Quantcast
Channel: Bharat Pensioners Samaj
Viewing all 4892 articles
Browse latest View live

Master Circular – Disbursement of Government Pension by Agency Banks

$
0
0
Master Circular – Disbursement of Government Pension by Agency Banks

Introduction Payment of pension to retired government employees, including payment of basic pension, increased Dearness Relief (DR), and other benefits as and when announced by the governments, is governed by the relevant schemes prepared by concerned Ministries/Departments of the Government of India and State Governments. This Master Circular consolidates important instructions on the subject issued by the Reserve Bank till June 30, 2017. It does not replace or supersede such existing government instructions. In case of any doubt or apparent contradiction, agency banks may be guided by the relevant government instructions. Various circulars issued in this connection by the Reserve Bank of India are summarised hereunder for information. General Instructions Government orders on DR, etc. on websites
2. In order to obviate the time lag between issue of DR orders and payment of DR to the beneficiary and to render expeditious service to senior citizens, the following action is required to be taken:
 (a) As soon as the sanction of Dearness Relief at revised rates is received from Ministry of Finance, orders for payment of Dearness Relief to pensioners at revised rates are issued and the copies of such orders are immediately sent to Heads of all Agency Banks by e-mail as well as by FAX with instructions to take necessary action for expeditious payment of Dearness Relief.
(b) The orders are put on website of Ministry of Personnel, Public Grievance and Pensions (http://www.persmin.nic.in)
 (c) Copies of orders are also sent by post to Heads of all Agency Banks and published in leading newspapers by Indian Banks' Association.
 (d) Pension paying agency banks should act on the copies of the orders supplied by Government to the Head Offices and/or Regional Offices of authorised banks in the State headquarters or hosted on the website of the State Government.
(e) The Controlling Offices/ Head Offices of agency banks should closely monitor and supervise timely and correct disbursement of Government pension to eligible pensioners.
Nomination
3. With a view to avoiding inconvenience to pensioners, all pension paying branches to accept Nomination Forms ‘A’ or ‘B’ as the case may be, submitted by Central Civil/Railway pensioners for the payment of arrears of pension to the heir(s).

4. In the case of Central Civil and Railway pensioners, the pension paying banks should endorse the names of nominees as per nomination forms ‘A’ and ‘B’ on the front page of the pass book and the branches may be advised to ensure that the procedure laid down in Schemes for disbursement of pension to pensioners by public sector banks are followed scrupulously.

All India Service officers retiring from Government of India
5. The accounting procedure to be followed for payment of pension to All India Service Officers retiring from Government of India while on Central Deputation is given below:
(a) PPO number for All India Service Pensioners would incorporate, besides the 12 digit numeric component used for Central Civil pensioner, a prefix indicating the service and the state cadre to which the pensioner belongs. A sample PPO number for an IAS Officer of Punjab cadre would be – IAS/Pb/438840400191.
 (b) All India Service Pensioners will have the option to draw pension only through the authorised banks.
 (c) The Special Seal Authority (SSA) issued by the CPAO would be in blue colour to distinguish it from authorities issued for Central Civil pensioners. In addition, the authority will indicate the State Government to which the payment is debitable.
 (d) One copy of the SSA will be sent to the concerned Accountant General for information and record.
(e) The concerned paying branches of the bank, after following the necessary procedure for identifying the pensioner, would release the payment and add the name of All India Service Pensioner to the scrolls prepared for State Government Pensioners to be routed for reimbursement to the reimbursing branches of the Reserve Bank/ State Bank as the case may be. Such scrolls are NOT being handled under Single Window System of pension reimbursement for Central Government Civil Pensioners and should not therefore be sent to CPAO.
(f) The reimbursing branches would follow the procedure for the State Government Pensioners and send advice to Reserve Bank, CAS, Nagpur and the corresponding scrolls to the concerned Accountant General.
(g) The RBI, CAS, Nagpur would debit the concerned State Government Account as per the procedure. Credit of pension to joint account

6. Various Central Government Ministries and State Governments have modified the scheme for payment of pension permitting credit of pension also to a joint account operated by pensioner with his/her spouse in whose favour an authorisation for family pension exists in the Pension Payment Order (PPO). The joint account of the pensioner with the spouse could be operated either by 'Former or Survivor' or 'Either or Survivor' basis subject to the following terms and conditions:
(a) Once pension has been credited to a pensioner's bank account, the liability of the government/bank ceases. No further liability arises, even if the spouse wrongly draws the amount.
(b) As pension is payable only during the life of a pensioner, his/her death shall be intimated to the bank at the earliest and in any case within one month of the demise, so that the bank does not continue crediting monthly pension to the joint account with the spouse, after the death of the pensioner. If, however, any amount has been wrongly credited to the joint account, it shall be recoverable from the joint account and/or any other account held by the pensioner/spouse either individually or jointly. The legal heirs, successors, executors, etc., shall also be liable to refund any amount, which has been wrongly credited to the joint account.
(c) Payment of Arrears of Pension (Nomination) Rules 1983 would continue to be applicable to a Joint Account with the pensioner's spouse. This implies that if there is an 'accepted nomination' in accordance with rules 5 and 6 of these Rules, arrears mentioned in the rules shall be payable to the nominee.
 7. Existing pensioners desiring to get their pension credited to a joint account as indicated above are required to submit an application to the bank branch, from where they are presently drawing pension in the prescribed form. This would also be signed by the pensioner's spouse in token of having accepted the terms and conditions laid down by the Ministry/Government concerned. The facility is applicable to existing / future pensioners.
8. The scheme of some states/ministries add that opening of joint account with any other person for credit of pension, except the spouse in whose favour family pension is authorised in the PPO, shall not be permissible. Family pensioners are also not covered under the revised scheme. For specific details, the scheme of each individual Ministry/State Government may be examined. Recording of PPO Number in the passbook of Pensioners / Family Pensioners
9.  It has been decided to record the PPO number in all the pension passbooks of the pensioners/family pensioners issued to them. This is to alleviate the difficulties reported by pensioners/family pensioners to get duplicate Pension Payment Orders (PPO) in case of missing of original PPO, transfer of pension account from one bank/branch to another bank/branch, commencement of family pension to spouse or dependent children after the death of pensioner, etc. in the absence of ready availability of PPO numbers. Necessary instructions in this regard have already been issued to all authorised banks by the Central Pension Accounting Office vide their Office Memorandum CPAO/Tech/Clarifications/P&PW/2014-15/426-497 dated September 17, 2014 and Office of Principal Controller of Defence Accounts (Pension) vide their Circular No.185 dated November 28, 2016. All agency banks are advised to record the PPO numbers on the passbook of pensioners/family pensioners.

Issue of Pension Slip
10. It has been decided by Central Pension Accounting Office (CPAO)/Ministry of Defence/Railway and various State Governments to issue pension slips to their pensioners including family pensioners. Accordingly, pension slips as per the prescribed format are to be issued to these pensioners/family pensioners at the commencement of pension and thereafter, whenever there is a change in quantum of pension. Both halves of the Pension Payment Order (PPO) would also need to be updated. All agency banks were advised to issue suitable instructions to their pension paying branches. Staggering of pension payments
11. Payment of pension only on the last day of the month causes much hardship to pensioners as they have to wait in queue for a long time to collect their pension. As per instructions issued in 1995, agency banks were advised to spread disbursal of pension over the last four working days of the month, except for the month of March, which will continue to be credited on or after the first working day of April.

 Recovery of excess/wrong payment made to a pensioner
12. Details of the uniform procedure evolved for recovery of excess/wrong payments made to pensioners drawing pensions under the Scheme for payment of pension to Central /Civil/Defence/Railways pensioners through agency banks, are given below:
a) As soon as the excess/wrong payment made to a pensioner comes to the notice of the paying branch, the branch should adjust the same against the amount standing to the credit to the pensioner’s account to the extent possible including lumpsum arrears payment.
 b) If the entire amount of overpayment cannot be adjusted from the account, the pensioner may be asked to pay forthwith the balance amount of overpayment.
c) In case the pensioner expresses his inability to pay the amount, the same may be adjusted from the future pension payments to be made to the pensioners. For recovering the overpayment made to pensioner from his future pension payment in instalments 1/3rd of net (pension + relief) payable each month may be recovered unless the pensioner concerned gives consent in writing to pay a higher instalment amount.
d) If the overpayment cannot be recovered from the pensioner due to his death or discontinuance of pension then action has to be taken as per the letter of undertaking given by the pensioner under the scheme.
 e) The pensioner may also be advised about the details of over payment/wrong payment and mode of its recovery.

