Saturday, August 29, 2015

Supreme Court Dismisses Review Petition of UOI in Pro Rata Case for Full Pension to Pre 2006 Pensioners with less than 33 years but more than 20 years service



Supreme Court Dismisses (both on grounds of delay and on merit) the Review Petition of UOI for Full Pension (in stead of Pro Rata Pension) to Pre 2006 Pensioners with less than 33 years but more than 20 years service. Copies of SC orders dated 28-8-2015 & 26-8-2015 in R.P.(C) NO. 2565/2015 IN SLP(C) NO. 6567/2015 UOI vs M. O. INASU - attached




 IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION


R.P.(C) NO. 2565/2015
IN
SLP(C) NO. 6567/2015


UNION OF INDIA AND ORS. ... PETITIONER(S)


VERSUS

M. O. INASU ... RESPONDENT(S)

O R D E R


Upon perusing the paper book, it has come to our notice that there is a delay of 136 days in filing this review petition and we do not find any justifiable reasons to condone the delay. 

Even on merits, we have perused the Review Petition and the connected papers with meticulous care, we do not find any justifiable reason to entertain this review petition.

The review petition is, accordingly, dismissed on the ground of delay as well as on merits.


.................................J.
[FAKKIR MOHAMED IBRAHIM KALIFULLA]
Signature Not Verified

Digitally signed by
Narendra Prasad
Date: 2015.08.28
14:54:57 IST
Reason: .................................J.
[ABHAY MANOHAR SAPRE]


Simplification of pension payment procedure – Submission of undertaking reg. reemployment by retiring Armed Forces Personnel and civilian employees along with pension papers for simplify the pension payment

 
The Chief of Naval Staff

Friday, August 28, 2015

Pension Revision in respect of Pre-2006 Pensioner: Nodal Officers nominated by CPAO for attending any query related to the implementation of DoPPW OM dated 30.07.2015


Government of India
Central Pension Accounting Office
Trikoot-II, Bhikaji Cama Place
New Delhi – 110066.
No.Estt./Work Allocation/2015/382
Dated:27.08.2015

OFFICE MEMORANDUM



The following officers have been nominated as nodal officer for attending any query related to the implementation of OM No.38/37/08-P&PW(A) Dated 30th July,2015 issued by Department of Pension & Pensioners Welfare regarding Revision of Pension:-
1. Authorisation – I
Ph: No.011-26162078
Shri Attar Singh Sheoran, Sr. Accounts Officer
Smt Chanchal Rani, Sr. Accounts Officer
2. Authorisation – II
Ph: No.011-26162074
Shri Ashok Kumar, Sr. Accounts Officer
Shri Chandar Bhan, Sr. Accounts Officer
 3. Authorisation – III
Ph: No.011- 26162075
Shri Suresh Kuttichera, Sr. Accounts Officer
Shri Manoj Kumar, Sr. Accounts Officer

sd/-
(Abhe Singh)
Dy. Controller of Accounts

Source: CPAO
[http://cpao.nic.in/pdf/cpao_esst_work_allocation.pdf]


Thursday, August 27, 2015

Entitled members of family and dependent relatives on Privilege Pass issued to widows appointed on compassionate grounds: Railway Board Order

Entitled members of family and dependent relatives on Privilege Pass issued to widows appointed on compassionate grounds: Railway Board Order

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(W) 2015/PS 5-2/4/Misc.
New Delhi, dated 25.08.2015
General Manager (P)
Northern Raitway
New Delhi.
Sub: Entitled members of family and dependent relatives on Privilege Pass issued to widows appointed on compassionate grounds.

Ref: Northern Railways letter No.89/P/Privilege Pass Policy/Pass/14 dt. 08.07.2015.

With reference to NR’s fetter cited under reference, it is clarified that if a widow appointed on compassionate grounds exercises the option to avail pass facilities as a Railway servant, she is entitled to Privilege Pass/PTOS alongwith her family members and dependent relatives in her capacity as railway servant. She is also permitted to include her widow mother-in~law in the pass in terms of Advance Correction Slip No.37 to the Railway Servants (Pass) Rules, 1986 (2nd Edition-1993) issued vide Board’s letter No.E(W) 2001 PS5-1/3 dated 24.09.2001.

2. This issues with the concurrence of the Finance Dte. of the Ministry of Railways.


sd/-
(Debasis Mazumdar)
Director Estt.(Welfare)
Railway Board


Source: http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/E%28W%29/2015/Pass_Widows_250815.pdf

Grant of Fixed Medical Allowance (FMA) to the Armed Forces Pensioners/ Family Pensioners in such cases where date of retirement is prior to 01.04.2003

 Grant of Fixed Medical Allowance (FMA) to the Armed Forces Pensioners/ Family Pensioners in such cases where date of retirement is prior to 01.04.2003

THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADIGHAT, ALLAHABAD- 211014

Circular No. 544
Dated: 04.06.2015

Subject: Grant of Fixed Medical Allowance (FMA) to the Armed Forces Pensioners/ Family Pensioners in such cases where date of retirement is prior to 01.04.2003 and who had opted not to avail medical facilities at OPD of Armed Forces Hospitals/ MI Rooms and are not member of ECHS.

