Grant of Ex-gratia to those pre-1986 Contributory Provident Fund (CPF) employees who retired otherwise than on superannuation after 20 years of service

No. 45/52/97-P&PW(E) (Vol.II)

Government of India

Ministry of Personnel, Public Grievances, and Pensions

Department of Pension and Pensioner’s Welfare

3^rd Floor, Lok Nayak Bhavan

Khan Market, New Delhi – 110003

Dated 22^nd March, 2004

OFFICE MEMORANDUM

Subject: Grant of Ex-gratia payment to CPF retirees.

          The undersigned is directed to refer to this Department’s O.M. No. 45/52/97-P&PW(E) dated the 16^th December, 1997 on the above subject and to say that references have been received in this Department raising a doubt whether the Central Government servants who retired on voluntary basis with CPF benefits are also eligible for grant of ex-gratia payment in terms of the said O.M.

2.       The matter has been examined in consultation with the Ministry of Finance.  It is clarified that the CPF beneficiaries who retired on voluntary basis are not entitled to grant of ex-gratia payment under the said O.M. Para 7 of the O.M. dated 16.12.1997 may be treated as modified accordingly as follows:-

The ex-gratia payment is not admissible to (a) those who were dismissed or removed from service. (b) those who resigned from service, and; (c) those who retired from service other than on attaining the prescribed age of superannuation.

3.       This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their U.O. No. 95/E.V/2004 dated 30.01.2004.

Sd/

(M.P. Singh)

Director

No.45/52/97-P&PW (E) Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners’ Welfare) Third Floor, Lok Nayak Bhavan,Khan Market, New Delhi 110003

Dated: 16th December, 1997

OFFICE MEMORANDUM Grant of Ex-gratia payment in respect of CPF retirees and their family members. The undersigned is directed to refer to this Department’s OMs No.4/1/87-P&PW(PIC) dated 13th June, 1988 and No.5(1)/88-P&PW(E) dated 27th September, 1988 sanctioning/revising payments of ex-gratia w.e.f. 1.1.1986 or from the date following the date of death of the deceased employee, whichever is later in respect of widows and dependent children of the deceased CPF beneficiaries who had retired from service prior to 1.1.1986 and the widows and dependent children of the CPF beneficiaries who died while in service prior to 1.1.1986 and the Central Government employee who had retired on Contributory Provident Fund benefits prior to 18th November, 1960, having rendered at least 20 years of continuous service prior to their superannuation drawing pay upto Rs.500 p.m., at the following rates: Categories of the beneficiaries Pay drawn at the time of retirement Consolidated ex-gratia pension upto average 608 points 1 2 3 Families of pre 1986 CPF retirees/deceased Employees Not Applicable Rs. 150/- Retirees of pre 1960 Period Rs. 80/- or less Rs. 168/- Above Rs. 180/- and Upto Rs. 130/- Rs. 170/- Above Rs. 130/- and Upto Rs. 200/- Rs. 186/- Above Rs. 200/- and Upto Rs. 500/- Rs. 283/-

The president is now pleased to decide that the ex-gratia payment sanctioned as above shall be consolidated w.e.f. 1.11.1997 by taking into account the basic ex-gratia plus dearness relief as on 1.1.1997 plus Interim Reliefs I, II and III. The existing amount of ex-gratia, the revised amount of ex-gratia w.e.f. 1.11.1997 and the rates of dearness relief w.e.f. 1.11.1997 would be as under: The amount of basic ex-gratia prior to 01.11.1997 Revised/consolidated basic amount of ex-gratia w.e.f. 01.11.1997 Rates of DR p.m. w.e.f. 1.11.1997 and until further orders. 1 2 3 Rs. 150/- Rs. 605/- Rs. 31/- Rs. 168/- Rs. 654/- Rs. 33/- Rs. 170/- Rs. 659/- Rs. 33/- Rs. 186/- Rs. 703/- Rs. 36/- Rs. 283/- Rs. 965/- Rs. 49/-

Dearness Relief as may be notified from time to time in future shall also be admissible to them.