Refund of excess pension payment to Government
13. Whenever any excess / overpayment is detected the entire amount thereof should be credited to the Government account in lump sum immediately when the excess/overpayment is due to an error on the part of the agency bank. If the excess/wrong payment to the pensioner is due to errors committed by the government, they may take up the matter with the full particulars of the cases with respective Government Department for a quick resolution of the matter. However, this must be a time bound exercise and the government authority’s acknowledgement to this effect must be kept on the bank’s record. The banks may take up such cases with government departments without reference to the Reserve Bank of India. Withdrawal of pension by old/ sick/ disabled/ incapacitated pensioners

14. In order to take care of problems/ difficulties faced by sick and disabled pensioners in withdrawal of pension / family pension from the banks, agency banks may categorise such pensioners as under: • Pensioner who is too ill to sign a cheque / unable to be physically present in the bank • Pensioner who is not only unable to be physically present in the bank but also not even able to put his/her thumb impression on the cheque/ withdrawal form due to certain physical defect / incapacity. 

15. With a view to enabling such old/sick/incapacitated pensioners to operate their accounts, banks may follow the procedure as under: 

 • Wherever thumb or toe impression of the old/sick pensioner is obtained, it should be identified by two independent witnesses known to the bank, one of whom should be a responsible bank official. • Where the pensioner cannot even put his/her thumb/ toe impression and also would not be able to be physically present in the bank, a mark can be obtained on the cheque/withdrawal form, which should be identified by two independent witnesses, one of whom should be a responsible bank official. Accordingly, the agency banks are requested to instruct their branches to display the instructions issued in this regard on their notice board so that sick and disabled pensioners could make full use of these facilities. Banks are also advised to sensitise staff members in the matter and to refer to the FAQs on pension disbursement hosted on our website www.rbi.org.in in case of any doubt. Reimbursement of pension payments

16. Link branches of agency banks may submit reimbursement claims to Reserve Bank of India, Public Accounts Departments/ Central Accounts Section, Nagpur for Central/State Government pension payments. Continuation of either or survivor pension account after death of pensioner

17. All agency banks disbursing Central Government pension have been advised that in case the spouse (Family pensioner) opts for existing joint account for credit of family pension, banks should not insist on opening a new account when the spouse is the survivor and having a joint account with the pensioner and in whose favour an authorisation for payment of family pension exists in the Pension Payment Order (PPO).

Digital Life Certificate
18. As per the present pension scheme, pensioners are required to furnish a life certificate to the pension disbursing bank every year in November. In view of the difficulties faced by pensioners in submission of these certificates, and in order to alleviate these difficulties, the Government of India has since launched “Jeevan Pramaan”, a digital life certificate based on Aadhaar Biometric Authentication on November 10, 2014. In order to facilitate Jeevan Pramaan, a web portal (jeevanpramaan.gov.in) was launched on November 10, 2014. All agency banks disbursing government pension may take necessary steps to implement and benefit from the scheme and issue necessary instructions to all their branches concerned and dealing staff. They are requested to work towards creating awareness about this facility amongst their pensioner customers through their branches, websites and other means. Banks may also suitably amend the FAQs on pension payments.

19. There have been complaints that life certificates submitted over the counter of pension paying branches are misplaced causing delay in payment of monthly pensions. In order to alleviate the hardships faced by pensioners, agency banks were instructed to mandatorily issue duly signed acknowledgements. They were also requested to consider entering the receipt of life certificates in their CBS and issue a system generated acknowledgement which would serve the twin purpose of acknowledgement as well as real time updation of records. Payment of Central Civil Pension (a) Pension Payment Orders

20. Some of the Pension Paying Bank branches do not update the amount of basic pension/family pension whenever there is change in basic rates in both halves of the Pension Payment Order (PPO) concerned. In this connection, paragraphs 12.17 and 19.1 of the "Scheme for Payment of Pensions to Central Government Civil Pensioners by Public Sector Banks” are reproduced below: The details of the scheme are available at http://cpao.nic.in/pdf/scheme_bookle_new.pdf  “Whenever there is change in the basic rates of pension and/or dearness relief on pension, the paying branch shall call back the pensioner's half of the PPO and record thereon the changes, indicating, interalia, the date(s) from which the changes are effective. After this is done, those halves will be returned to the pensioners.” (Para 12.17). “Whenever any additional relief on pensions is sanctioned by Government, an intimation to this effect will be sent by the Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioners' Welfare) to the authorised representative (by name) of each nominated public sector bank at the address given by the latter. Thereafter, it shall be the responsibility of the banks to collect through their representatives operating at Delhi or otherwise, the required number of copies (to be intimated in advance) of the sanction orders, along with the ready-reckoner relating thereto, from the Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioners' Welfare) and send them immediately to their respective Head Offices for direct transmission to the paying branches within ten days for implementation. Each paying branch will promptly determine the revised rates of relief on pensions payable to the Central Government Civil Pensioners under its payment. The calculations of these rates applicable to individual pensioners would be made as in Annexure XXII (Page 50) and they will be noted in disburser's portion of the PPOs along with the date from which relief would take effect, under attestation by the Branch Manager or In-Charge before commencing payment of relief at the revised rates and/or payment of arrears, if any, due to the pensioners on this account…” (Para 19.1). Agency banks may draw the attention of their pension paying branches to the above provisions and advise them to strictly follow the instructions. Payment of pension to Defence pensioners  (a) Delay in submission of pension payment scrolls

21. The procedure for transmission of pension payment scrolls by paying branches, link branches and reimbursing branches is stipulated in of the booklet “Defence Pension Payment Instructions”.  The detailed instructions are available at http://cgda.nic.in/pdf/Defence%20Pension%20Payment%20Instructions%202013.pdf The entire procedure detailed therein needs to be completed as per the timeframe fixed so that the payment scrolls are received at the Office of the PCDA (Pension), Allahabad latest by 15th of the following month (except for the month of March scrolls, which should invariably reach latest by 3rd week of every year). The Pension Paying Branches/ Link Branches / Reimbursing Branches are advised to put in place a more efficient system to ensure the following: • Pension Paying Branches to submit pension payment scrolls to Link Branches within the stipulated time (by 10th of the following month). No bunching of scrolls is done. • Link Branches to forward the original copy of the scroll along with summary sheet and summary documents to reimbursing banks (RBI/ SBI etc. as the case may be) by 11th of each month.

• Reimbursing banks should forward the original copy of the scrolls directly to CDA (Pension), Allahabad after reimbursing pension paying bank, by debit to Government Account so as to reach PCDA (Pension) by 15th of the following month except for the March scrolls.
(b) Fake and fraudulent payments

22. The Office of the PCDA (Pension) has also noticed that in some cases of payment of gratuity and commutation amount were made to imposters on fake and fraudulent PPOs by the pension paying branches without observing prescribed checks. Defence pension paying branches are therefore requested to strictly follow the procedure laid down in “Defence Pension Payment Instructions” by the PCDA (Pension) for disbursement of pension to Defence pensioners to avoid fraudulent payments against fake pension payment orders.

(c) First payment of pension

 23. It has also been observed that in the cases of first payment of pension, either PPO numbers were not mentioned on the scrolls or incorrect PPO numbers were mentioned making it difficult to verify the correctness of the payment. Further, these payments were being shown in the main pension payment scrolls along with the regular monthly payments of Defence Pensioners. The Pension Paying Branches/ Link Branches / Reimbursing Branches are advised to put in place a more efficient system to ensure the following:
(a) In the cases of first payments of pension, pension paying branches should prepare scrolls carefully indicating correct PPO number, amount of gratuity and commutation against the name of each pensioner and submit the same separately on a monthly basis in addition to the regular monthly payment cases which will continue to be prepared separately along with separate summary sheet.
 (b) Pension paying branches should prepare separate summary sheets for regular monthly pension payment cases as well as first pension payment case.

