bank in January last year, following which it set up two branches, on a pilot basis, at Raipur and Ranchi.

He said that a new regional office of the postal department would be opened in Jabalpur in the state.

He said that India Post had been adopting new technology in a bid to provide services at a faster pace and, as part of it, postmen were being provided with smart phones and hand held devices.

"So far, 15,000 such devices have been distributed to postmen in the country. Soon 40,000 postal workers will have such devices. This would enable faster delivery of all kinds of services," he said.

Admitting that India Post's parcel services were lagging behind due to the presence of private players, he said that a Parcel Directorate had been formed in the postal department to give a boost to this segment.

He expressed hope that the postal department would soon be self-reliant as far as revenue was concerned. 

Speaking about milestones achieved by his department in the past one year, Sinha said, "A total of 62,000 out of 1.29 lakh post offices were networked under the Digital Advancement of Rural Post Office for a New India (DARPAN) project. New technology enabled services are being offered in rural areas through hand held devices," he said.

He said that over seven lakh passport applications had been processed through 187 passport seva kendras (PSK) operating out of post offices.

The minister, who holds independent charge of the ministry of communications, was in the city to address a India Post conference being attended by senior officials including Postal Services Board members, the Director General (Posts) and Secretary (Posts).

The conference is to review the department's performance in the past year

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