Reference: This Office Circular NO.451 dated 21.02.2011 and Circular NO. 208 dated 27.07.1998.

A copy of GOI, MOD letter NO. 1(10)/2009-D(Pen/ Policy) dated 5th May 2015 is forwarded herewith for immediate implementation. The same has also been uploaded on this Office website www.pcdapension.nic.in and may please be downloaded at your end without waiting for the hard copy Of the order and action may be taken accordingly.

2. The fixed medical allowance has been enhanced from Rs. 300/- PM to Rs. 500/- PM with effect from 19.11.2014. Ex Servicemen who retired after 01.04.2003 have to become member of ECHS compulsorily and are not eligible to draw Fixed Medical Allowance. However, all Pre 01.04.2003 retirees have the Option of either joining the Scheme or draw Fixed Medical Allowance as per the extant rates.

3. The other conditions for grant of Fixed Medical Allowance as mentioned in this Office Circular No. 208 quoted under reference shall continue to be in force. PDAS are requested to please review the cases and revise the Fixed Medical Allowance in the affected cases accordingly.

(G K Baranwal) 
Dy. Controller (Pensions)
No. Gt/Tech/0164/III,
Dated: 04.06.2015

Source: http://pcdapension.nic.in/6cpc/Circular-181.pdf

Widow pass-Rly Board Clarification


Wednesday, August 26, 2015

PIB- Cabinet decision 26.08.2015

Extension of the term of the 7th Central Pay Commission
The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval for the extension of the term of the 7th Central Pay Commission by four months up to 31.12.2015.

Background:

The 7th Central Pay Commission was constituted by the Central Government on 28.2.2014. According to the Resolution dated 28.2.2014, by which the Commission was constituted, it is to make its recommendations within 18 months of the date of its constitution that is by 27th August, 2015.

In view of its volume of work and intensive stake-holders' consultations, the 7th Central Pay Commission had made a request to the Government for a four month extension up to 31.12.2015.

***


NW/AKT/NT/SH

Monday, August 24, 2015

Commencement of Pension in favour of retired Railway employees: Railway Bord



Government of India
Ministry of Railways
Railway Board

No. 2015/AC-II/21/10
New Delhi Dated:17.08.2015
General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi-110055
Dear Sir,

Sub:- Commencement of Pension in favour of retired Railway employees.



Ref:- Your letter no. II/35/Pt.11 dated 29.7.2015.

The undersigned is directed to refer to your letter ibid and state that Board has taken various steps to streamline the pension payment system to ensure that payment of pension is commenced from the month following the month of retirement and the grievances, if any, are redressed promptly, as indicated below:

i. Single Window System has been implemented with banks to do away with delays in commencement of pension payments inherent in the earlier system. In brief, the scheme envisages that Railways will hand over the PPOs issued during a month to the nominated nodal branch of the respective banks (located at the HQ of PPO issuing Railways) by 5th of the following month. The nodal branch is responsible to forward it to their concerned Centralised Pension Processing Centre (CPPC) by 1oth of the following month so that the CPPC can commence pension w.e.f. last day of the following month. The scheme has already been implemented with 22 banks and remaining banks are under process of implementation.

ii. Further, at present, the pensioner is called to the bank for submission of an undertaking about recovery of excess/overpayments before commencement of pension. In order to obviate delays in the process of commencement of pension on this account, Board , vide letter no. F(E)III 2008/PN1/13 dated 17.3.2015 , has issued instructions that requisite undertaking may be obtained by HOD from the retiring employee before his retirement and forwarded to pension disbursing bank along with PPO by the Accounts Officer. The pensioner would no longer be required to visit the bank to activate his first payment of pension.

iii. In addition, it is planned to issue e-PPOs to the banks under the centralised Pension application (ARPAN) which would do away with the delays altogether. The same is being tested and is expected to be rolled out by end of this year. Railways are being advised to strictly follow the instructions and monitor timely commencement of pension to the staff.

iv. RBI was also addressed to direct the banks to put in place a sound grievance redressal mechanism for pensioners at CPPC/ Pension Paying Branches of the Banks . RBI has since issued the advisory to the banks to ensure expeditious redressal of pensioners’ grievances.

v. Zonal Railways have been advised to scrupulously follow the instructions issued by Board in this regard.

Yours faithfully,
sd/-
for Secretary, Railway Board

Source: NFIR
[https://drive.google.com/file/d/0B40Q65NF2_7UNVpwdEw3N0ZFQjA/view]


Sunday, August 23, 2015

Another success for BPS but Partial: KVS retirees allowed CGHS facility in Delhi/NCR- BPS had been pleading CGHS facility to KVS retirees through out the country at par with other CG Pensioners.