(d) Single Window System
24. It has been decided in consultation with the Office of Principal Controller of Defence Accounts (Pension) to introduce Single Window System for reimbursement of Defence Pension with effect from April 1, 2007. Hence, the Reimbursing Banks i.e. RBI (PADs), SBI and its associate banks will cease to reimburse Defence pension payments made by the banks with effect from April 1, 2007. Pension payments transactions may be reported through Link Cell in Nagpur to Central Accounts Section, Reserve Bank of India, Nagpur for fund settlement as in the case of Central Civil Pension. The agency banks are required to send the Payment scrolls to the office of the PCDA (P), Draupadi Ghat, Allahabad.

25. All the past transactions remaining outstanding prior to April 1, 2007 for which Pension Payment Scrolls Advices are wanting shall be resolved through Reimbursing Branches of RBI/SBI and its Associates. Payment of Pension to Railway Pensioners (a) Fake and fraudulent payments

26. The Ministry of Railways has detected cases of fraud wherein pension/ pension arrears have been disbursed to unauthorised persons by some agency banks against fake Pension Payment Orders (PPOs). Such fraudulent payments are made by pension paying branches without observing prescribed checks such as releasing payments by relying upon calculation sheet not signed by authorised signatory, as also noncompliance with laid down procedures, especially regarding receipt of PPOs by banks. Railway pension paying branches are therefore requested to strictly follow the procedure laid down in “Scheme for Payment of Railway Pension through Public Sector Banks” by the Ministry of Railways (Railway Board) for disbursement of pension to Railway pensioners to avoid fraudulent payments against fake pension payment orders.
 (b) Issue of Due and Drawn statement

27. All agency banks may issue suitable instructions to their pension paying branches for issuance of ‘Due and Drawn’ statement in the prescribed form to Railway pensioners, whenever there is a change/revision in their pension, so as to avoid inconvenience to the pensioners.

(c) Single Window System
28. The Single Window System (SWS) has been introduced in case of the reimbursement of Railway Pension payments by almost all agency banks. Railway pension payments made by these banks will be reimbursed by RBI, Central Accounts Section, Nagpur. Payment of Pension to Telecom Pensioners (a) Single Window System

29. Single Window System (SWS) was introduced in the case of reimbursement of Telecom Pension payments with State Bank of India, its Associates and Nationalised Banks with effect from October 1, 2012. The revised scheme is available at the following link: http://www.dot.gov.in/sites/default/files/28-9-12_1.pdf Telecom pension payments made by these banks will be reimbursed by RBI, Central Accounts Section, Nagpur. Customer Service

30. All agency banks may issue instructions to their dealing branches to adhere to the recommendations of the Prabhakar Rao Committee relating to pension payments and accordingly also instruct their internal auditors/inspectors to bestow due attention to adherence to the items of work by the branches listed with respect to the checklist (provided in Annex 1) and comment on the quality of customer service in their reports which may be made available to Reserve Bank’s inspecting officers, as and when they visit the branches.

31. Grievances of pensioners are not being addressed properly at the branch level especially after the setting up of Centralised Pension Processing Centres (CPPCs). To provide hassle free service to the pensioners, there should be a forum for regular interaction and settlement of grievances. Accordingly, agency banks should appoint one/two nodal officers at each Region/Zone for monitoring the resolution of grievances of pensioners on regular basis and the GM/CGM concerned should review the position at monthly intervals.

32. At locations outside the CPPCs, there should be designated nodal officers for pension related complaints who should be easily accessible to pensioners and who should hold regular meetings at different locations in their jurisdiction on the lines of

Pension Adalat. Each bank should establish toll free dedicated pension line manned by trained persons with access to the database to answer queries, note down and redress complaints.

33. Following several complaints from pensioners alleging inordinate delay in disbursing revised pension and arrears, agency banks were advised as under:
 (a) Pension paying banks should compensate the pensioner for delay in crediting pension/ arrears thereof at a fixed interest rate of 8 per cent per annum for the delay after the due date and the compensation shall be credited to the pensioner's account automatically without any claim from the pensioner on the same day when the bank affords credit for revised pension/ pension arrears, in respect of all delayed pension payments made since October 1, 2008.
 (b) Pension paying banks have been requested to put in place a mechanism to obtain immediately the copies of pension orders from the pension paying authorities directly and make payments without waiting for receipt of instructions from the Reserve Bank so that pensioners should get benefits announced by the Governments in the succeeding month's pension payment itself.
(c) System of attending to customer service including pension payments may be reviewed at periodical intervals.
(d) The branch should continue to be a point of referral for the pensioner lest he/she feel disenfranchised.
(e) All branches having pension accounts should guide and assist the pensioners in all their dealings with the bank.
 (f) Suitable arrangements should be made to place the arithmetic and other details about pension calculations on the web, to be made available to the pensioners through the net or at the branches at periodic interval as may be necessary and sufficient advertisement is made about such arrangements. (g) All claims for agency commission in respect of pension payments must be accompanied by a certificate from ED/CGM in charge of government business that there are no pension arrears to be credited/ delays in crediting regular pension/arrears thereof. Training

34. In order to create better awareness among staff about pension payment schemes/ rules, banks may include this as an integral part of the training programmes conducted by their training establishments.
35. Regular training session for bank personnel dealing with pension matters may be organised in consultation with concerned Government Department.


  Annex 1 
Check list relating to Pension payments/government  business for internal inspection of bank branches a. Whether the bank staff, both operative and supervisory, has been  suitably sensitised to the important and socially useful work of pension payments?
 b. Whether there is delay in payment of pension, revision of pension, revision in Dearness Relief etc.?
c. Whether there is delay in restoring full pension after 15 years as indicated in PPO itself?

 d. Whether there is delay at Link Branch/ Focal Point Branch/ Pension
           Disbursing Branch of bank in prompt payment of pension?

e. Whether the bank branch ensures that the overpayments are not made to pensioners since this will lead to hardship to the pensioner later?

f. Whether the Branch Manager had structured interaction with pensioners on quarterly basis?

g. Whether regular training sessions for bank personnel dealing with pension  matters were organised in consultation with the concerned Government departments, such as Central Pension Accounting Office, Controller,  Defence Pensions etc.?
 h. Whether the Nominations to all the pension accounts have been complied?
i. Whether the pension accounts have been converted into joint account wherever applicable?
j. Whether pension slips are issued to Central Civil/ Defence/ Railway pensioners?
k. Whether the bank branch has an effective complaint redressal mechanism and the complaints of pensioners are promptly attended to and their  grievances redressed expeditiously?
l. Whether the pension is credited to pensioner’s account during the period  of last four working days of the month except for the month of March for which the pension is credited on or after first working day of April as per  Reserve Bank of India instructions?
m. Whether the pension paying branch maintains a detailed record of pension payments made by it in the prescribed form?
 n. Whether pension paying branch obtains Life Certificate/ Non-employment certificate/ employment Certificate from the pensioners in the month of November every year?
o. Whether pension paying branch deducts Income Tax at Source from pension payments wherever applicable?
p. Whether bank branch strictly follows the process of verification of PAN number of existing assesses from the CD to eliminate any incorrect entry by the assesse?
q. Whether paper tokens in acknowledgement of the receipt of the cheque  are invariably given by the tax collecting bank branches?
 r. Whether the challans are stamped giving the bank’s BSR Code and the Challan Identification Number (CIN) clearly?
 s. Whether the stamped challans are kept in the custody of the bank staff  and handed over to the concerned tax payer only on production of the  paper token?
t. Whether PPO number is recorded in the passbook issued to pensioners/family pensioners




































Revision of pension of pre 2016 pensioner/family pensioners implementation of Govt's decision on the recommendations of the 7th CPC Concordance tables -regarding

Babus in Assam to lose 10% of salary for neglect of parents & disabled siblings

$
0
0
Guwahati, Sep 15 (PTI) The government employees in the north-eastern Indian state of Assam who do not provide for their parents and siblings with disabilities stand to lose 10 per cent of their salary, with the state Assembly passing a bill on Friday for their better upkeep


