Friday, August 31, 2012

Reduction in Pension and Recovery from Pension already paid. Reduction in Pension and Recovery from Pension already paid.By M. L. Kanaujia, IRSSE, CCE/N.E.Railway(Rtd.)



There is lot of confusion on the subject of Reduction in Pension already sanctioned and Recovery from Pension already paid.
1. Central Govt. Pensioners except Railway :
1.1. With regard to pensioners governed by the CCS(Pension) Rules 1972, the Rule 8 provide for clearly the provision in this respect. According to this, the pension cannot be reduced, once sanctioned and no recovery
from pension can be done, except , in case a pensioner has been convicted of serious crime by a Court of law or pensioner has been found guilty of grave misconduct, that too, after following the laid down procedure.
1.2 The expression `serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).
1.3 The expression `grave misconduct' includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned in
Section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.
1.4 Detailed procedure is provided in these rules if pension is to be reduced or recovery is to be effected , where pensioner is convicted of a serious crime or found guilty of grave misconduct.
1.5 These rules are therefore, very clear and unambiguous.
1.6 Rule 8 of CCS(Pension) Rules 1972, along with Govt. of India’s decisions, is attached herewith as Annexure 1 for ready reference. It may be mentioned here that these Rules do not cover Railway
employees/officers for whom Railway Service Pension Rules 1993 exist, which are discussed later in this write up.
2. Railway Pensioners :
2.1 Railway Services Pension Rules 1993 as amended up to
28.3.2012, Rule 8 and 9 provide for rules and procedure to be followed for reduction in pension and recovery from pension. According to this, the Pension is subject to future good conduct. Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules. The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.
2.2 Serious crime includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).
2.3 Grave misconduct includes the communication or disclosure of any secret official code or password or any sketch plan, model, article,note, documents or information, such as is mentioned in section 5 of the
Official Secrets Act, 1923 (19 of 1923) which was obtained while holding office under the Government so as to prejudicially affect the interests of the general public or security of the State.
2.4 Detailed procedure is provided in these rules if pension is to be reduced or recovery is to be effected , where pensioner is convicted of a serious crime or found guilty of grave misconduct.
2.5 The provision of rules 8 & 9 are, therefore, very clear and unambiguous.
2.6 However, there is further provision of Revision of pension after sanction contained in Rule 90 of Railway Services Pension Rules 1993 as amended up to 28.3.2012 which says “ Subject to the provisions of rules 8
and 9 pension once sanctioned after final assessment shall not be revised to the disadvantage of the railway servant unless such revision becomes necessary on account of detection of a clerical error subsequently.”
2.7 Detailed procedure has been given in Rule 90 when pension is to be revised to the disadvantage of the railway servant on account of detection of a clerical error subsequently.
2.8 Surprisingly, no details are provided in Rule 90 as to what would constitute a “clerical error”.
2.10 Provision of Rule 90 of Railway Services Pension Rules 1993 as amended up to 28.3.2012 are therefore, very “ambiguous” and are thus unlikely to stand in judicial review before a higher Court of law.
2.11 Railway Services Pension Rules , Rules 8, 9 and 90 are attached herewith as Annexure 2, for ready reference.
C. State Govt. Pensioners :
The State Govts., for their Employees/Officers/Pensioners and for Officers of All India Services, have, in some form or the other made rules exactly on the lines of CCS(Pension Rules) 1972.
D. Judicial Review :
A number of Judgments of various High Courts of India, are available,holding that pension once sanctioned cannot be reduced or recovery from pension made except when a pensioner has been convicted of serious
crime by a Court of law or pensioner has been found guilty of grave misconduct, that too, after following the laid down procedure in each case.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Annexure 1. Extract Rule 8 of CCS(Pension) Rules 1972 :
8. Pension subject to future good conduct
(1) (a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.
2(b) The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or
is found guilty of grave misconduct.
Footnote 2. Substituted by G.I., Dept. of Per. & A.R., Notification
No. 6 (A), Pen.(A)/79, dated the 19th May, 1980.
3Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of 4[rupees three hundred and seventy-five] per mensem.
Footnote 3. Inserted by G.I., Dept. of Per. & A.R., Notification No. F. 38 (4) Pen. (A)/80, dated the 8th August, 1980.
4. Substituted by G.I., Dept. of P. P.W., Notification No. 2/18/87-P. &P.W. (PIC), dated the 20th July, 1988, published as S.O. No. 2388 in the Gazette of India, date the 6th August, 1988.