F.No 11086/01/2012-KVS HQ(Admn.II)/793-805 dt : 21.08.15 
OFFICE MEMORANDUM

Subject: Extension of CGHS facilities to the retired employees of Kendriya Vidyalaya Sangathan – regarding.
See also: Parliamentary Panel Asks Government to Extend CGHS to All KVS Employees

Consequent upon KVS proposal of even No dated 01.05.2015 routed through Ministry of HRD, the Director, Ministry of Health and Family Welfare CGHS (P) Section, Government of India,Nirman Bhawan, New Delhi vide office memorandum No.S 11016/8/2015-CGHS (P) dated 29.05.2015 has conveyed the decision of the Ministry regarding extension of CGHS facilities to the retired employees of Kendriya Vidyalaya Sangathan (KVS) with the following guidelines:-

a. CGHS facilities shall be extended to the retired employees of KVS only in Delhi/NCR. They will be entitled to OPD facilities and medicines from CGHS dispensaries in Delhi/NCR only on the same lines as is being done in case of serving employees of KVS.

b. They may avail treatment from CGHS empanelled hospitals at CGHS approved rates. The medical expenses for IPD/hospitalization treatment will be borne by KVS and they will not be eligible for cashless medical facilities.

c. The pensioner’s card will be issued to those pensioners who have been recommended by KVS and on payment of service charges on cost to cost basis in advance on yearly basis at the rates determined by Department of Health and Family Welfare in consultation with O/o the Chief Advisor (Cost), Department of Expenditure, Ministry of Finance.

d. The CGHS membership card will have to be renewed annually by KVS in advance for both serving as well as retired employees (wherever applicable). Failure to renew the CGHS membership within the specified time period will lead to de-activation of the CGHS card.

e. There is no provision for issue of life-time CGHS cards to the pensioner beneficiaries of KVS.

The CGHS facilities have been extended to the retired employees of KVS as per the terms and conditions laid down in the aforesaid Memorandum with the following conditions:-

*. The retired employees of KVS residing in Delhi/NCR and whose serving counter parts are covered by CGHS medical facilities in Delhi/NCR can opt for this scheme. The details of such posts covered by CGHS medical facilities are given in Annexure – I.

*. The rate of contributions in such cases will be determined by the Department of Health & Family Welfare from time to time with reference to the grade pay drawn by the KVS employee at the time of retirement/death. The present rates of contribution are as under:-

Sl. NoGrade Pay drawn by the Pensioner at the time of retirement
Contribution
(in Rupees)
Monthly
Annual
1Up to Rs.1,650/- per month50600
2Rs.1,800/-, 1,900/-, Rs.2,000/-
Rs.2,400/-, and Rs.2,800/- per Month
1251,500
3Rs.4,200/- per Month2252,700
4Rs.4,600/-, Rs.4,800/-, Rs.5,400/- and Rs.6,600/- Per Month3253,900
5RS.7,600/- and above per month5006,000

*. The willing retired employee(s)/family members (if otherwise eligible) may submit their application in prescribed proforma (Available on CGHS website msotransparent.nic.in with link Circulars) along with Demand Draft of his/her own subscription, self attested copy of relevant documents to the respective authority from where the terminal benefits were settled (Pension Sanctioning Authority of KVS HQ/Deputy Commissioner, Regional office as the case may be applicable).

*. The Deputy Commissioner of the Region concerned, after detailed cross verification and examining the case will forward such duly completed application(s) to the joint commissioner (pers.) KVS, Headquarters along with prescribed contribution in the form of Demand Draft/Cheque equivalent to one year CGHS subscription in favour of “Kendriya Vidyalaya Sangathan (HQ)”.

*. In respect of officers/employees of KVS, HQ, such request applications will be processed by the Deputy Commissioner (Finance) who looks after the pension section and who will forward the same with all necessary documents to the joint commissioner (Pers.), KVS.

*. The payment of Fixed Medical Allowance will be discontinued by the concerned pension sanctioning authority in KVS/Regional Office from the date of receipt of CGHS card in K.V.S. on case to case basis, after due verification.

*. The reimbursement of medical claims of beneficiaries, if any, will be done by respective Regional Office as per rules. It will take effect from the date of issue.

This issues with the approval of Commissioner, KVS.

Sd/-
(Dr.E.PRABHAKAR)
JOINT COMMISSIONER (PERS.)

Source/View/Download: Original Order




ncr

Wednesday, August 19, 2015

Revision of pension of Pre-2006 pensioners - PCDA Circular 144 dt 14-08-2015:-



OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No: C-144
No:-GI/C/0198Nol- V/Tech
0/0 the Pr.C.D.A. (Pensions)
Draupadighat Allahabad -211014
Dated: -14 /08/2015

To,

The Treasury Officer
The PO- Master, Kathua, Srinagar (J&K)
The PO- Master, Campbell Bay (Andman & Nicobar)
The Defence Pension Disbursing Officer
------------------------------
Pay & Accounts Officer
------------------------------
Military & Air Attache, Indian Embassay, Kathmandu, Nepal (through Gorkha Record
Officer, Kurnaghat, Gorakhpur)
Director of Accounts, Panji (Goa)
Finance Secretary, Gangtok, PO-l, Thimpu Bhutan
The General Manager (Nodal Officer, PSBs)
All Managers, CPPC of Public Sector Banks.
All Managers, CPPC of Authorized Private Banks.

Subject: Revision of pension of Pre-2006 pensioners - reg.
Reference: This office Important Circulars No. 102 bearing no. GI/C/0198/VOL-IV/Tech dated 11-02-2013 [click to view].