Under possibly the first such legislation in the country, the amount deducted from their monthly salary will be given to their parents and siblings so they could support themselves


The Assam Employees' Parents Responsibility and Norms for Accountability and Monitoring Bill, 2017, aims "to provide for accountability for employees of the state government or any other organisation in Assam (under the government) in taking care of their parents and divyang (disabled) siblings and in matters connected therewith or incidental thereto"


Earlier, introducing the PRONAM bill, state minister Himanta Biswa Sarma said there are instances of parents having to live in old age homes as their children do not look after them


The PRONAM bill has been brought in so that if employees do not take care of their parents and divyang siblings 10 per cent of their monthly salary will be deducted for their upkeep, he said


The purpose of the bill, he said, was not to interfere in the private lives of employees but to ensure that their parents and siblings facing neglect are able to lodge a complaint with their respective departments


The legislation was passed by the House by voice vote


Sarma said a similar bill will be introduced later for MLAs and MPs, employees of Public Sector Undertakings (PSUs) and private companies operating in Assam


Former chief minister and opposition Congress leader Tarun Gogoi termed the legislation an "insult" to the Assamese society, which, he said, has a tradition of looking after old parents and siblings


Claiming such a legislation interfered in the private lives of government employees, Gogoi said, "Our culture is to not only look after our old parents and siblings, educating them, but also to take care of even cousins and other relatives.

Guidelines on leave and voluntary retirement of Railway servants in light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

$
0
0

MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 107/2017

New Delhi, dated : 3o.08.2017

No. E(P&A)I-2017 /CPC/LE-5

The General Managers and Principal Financial Advisers,
All Indian Railways & Production Units.

Sub: Guidelines on leave and voluntary retirement of Railway servants in light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

In pursuance of Department of Personnel & Training’s OM No.18017 /1/2014-Estt(L) dated 25.02.2015 and OM No. 25012/1/2015-Estt(A-IV) dated 19.05.2015, the issues relating to leave and notice of voluntary retirement of Railway servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

2. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 510 of IREC Vol.-1 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Railway servant is declared incapacitated shall be remitted back into his/her leave account. For a Railway servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted

3. Further, keeping in view the provisions of the Section 47 of PWD Act, 1995 and the judgment of the Hon’ble Supreme Court in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 SCC 579, it has been decided that whenever a Railway servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Railway servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.

3.1 In case a disabled Railway servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 of PWD Act, 1995. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per applicable rule.

4. It is requested to keep the above in view while processing cases of requests for voluntary retirement and leave from disabled Railway servants under the provisions of the Section 47 of PWD Act, 1995.

5. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

6. Please acknowledge receipt.

(Anil Kumar)
Dy. Director/E(P&A)-1
Railway Board

Revision of Pension in respect of Puducherry pensioners /family pensioners drawing pension under ex-French Rules on the line of revision of pension of Central Government Pensioners on the recommendations of VIIth Central Pay Commission — regarding.

$
0
0
                                                         

No. 28/ 3/2009-P&PW(B)

Ministry of Personnel, Public Grievances Pension 
Department of Pension and Pensioners Welfare


3rd Floor, Lok Nayak Bhawan, Khan Market 
New Delhi, Dated the 21st July, 2017

To,

The Chief Secretary,

Gover ment of Puducherry, Puducherry.

Subject: Revision of Pension in respect of Puducherry pensioners /family pensioners 
drawing pension under ex-French Rules on the line of revision of pension of 
Central Government Pensioners on the recommendations of VIIth Central Pay 
Commission — regarding.

Sir,

1 am directed to say that the question of revision of pension of Puducherry pensioners / family pensioners drawing pension under the Ex-French Pension Rules in line with the revision of pension for Central Government Pensioners as per this Department's O.M. No.38/37/2016-P&PW(A) (i) and (ii) dated 04.08.2016 has been under consideration of the Government of India. The President is now pleased to decide that the Puducherry pensioners and family pensioners shall also be eligible, as a special case, for benefit of revision of pension as enumerated in this Department's O.M. dated 04.08.2016 referred to above i.e. by multiplying the pension /family pension, as had been fixed at the time of implementation of the 6th CPC recommendation by 2.57. However, the order regarding revision of pension as per Pay Fixation method available to the Central Govt. Pensioners vide this Department's OM No. 38/37/2016-P&PW(A) dated 12.05.2017 shall not be applicable to these Ex-French Pension Rules pensioners / family pensioners.

2.The pensioners/ family pensioners, referred to above will also be eligible for dearness relief at the revised rates effective after the 7th CPC on the revised pension as per orders issued by the Government in this regard from time to time.

3.The pension/ family pension will be revised in terms of these orders by the Govt. of Puducherry in each case individually and the revised pension payment orders will be issued to the concerned pension disbursing authority for arranging payment. It may be ensured that proper and thorough physical verification of the beneficiaries is carried out before revision of pension / family pension.

4. The above mentioned benefits shall not, however, be admissible in the case of Pensioners / family of the deceased pensioners who have opted for French nationality and are drawing metropolitan Pension from the French Government.

5.These orders issue with the concurrence of the Ministry of Finance, Department of Expenditure, vide their I.D. No 30-1/33(iii)/2016-IC dated 13.07.2017.

6. Hindi version will follow.

Yours faithfully,

Sd/

(Harjit Singh)

Director




Copy to:1. Ministry of Home Affairs (CPD(PUDP) Desk), North Block, New Delhi- 110001

2. Implementation Cell, Department of Expenditure, Ashok Hotel, Chankayapuri, New

Delhi.

3. Copy to Desk G for necessary and suitable incorporation in the DR orders issued

from time to time.

4. NIC cell for display on the website of the Department.

Issuance of pensioners copy of the PPO to the Pensioner: Railway Board Order

$
0
0


GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBA NO. 121/2017
No. 2012/AC-II/ 21/ Misc matters/Pt-II
New Delhi, dated 29.08.2017

All Zonal Railways / PUs
Sub:- Issuance of pensioners’ copy of the PPO to the Pensioner.

It has been brought to the notice of Board by one of the Pensioners’ Association that the both the pensioners’ copy and disbursers’ copy of the PFC are being sent to the nodal branch of the Public Sector Banks. In this connection, attention is invited to Para 4 of Board’s letter no. F E(HI)/ 2008/ PN1/ 23 dated 17.03.2015 regarding simplification of pension procedure. 

Para 4 of the letter envisages that the pensioners’ copy may be handed over to him at the time of retirement along with other retirement dues in all cases where the Government servant had submitted pension papers within the time-limits.

It is therefore, requested to review and streamline the system prevailing on your Railway. Feedback on action taken may kindly be apprised to Board.

sd/-
(Vivek.P. Tripathi)
Director Finance/CCA
Railway Board


SBI reviewing minimum balance charges for savings accounts

$
0
0

SBI reviewing minimum balance charges for savings accounts

PTI

As per the list of revised charges of SBI, failure to maintain monthly average balance in accounts will attract penalty of up to ₹100 plus goods and services tax (GST).

State Bank of India (SBI) said it is reviewing charges for certain categories of accounts for non-maintenance of monthly average balance (MAB) after receiving feedback from customers.

In April this year, the country’s largest lender reintroduced charges on non-maintenance of monthly average balance (MAB) after a gap of five years.

“We have received feedback from our customers on the issue and we are reviewing those. The bank will take into account those and make an informed decision,” the banks managing director [national banking group] Rajnish Kumar told PTI.

“We will internally debate whether any moderation for certain categories of customers like senior citizens and students needs to be done anywhere. The charges are never cast in iron,” he said.

As per the list of revised charges of SBI, failure to maintain monthly average balance in accounts will attract penalty of up to ₹100 plus goods and services tax (GST).

In metropolitan areas, there will be a charge of ₹100 plus GST, if the balance falls below 75% of the MAB of ₹5,000. If the shortfall is 50% or less of the MAB, then the bank will charge ₹50 plus GST.

In rural areas, the monthly average balance requirement has been kept at ₹1,000. Any shortfall in maintaining minimum balance in rural areas can attract penalty in the range of ₹20 to ₹50 plus GST.

