F. No.
42/7/2013-P&PW(G)
Government of India
Ministry of Personnel, Public
Grievances & Pensions
Department of Pension &
Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi - 110003
Dated : 12th June, 2013
OFFICE MEMORANDUM
Subject: Minutes of the meeting held on 28.5.2013 with
the representatives of Staff Side, National Council (JCM) on pensionary matters.
The undersigned is directed to enclose herewith a copy of
minutes of the meeting held on 28.5.2013 with the representatives of the Staff
Side, National Council (JCM) on pensionary matters under the Chairmanship of
Secretary (Pension, AR&PG) in room No. 310, Lok Nayak Bhawan, Khan Market,
New Delhi for information/necessary action.
sd/-
(Sujasha Choudhury)
Dy. Secretary (P)
DEPARTMENT OF PENSION &
PENSIONERS’ WELFARE
MINUTES OF THE MEETING WITH THE REPRESENTATIVES OF STAFF
SIDE, NATIONAL COUNCIL (JCM) ON PENSIONARY MATTERS UNDER
THE CHAIRMANSHIP OF SECRETARY (PENSION, AR&PG) ON 28.5.2013
AT LOK NAYAK BHAWAN, NEW DELHI
Secretary (Pension, AR&PG) chaired a meeting with the
representatives of Staff Side, National Council (JCM) on 28.5.2013 to discuss
various issues relating to pension and other retirement benefits. The list of
participants is at Annexure - I. Secretary (Pension, AR&PG) welcomed the
participants and appreciated the contributions of the pensioners in the overall
development of their respective organisation.
2. The meeting started with a discussion on the Action
Taken Report on the minutes of the meeting held on 6.11.2012 as per details
given below :
(i) Ex-gratia payment to SRPF/CPF beneficiaries who
retired other than on superannuation, i.e. voluntary retirement and medical
invalidation cases.
Department of Expenditure has given clearance for deletion of clause of 'c' of para 2 of OM dated 22.3.2004 which prohibits grant of ex-gratia payment to those, who retired from service other than on attaining the prescribed age of superannuation. With this, CPF beneficiaries who have retired voluntarily and on medical grounds after 20 years of service will also be granted ex-gratia. It was decided that this agenda item will be closed after issue of a revised OM by the DOP&PW. Ministry of Railways will also issue similar orders.
Action DOP&PW and Ministry of Railways
(ii) Raising quantum of ex-gratia to CPF retirees on the
lines of SRPF.
The latest status of the case was intimated to the JCM. After the issue of orders by this Department, consequent to the decision of Cabinet the item may be dropped.
Action : DOP&PW
(iii) Abnormal delay in the issue of revised PPO to Pre
- 2006 retirees, pensioners / family pensioners.
(i) It was intimated that the Department had taken the following initiatives like (a) allowing change in date of birth of spouse, (b) use of certain documents as proof of date of birth of spouse, (c) inclusion of present postal address and mobile and telephone number in the life certificate (d) use of e-scroll for extracting information from banks’ database. (e) revision of PPOs even in cases where date of birth/age of spouse is not given in the PPO or this information is not available In the omce records for speedy revision of PPOs.
(ii) As a result, the number of pending revision cases for
civil pensioners has come down from 2,54,467 in August, 2012 to 74,000 as on
April, 2013 as per information given by the CPAO on the basis of e-scrolls.
(iii) However, amendment in calculation of revised pension,
vIde OM dated 28.1.13, has necessitated issue of revised authority in all
cases, as indicated in OM dated 13.2.13.
Secretary (Pension, AR&PG) stated that
record/information of many pensioners are not available with the Departments,
which is hampering further progress and the Pensioners Associations should come
forward to help the departments in reaching out to the pensioners/family
pensioners. He further stated that Secretaries of various Departments have been
requested to review the issue of revision of PPO in the fortnightly/ monthly
meetings.
Railways stated that in case of pre 2006 pensioners
advertisement has been issued. Matter was taken up with RBI to issue
notification to all banks. Out of 10.89 lakh such cases, 5.46 have been issued
revised PPOs. Meetings ere generally held at various levels. 30th September,
2013 has been set as the target date for disposal of these cases. The progress
is being reviewed every month. It has also been decided to take up the revision
of PPOs suo-moto rather than waiting for an application from the pensioner. The
said letter is under issue. Secretary (Pension, AR&PG) desired that the same
may be issued by 15th June, 2013.Secretary, Pension des,red that necessary
chances in systems may be made if that would facilitate the pension sanction
and payment processes in the Raliways. The present pension authorisaton is
decentralised In the Railways. Secretary, Pension also stated that he will
write to the Chairman, Railway Board in this matter.
CGDA, Ministry of Defence intimated that they hope to
complete the exercise by 30th September, 2013.
Action : CPAO, Ministry of Railways,
Ministry of Defence & DOP&PW
(iv) Fixation of Revised Pension (1/3rd of commuted portion
of pension) in respect of Government servant who had drawn lump sum payment on
absorption - revision by multiplying pre revised 1/3rd pension by a factor of
2.26.
CAT, Hyderabad Bench, vide its order dated 22.4.2013, has directed, to pass an order for revision of pension of absorbee pensioner’s. The Staff Side was informed that the matter was under examination in consultation with Department of Expenditure.
(V) Commutation of Pension
(a) Revision of old / new commutation table and
(b) Restoration of commutation period to be reduced from 15 to 12 years.