Attention of all pension disbursing authorities is invited to above cited circular wherein instructions had been issued for implementation of GOI, Ministry of P,PG and pensions, Deptt of P&PW OM No. 38/37/08-P&PW(A,) dated 28 January, 2013 and this order was applicable w.e.f 24.09.2012. Now, GOI, Ministry of P, PG and pension, Dept of P&PW have further issued orders under their OM No. 38/37/08 P&PW (A) dated 30.07.2015, that "the pension/family pension of all pre-2006 pensioners/family pensioners my be revised in accordance with this Department's OM No. 38/37/08-P&PW(A) dated 28.1.2013 with effect from 24.9.2012."

(2) In case the consolidated pension/family pension calculated as per Para 4.1 of OM No.38/37/08-P&PW (A) dated 01-09-2008 is higher than the pension/family pension calculated in the manner indicated in the OM dated 28.01.2013, the same ( higher consolidated pension/family pension) will continue to be treated as basic pension/ family pension.

(3) All other conditions as given in OM No. 38/37/08-P&PW (A) dated 1.9.2008, as amended from time to time shall remain unchanged.

(4) All pension disbursing authorities are therefore, requested to revise the pension/family pension in affected cases in terms of Govt. OM No. 38 /37/08-P&PW(A) dated 28-01-2013 w.e.f. 01.01.2006 instead of 24.09.2012. Payment made w.e.f. 01.01.2006 will be adjusted against the arrears now being paid and these cases may be reflected in the monthly account sent to this office as ‘change item’.

(5) Where the PDAs are in doubt in regulating the payment of revised pension/family pension under these orders, the cases with full details of pensioner/family pensioners and PPO No: etc may be referred to Audit Section of this office for advice and further action.

(Subhash Kumar)
ACDA(P)


21 Elderly vote power -Panacea to all problems of Sr.Citizens & Pensioners, is Elderly vote bank. So let us consolidate elderly vote bank.This video explains how to do it.

21 Elderly vote power 2015 F 1corrected

21 Elderly vote power 2015 F 1corrected

21 Elderly vote power 2015 F 1corrected

Tuesday, August 18, 2015

Inclusion of married mentally disabled son of serving/retired railway employee in Privilege/Post Retirement Complimentary Pass (PRCP) - clarification by Railway Board



भारत सरकार Government of India
रेल मंत्रालय Ministry of Railways
(रेलवे बोर्ड Railway Board) 
No.E(W)2015/PS 5-1/6
Date: 12-8-2015

The General Manager (P)
Diesel Locomotive Works
Varanasi.



Sub:- Inclusion of married mentally disabled son of serving/retired railway employee in Privilege/Post Retirement Complimentary Pass (PRCP) - clarification thereof.

Rei:- DLW's letter NoDLW/P/Payment/Railway Board/ Correspondence dated 2406:2015.

With reference to above cited letter, it is clarified that in the extant Pass Rules there is no bar in including married invalid child covered under para 1 of General Rules relating to Privilege Passes/PTOs, stipulated below Schedule-II of Railway Servants (Pass) Rules, 1986 (Second Edition-1993) of retired railway servants as long as they are fully dependent on the railway servant. It is, however, clarified that this facility is not available for spouse of invalid dependent child. The same would also be equally applicable to such invalid family member/dependent relative in case of serving railway employee-s.

2. Necessary action to dispose off the application received by DLW may be taken accordingly.

3. This issues with the concurrence of Finance Dte of the Ministry of Railways.

sd/-
(Debasis Mazumdar)
Director Estt.(Welfare)
Railway Board

Source: http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/pass%20rules/inclusion_of_married.pdf


EXTRACTS FROM SWAMYNEWS



EXTRACTS FROM SWAMYNEWS
August 2015:
Report of 7th Pay Commission Expected by September 2015.
Earlier Pay Commissions were set up in the past for evolving compensation package at intervals of 10 to 13 years.  (Our Emphasis:  Why not in every 5 years as followed by State Governments even when these are getting Central Govt. Grants ? Is a point for introspection by Elite People.)  Pay Bodies are found necessary to enable the Govt. employees to lead Clean, Honest and Respectable lives at standards compatible with what their peers have meanwhile attained or what they accept to be reasonable.

( I ) CPC appointed in May-1946 (Before Independence) Reported in May 1947; ( II ) CPC Apptd. in Aug-1957 (After Independence) Reported in August 1959; ( III CPC ) Apptd. in April-1970 Reported March 1973;  ( IV ) CPC Apptd. In July 1983 Reported in Jun-86, Dec.86 & May 1987;
( V ) Apptd. In April 1994 Reported in Jan-1997; ( VI ) CPC apptd. In Oct-2006 Reported in March 2008;  ( VII ) CPC Apptd in Feb-2014 Expected to Report in September 2015.