Mr. Kumar said the bank has over 40 crore savings bank accounts, which includes 13 crore of Basic Savings Bank Deposit (BSBD) and Pradhan Mantri Jan Dhan Yojana (PMJDY) accounts.

The bank has exempted BSBD and PMJDY accounts from maintaining the minimum balance requirement.

Out of the 27 crore normal savings bank accounts, nearly 15-20% customers are not maintaining monthly average balance.

The bank in April had given notices to all those account holders who did not have monthly average balance and asked them to keep the minimum balance in May.

“When they did not maintain the monthly average balance in May then we recovered in June. We had recovered ₹235 crore from such account holders as penalty,” Mr. Kumar said.

He said there is huge cost in maintaining the savings accounts and banks should be allowed to recover some costs.

“There are lots of operational costs. We also have to invest huge amount of money in technology. There are some costs which I think bank should recover,” Mr. Kumar said, adding the charges which SBI is levying for non-maintenance of minimum balance is very competitive as compared to other lenders.

He said a normal savings account holder has an option to convert his account into BSBD account which will exempt him from maintaining monthly average balance.

Extension of CGHS to retired P&T pensioners - reg dt : 28.08.17


Eligibility of divorced daughther for grant of family pension-clarification reg-

Dr Jitendra Singh to inaugurate first ‘Pension Adalat’ tomorrow Pensioners for outstanding contribution towards ‘Anubhav’ to be awarded Mobile App to avail the services of Pensioners’ Portal also to be launched 

$
0
0
The Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh will inaugurate the first ‘Pension Adalat’ here tomorrow. He will also award the Pensioners for their outstanding contribution towards ‘Anubhav’ – a platform for retiring employees for sharing their experience of working with Government. Moving ahead from e-governance to m-governance, a Mobile App has been created to avail the services of Pensioners’ Portal which will also be launched by Dr Jitendra Singh tomorrow. As a measure of welfare to the pensioners of Government of India, a workshop on Pre-Retirement Counseling (PRC) of 300 retiring Central Government employees is also scheduled to be held. The event is being organized by Department of Pension & Pensioners’ Welfare, Ministry of Personnel, Public Grievances and Pensions, Government of India. 


The objective of this workshop is to create awareness about the post-retirement entitlements as well as an advance planning for life after retirement. There will be four interactive sessions which will cover inter-alia, the road map to retirement, medical facilities for pensioners, re-engagement of retired people for voluntary social activities under ‘Sankalp’. There will be another session on Income Tax and other benefits for senior citizens as well as investment and financial planning for retired people and the Importance of writing a Will. 


The Pension Department in this programme will launch the first of a series of Pension Adalats which is being convened with the objective of bringing on a common table the aggrieved pensioner, the concerned department, the bank or CGHS representative, wherever relevant, so that such cases can be settled across the table within the framework of extant rules. 


The Mobile App to be launched tomorrow will be extending all the services meant for the pensioner, which are currently available on the Pensioners’ Portal of the department, to the mobile handset. With this App, a superannuating Central Government official will be able to monitor the progress of his pension settlement, and retired officials will be able to self-assess their pension through the pension calculator and will also be able to register their grievances, if any, and get updates on orders issued by the Department. 


The ANUBHAV AWARDS 2017 will be presented to 17 pensioners for their contribution towards creating institutional memory for the departments. Anubhav scheme had been instituted on the call of Prime Minister Shri Narendra Modi to encourage retiring/retired employees to submit their experiences while working in the government with the objective to create an institutional wealth for the government for future governance as well as to enthuse and inspire the future generations of government officials in their respective assignments. 


******



KSD/NK/PK 

(Release ID :170899)

WHO SAID WHAT by S C Maheshwari

$
0
0
WHO SAID WHAT BEFORE THE COMMITTEE FOR EXAMININGTHE FEASIBILITY OF FIRST OPTIONRECOMMENDED BY 7TH CPC
An extract of committee’s report submitted on 1th December 2016
[14tn December 2016]
CHAPTER - 5
VIEWS OF STAFF SIDE OF JOINT CONSULTATIVE MACHINERY / PENSIONERS’ ASSOCIATIONS
5.1 Representations on the revision of pension recommended by the Seventh CPC
5.1.1 After the submission of the report of the Seventh CPC and again after the constitution of this Committee, several representations have been received from the pensioners and pensioners’ associations - some doubting the feasibility of implementation of Formulation 1 for revision of pension recommended by the Seventh CPC and the others favouring this formulation. Those against this formulation question its feasibility on the following grounds
• It would not be possible to get the service records having information regarding the number of increments earned on the last post in respect of all the pensioners;
• Scrutiny of the individual service records to get the information regarding increments earned in respect of more than 50 lakh pensioners would be a herculean task.
• Revision of pension by this method would result in large scale anomalies which may in turn lead to litigation
5.1.2 On the other hand, those in favour of revision of pension by this method see no difficulty in regard to the availability of records. They also cite the precedent of revision during Fifth CPC, when the pension of all pre-1986 retirees was updated by notional fixation of their pay as on 1.1.1986 and by treating 50% of this pay as notional pension as on
1.1.1986.
5.1.3 Here, however, it may be noted that the under the method for notional fixation of pay adopted under Fifth CPC, the pension of all pre- 1986 retirees was updated by notional fixation of their pay as on
1.1.1986 (i.e. the date of implementation of the recommendations of the Fourth Pay Commission) and by treating 50% of this pay as notional pension as on 1.1.1986 Thereafter, the past pensioners who were
brought on to the Fourth CPC pay scales by notional fixation of their pay and those who retired on or after 1.1.1986 were treated alike regarding consolidation for their pension as on 1.1.1996 by adding basic pension, dearness relief, interim relief and by allowing the same fitment benefit of 40% of the pre-1996 basic pension. The consolidated pension was stepped up, where necessary, to ensure that the revised pension was not less than 50% of the minimum of the pay in the revised pay scale corresponding to the pay scale from which the pensioner retired before 1.1.1996. This method, however, did not require counting increments in the post held by the pensioners at the time of retirement.
5 1.4 The problem of non-availability of service records arises only when the notional pay fixation is being done based on counting the number of increments in the last post/scale. Since there was no
requirement of counting of increments in the last post, the administrative authorities did not face any difficulty of locating the service records for the purpose of revision of pension in implementation of the
recommendations of the Fifth CPC. In fact, the method for fixation of notional pay adopted on the recommendations of the Fifth CPC is exactly the same method as the Pay Fixation method analyzed by the SCommittee in para 4.11 (4).
5.2 Meetings with pensioners associations in the Standing Committee on Voluntary Agencies (SCOVA) and Staff side of Joint Consultative Machinery (JCM)
5.2.1 The pensioners associations in the SCOVA and the members of the JCM, Staff side were invited for a meeting with the Committee. A meeting with pensioners associations who are members of SCOVA was held on 5.10.2016 and two meetings with the staff side of JCM were held on 6.10.2016 and 17.10.2016 respectively to present their views on the Formulation 1 for revision of pension recommended by the Seventh CPC The views expressed by the members of SCOVA are as follows:
• Karnataka Posts and Telecommunications Pensioners Association, Bengaluru : Determining the number of increments earned in the retiring pay scale would be a very difficult proposition. Fie, therefore, suggested that instead of actual number of increments earned in the retiring pay scale, the total number of stages reached in that pay scale may be taken into consideration for revision of pension under Formulation 1. This suggestion goes beyond the recommendation of the Seventh CPC.
N F Railway Pensioners Association, Guwahati, Assam: The representative of the Association initially indicated that the pension should be revised by increment method as recommended by the Seventh CPC On explaining the difficulties and the anomalies in implementation of the increment method, he agreed that the method of notional pay fixation in each Pay Commission period would be the appropriate method for revision of pension..
• Central Government Pensioners Association, Ambarnath: Different Departments follows different procedures and formats for PPOs and it would be difficult to determine the number of increments for revision of pension under Formulation 1. The representative of the Association suggested that the format of PPOs should be standardized
• Association of Retired Officers of IA &ID, Chandigarh: It would be difficult to revise the pension by increment method and agreed that the pension of pre-2016 pensioners may be revised by notional pay
fixation in each intervening Pay Commission period.
• Government Pensioners Association Dehradun: The date of promotion is not available in the PPO and the pension file and it would not be feasible to revise the pension in accordance with Formulation 1 recommended by the Pay Commission.
• All India Central Govt. Pensioners Association, Jalandhar: The Association favored the notional pay fixation method in comparison to the increments method for revision of pension
• Uttarapara Central Government Pensioners Associations, West Bengal: The Association favored the notional pay fixation method in comparison to the increments method for revision of pension.
• The Disabled War Veterans (India) Gurgaon opined that the increment method of fixation of notional pay for revision of pension can not be implemented.
5.2.2 There was a general agreement among the Associations that in the absence of the service records and keeping in view the human effort required, it would be extremely difficult to determine the
number of increments earned on the last post for calculating the revised pension of pre-2016 pensioners. Most of these Associations preferred the Pay Fixation method over the Increment Method.
5.2.3 The representatives of the JCM (Staff side) mentioned that in their representation to the Seventh Pay Commission, they had suggested revision of pension of pre-2006 pensioners by notional Pay
Fixation in each successive Pay Commission period. However, Pay Commission recommended the revision of pension by fixing the notional pay on the basis of increments earned in the last post.
5.2.4 The representatives of the JCM (Staff side) agreed that the increments method recommended by the Pay Commission for fixation of notional pension for revision of pension of pre-2016 pensioners may
result in anomalies and that the method of notional pay fixation in each intervening Pay Commission is a much more rational and scientific method and would ensure smooth and faster revision of pension. The
pay fixation method would benefit almost all pre-2016 pensioners.
5.2.5 The JCM (Staff side) mentioned that the Cabinet has approved revision of pension by Formulation 1 (Increment Method), if its implementation is found feasible after examination by the Committee.
They mentioned that in addition to the Service Book/ Personal File, the details of increments earned can be ascertained from the Gradation/ Seniority List issued by the Departments from time to time. Therefore, one cannot say that Formulation 1 recommended by the Pay Commission is not feasible on the grounds of non-availability of records.5 2.6 It may be mentioned here that as per the Central Secretariat Manual of Office Procedure, the Civil List Gradation/Seniority list is required to be retained by the Department for a period of three years. It is, therefore, unlikely that the Gradation list or the Seniority List in respect of the employees who retired long ago would be available in the Departments. Moreover, while the Gradation/Seniority list may contain the date of promotion to the last post before retirement, the pay fixed on the date of such promotion is not available in that list. Therefore, it may
not be possible to accurately determine the number of increments actually earned on the last post before retirement from the Gradation/Seniority List 5.2.7 In regard to the perceived anomalies, the Staff side stated that anomalies arose in implementation of the recommendations of all previous Pay Commissions. Such anomalies can always be rectified through the mechanism of Anomaly Committee.