The recipients of ex-gratia payment who are employed/re-employed under the Central or a State Government or under a body corporate/autonomous organisation belonging to the Central or State Government were aligible only for pre consolidated basic ex-gratia and were not eligible for increase in dearness relief on ex-gratia payment allowed from time to time in the past during the period of their employment/re- employment. With this consolidation, such CPF retirees/family members of the deceased CPF retirees will be eligible for ex-gratia payment as indicated in column 2 of para 2 above w.e.f. 1.11.1997 during the course of their employment/re-employment. These persons will not be entitled to dearness relief indicated in column 3 above and which may be sanctioned in future so long as they remain employed/re-employed.

The CPF beneficiaries/family members who are already in receipt of ex-gratia payment will get dearness relief on the pre consolidated amount of ex-gratia at old rate w.e.f. 1.7.1997 to 31.10.1997, i.e. at the rate or 182%. Their dearness relief will be Rs.273, 306, 310, 339 and 516 respectively from 1.7.1997 to 31.10.1997.

Based on the recommendations of the Fifth Central Pay Commission, the President is pleased to decide to grant ex-gratia payment to the CPF beneficiaries who retired between the period 18th November, 1960 to 31st December, 1985 at the rate of Rs.600/-p.m. w.e.f. 1st November, 1997, subject to the condition that such persons should have rendered at least 20 years of continuous service prior to their superannuation for becoming eligible to the ex-gratia payment. They will also be entitled to dearness relief as may be notified from time to time in future. They will also be entitled to dearness relief @ 5% w.e.f. 1.11.1997 as admissible to existing ex-gratia beneficiaries.

As laid down in the Ministry of Finance O.M. dated 28.11.1969, the ex-gratia payment is not admissible to (a) those who were dismissed/removed from service and (b) those who resigned from service.

Arrears of ex-gratia payment will be payable w.e.f. 1.11.1997. Life-time arrears of ex-gratia payment will also be admissible in respect of CPF beneficiaries who were alive on 1.11.1997 and died subsequent to that date, for the period from 1.11.1997 to the date of death.

The periodical certificates such as life certificate, non- employemnt certificate etc. prescribed for drawal of pension will also be required to be produced by the receipient of the ex-gratia payment to the appropriate disbursing authorities.

These orders apply to all civilian Central Government employees including civilians paid from Defence Service Estimates but will not apply to Railway Employees. Separate orders will be issued by the Ministry of Railways (Railway Board) for the railway employees.

To All Ministries/Departments of the Government of India.

ANNEXURE-I

Form of intimation by the Ex-Gratia Payment Disbursing Authority to the Central Pension Accounting Office/Pay and Accounts Office regarding consolidation of Ex-Gratia Payment in terms of Department of Pension & Pensioners’ Welfare Office Memorandum No.45/52/97-P&PW(E) dated 16.12.1997.

Name of the Ex-gratia beneficiary Ex-gratia Payment Order No. Date of retirement/Death (in case of Payment to family member) Savings Bank A/c No. Name of the bank/Paying Branch Bank Code No. Existing basic payment of ex-gratia payment Consolidated amount of ex-gratia as on 1.11.1997 Remarks if any.

SIGNATURE OF EX-GRATIA PAYMENT DISBURSING AUTHORITY

To 1. Central Pension Accounting Office, Ministry of Finance, Department of Expenditure, Trikoot-II, Bikaji Cama Place, New Delhi-110066. 2. Concerned Pay & Accounts Office

ANNEXURE-II

GOVERNEMNT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS (RAIL MANTRALAYA) RAILWAY BOARD

S.No.PC-V/38 RBE NO.19/98 No.F(E)/III/97/PNI/Ex.Gr/5 New Delhi, Dt.27.1.1998

The GMs/OSDs/CAOs etc. All Indian Railways & Production Units (As per Mailing List) Subject:Grant of ex-gratia payment to surviving SRPF(C) retirees of the period 1.4.57 to 31.12.85.