Instructions regarding timely issue of charge-sheet
DOPer&Trg.,GOI OM No.35014/1/81-Estt.A, dated 9-11-1982 and reiterated in a consolidated form of even No. dated 2.1.2014 (Sl.No.22 of Swamy’s Annual, 2014) – the case of Ajay Kumar Choudhary - v - Union of India, Civil Appeal No. 1912 of 2015 dated 16.2.2015.  When clear instructions were already issued, when an Appeal is filed by the GOI is a question one should ponder over.  The Appex Court in its own words directed –
“ We, therefore, direct that the currency of Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Charge-Sheet is not served on the delinquent officer/employee.”  (Sl No.157)

Re-Classification/Upgradation of Cities/Towns on the basis of Census-2011
for HRA to C.G.Employees
(Vide GI.,M.F.,O.M.No.2/5/2014-E.II(B) dated 21-7-20125) X Y Z  Orders to take effect 1st April 2015.
Sl.No.
States / Union Territories
City Classified as – X
City Classified as – Y
2.
Andhra Pradesh / Telangana
Hyderabad ( U.A. )
Vijayawada (U.A.) Warangal (UA)
Greater Visakhapatnam(M.Corpn)
Guntur (UA)   -  Nellore (U.A.)
 (*) In Haryana against Sl.No.13 the Citites Faridabad (M.Corpn) and Gurgaon (U.A.) are upgraded as “ Y “ Cities – Only for the purpose of extending HRA on the basis of dependency.
Note: The remaining cities / towns in various States ‘ UTs which are not covered by classification as “X” or “Y”, are classified as “Z” for the purpose of HRA. ( Sl.No.159 of SwamynewS Aug.2015 )

Web Portal – “ RTI on Line “
( GI.,Dept. of Per.&Trg. O.M.No.F.No.1/6/2012-IR dated 2.7.2015 – Sl.No.168 of SwamynewS – 8/’15)
1.       RTI Week Celebration – Every Year 5th – 12th October. SICs will be provided financial assistance Rs.3.00 Lakhs each based on their proposal.  Less-expensive modes of Publicity etc.
2.       Innovative Awareness Generation Programmes : ATIs will be provided upto Rs.4.00 Lakhs each include nukkad nataks – local fold troupes, publicity in local languages etc.
3.       Organisation of Workshops/Seminars : ATIs will be provided a sum of Rs.1.00 Lakh per workshop/seminar – RTI themes – suo motu disclosure etc.
4.       Funds for publication of Guide Books in regional languages – Maintaining Helpline in ATIs – could also be set up in collaboration with NGOs working in the field of RTI.
5.       Support for Capacity Building – Trg of SPIOs/CPIOs/ & FAA – First Appellate Authorities
6.       Simplification of processes for filing of RTI
7.       Improved record management / suo motuj disclosure
8.       Institutional mechanism for collaborative working with CSOs and Media
9.       Sanction and Release of Financial Assistance.
The first meeting of the SMC is scheduled for the first week of August, 2015. These guidelines are in supersession of OM No.1/6/2012-IR dated 22.8.2014.
PROPOSALS in the prescribed proforma (Annexure) may be sent to : Shri Sandeep Jain, Director (IR) Room No.279A, Dept. of Personnel & Training, Northj Block, Tf 23092755 – eMail: sandeep.j@nic.in

TRIBUNAL  - JUDGEMENTS
Sl.No.86  (O.A.No.352 of 2013 Shri Bhimsen Dayachand Lohariya Vs Genl. Manager (Personnel) Central Rly Mumbai & another Date of Judgement 13-10-2014) Compassionate Ground Appointment  to the applicant herein due to the death of his father who was a Safaiwala /Sweeper in Rlys has to be considered, as the age of his father cannot be only about 4 months higher than his eldest son, as that age of his father was incorrectly recorded due to the ignorance of his father in his records.  Moreover, the father of the Applicant having expired, the question of verification of age of the deceased now, does not arise. (the Tribunal HJeld and R-2 DRM (Personnel) of Mumbai CST was directed to consider the application dated 23.5.2011 within a period of 4 weeks from the date of receipt of this order.)

Sl.No.87 (O.A. 301 of 2014 – Shri C.H.Wadigeri v. Secretary of DOP & others – date of judgement 13-8-2014. A Postal Asst. in Gulbarga Dn. Joined in 1976 promoted as IPOs and ASPOs in 1983 and 1993 respectively. The applicant was suspended from service based on a CBI report wef 2-4-2011. Criminal case was filed by CBI on 28-9-2011.  Department initiated Rule-14 proceedings on 12-12-2011 under conduct rules of accepting illegal gratification.  Against this charge sheet the applicant filed this O.A. to set side and put him on duty with full wages. The CBI Court exonerated him of the charges leveled against the applicant.  Applicant prayed for setting aside the departmental charge sheet and to reinstate him. It was felt by the Tribunal that it could not get the proceedings order dated43-2-2014 referred to be the applicant as it is not available in the O.A. 2 more cases of laws of Appex Court were also cited by the Tribunal. ( Respondents are directed to complete the enquiry in a period of 6 weeks from the date of this order and the Applicant is directed to co-operate with authorities for completion of the enquiry in the stipulated time.  As the OA id disposed of, M.A. No.281 of 2014 for vacating the stay is also disposed of.  O.A. is dismissed with the above observation. )

Sl.No.88 ( O.A. 158 of 2013 Shri M.P.Dinesh v. Secretary DOP & others dated of judgement 9-12-2014- Ernakulam) Applicant temporarily promoted to Group D in Postal Dept from GDS service (EDMM – in SRO Kannur RMS was  up to 31-12-2006 to join as Mail Guard “CT” Dn./  The Supdt. RMS inducted him to NPS wef 1-1-2004 ) and released to work in APS in Kerala Circle, Kozhikode.  As his promotion to Group D service in APS falls prior to 1-1-2004 he is governed by CCS (Pension) Rules, 1973 and NOT under NPS came into force from 1-1-2014 for his retiral benefits.  In the result, the Tribunal directed (1) to refund the amounts collected fixing him under NPS to pay back to the applicant with 6% interest and that the applicant is entitled for pension under CCS (Pension) Rules 1972 and to fix pension accordingly.  (2) “ since the regular service in the APS commenced prior to 1-1-2004 the applicant is governed by CCS (Pension) Rules 1972. Respondents are directed to stop recovery of contributions to the NPS and to refund the amount so far collected from the applicant with interest at 6% from the date of recovery in each month until the date of refund”.