5.2.8 JCM (Staff side) mentioned that since the increment method recommended by the Seventh CPC has been accepted by the Cabinet subject to its implementation being found feasible by the Committee, a small number of pensioners who are likely to get higher benefit by increments method (mostly retired before 1.1.1996) may feel aggrieved if their pension is not revised by that method. This may lead to litigation
5.2.9 Staff side suggested that both the formulations i.e. Increments Method as well as Pay Fixation Method may be offered to the pre-2016 pensioners along with the 2.57 Fitment Method (already
implemented) and they may be asked to choose one of these formulations for revision of their pension w.e.f. 1.1.2016. This may also reduce the chances of anomalies on account of implementation of the
Increments Method.5.2.10 Minutes of the meetings with the pensioners associations in
the SCOVA and the staff side of the JCM are at Annexure-15 to Annexure -17.
5.3. Meeting with Defence pensioners’ associations and the serving officers of the Services
5.3.1 The members of the Defence pensioners’ associations and the serving officers of the Services were also invited for a meeting with the Committee on 2.12.2016. The views expressed by them are as follows:
Group Capt (Retd) Ashok Seth, Secretary, Airforce Association, N. Delhi agreed that increment method may not be a good formulation and preferred pay fixation method.
Lt Gen (Retd ) Balbir Singh, Lt Gen. (Retd ) V. Chaturvedi and Brig. (Retd.) Kartar Singh of Indian Ex-Service League, New Delhi stated that the increment method is not implementable and would lead to anomalies therefore, the pensioner may be given the choice to get his pension revised under fitment method or actual pay fixation method whichever is more beneficial to him.
• Col. (Retd ) H N Handa, President, Disabled War Veterans ( India), New Delhi stated that increment method is not feasible.
• Brig. J.K. Rao, Dy. Chairman, & APCC, speaking on behalf of the three Services, mentioned that records would be available for working out the number of increments earned in the last post. He however, indicated that there may be difficulties in implementation of increment method and that there would be anomalies. Therefore, the pay fixation method would be preferable. Summing up the position for the defence pensioners he said that revised pension as on 31 December 2015 multiplied by 2.57 or pay fixation method whichever is beneficial should be given to pre2016 defence pensioners He added that in case the increment method is implemented in respect of the Civil pensioners then the benefit of that method may also be extended in the case of Defence pensioners.
5.3.2 There was a general consensus in the meeting held on 2.12.2016 that the increment method recommended by the Seventh CPC for notional pay fixation for revision of pension is not a feasible
option and that the Pay Fixation method is a viable option in this respect. Minutes of the meeting held with the Defence pensioners’ associations and the serving officers of the Services are at Annexure-13.
associations as well as the JCM- Staff side. The Commission stated that there is a distinct transition in the views taken by the successive pay commissions and the Government towards bringing parity between past and present pensioners. The transition started with the Third CPC and was further strengthened by the Fifth CPC recommendation for notional fixation of pay before calculation of pension. The Fifth CPC further introduced the concept of modified parity i.e. the revised pension will not be less than 50% of the minimum of the revised pay scales. This concept of modified parity was also recommended by the Sixth CPC.
​( Note: Then Additional Secretary DOP&PW had very cleverly avoided All India level Pensioners Federations & Associations like Bharat Pensioners Samaj, AIFPA Chennai & NFRP Palghat who had pleaded for 100% parity before the 7th CPC and called smaller associations to represent pensioners case before the Committee)​

Release of 54% Dearness Relief to West Bengal Pensioners

Discriminatory order of GOI Ministry of Communication Department of Telecommunication Vide No 47-62/2015-Pen(T) dtd 5th September 2017

DA raised to 5% wef 01.7.017- orders issued

MoS Dr Jitendra Singh inaugurates first ‘Pension Adalat’ today Anubhav Awards 2017 presented to 16 pensioners Minister launches Mobile App to avail the services of Pensioners’ Portal

$
0
0
MoS Dr Jitendra Singh inaugurates first ‘Pension Adalat’ today

Anubhav Awards 2017 presented to 16 pensioners

Minister launches Mobile App to avail the services of Pensioners’ Portal
The Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh inaugurated the first ‘Pension Adalat’ here today at the Pre-Retirement Counselling Workshop organised by the Department of Pension & Pensioners’ Welfare, Ministry of Personnel, Public Grievances and Pensions, Government of India. He also presented the ‘Anubhav’ awards 2017 to 16 pensioners for their contribution towards creating institutional memory for the departments. On the occasion, Dr Jitendra Singh launched a Mobile App that has been created to avail the services of Pensioners’ Portal. The Secretary to President Shri Sanjay Kothari was the Guest of Honour. 

Addressing on the occasion, Dr Jitendra Singh congratulated the recipients of ‘Anubhav’ awards. He said that under Anubhav, the retiring employees give an account of their experiences during service. These experiences are of great help to the Government, he added. He said that these experiences will become an important account for research and resource for administrative reference and thus will help in improving our working. 

While inaugurating the first Pension Adalat, he said that Pension Adalats will help in on the spot redressal of pensioners’ grievances. He said that this will also inspire the states. He appealed to the states to implement the good governance measures taken by the Government. 