Based on the recommendations of the Vth Central Pay Commission, the President is pleased to grant ex-gratia payment to the SRPF (C) beneficiaries who retired between the period Ist April, 1957 to 31st December, 1985 at the rate of Rs.600/- p.m. w.e.f. Ist November, 1997, subject to the condition that such persons should have rendered at least 20 years of continuous service prior to their superannuation for becoming eligible to the ex-gratia payment. They will also be entitled to Dearness Relief at the rate of 5% w.e.f. 1.11.1997. 2.  The ex-gratia payment is not admissible to (a) those who were dismissed/removed from service and (b) those who resigned from service. 3.  Arrears of ex-gratia payment will be payable w.e.f. 1.11.1997. Lifetime arrears of ex-gratia payment will also be admissible in respect of SRPF(C) beneficiaries who were alive on 1.11.1997 and died subsequent to that date for the period from 1.11.1997 to the date of death. 4.  The periodical certificates such as life certificate, non-employment certificate etc. prescribed for drawal of pension will also be required to be produced by the recipient of the ex-gratia payment to the appropriate disbursing authorities. 5.  The following steps may be taken to give wide publicity to these orders so that retired SRPF(C) beneficiaries concerned may submit their applications for ex-gratia payment at the earliest:- Press notes should be issued for publicity through the English as well as vernacular Press. The copies of the orders should be displayed on the notice boards of each railway establishment. The orders should be published in the Railway Gazette (in English, Hindi and other regional languages) so that serving employees may apprise retired SRPF (C) beneficiaries about these orders. The copies of the orders should also be furnished to the recognised unions. Retired employees, whose addresses are available with the administration e.g. on their request for the issue of post retirement passes, may be addressed individually enclosing a copy of the application form enclosed with these orders. 6.  The appropriate authorities to whom the applications for such payment should be submitted should be specified. In no case the application for ex-gratia payment will be processed by an office other than from where the concerned SRPF(C) beneficiary had retired. The appropriate authorities from where beneficiaries would collect the application form should also be specified in the notices. 7.  The following procedure is prescribed for giving effect to these orders:- The SRPF(C) retiree eligible to receive ex-gratia payment in terms of these orders shall make an application in the enclosed form in quadruplicate accompanied by all the relevant documents mentioned therein to the head of office in which the SRPF (C) beneficiary last served before retirement. In case a department or a unit has been abolished or merged with another department or unit, the ex-gratia payment would have to be processed and sanctioned by the office in which the parent department or unit of the retired employee was merged or the office which is keeping the record of the abolished office, as the case may be. It will be the responsibility of the applicant to satisfy the head of office that he/she is eligible to receive ex-gratia payment under these orders and establish identity by production of documents such as SRPF Account slips, retirement orders, or such other relevant records which may be available in his/her possession. (i)    The head of office shall verify the claim with reference to his records. The 20 years continuous service rendered as stated in the claim for the payment should be checked with reference to service records. He shall specifically verify that the employee had not been removed, dismissed or had not resigned. (ii)   If service books are not available, the check should be conducted with the help of entries in the SRPF ledgers, subject to the head of office being satisfied that the employees had not been removed, dismissed or had not resigned at the time of closure of SRPF(C) account. (iii)   Only in the absence of both the above mentioned records, the fact that a retired SRPF(C) beneficiary is getting post-retirement passes can also be considered as a collateral evidence, provided there is nothing to indicate that the minimum service for eligibility to the grant of post-retirement passes viz. 20 years service, has not been completed. The head of office sanctioning the ex-gratia shall obtain a certificate from the pass issuing officer in this regard which should indicate the authority under which such passes had been issued. This certificate will not be issued by an authority lower than a Senior Scale Officer. Along with this, the claimant shall be asked to produce an affidavit sworn before a magistrate duly attested by two gazetted officers stating that he has completed 20 years continuous service and had not been removed or dismissed and had not resigned. It would be the responsibility of the head of office or department to determine eligibility of the claimant with respect to his entitlement to receive the ex-gratia payment. He will also ensure that duplicate claims for grant of ex-gratia payment under these orders are not sanctioned. For this purpose, a separate ‘Register of ex-gratia payment applications’ will be opened, and necessary endorsements to this effect that ex-gratia payment has been sanctioned shall be recorded in the service records, SRPF ledger of the retired employee and the ‘Register of ex-gratia payment application’. After the head of office has satisfied himself about the eligibility of the claim, he shall sanction the ex-gratia payment and forward the payment authority to accounts office in the same way as the cases of existing pensionable employees are sent to accounts office. Endorsement to this effect will be made on his file as is being made in the case of existing pensionable employees. This file will be kept as a permanent record for future verification alongwith the ‘Register of ex-gratia application'. On receipt of papers from the head of office, the Accounts Officer after exercising detailed check of the papers shall cause the payment authority to be issued. The ex-gratia payment authority/order should indicate the amount of Dearness Relief payable as indicated in para 1. The ex-gratia payment authority/order should follow the same channel through which the pension payment order in respect of pensionable employees is routed. The existing pension payment order may be used for this purpose. The accounts office should follow the existing procedure for record keeping, verification, reconciliation etc. for ex-gratia payment as is being followed in respect of pensionable employees. Similar procedure should also be followed by Accounts office to check duplicate claims as is being followed for the pensionable employees. The ex-gratia payment under these orders will be payable through disbursing authorities which are at present authorised to disburse pension on behalf of the Central Government, namely the branches of public sector banks, treasuries and post offices as may be applicable for respective establishments from which the deceased government servant had retired last. The disbursing authority will identify the SRPF(C) beneficiary with the help of his/her personal marks of identification, his/her photograph, specimen signatures available on the ex-gratia payment order/authority in the same manner as is being done for pensioners for making payment. The periodical certificates such as life certificates, non-employment certificates, etc. prescribed for drawal of pension will also be required to be produced by the recipient of the ex-gratia payment to appropriate pension disbursing authorities. In the case of drawal of ex-gratia payment through disbursing offices other than public sector banks etc. the facility of remittance by postal money order at "payee’s" cost shall also be available. 8.  The expenditure on account of grant of ex-gratia payment shall be debitable to a new "Detailed Head 692 under Sub Head 690 under Minor Head 600-Abstract ‘L’-Demand No.13". 9.  Please acknowledge receipt. 10.  Hindi version follows.