(2) Where a pensioner is convicted of a serious crime by a Court of Law,action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.
(3) In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order under sub-rule (1),
(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the
notice or such further time not exceeding fifteen days as may be allowed by the 1[appointing authority] such representation as he may wish to make against the proposal; and Footnote : 1. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6
(A), Per. (A)/79, dated the 19th May, 1980.
(b) take into consideration the representation, if any, submitted by the
pensioner under Clause (a).(4) Where the authority competent to pass an order under sub-rule (1) is
the President, the Union Public Service Commission shall be consulted before the order is passed.
(5) An appeal against an order under sub-rule (1), passed by any authority other than the President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.
EXPLANATION. - In this rule, -
(a) the expression `serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);
(b) the expression `grave misconduct' includes the communication or disclosure of any secret official code or password or any sketch, plan,model, article, note, document or information, such as is mentioned in
Section 5 of the Official Secrets Act, 1923 (19 of 1923) (which wasobtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.
8. GOVERNMENT OF INDIA'S DECISIONS
Stoppage or reduction of pension for reasons other than misconduct not permissible Intimation of cases of convicted pensioners
(1) Stoppage or reduction of pension for reasons other than misconduct not permissible. - Pension are not in the nature of reward but there is a binding obligation on Government which can be claimed as a right. Their
forfeiture is only on resignation, removal or dismissal from service. After a pension is sanctioned, its continuance depends on future good conduct vide
Article 351, CSR [Rule 8, CCS (Pension) Rules, 1972] but it cannot be
stopped or reduced for other reasons.
[G.I., M.F., U.O. No. D-2776/E, V/52, dated the 8th May, 1959.]
(2) Intimation of cases of convicted pensioners. - Under Article 351, CSR
[Rule 8, CCS (Pension) Rules, 1972] future good conduct is an implied
condition of the grant of every pension and Government has the right to
withhold or withdraw a pension or any part of it if the pensioner is convicted
of a serious crime or found guilty of grave misconduct. It is, therefore,
necessary to ensure that cases where pensioners are convicted by a Court
of any crime are also brought to the notice of Government. The Government
of India, Ministry of Home Affairs, therefore, request that if the State
Government have no objection, instructions may kindly be issued to
prosecuting officers under the control of the State Government to ensure
the prompt intimation of such cases to the administrative authorities
concerned in future.
[G.I., M.H.A., O.M. No. 50/2/59-Ests. (A), dated the 7th October, 1959.]
Annexure 2.
Railway Services Pension Rules 1993 as amended up to 28.3.2012
Extract Rule 8 :
8. Pension subject to future good conduct- (1)(a) Future good conduct
shall be an implied condition of every grant of pension and its continuance
under these rules.
(b) The appointing authority may, by order in writing, withhold or withdraw a
pension or a part thereof, whether permanently or for a specified period, if
the pensioner is convicted of a serious crime or is found guilty of grave
misconduct.
Provided that where a part of pension is withheld or withdrawn, the amount
of such pension shall not be reduced below the amount of rupees three
hundred and seventy five per mensem.
(2) Where a pensioner is convicted of a serious crime by a court of law,
action under sub-rule (1) shall be taken in the light of the judgment of the
court relating to such conviction.
(3) In a case not falling under sub-rule (2), if the authority referred to in subrule
(1) considers that the pensioner is prima facie guilty of grave
misconduct, it shall, before passing an order under the sub-rule (1)
(a) serve upon the pensioner a notice specifying the action proposed to be
taken against him and the ground on which it is proposed to be taken and
calling upon him to submit , within fifteen days of the receipt of the notice
or such further time not exceeding fifteen days as may be allowed by the
appointing authority, such representation as he may wish to make against
the proposal; and
(b) stake into consideration the representation, if any, submitted by the
pensioner under clause (a).
(4) Where the authority competent to pass an order under sub-rule (1) is the
President, the Union Public Service Commission shall be consulted before
the order is passed.
(5) An appeal against an order under sub-rule (1), passed by any authority
other than the President shall, in consultation with the Union Public Service
Commission, pass such orders on such appeal, as he deems fit.
Explanation: In this rule the expression-
(a) serious crime includes a crime involving an offence under the Official
Secrets Act, 1923 (19 of 1923);
(b) grave misconduct includes the communication or disclosure of any
secret official code or password or any sketch plan, model, article, note,
documents or information, such as is mentioned in section 5 of the Official
Secrets Act, 1923 (19 of 1923) which was obtained while holding office
under the Government so as to prejudicially affect the interests of the
general public or security of the State.
Extract Rule 9 :
9. Right of the President to withhold or withdraw pension.
(1) The President reserves to himself the right of with holding or
withdrawing a pension or gratuity, or both, either in full or in part, whether
permanently or for a specified period, and of ordering recovery from a
pension or gratuity of the whole or part of any pecuniary loss caused to the
Railway, if, in any departmental or judicial proceedings, the pensioner is
found guilty of grave misconduct or negligence during the period of his
service, including service rendered upon re-employment after retirement;
Provided that the Union Public Service Commission shall be consulted
before any final orders are passed.
Provided further that where a part of pension is withheld or withdrawn, the
amount of such pension shall not be reduced below the amount of rupees
three hundred seventy five per mensem.
(2) The departmental proceedings referred to in sub-rue (1) -
(a) if instituted while the railway servant was in service whether before his