The Minister said that a number of reforms have been undertaken by the Government to facilitate the pensioners. Highlighting the initiatives of the Government, he said that one of the main initiatives taken was to fix the minimum pension at Rs 1,000. He said that other initiatives such as Bhavishya, Sankalp, Jeevan Praman-digital life certificates, doing away with the obsolete laws and self attestation, among others have also been taken. He said that a mechanism has been put in place where pensioner will get PPO on the day of his retirement. He further said that the retired population is increasing in India and we should do our best to channelize their energies in a positive manner. There should be smooth transition from their active life to retired life, he added. The pensioners should re-orient themselves to the new beginning, the Minister said. 

Shri C. Viswanath, Secretary (Pensions) said that the aim of the department is to provide a life to dignity to the pensioners post-retirement. He said that the pension and gratuity amount has also increased considerably. He further said that about 90% pension accounts have been seeded with Aadhar. He said that Mobile App for Pensioners’ Portal is an initiative of moving from e-governance to m-governance. He said that about 3,700 write ups have been published under Anubhav. Shri Viswanath said that Pension Adalat will help resolve the grievances of pensioners. In future, the Pension Adalats will be set up in other places outside Delhi also, he added. 

The Mobile App will extend all the services meant for the pensioner, which are currently available on the Pensioners’ Portal of the department, to the mobile handset. The Pensions Portal’s features include Personalised Pension Process Road Map, Bhavishya, Pension calculator, CPENGRAMS and What is New. A pensioner can avail various services on it such as checking the date of credit of his first pension, action taken, calculating the commuted pension and giving feedback. Under ‘What is New’, the new orders issued by the department will be available. 

The Pension Adalats are being convened with the objective of bringing on a common table the aggrieved pensioner, the concerned department, the bank or CGHS representative, wherever relevant, so that such cases can be settled across the table within the framework of extant rules. 

The Anubhav scheme had been instituted on the call of Prime Minister Shri Narendra Modi to encourage retiring/retired employees to submit their experiences while working in the government with the objective to create an institutional wealth for the government for future governance as well as to enthuse and inspire the future generations of government officials in their respective assignments. 

Senior officers of the Department were also present on the occasion. 


Recovery of excess/ wrongful payments made to employees in BSNL: Implementation of Supreme Court judgement

$
0
0

BHARAT SANCHAR NIGAM Ltd.
(A Government of India Enterprise)
Corporate Office, (PAT SECTION)
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi - 110 001.

No.1-6/ 2016-PAT (BSNL)
Dated 19.09.2017
To
All Heads of Telecom Circles/Telephone Distt./Regions/Projects/Telecom
Stores/Telecom Factories & other Administrative offices
Bharat Sanchar Nigam Limited.


Sub: Implementation of Supreme Court judgment on recovery of excess/ wrongful payments made to employees in BSNL - reg.

Sir,
Vide this office letter of even no. dated 09.09.2016 and 23.03.2017, instructions have been issued to examine the cases of excess/ wrongful payment made to BSNL employees and send the cases, wherever, waiver of the excess / wrong payment is considered necessary in the light of the decision dated 18.12.2014 of Hon’ble Supreme Court in the case of State of Punjab & ors. Vs Rafiq Masih (White Washer) etc. in CA No. 11527 of 2014. Further, instructions have also been issued on 08.05.2017 to send the details of such cases SSA-wise in a specified proforma.
2. It is relevant to mention that Hon’ble CAT Principal Bench, New Delhi in its judgment dated 12.05.2017 in CA No. 792/ 2016 in matter of Navneet Rai Rishi Vs UOI ors. has dismissed the case of the applicant for refund of amount which has already been recovered. The operative portion of the judgment is as follows:
‘The judgment of the Horible Supreme Court in State of Punjab and ors. Vs Rafiq Masih (whitewasher) and ors. ((2015)4 SCC 334), which, for equity, prohibits, in certain situations, recovery from employees, where payments have mistakenly been made by employer, in excess of their entitlement, is in applicable to the present case. Further, in High Court of Punjab and Haryana and ors. Vs Jagdev Singh ((2016) 14 SCC 267), the Hon'ble Supreme Court held that the principle of non-recovery from retired employees would not apply in the case of an employee put on notice at the time of payment that any excess payment would be required to be refunded.
3. The matter of recovery has been further examined in consultation with legal branch of CO BSNL which has opined that the decision of Hon’ble Supreme Court (in the matter of Rafiq Maish (white washer)) is aimed to expiate the hardships due to recovery of wrongful overpayment. Also the Hon’ble Supreme Court vide its judgment has clearly summarized the model situations wherein recoveries by the employers would be impermissible in law. DOP&T and the DOT has also conveyed their guidance / decision for appropriate implementation (as conveyed vide this office letters dated 09.09.2016 and 23.03.2017).

In view of above, I am directed to convey that:

(a). Circle is, hereby, authorized to take a decision based on factual position in individual cases pertaining to Non-executive cases for waiving of recovery prior to the date of issue of DOP&T OM No. 18 / 26 / 2011-Estt. (Pay-I) dated 06.02.2014.

(b). After issuance of DOP&T OM dated 06.02.2014, all recovery cases of Non-executives are to be sent to BSNL Corporate office as per the procedure prescribed in this office letter dated 23.03.2017.

(c). In case of Executives, all recovery cases are required to be sent to Corporate office as prescribed in this office letter dated 23.03.2017.
4. In respect of 3(b) and 3 (c) above, the details of the case shall be sent to BSNL CO in the

 following format:
Category of employee (Executive / Non-executive)
Nature of recovery
Reason for wrong implementation
Recommendation  of Circle
(Yes / No)
Justification  for
Remark
(1)
(2)
(3)
 (4)
(5)
(6)

Yours faithfully,

(Sheo Shankar Prasad)
Dy. General Manager(Estt.-I)




Put info on hospital beds online to help patients: HC 

$
0
0

NEW DELHI: Shocked at the death of a newborn in a government hospital, the Delhi high court on Friday took suo motu notice of a TOI report published on Thursday.

A bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar also recommended putting all information on bed occupancy and other facilities online so that patients know where the nearest best medical assistance could be availed.

"Perhaps if this information was available to the family of the newborn in the newspaper report, the life of the child could have been saved," the bench observed.

It said that the TOI report "highlights difficulties faced by the patients for want of information regarding facilities and capacity of the hospitals and also the status about the utilisation of these facilities on any public platform," the court observed, adding that such information would 'obviate' distress to the public and 'ensure availability' of medical help at the earliest.

HC acted after advocate Ashok Aggarwal brought to its notice the news report that a newborn died as the family failed to get ventilator-fitted bed in four government hospitals. It issued notice to the Centre, the Delhi government and the three corporations, who run hospitals in Delhi.

"Given the availability of websites and internet connectivity, it would appear justified if all information in this regard especially, the position with regard to bed occupancy at a particular point of time is made available to the public," it said. The court asked the authorities concerned to examine the issue and file their report within four weeks and fixed the matter for further hearing on November 21.

The report stated the newborn girl died at the Jag Pravesh Chandra hospital in northeast Delhi because it had no ventilator support, while the three other government hospitals had refused admission saying no critical care beds were available.

As per a report, the baby, after a normal birth on September 20, was diagnosed with birth asphyxia which causes less oxygen to go to the brain and necessitates ventilator support.
Courtesy:TOI 23.9.17

 Prescription of Medicines by Generic and legible prescriptions by Generic names

$
0
0
Government of India
Ministry of Health and Family Welfare
Department of Health & Family Welfare
Directorate General of CGHS
Office of the Director,CGHS
No: Z 15025/83/2017/DIR/CGHS
545-A Nirman Bhawan, New Delhi
Dated the 8th September, 2017
OFFICE MEMORANDUM
Subject :- Prescription of Medicines by Generic and legible prescriptions by Generic names
With reference to the above mentioned subject attention of the Chief Medical Officers and other Medical officers of all CGHS Wellness Centres and Specialists of CGHS is drawn to the instructions issued by Ministry of Health & Family Welfare has vide Z 25015-H-l dated 18th April, 2017 reiterating the regulations of MCI as amended vide Notification dated 215t November 2016 for strict adherence.
“Every Physician should prescribe drugs with generic name legibly and preferably in Capital letters and he/she shall ensure that there is a rational prescription and use of drugs.”
Therefore, the Chief Medical Officers and other Medical officers of all CGHS Wellness Centres and Specialists of CGHS shall comply with the Notification of MCI to ensure that prescription is only by generic name wherever generic drugs are available
sd/-
(Dr. D.C.Joshi)
Director, CGHS
Authority: http://cghs.gov.in/