Sl. No. 89 (O.A. No.1132 of 2013 – Shri T.C.Parameswaram v. Secretary DOP & others (Ernakulam) dated of judgement 7-11-2014) Applicant after working as Casual Labour with temporary status Group D since 20-5-1993 was regularized as Multi Tasking Staff (MTS) against vacancies in 2011. He joined the post on 2-5-2013.  He is  aggrieved by the steps taken by the respondents to deduct the contribution to the newly introduced Contributory Pension Scheme wef 1-1-2014.  Tribunal held – “he may be entitled to a notional extension of his date of appointment to the year in which the vacancy arose (in 2011) for the purpose of counting qualifying service.  Obvisously, if 50% of the total service rendered by the applicant as Casual Labour with temporary status is reckoned, the applicant would get half of the temporary status i.e., from 20-5-1996 till the date of last vacancy arose in the year 2011 to be added to the period of his regular service.   It is further allowed the OA directing the R-1 Secy.DOP, R-2 CPMG Kerala R-3 SSPOs Ernakulam and R-4 IPOs Aluva to work out his qualifying service subject to the fulfillment of the minimum qualifying service for grant of pension.  He shall be paid pension and other terminal benefits on the basis of CCS (Pension) Rules 1972. Further directed the respondent to process his pension papers on priority basis ( as the applicant is 59 years old on the date of O.A.) and to refund the amounts deducted from his salary towards the NPS.  It is further made clear that the pension of the applicant shall be considered in accordance with CCS (Pension) Rules 1972 giving weightage to his temporary service and giving all consequential benefits.

Sl.No.90 – Shri K. Rajan v. Supdt. Of POs Mavelikkara Dn & others (Ernakulam) date of Judgement 18-11-2014 – A Postal employee employed against ex-Serviceman quota and after his release from Military Service is entitled to nominate his wedded wife as his family pensioner. Mrs. Lohitha as his wedded wife and she was taken care of by his brother when he was serving in Military,  no opportunity was given by the Respondents to the applicant and his wife to state their positionand also no legally acceptable inquiry was made to state that Mrs. Lohitha is applicant’s brother’s wife. The applicant filed this OA for a declaration that Smt. Lohitha is his wife and that the unilateral decision of deleting the name of Smt. Lohitha for getting family pension is incorrect and he may be paid costs for this litigation by Respondent. 

The Respondents demanded to produce his marriage certificate as the local enquiries made by Postal Inspector prove that Mrs. Lohitha is the wife of his brother.  Shri Dharmapalan which is not proved reliably and legally by the Respondents by Certificate of Marriage or by a solemn statement by any member of that family.   The applicant does state that POLYANDRY was in vogue in that locality.  As he was in Military, his elder brother was looking after the family and that practice in vogue is stated in an inarticulate manner.  The bondage of the applicant and his elder brother is strong that the applicant entrusted his look after his wife to his brother when he was away in Military Service.

Respondents state that the Inspector of Posts had summoned the applicant and other people for obtaining evidence regarding marital status of the applicant but none turned up in the enquiry.  It appears that the respondents thereafter jumped into the conclusion that the applicant is guilty of marrying the wife of another during subsistence of their marriage.  Respondents seems to have ignored the other possibilities including the possibility that after marriage, consensual “Polyandry” was practiced in the family without disrupting the marital bondage. 

In the case of Madan Mohan Singh v. Rajnikant (2010 (9) SCC 209) it was held by Apex Court that “if a man and woman are living together in the same roof and cohabiting, there will be presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate”.

It was further held: “ It is trite law that when an administrative act is performed by the authorities affecting the rights of individuals, natural justice demands that such individual should be given opportunity to be heard.  In the instant case, before cancelling grant of family pension orders, no steps have been taken by the respondents either to issue notice to the applicant or to Mrs. Lohitha for hearing their versions.  Similarly no proper legally acceptable enquiry was made by respondents before coming to the conclusion that Smt. Is the wife of Shri Dharmapalan (borther of the Applicant”.  In the light of the above, the Tribunal came to the conclusion that withdrawal of family pension to Mrs. Lohitha, wife of the applicant deserves to be quashed and set aside.  Ordered accordingly.  Respondents are directed to enforce grant of family pension to Mrs. Lohitha until Competent Civil Court declares that the applicant is not legally married with Smt. Lohitha.

NOTE: Prejumption of MCM-Secretary-BPS.  What if applicant OA remarries for submission of Certificate of Marriage afresh even after retirement as it is permitted by Pen-Rules- Family Pension ?