retirement or during his re-employment, shall after the final retirement of
the railway servant, be deemed to be proceeding under this rule and shall
be continued and concluded by the authority by which they commenced in
the same manner as if the railway servant had continued in service.
Provided that where the departmental proceedings are instituted by an
authority subordinate to the President, that authority shall submit a report
recording its findings to the President;
(b) if not institute while the railway servant was in service, whether before
his retirement or during his re-employment-
(i) shall not be instituted save with the sanction of the President;
(ii) shall not be in respect of any event which took place more than four
years before such institution; and
(iii) shall be conducted by such authority and in such place as the President
may direct and in accordance with the procedure applicable to
departmental proceedings in which and order in relation to the railway
servant during his service.
(1) In the case of a railway servant who has retired on attaining the age of
superannuation or otherwise and against whom any departmental or judicial
proceedings are instituted or where departmental proceedings are
continued under sub-rule (2), a provisional pension as provided in rule 10
shall be sanctioned.
(Authority: Railway Board s letter No. F(E)III/99/PN 1/(Modification) dated
23.5.2000)
(4) Where the President decides not to withhold or withdraw pension
but orders recovery of pecuniary loss from pension, the recovery shall not
ordinarily be made at a rate exceeding one third of the pension admissible
on the date of retirement of a railway servant.
(5) For the purpose of this rule -
(a) departmental proceedings shall be deemed to be instituted on the date
on which the statement of charges is issued to the railway servant or
pensioner, or if the railway servant has been placed under suspension from
an earlier date, on such date; and
(b) judicial proceedings shall be deemed to be instituted-
(i) in the case of criminal proceedings, on the date on which the complaint
or report of a Police Officer, of which the Magistrate takes cognisance, is
made; and
(ii) in the case of civil proceedings, on the date the plaint is presented in the
Court.
Extract Rule 90 :
90. Revision of pension after sanction.
(1) Subject to the provisions of rules 8 and 9 pension once sanctioned
after final assessment shall not be revised to the disadvantage of the
railway servant unless such revision becomes necessary on account of
detection of a clerical error subsequently:
Provided that no revision of pension to the disadvantage of the
pensioner shall be ordered by the Head of Office without the concurrence of
the Railway Board if the clerical error is detected after a period of two years
from the date of sanction of pension.
(2) For the purpose of sub-rule (1), the retired railway servant
concerned shall be served with a notice by the Head of Office requiring him
to refund the excess payment of pension within a period of two months from
the date of receipt of notice by him.
(3) In case the railway servant fails to comply with the notice,
the Head of Office shall, by order in writing, direct that such excess
payment shall be adjusted in installments by short payments of pension in
future, in one or more installments, as the Head of Office may direct
By M. L. Kanaujia, IRSSE, CCE/N.E.Railway(Rtd.)
There is lot of confusion on the subject of Reduction in Pension
already sanctioned and Recovery from Pension already paid.
1. Central Govt. Pensioners except Railway :
1.1. With regard to pensioners governed by the CCS(Pension) Rules
1972, the Rule 8 provide for clearly the provision in this respect. According
to this, the pension cannot be reduced, once sanctioned and no recovery
from pension can be done, except , in case a pensioner has been convicted
of serious crime by a Court of law or pensioner has been found guilty of
grave misconduct, that too, after following the laid down procedure.
1.2 The expression `serious crime' includes a crime involving an
offence under the Official Secrets Act, 1923 (19 of 1923).
1.3 The expression `grave misconduct' includes the communication
or disclosure of any secret official code or password or any sketch, plan,
model, article, note, document or information, such as is mentioned in
Section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained
while holding office under the Government) so as to prejudicially affect the
interests of the general public or the security of the State.
1.4 Detailed procedure is provided in these rules if pension is to be
reduced or recovery is to be effected , where pensioner is convicted of a
serious crime or found guilty of grave misconduct.
1.5 These rules are therefore, very clear and unambiguous.
1.6 Rule 8 of CCS(Pension) Rules 1972, along with Govt. of India’s
decisions, is attached herewith as Annexure 1 for ready reference. It may
be mentioned here that these Rules do not cover Railway
employees/officers for whom Railway Service Pension Rules 1993 exist,
which are discussed later in this write up.
2. Railway Pensioners :
2.1 Railway Services Pension Rules 1993 as amended up to
28.3.2012, Rule 8 and 9 provide for rules and procedure to be followed for
reduction in pension and recovery from pension. According to this, the
Pension is subject to future good conduct. Future good conduct shall be an
implied condition of every grant of pension and its continuance under these
rules. The appointing authority may, by order in writing, withhold or
withdraw a pension or a part thereof, whether permanently or for a specified
period, if the pensioner is convicted of a serious crime or is found guilty of
grave misconduct.
2.2 Serious crime includes a crime involving an offence under the
Official Secrets Act, 1923 (19 of 1923).
2.3 Grave misconduct includes the communication or disclosure of
any secret official code or password or any sketch plan, model, article,
note, documents or information, such as is mentioned in section 5 of the
Official Secrets Act, 1923 (19 of 1923) which was obtained while holding
office under the Government so as to prejudicially affect the interests of the
general public or security of the State.
2.4 Detailed procedure is provided in these rules if pension is to be
reduced or recovery is to be effected , where pensioner is convicted of a
serious crime or found guilty of grave misconduct.
2.5 The provision of rules 8 & 9 are, therefore, very clear and
unambiguous.
2.6 However, there is further provision of Revision of pension after