Petition 1.To Sh Ravi Shankar Prasad Hon’ble Union Minister of Law & Justice and 2.To Dr Jitendra Singh Hon’ble Union Minister of State (Independent Charge) Development of North -Eastern Region (DoNER), MOS PMO, Personnel, Public Grievances &Pensions, Atomic energy and Space

$
0
0
Petition
1.To Sh Ravi Shankar Prasad
Hon’ble Union Minister of Law  & Justice  and
2.To Dr Jitendra Singh
Hon’ble Union Minister of State (Independent Charge) Development of North -Eastern Region (DoNER), MOS PMO, Personnel, Public Grievances &Pensions, Atomic energy and Space
Respected Sirs,
 Subject :  Applicability of Supreme Court Judgements to all similarly placed Pensioners.
Bharat Pensioners Samaj On behalf of Pensioners who are in the evening of their lives plead before you to cause to issue a general order to apply all legally settled Pension/service matters to all similarly placed pensioners without pushing each one of them to Courts to seek redress on the same issue.
Sirs   It is a settled principle of law That when there are similarly situated persons the Government should on its own grant the same relief to the others and should not force similarly situated employee to approach the court, this ratio has been laid down by the Hon’ble Apex Court in a cantina of judgment including Ram Praksh Dhawan v. state of Punjab (1997 (2) SCT 589). Sathyapal Singh v. State of Haryana (1999 (2) SIJ 371). Gopal Krishan Sharma Vs. State of Rajsthan (1993 SCC (I & S) 544). In Amrit Lai v. Collector of central Exise, Delhi (1975 (1) SLR 153 SC) the Hon’ble Apex Court Held as follows:-
"When a citizen aggrieved by the Govt, department has approached the court and obtained a declaration of law in his favors. Others in like circumstances should be able to rely on the senses of responsibility of the department concerned and to accept that they will be given the benefits of declaration without need to take their grievances to the court”
Kindly take a call to make the lives of elderly little more comfortable by causing to issue a general order to extend the benefits of judgements (which have attained legal finality) to all similarly placed persons
With regards
Thanking you in anticipation
Truly Yours,

Er S.C.Maheshwari

Secretary General ,Bharat Pensioners Samaj

IN THE CENTRAL ADMINSTRATIVF. TRIBUNAL HYDERABAD BENCH HYDERABAD OA. NO. 021/01291/2015 Date of Order 18.07.2017

$
0
0
IN THE CENTRAL ADMINSTRATIVF. TRIBUNAL HYDERABAD BENCH HYDERABAD
OA. NO. 021/01291/2015  Date of Order 18.07.2017
Between M Gunesh. S/o M S R Murthy Aged 72 years. Occ Retd. Assistant Mining Engineer,
o/o the Controller General, Indian Bureau of Mines, Nagpur,
... Applicant
And Union of India, rep. By the Secretary. Govt. Of India, M/o Personnel,
Public Grievances & Pensions, Deptt. Of Pension & Pensioners Welfare, Loknayak Bhaw an. Room No 330-C, 3rd Floor, Khan Market, New Delhi - 110 003
Facts of the case:
Communicated vide letter No/2014/Conf„ dated 21.10.2014 and declare the action of the respondents in rejecting the claim of the applicant for Dearness Relief as illegal, unjust arbitrary, discriminatory and is in violation of the low decided by the Hon'ble Supreme Court and set aside and quash the said letter dated 26/29.09.2014 and direct the respondents to release the payment of Dearness Relief admissible to the applicant from the date on which the applicant was allowed to take Voluntary Retirement from IBP Company Limited (earlier called as Indo Burma Petroleum Company Limited i.e. 19.10.1994 till 01.11.2001 (i.e., the date on which l/3rd pension was restored) and also release the other benefits like Interim Relief granted by the Central Government during the said period and any other benefits which were accrued to the applicant on par with other retirees of Central Government duly praying interest @ 12% pa on such payments till the pay is released and grant all consequential benefits to the applicant and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case in the interest of justice.”
2. The brief facts of the case are that the applicant while working as Assistant Mining Engineer in the Indian Bureau of Mines (IBM), Department of Mines, went on deputation to The indo-Burma Petroleum from 01.11.2001. However, the retirement did not release the dearness relief from 19.10.1994 to 01.11.2001. The applicant submitted several representations to the respondent Ministry and also to the 2nd respondent. Inspite of the settled position of law and also the ratio laid down by the Hon’ble High Court of AP in W.P.No.21824/2010 for the release of the balance of pension and dearness relief for the pre-restoration stage, the 3rd respondent passed the impugned orders stating that the order passed by the Hon’ble High Court is applicable to the petitioner therein only. On this ground, his claim for dearness relief was not processed. The applicant's case is that in the light of the law decided by the Hon'ble High Court of AP and implemented in other Central Government Departments, me denial nf his request is not valid in law.
3.      The applicant contends that on account of rejection of his claim for dearness relief, he has sustained monetary loss to the extent of Rs, 1,46,000/-. Apart from the above, the other benefits like interim relief on the full basic pension due to him have not been released. It is submitted by the applicant that said action of the respondents is in violation of the law laid down by the Hon’ble Supreme Court in P V Sundara Rajan v. Union of India in which it has been held that even if a pensioner commutes 100% pension, such pensioners would be entitled to dearness allowance at pre-restoration stage as in the case of other Central Government pensioners. It is also pointed out to that the Hon’ble High Court of AP had placed reliance on the said judgment of the Hon'ble Supreme Court while deciding WP.No.21824 of 2010.
4.It is further contended by the applicant that judicial interpretation would prevail over the rules even if such rules are not amended. Further, the judgments relied upon by him are not judgments in persona and are in fact judgments in rem, which contain discussions with regard to the provisions of the CCS (Pension) Rules, 1972. Thus, the action of the in not releasing the dearness relief admissible to the applicant from 19.10.1994 i.e. the date on which he was allowed to take voluntary' retirement from IBP till the date on which his pension was restored on 01.11.2001 is in violation of the law settled by the Hon'ble Supreme Court and also in violation of Articles 14, 16, 21 and 144 of the Constitution. The applicant further points out that the ratio decided by the Hon’ble Supreme Court has already been considered by this Tribunal in O.A. No. 85/2014, dated 17.08.2015.

Held as follows:

16.     It is a settled principle of law Thai when mere are similarly situated persons the Government should on its own grant the same relief to the others and should not force similarly situated employee to approach the court, this ratio has been laid down by the Hon’ble Apex Court in a cantina of judgment including Ram Prakash Dhawan v. state of Punjab (1997 (2) SCT 589). Sathya pal Singh v. State of Haryana (1999 (2) SIJ 371). Gopal Krishan Sharma Vs. State of Rajasthan (1993 SCC (I & S) 544). In Amrit Lai v. Collector of central Excise, Delhi (1975 (1) SLR 153 SC) the Hon’ble Apex Court Held as follows: -
"When a citizen is aggrieved by the Govt, department has approached the court and obtained a declaration of law in his favors. Others in like circumstances should be able to rely on the senses of responsibility of the department concerned and to accept that they will give the benefits of declaration without need to take their grievances to the court”
17. Having held that the facts of this case are identical to that of O.A.No.242/2009 upheld by the Hon’ble High Court of AP at Hyderabad in W.P.No.21824/2010, the applicant who is a similarly situated pension is entitled to the same relief. Further, the judgment relied upon by the respondent are not relevant for denying the claim of the applicant In the result, the OA is allowed. There shall be a direction to the respondent to release the dearness relief and benefits like interim relief granted by the Central Government from the date on which he took voluntary retirement from IBP on 19.10.19 till the date on which his 1/3" pension was restored. Three months’ time is granted for compliance. In raw, the payment d no released within the aforesaid period, the applicant shall also be entitled to interest at the rate applicable to GPF deposit from the date on which he has approached this Tribunal seeking hit legal remedies.

18. No order as to costs.
Viewing all 4892 articles
Browse latest View live


<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>