Date of Birth on 1st January 1956 forced him to retire a month advance affects his 7th CPC benefits
A government servant who was born on 1st January 1956 was forced to
retire on 31 st December 2015 as per the provision of CCS Rules. As a
result of this he would be categorised as Pre 2016 Pensioner and he will
be incurring huge financial loss due to this. He made an appeal to
raise this issue at appropriate Level. JVSR Krishna writes about this…
A Govt Servant’s Appeal, who retired on 31-12-2015 which made him pre 2016 Pensioner
Extension of 7th CPC benefits to those employees having date of birth on
01/01/1956 and retired on 31/12/2015. Except 1st Jan. all others will
be benefited. This will happen once in 10 years during the pay
commission year.
Hence, this genuine issue may please be raised at the appropriate forum.
AS YOU ARE AWARE PRESENTLY VARIOUS MINISTRIES/DEPARTMENTS ISSUE ORDERS
TO RETIRING OFFICIALS ON SUPERANNUATION, BORN ON THE 1st OF A MONTH, ON
THE LAST DAY OF THE PRECEDING MONTH. ACCORDINGLY, SIMILAR ORDERS ISSUED
TO ME EFFECTING FROM 31ST DECEMBER, 2015. AS A RESULT OF WHICH, I WOULD
BE CATEGORIZED AS PRE-2016 PENSIONER.
IN THIS CONNECTION I BEG TO SUBMIT AS FOLLOWS:
IN THIS CONNECTION I BEG TO SUBMIT AS FOLLOWS:
(i) Prior to the practice/instructions/rules of retiring on
superannuation of all those born on the 1st of a month on the afternoon
of the last day of the preceding month, Article 14 of the Civil Service
Regulation which were being followed for decades provided that an
officer whose date of birth was the 1st day of a month ceased to be on
duty on attaining the age of superannuation on his 61st Birthday.
Besides, the AUDIT INSTRUCTIONS below FR 56 as existed then had similar
provision. This rule applied to all Government servants, whether civil
or military.
(ii) The other statutory Rule 5(2) of the Central Civil Service
(Pension) Rule, 1972 framed under Article 309 of the Constitution of
India also provided that “The day on which a Government servant retires
or is retired or is discharged or is allowed to resign from service, as
the case may be, shall be treated as a non-working day.
(iii) According to Rule 83(1) of the Pension Rules, 1972 framed under
the Article 309 of the Constitution of India, as existed earlier also
provided that pension becomes payable from the date on which Government
servant ceases to be born on the establishment.
(iv) Even at present, Leave Preparatory to retirement has to be till the
date one attains the age of superannuation. According to the
Rules/instructions one retires on superannuation on the date of birth of
the relevant year and pension is payable from that date.
(v) According to the Halsbury’s Law of England “In computing a period of
time, at any date, when counted in years or months, no regard is
generally paid to fractions of a day, in the sense that the period is
regarded as complete although it is short to the extent of fraction of a
day. Similarly, in calculating a person’s age, the day of his birth
counts as a whole day; and he attains a specified age on the day next
before the anniversary of his birth day.”
(vi) As the current practice/instructions/rules was discriminatory
against all those born on the 1st of a month and harshly operating
against them, particularly with reference to pensioners / terminal
benefits.
(vii) When, those born on other than 1st, attained the age of
superannuation they were deemed not to have attained the same and
allowed to continue till the last of the month, whereas those born on
the 1st deemed to have attained the age superannuation on a day before
the last day of the preceding month. In other words the date of birth of
those born on the 1st , is being changed from the 1st to the last day
of the preceding month.
(viii) The applicant would not be at par with those born on the 2nd on
wards in as much as they would superannuate on the last day of January,
2016 as against 3Ist December, 2015 for the applicant. As a result,
there would be two separate groups- one those born between 2nd and 31st
and the other those born on the 1st – resulting in discrimination
against those born on the 1st.
(ix) Based on the recommendations of the 3rd CPC it was decided that the
date of annual increment would be the 1st of a month irrespective of
fact whether one completes one year on the last day of the month.
Similarly, it was also decided that all those born on the 2nd on wards
would retire on the last day of the month irrespective of the fact
whether he attains the age on the age of superannuation on the 1st of
the month. Based on the principle of annual increment it was also
decided that enhanced pension at the age of 80 years etc. would also be
granted from the 1st of a month irrespective of the fact whether one
attains that age on the 30th of the month.
(X) I WOULD BE ATTAINING THE AGE OF SUPERANNUATION ON THE 31ST DECEMBER,
2015, WHICH WOULD BE A WORKING DAY FOR ME AND I WILL BE PAID PAY AND
ALLOWANCES FOR THAT DAY ALSO.
(XI) I WOULD NOT START GETTING PENSION FROM THAT DATE, I.E., THE 31ST
DECEMBER, 2015. PENSION WOULD START WEF 1ST OF JANUARY, 2016. AS SUCH I
WOULD BECOME A PENSIONER FROM 1ST OF JANUARY, 2016.
(XII) WHILE GRANTING COMMUTATION FACTOR, FOR THE INDIVIDUAL HAVING DATE
OF BIRTH FROM 2ND TO 31ST OF THE PRECEDING MONTH AND THE INDIVIDUAL
HAVING DATE OF BIRTH 1ST OF NEXT MONTH ALSO HAVING SAME FIGURE IN BOTH
THE ABOVE, NEXT BIRTH DAY DATE WILL BE DIFFERENT AND COMMUTATION FIGURE
ALSO SHALL BE DIFFERENT.
(XIII) FR 5-A STATES “WHERE ANY MINISTRY OR DEPARTMENT OF GOVERNMENT IS
OF OPINION THAT THE OPERATION OF ANY OF THESE RULES MAY CAUSE UNDUE
HARDSHIP TO ANY PERSON, THAT MINISTRY OR DEPARTMENT, AS THE CASE MAY BE,
MAY BY ORDER, FOR REASONS TO BE RECORDED IN WRITING, RELAX THE
REQUIREMENT OF THAT RULE TO SUCH EXTENT AND SUBJECT TO SUCH CONDITIONS
AS IT MAY CONSIDER NECESSARY FOR DEALING WITH THE CASE IN A JUST AND
EQUITABLE MANNER”.
It is also to bring to your kind notice that I will be incurring a huge
financial loss by effecting my retirement on 31st Dec, 2015, the day on
which my pay & allowances are paid and treated as in service.
IN VIEW OF THE FACTS AND LEGAL POSITION MENTIONED ABOVE IT IS REQUESTED
THAT ORDERS MAY KINDLY BE GET ISSUED, RETIRING ME EFFECTIVELY WITH
EFFECT FROM THE 1ST JAN, 2016, ON ATTAINING THE AGE OF SUPERANNUATION ON
THE 31ST DECEMBER, 2015. AS A RESULT, TREATING THE INDIVIDUAL AS
POST-2016 PENSIONER.
By JVSR KRISHNA