sanction contained in Rule 90 of Railway Services Pension Rules 1993 as
amended up to 28.3.2012 which says “ Subject to the provisions of rules 8
and 9 pension once sanctioned after final assessment shall not be revised
to the disadvantage of the railway servant unless such revision becomes
necessary on account of detection of a clerical error subsequently.”
2.7 Detailed procedure has been given in Rule 90 when pension is to
be revised to the disadvantage of the railway servant on account of
detection of a clerical error subsequently.
2.8 Surprisingly, no details are provided in Rule 90 as to what would
constitute a “clerical error”.
2.10 Provision of Rule 90 of Railway Services Pension Rules 1993 as
amended up to 28.3.2012 are therefore, very “ambiguous” and are thus
unlikely to stand in judicial review before a higher Court of law.
2.11 Railway Services Pension Rules , Rules 8, 9 and 90 are attached
herewith as Annexure 2, for ready reference.
C. State Govt. Pensioners :
The State Govts., for their Employees/Officers/Pensioners and for
Officers of All India Services, have, in some form or the other made rules
exactly on the lines of CCS(Pension Rules) 1972.
D. Judicial Review :
A number of Judgments of various High Courts of India, are available,
holding that pension once sanctioned cannot be reduced or recovery from
pension made except when a pensioner has been convicted of serious
crime by a Court of law or pensioner has been found guilty of grave
misconduct, that too, after following the laid down procedure in each case.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Annexure 1. Extract Rule 8 of CCS(Pension) Rules 1972 :
8. Pension subject to future good conduct
(1) (a) Future good conduct shall be an implied condition of every grant of
pension and its continuance under these rules.
2(b) The appointing authority may, by order in writing, withhold or
withdraw a pension or a part thereof, whether permanently or for a
specified period, if the pensioner is convicted of a serious crime or
is found guilty of grave misconduct.
Footnote 2. Substituted by G.I., Dept. of Per. & A.R., Notification
No. 6 (A), Pen.(A)/79, dated the 19th May, 1980.
3Provided that where a part of pension is withheld or withdrawn, the amount
of such pension shall not be reduced below the amount of 4[rupees three
hundred and seventy-five] per mensem.
Footnote 3. Inserted by G.I., Dept. of Per. & A.R., Notification No. F. 38 (4)
Pen. (A)/80, dated the 8th August, 1980.
4. Substituted by G.I., Dept. of P. P.W., Notification No. 2/18/87-P. &
P.W. (PIC), dated the 20th July, 1988, published as S.O. No. 2388 in the
Gazette of India, date the 6th August, 1988.
(2) Where a pensioner is convicted of a serious crime by a Court of Law,
action under sub-rule (1) shall be taken in the light of the judgment of the
court relating to such conviction.
(3) In a case not falling under sub-rule (2), if the authority referred to in
sub-rule (1) considers that the pensioner is prima facie guilty of grave
misconduct, it shall before passing an order under sub-rule (1),
(a) serve upon the pensioner a notice specifying the action proposed to be
taken against him and the ground on which it is proposed to be taken
and calling upon him to submit, within fifteen days of the receipt of the
notice or such further time not exceeding fifteen days as may be
allowed by the 1[appointing authority] such representation as he may
wish to make against the proposal; and
Footnote : 1. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6
(A), Per. (A)/79, dated the 19th May, 1980.
(b) take into consideration the representation, if any, submitted by the
pensioner under Clause (a).
(4) Where the authority competent to pass an order under sub-rule (1) is
the President, the Union Public Service Commission shall be consulted
before the order is passed.
(5) An appeal against an order under sub-rule (1), passed by any authority
other than the President, shall lie to the President and the President shall, in
consultation with the Union Public Service Commission, pass such orders
on the appeal as he deems fit.
EXPLANATION. - In this rule, -
(a) the expression `serious crime' includes a crime involving an offence
under the Official Secrets Act, 1923 (19 of 1923);
(b) the expression `grave misconduct' includes the communication or
disclosure of any secret official code or password or any sketch, plan,
model, article, note, document or information, such as is mentioned in
Section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was
obtained while holding office under the Government) so as to
prejudicially affect the interests of the general public or the security of
the State.
8. GOVERNMENT OF INDIA'S DECISIONS
Stoppage or reduction of pension for reasons other than misconduct not
permissible
Intimation of cases of convicted pensioners
(1) Stoppage or reduction of pension for reasons other than misconduct
not permissible. - Pension are not in the nature of reward but there is a
binding obligation on Government which can be claimed as a right. Their
forfeiture is only on resignation, removal or dismissal from service. After a
pension is sanctioned, its continuance depends on future good conduct vide
Article 351, CSR [Rule 8, CCS (Pension) Rules, 1972] but it cannot be
stopped or reduced for other reasons.
[G.I., M.F., U.O. No. D-2776/E, V/52, dated the 8th May, 1959.]
(2) Intimation of cases of convicted pensioners. - Under Article 351, CSR
[Rule 8, CCS (Pension) Rules, 1972] future good conduct is an implied
condition of the grant of every pension and Government has the right to
withhold or withdraw a pension or any part of it if the pensioner is convicted
of a serious crime or found guilty of grave misconduct. It is, therefore,
necessary to ensure that cases where pensioners are convicted by a Court
of any crime are also brought to the notice of Government. The Government
of India, Ministry of Home Affairs, therefore, request that if the State
Government have no objection, instructions may kindly be issued to
prosecuting officers under the control of the State Government to ensure
the prompt intimation of such cases to the administrative authorities
concerned in future.
[G.I., M.H.A., O.M. No. 50/2/59-Ests. (A), dated the 7th October, 1959.]
Annexure 2.
Railway Services Pension Rules 1993 as amended up to 28.3.2012
Extract Rule 8 :
8. Pension subject to future good conduct- (1)(a) Future good conduct
shall be an implied condition of every grant of pension and its continuance
under these rules.
(b) The appointing authority may, by order in writing, withhold or withdraw a