Sl. No. 94 – Leaving out an eligible candidate for grant of promotion who is within the zone of consideration including the quota prescribed for reservation and possessing fitness for promotion and promoting his juniors on the alleged reason to accommodate the reserved quota is incorrect.  Hence the Tribunal directed Respondents to promote the Applicant from the date he is due to the post of Section Engineer in Railways notionally as he had already retired and fix his pay notionally.  Based on notional fixation of his pay, the final settlement dues are to be fixed and arrears arising thereon should be paid. ( O.A. No. 262 of 2012  Shri U.N.Iyengar v. General Manager, South-Eastern Railway & Others ( Jabalpur) date of judgement 13-1-2015 )

Through  a letter dated 4-11-2009, it was ordered to comply promotion of staff (as noted above) as one-time exception within schedule time considering three years ACR 2006-07 to 2008-09 and vigilance clearance is to be obtained before ordering promotion.

The applicant is senior to private R-5 and R-6. Eight vacancies were to fill up vide letter dt. 11-3-2010 on seniority-cum-fitness without following roster points and in proportion of 1:1 i.e., fill up one post only one candidate from the zone of consideration.   Though senior to R-5 and R-6, the applicant was wrongly excluded for consideration as he had already retired and therefore consideration of R-5 and R-6 against one post is wrong on the basis of seniority-cum-fitness.  Relied upon 6th CPC pay scale, the grade of posts were combined i.e., Grades I and II with Pay Band 2 with Grade Pay of Rs.4,600. 
The tribunal after examining the various points raised by both sides concluded that the respondents admitted their mistake on their part in not considering the applicant.  From its discussions, the tribunal it transpired that the applicant should have been promoted even though he retired.  If not promoted, his final settlement, dues will be affected aversely.  The stand taken by the respondents in not promoting the applicant is arbitrary and the applicant is entitled for promotion from 154-10-2010 when his juniors R-5 and R-6 were promoted on that date against reserved quota.

In the result, the OA is allowed directing the respondents for consideration of the case of the applicant who is entitled for promotion as Section Engineer with effect from 15-10-2010 prior to his retirement.  The respondents are directed to issue necessary promotion order and pay the applicant on the re-fixed pay on promotion from 15-10-2010.  Modified pension pay order is to be issued to him within two weeks from the date of receipt of this order.  The applicant is also entitled to all consequential benefits.  The OA is thus disposed instructing the parties to bear their respective cost of this OA.
--------------------------------------------------------------------------------------------------------------------------------------

Sl. No.98 -   O.A. Nos. 060/00039 of 2014 – Shri Davinder Kumar Vasesi  v. Comptroller & Auditor-General of India & Others (Chandigarh) date of Judgement dated 28-8-2014 –
1.       Administrative decisions cannot be applied retrospectively but only after the date of issue of such decisions.  The applicant herein, underwent Liver Transplant surgery in the year 2011 whereas the amount payable to such surgery came into existence only on `16-1-2013.  Hence denial of amount claimed based on the administrative decision issued later to the date of surgery in 2011 is not permissible.
2.       Other similarly placed applicants were paid the amount charged, whereas in the case of the applicant, the charges to be paid is denied which violates the law laid down which stipulates to avoid arbitrariness or discrimination violating Articles 14 and 16 of the Constitution.
The applicant OA underwent Liver Transplant surgery in Apollo Hospital at Chennai on 1-7-2011 incurring Rs.33,60,000, bill submitted for Rs.30,18,954 to Sr. Acct.General  (Admn) in the office of R-3 Acct.Genl.(Audit) R-3 approved an amount of Rs.11,55,517.  Against this OA arose. Requested for balance amount with 18% interest per annum from the  sanction date till actual date of payment of balance reimbursement claim excluding Rs.11,55,517. The tribunal examined the issue after hearing both sides. The tribunal came to the conclusion that the prayer of the applidcant is reasonable and would comment upon the legality of the OM letter. Tribunal took into view the provisions of Article 21 or Article 47 of the Constitution held valid in the case of State of Punjab and Others v. Ram Lubhaya Bagga & others (1998(4) SCC 117). Similar question had been cropped up in the case of Confederation of Ex-Serviceman Association & others v. Union of India & others and the Apex Court followed by Ram Lubhaya case (supra). The case law of Major Singhal v. Director General Armed Forces & another (AIR 1972 SC 628) and another case, it was said that the right vested in the applicant prior to relevant instructions could not be taken away by retrospective operation of the same, more so when the same talks of prospectivity in-as-much as the sane clearly state the time and date of the instructions i.e., with effect from 16-1-2013.  In these circumstances, restricting the claim of the applicant on the basis of instructions dated 16.1.2013 is illegal, arbitrary and invalid.  Hence the interface memo enclosed runs contrary to the instructions, dated 16-1-2013, it was held.