It was explained that the matter of revision of old/new commutation table was discussed with Department of Expenditure. It was observed that this issue should be considered by the next pay commission.
JCM intimated that by the new commutation table, the
restoration of the commuted portion is completed by 11 years because interest
rate is at 8% unlike the old table wherein the restoration period was after 15
years because interest rate was taken at 4.75%. Department of Expenditure
stated that issue for this old/new commutation table can be studied only by a
specialised body and hence could be looked into by the IRDA. However, these are
larger issues for which a holistic view needs tobe taken by a body like the Pay
Commission. However, the matter may be referred to Department of Expenditure.
(vi) Family pension to divorced/Widowed/Unmarried
daughter of a Government Servant.
Difficulty faced by them in getting family pension sanctioned.
Difficulty faced by them in getting family pension sanctioned.
Life Time Arrear.
JCM did not raise any specific point in this regard. In
fact, it was mentioned by the JCM members that the legal view on the issue of
nomination of life time arrear of family pension is that since he/she has not
earned the family pension he/she also can not have the right to nominate. As
such, the matter may be dropped.
(vii) Payment of arrears of pension/family pension on
account of revision of pension/family pension with effect from 1.1.2006.
Specific case of bank In Chandrapur.
It was informed that the matter was taken up with CPPC,
Mumbal (SBI), who informed that the payment to pensioners is being made and
there is no such case where pension has not been revised as per 6th CPC. Hence
the matter may be dropped.
(viii) Payment of Pension to the spouse of pensioners
through S.B. account opened jointly with spouse
- Problem in SBI.
CPAO has informed that necessary instructions in this
regard have been issued to all CPPCs with the direction to bring the contents
to the notice of all paying branches. CPAO was requested to give a copy to the
JCM. It was decided to drop the matter.
3. The representatives of JCM also desired the status of
eight agenda items sent by Shri Shiva Gopal Mishra, General Secretary, AIRE
which were not included may also be intimated clearly. This may be informed to
him separately.
4. After above discussion on Action Taken Report on the
minutes of meeting dated 6.11.2012, fresh agenda items were taken for discussion
which are as under
(i) Equitable Gratuity under Rule 50 of Pension Rules.
Slabs are too wide leading to disparity.
Rule 50 of Pension Rus
provide the following death gratuity to the family of the deceased Government
servant.
|
SI.No.
|
Length of service
|
Rate of death gratuity
|
|
1
|
Less than one year
|
2 times of emoluments
|
|
2
|
One year or more but less than 5 years.
|
6 times of emoluments.
|
|
3
|
5 years or more but less than 20 years.
|
12 times of emoluments.
|
|
4
|
20 years or more.
|
Half month of emoluments for every completed six monthly
period of qualifying service subject to a maximum of 33 times of emoluments.
|
The JCM (Staff Side) has stated that the slab given at SI. No. 3 above is not equitable and suggested the following revision
|
3(i)
|
5 years or more but less than 11 years
|
12 times of emoluments.
|
|
3(ii)
|
11 years or more but less than 20 years
|
20 times of emoluments.
|
This issue was discussed in the JCM meeting. The present
slab of death gratuity was introduced w.e.f. from 1.1.1986 and was introduced
as per the recommendations of 4th Central Pay Commission, vide this
Department’s OM No. 2/1/1987-PIC-II dated 14.4.1987, This slab has not been
revised since 1986. In between, the 5th and 6th Pay Commission had submitted
their reports but no revision had been recommended. After discussions, it was
decided that the matter may be examined in consultation with Department of
Expenditure.
Action: DOP&PW
(ii) Extension of CS (MA) Rules, 1944 to Central
Government Pensioners residing in non-CGHS areas.
The Staff Side demanded that as in the case of serving
employees, the CS (MA) Rules may be extended to the pensioners also. This would
make pensioners in the non CGHS areas entitled for reimbursement of medical
expenses. Staff Side also mentioned that Honble Supreme Court has dismissed
some SLPs and allowed reimbursement of medical examination of pensioners, in
accordance with CS (MA) Rules.
The representative from Ministry of Health informed that
the proposal for extension of CS (MA) Rules 1944 to Central Government
pensioners was not agreed to in view of huge financial impliations. In regard
to the dismissal oF SLP flied by Department against order of courts/tribunals
for grant of medical benefits irn individual cases, Ministry of Health has
flied a review petition in Supreme Court. It was also informed that Ministry of
Health is contemplating Health Insurance Scheme on pan India basis keeping
special focus on the non CHGS areas. This Is expected to solve the problems of
pensioner’s living in non CGHS areas. The item was treated as closed.
(iii) Grant of modified parity with reference to the
Revised Pay Scale corresponding to pre revised Pay Scale of the post from which
an employee had retired — upgraded pay scale Instead of normal replacement
scales.
The JCM suggested that upgraded revised pay scales may be
notionally extended and used for pension fixation instead of normal replacement
scales.
It was informed that after the 5th Pay Commission also
modified parity was allowed with reference to replacement pay scales and not
with the upgraded pay scales. This decision of Government was also upheld by
Supreme Court in its judgement dated 23.11.2006 in the CA No. 3173-3174/2006
& 3188-3190/2006 (K. S. Krishna Swamy Vs. UOI). In the 6th CPC the same
principle has been followed in view of the above. It was informed that it would
not be possible to reopen this issue.Therefore, the Ítem may be closed.
5. The meeting ended
with a vote of thanks to the chair.
Source: AIRF
Source: AIRF