pension or a part thereof, whether permanently or for a specified period, if
the pensioner is convicted of a serious crime or is found guilty of grave
misconduct.
Provided that where a part of pension is withheld or withdrawn, the amount
of such pension shall not be reduced below the amount of rupees three
hundred and seventy five per mensem.
(2) Where a pensioner is convicted of a serious crime by a court of law,
action under sub-rule (1) shall be taken in the light of the judgment of the
court relating to such conviction.
(3) In a case not falling under sub-rule (2), if the authority referred to in subrule
(1) considers that the pensioner is prima facie guilty of grave
misconduct, it shall, before passing an order under the sub-rule (1)
(a) serve upon the pensioner a notice specifying the action proposed to be
taken against him and the ground on which it is proposed to be taken and
calling upon him to submit , within fifteen days of the receipt of the notice
or such further time not exceeding fifteen days as may be allowed by the
appointing authority, such representation as he may wish to make against
the proposal; and
(b) stake into consideration the representation, if any, submitted by the
pensioner under clause (a).
(4) Where the authority competent to pass an order under sub-rule (1) is the
President, the Union Public Service Commission shall be consulted before
the order is passed.
(5) An appeal against an order under sub-rule (1), passed by any authority
other than the President shall, in consultation with the Union Public Service
Commission, pass such orders on such appeal, as he deems fit.
Explanation: In this rule the expression-
(a) serious crime includes a crime involving an offence under the Official
Secrets Act, 1923 (19 of 1923);
(b) grave misconduct includes the communication or disclosure of any
secret official code or password or any sketch plan, model, article, note,
documents or information, such as is mentioned in section 5 of the Official
Secrets Act, 1923 (19 of 1923) which was obtained while holding office
under the Government so as to prejudicially affect the interests of the
general public or security of the State.
Extract Rule 9 :
9. Right of the President to withhold or withdraw pension.
(1) The President reserves to himself the right of with holding or
withdrawing a pension or gratuity, or both, either in full or in part, whether
permanently or for a specified period, and of ordering recovery from a
pension or gratuity of the whole or part of any pecuniary loss caused to the
Railway, if, in any departmental or judicial proceedings, the pensioner is
found guilty of grave misconduct or negligence during the period of his
service, including service rendered upon re-employment after retirement;
Provided that the Union Public Service Commission shall be consulted
before any final orders are passed.
Provided further that where a part of pension is withheld or withdrawn, the
amount of such pension shall not be reduced below the amount of rupees
three hundred seventy five per mensem.
(2) The departmental proceedings referred to in sub-rue (1) -
(a) if instituted while the railway servant was in service whether before his
retirement or during his re-employment, shall after the final retirement of
the railway servant, be deemed to be proceeding under this rule and shall
be continued and concluded by the authority by which they commenced in
the same manner as if the railway servant had continued in service.
Provided that where the departmental proceedings are instituted by an
authority subordinate to the President, that authority shall submit a report
recording its findings to the President;
(b) if not institute while the railway servant was in service, whether before
his retirement or during his re-employment-
(i) shall not be instituted save with the sanction of the President;
(ii) shall not be in respect of any event which took place more than four
years before such institution; and
(iii) shall be conducted by such authority and in such place as the President
may direct and in accordance with the procedure applicable to
departmental proceedings in which and order in relation to the railway
servant during his service.
(1) In the case of a railway servant who has retired on attaining the age of
superannuation or otherwise and against whom any departmental or judicial
proceedings are instituted or where departmental proceedings are
continued under sub-rule (2), a provisional pension as provided in rule 10
shall be sanctioned.
(Authority: Railway Board s letter No. F(E)III/99/PN 1/(Modification) dated
23.5.2000)
(4) Where the President decides not to withhold or withdraw pension
but orders recovery of pecuniary loss from pension, the recovery shall not
ordinarily be made at a rate exceeding one third of the pension admissible
on the date of retirement of a railway servant.
(5) For the purpose of this rule -
(a) departmental proceedings shall be deemed to be instituted on the date
on which the statement of charges is issued to the railway servant or
pensioner, or if the railway servant has been placed under suspension from
an earlier date, on such date; and
(b) judicial proceedings shall be deemed to be instituted-
(i) in the case of criminal proceedings, on the date on which the complaint
or report of a Police Officer, of which the Magistrate takes cognisance, is
made; and
(ii) in the case of civil proceedings, on the date the plaint is presented in the
Court.
Extract Rule 90 :
90. Revision of pension after sanction.
(1) Subject to the provisions of rules 8 and 9 pension once sanctioned
after final assessment shall not be revised to the disadvantage of the
railway servant unless such revision becomes necessary on account of
detection of a clerical error subsequently:
Provided that no revision of pension to the disadvantage of the
pensioner shall be ordered by the Head of Office without the concurrence of
the Railway Board if the clerical error is detected after a period of two years
from the date of sanction of pension.
(2) For the purpose of sub-rule (1), the retired railway servant
concerned shall be served with a notice by the Head of Office requiring him
to refund the excess payment of pension within a period of two months from
the date of receipt of notice by him.
(3) In case the railway servant fails to comply with the notice,
the Head of Office shall, by order in writing, direct that such excess
payment shall be adjusted in installments by short payments of pension in
future, in one or more installments, as the Head of Office may direct