In view of the above, the OA is allowed and the Respondents are directed to look into the matter afresh in the light of what has been held and observed hereinabove and pass appropriate orders within a period of three months from the date of receipt of this order.
SwamysnewS June – 2015
3rd Page – CENTRAL ADMINISTRATIVE TRIBUNAL Principal Bench – O.A. No.1165/2011
with O.A. No.2165/2011 and  O.A. No.247/2012 – Date of Judgement – 21st day of April 2015. Bench : Hon’ble Mr. P.K.Basu, Member (A) and Hon’ble Mr. Raj Vir Sharma, Member (J)

Para 12 : In view of the judgments of the Hon’ble Supreme Court in D.S.Nakara (supra) v. Kasturi (supra) T.S.Ghiruvengadam (supra) and order of the Full Bench of the Tribunal in O.A. No.937 or 2010 with O.A. No.2101 of 2010, dated 20-11-2014, we are of the opinion that the prayer in the OAs is fully justified.  We, therefore, quash the set aside the impugned orders, dated 3-10-2008 and 19-3-2010 being  violative of law laid down by the Hon’ble Supreme Court and direct the Respondents that the qualifying service for earning full pension will be treated as twenty years also for those who retired from the Central Government Service on or before 31-12-2005 and were alive on that day.  The Respondents are also directed to modify / amend all relevant Government orders / letters / notifications in accordance with the above decision.  It is made clear that this parity of pension between pre-and  post 1-1-2006 pensioners (on the question of eligibility of minimum pensionable service of twenty years) would apply both as regards pension and family pension.  The Respondents are granted three months time from the date of receipt of this order for implementation of directions contained in this order. (Courtesy: cgat.gov.in)

Sl. No.60 : O.A.No. 754 of 2012 – Shri Devi Krishan Sharma v. Secretary, Min. of Urban Develop -ment &   Others (Principal Bench) date of Judgment 11-7-2014 – In a case, where the Government Servant is dismissed / removed from service, Compassionate Allowance under Rule 41 (1) of CCS (Pension) Rules 1972, if asked for should be considered taking various points into account.  Financial condition of the Government sedrvant’s family would also be a factor to be considered though not a deciding factor.  Merits and circumstances of each case should also be taken into account for arriving at a decision.  Hence is it was held: “ Under the above circumstances, the impugned order, dated 18-1-2012 is quashed and set aside.  The matter is remitted back to the Respondents for reconsideration of the case of the applicant for Compassionate Allowance in terms of the observation as above and pass a speaking order in accordance with law within a period of 8 weeks from the date of receipt of this order.  Thus the OA is allowed”.
HEARING AIDS
G.I., M.H.,O.M.No.S-14025/10/2002/MS dated 26.5.2015 – Revision of rate and guidelines for reimbursement of expenses of Hearing Aids under CS (MA0 Rules, 1944 and CGHS.
it has been decided to revise the rates and guidelines for hearing aids to be reimbursed under CS (MA) Rules, 1944 and CGHS.  The revised ceiling rates fixed for various types of hearing aids (for one ear) are as under :- 
Body Worn / Pocket Type – Rs.3,000                                       Analogue BTE    -  Rs.7,000
Digital BTE                            -  Rs.15,000                                        Digital ITC/CIC   -  Rs.20,000
The cost of hearing aids shall include all taxes including VAT and shall carry 3 year warranty.  The cost of Analogue BTE / Digital BTE/ITC/CIC type hearing aid shall also include the cost of hearing mould.
(i)                  Patients/Beneficiaries should be properly referred to CGHS/Govt. Hospital ENT specialist from the parent CGHS wellness centre.
(ii)                To carry CGHS Beneficiary’s ID card (in original) for consultation and Audiometric test.
(iii)               The ENT specialist of CGHS/Govt. Hospital shall then recommend a hearing aid on basis of Audiometric and Audiological assessment, specifying the type of hearing aid most suited for the Beneficiary.  The Audiogram report shall be authenticated by ENT Specialist/Consultant of the CGHS/Govt. Hospital.
(iv)              Permission shall be granted by the Addl. Director (Zonal) in case of CGHS Pensioner Beneficiaries & for serving employees by the Head of Department/Office.  An undertaking that the beneficiary has not been reimbursed the cost of hearing –aid in the preceding five years.   ( For more other details refer to OM dated 26.5.2015 Please )

Sl.No.76 of SwamysnewS Tribunal Judgments : (O.A.No. 546 of 2012 Shri K. Raveendran v. Senior Supdt. Of POS, Thiruvananthapuram North Division & others, (Ernakulam) date of judgment 9-12-2014)
Service as Group D regular service earns pensionary benefits only if such service rendered is for 10 years.  In this case, the applicant who entered service as ED Agent (EDA) regularized as Group D postal servant on 17-10-2000 thereby possessing less than 10 years of service to enable him to get pensionary benefits when he retired on 30-9-2008.  In that situation, the Postal Authorities concerned are directed for treating the date of arising of the vacancy in 1998 as notional date of appointment instead of his actual date of joining Group D on 17-10-2000 and to grant him pensionary benefits as per the provisions of CCS (Pension) Rules, 1972.  Respondents to consider the representation of the applicant in the light of the observations made in this order and shall pass a considered order in this regard within two months from the date of receipt of a copy of this order and communicate to the applicant”.  OA is thus disposed of.
Courtesy: SwamysnewS Monthly.
Extracted for Information of Members of Bharat Pensioners’ Samaj & its Affiliates.
                                                = M. Chandramowli, Secretary – BPS-POPA., Hyderabad
-------------------------------------------------------------------------------------------------------------------------------------