Health insurance for CGHS beneficiaries


GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
RAJYA SABHA
Health insurance for CGHS beneficiaries
UNSTARRED QUESTION NO-1775 by SHRI BASHISTHA NARAIN SINGH
a) whether it is a fact that in the year 2010, Government mooted a plan to provide health insurance scheme to its serving and retired employees;
(b) if so, the present status of that scheme;
(c) whether it is also a fact that beneficiaries including Members of Parliament are not getting required medicines from dispensaries specially Ayurvedic dispensary of North Avenue and elsewhere; and
(d) if so, by when Government would seriously consider providing health insurance cover to CGHS beneficiaries in order to provide better healthcare?
ANSWERED ON-28.08.2012
(a) & (b): There is a proposal for introduction of a health insurance scheme for central government employees and pensioners on pan-India basis with special focus on pensioners living in non-CGHS areas. As per the directions of the ‘Committee of Secretaries’, a proposal for inclusion of this scheme in the 12th Five Year Plan has been sent for consideration of the Steering Committee of the Planning Commission, before placing the same for approval of the competent authority.
(c) : No.
(d): No specific time frame can be given for introduction of the proposed health insurance scheme.

Status as on 01.09.2012 of Pensioners' cases Pending in Courts

Extension of CGHS facilities to KV teachers



Extension of CGHS facilities to KV teachers

Extension of CGHS facilities to KV teachers similarly as being extended to KVS(HQ) and KVS(Regional Office) staff and extension of CGHS facility to KVS employees at par with retired Government of India employees, AIKVTA pointed out in the JCM meeting of KVS.

Teachers should also be granted CGHS facility as is being provided to KVS HQ and Regional Office Staff. The CGHS benefits available to Government of India employees after their retirement should also be available to retired KVS employees as is being extended to NCERT employees.

Comments of KVS : The matter for extending CGHS facilities to all the KVS employees was taken up by the Sangathan with the Director, CGHS and the have informed that the matter was referred to the Ministry of Health and Family Welfare and who has opined that it is the policy of the Government not to extend facilitites to new category of beneficiary but consolidate only to those available to existing ones. KVS has pursued the matter with the Director, UT-II Ministry of Human Resource Development, Govt. of India, New Delhi so  many times requesting the Ministry of HRD to reconsider the decision. But the same has been denied, though effort are still being made. However, the Sangathan will once again take up the matter with Ministry of Health through the Ministry of Human Resource Development, Govt. of India to reconsider their decision and CGHS authorities has intended their inability to extend the scheme to any concerned group due to constraints of man power etc. vide letter dated 27.6.2012.

Decision/Recommendation : Although, the staff side and official side were of the view that the CGHS facilitites should be extended to all the serving and retired employees of KVS. Since the CGHS authorities have shown their inability in extending the facility for want of infrastructural facilities as such, it was unanimously decided that the matter may be taken up with the Ministry of Health again through MHRD and the progress should be submiteed in the next meeting. 

Committee to Look into Pay and Pension Grievances of Military


Posted: 30 Aug 2012 05:41 AM PDT

Committee to Look into Pay and Pension Grievances of Military

The Committee chaired by Cabinet Secretary is comprised of Principal Secretary to the Prime Minister; Defence Secretary; Secretary, Department of Expenditure; Secretary, Department of Ex-Servicemen's Welfare and Secretary, Department of Personnel and Training. Consequent to change in charge of the then Secretary, Department of Expenditure to Department of Revenue, Secretary, Department of Revenue has also been co-opted as a Member of the Committee. Chief of Naval Staff & Chairman, Chiefs of the Staff Committee made a presentation to the Committee. 

The Committee further interacted with all the Service Chiefs (Chief of Naval Staff & Chairman, Chiefs of the Staff Committee; Chief of Air Staff and Chief of Army Staff). The recommendations of the Committee have been submitted to the Prime Minister. 

This information was given by Defence Minister Shri AK Antony in a written reply to Shri Arvind Kumar Singh and others in Rajya Sabha today. 
PIB

PAY SCALE OF URC EMPLOYEES AT PAR WITH EMPLOYEES OF CSDs


 PAY SCALE OF URC EMPLOYEES AT PAR WITH EMPLOYEES OF CSDs

Press Information Bureau 
Government of India
Ministry of Defence 

30-August-2012 17:06 IST

Pay Revision of URCs Employees
The Unit Run Canteen (URC) employees are getting paid as per the rules regulating the terms and conditions of the services of the civilian employees of the URCs, issued by Army Headquarters in April 2003. These rules were made as per the directions of Hon'ble Supreme Court of India dated 4th January 2001, in the case of Union of India Vs. M. Aslam and others. 

It has been held by the Hon'ble Supreme Court, in its order dated 28.4.2009, in the case of R.R. Pillai vs. Commanding Officer HQ SAC (U), that employees of URC are not Government Servants. Hence, the benefits of Sixth Pay Commission are not applicable to them. However, the basic pay of URC employees was enhanced by 50% w.e.f. 1.2.2009 and by another 15% w.e.f. 1.12.2009. 

This information was given by Defence Minister Shri AK Antony in a written reply to Shri Veer Singh in Rajya Sabha today. 
t


Wednesday, August 29, 2012

Pensioners working more 'to avoid old-age poverty'


Pensioners working more 'to avoid old-age poverty'
Published: 28 Aug 12 12:44 CET
The number of German pensioners working “mini-jobs” to supplement their income has risen by 60 percent since 2000, it was revealed on Tuesday. The figures prompted warnings of an old-age poverty epidemic.
·         Struggling pensioners forced back to work - Society (15 Dec 11)

In 2000, 280,000 pensioners had the €400-a-month jobs, which are exempt from taxes and national insurance contributions. This figure has risen to around 761,000, the Süddeutsche Zeitung newspaper said on Tuesday. 

And of these, 120,000 were 75 and older, newspaper said. The information was secured from the government by the far-left Linke parliament party.
 

A further 154,000 people of pensionable age are working in more lucrative positions – twice as many as since then end of 1999 – and 80,000 of these are working full time. These figures, which the
 Süddeutsche Zeitung got from the national labour agency, do not include freelancers. 

Job market expert Holger Schäfer of the Cologne Institute for Economic research (IW) said many older people “chose to work because it keeps them active.”
 

Because most people working in old age are highly-qualified “this shows that financial necessity is, in many cases, not the driving motive for staying in employment,” Schäfer added.
 

But others, like chairwoman of large lobbying group for socially disadvantaged groups VdK Ulrike Mascher, see the situation as much more alarming, and are warning of a wave of old-age poverty sweeping over the country.
 

Mascher told the
 Süddeutsche Zeitung that when it came to employed over-75s “they are rarely university professors who fancy keeping up their job, rather pensioners who are delivering papers, stacking supermarket shelves and doing other unattractive jobs to subsidise their measly pension.”

Government figures seem to support Mascher's concerns, as an average monthly pension payment is dropping. In 2000, an average person who took retirement after paying into the system for 35 years would have been set to receive €1,021 a month. By 2011, this had sunk to €953.

Those who had earned a reduced income, such as those who had worked part-time, would be looking at even less.
 

And though the Labour Ministry has said that sinking pension payments were “not synonymous with retracting financial situation” of current retirees, and that other forms of income are becoming more accessible for pensioners - like renting out property, or separate savings accounts – other politicians disagree.
 

“We are hurtling into mass old age poverty,” said Matthias Birkwald, pension policy spokesman of the Linke. “Falling pensions have to be stopped.”
 

The Local/jcw
The Indian ExpressThe Indian Express
Re-employment for retirees to help state generate Rs 1,000 cr

  Print
Harpreet Bajwa : Chandigarh, Wed Aug 29 2012, 01:28 hrs

To generate an additional Rs 1,000 crore, the Punjab government on Tuesday decided to offer an option of re-employment for a period of one year to all its retiring employees at the age of 58 years. Initially, the proposal was to increase the retirement age of government employees from 58 to 60 years.
This has been done to cope with the shortage of 35,000 employees whose recruitment will take about a year’s time. To ensure that the decision does not adversely affect the employment prospects of the youth, the maximum age limit for recruitment will be enhanced from 37 to 38 years.
“This will save Rs 1,000 crore for the government. We will amend the service rules accordingly so that these cannot be challenged in courts,” a senior government official said.
In 2010, the government had increased the retirement age for one time for the employees retiring between January 22 and December 31. The decision was challenged in the Punjab and Haryana High Court, which quashed the government order pertaining to the extension in service.
Later, the government again filed a fresh plea to defer the implementation of the ruling. This was also declined by the court. Following this, the government directed all the heads of departments to immediately relieve employees who were given a one-year extension in service after the cabinet nod.
“Soon, the government will issue a notification after amending the rules. Employees retiring a day after the notification will be eligible for re-employment for one year. Employees who are set to retire within one year of the notification will be employed,” an official said.
The Indian Express

Finally, UP adopts law to protect its old
Express news service : Lucknow, Wed Aug 29 2012, 03:18 hrs  
Last state to implement the Act under which tribunals will be set up to hear aged parents’ grievances
Old parents neglected by their children have something to cheer about. The state cabinet on Tuesday approved the proposal to adopt “The Maintenance and Welfare of Parents and Senior Citizen Act, 2007”.
With this, UP became the last state in the country to implement the Act.
The legislation is meant “to provide more effective provisions for maintenance and welfare of parents and senior citizens, guaranteed and recognised under the Constitution’’.
The state government will set up maintenance tribunals chaired by the sub-divisional magistrates to deal with the matters relating to the maintenance and welfare of parents and senior citizens. District magistrates will be its appellate authority.
“With the cabinet decision to adopt this Act, there will be a legal framework to address the grievances of parents and senior citizens across the state. Children, who ignore their parents, can be jailed for a period of three months or imposed fine or face both,” said Sadakant, Principal Secretary (Social Welfare). He said the government would soon notify the provisions of the Act.
A committee headed by Chief Secretary Jawed Usmani will examine ways for its proper implementation as well to stop its misuse.
Under the Act, “senior citizen” is defined as a person who is a citizen of India and has attained the age of 60 years, while “welfare” means provisions for food, health, care, recreation and other amenities for the senior citizen. A “senior citizen” includes a parent who is unable to maintain himself.
An important provision of this Act is that no legal practitioner can be involved by both the parties concerned in such matters. District Social Welfare Officer will be designated as the maintenance officer.
Under its provisions, government hospitals funded fully or partially by the government shall provide beds for all senior citizens. “Separate queues be arranged for senior citizens,” says another provisions of the Act.
OTHER decisions
Noida land back to Irrigation Dept
The cabinet cleared a proposal to allow the Irrigation Department to take back land measuring about 895 acres from Noida authorities. The land was transferred to NOIDA during the previous BSP government. The cabinet also cleared a proposal to fix accountability of those officers who played a role in the land transfer.
Honorarium for political detainees
A proposal to give Rs 3,000 per month as honorarium to political detainees, who were arrested and jailed under the Maintenance of Internal Security Act and Defence of India Rules during late Prime Minister Indira Gandhi’s emergency rule from 1975 to 1977, was cleared by the cabinet. The beneficiaries will be given free medical treatment in government hospitals, besides free passes to travel in government buses.
Land for HC judges
The cabinet cleared allotment of about 36,750 square metre land at Mushtkharja village in Allahabad’s Sadar subdivision for providing housing facilities to judges of the High Court.