Encl./Form of Application (S. SREERAM) Dy. Director Finance (Estt.)III, Railway Board (To be furnished in quadruplicate)

FORM OF APPLICATION

To (Head of office in which SRPF(C) beneficiary last served before his retirement) Affix Photograph Subject: Application for the grant of ex-gratia payment to the surviving SRPF(C) beneficiaries whoretired between 1.4.57 to 31.12.85

Sir, I hereby apply for grant of ex-gratia payment to me in terms of Ministry of Railways O.M.No.F(E)III/97/PNI/Ex.Gr./5 dated 27.1.98. Requisite particulars are given below:-

Name of the applicant. Full address of the applicant. Date of retirement. Office of retirement. Post held by him/her at the time of retirement. SRPF account number of the Railway Servant. Authority who authorised payment of the balance amount in SRPF A/c (if known). Name of the Authorised Public Sector Bank, Treasury or Post Office through which the ex-gratia payment is to be drawn monthly. List of documents attached:- Three specimen signatures duly attested (to be furnished in three separate sheets). Three copies of Passport size photographs of the applicant duly attested. Descriptive role of the applicant duly attested indicating (a) height and (b) personal marks if any on the head, face etc. (Specify a few conspicuous marks, moles not less than two, if possible). Certificate of age duly attested. Attested copies of retirement order, service certificate if available. Attested copies of SRPF slips if available. Address of the office, which is issuing post retirement complimentary passes. Any other document indicating that the applicant is a genuine claimant (to be specified) Three slips each bearing left hand thumb and finger impressions of the applicant duly attested.

Signature of applicant (full address)

ATTESTATION

(Attestation should be done by two Gazetted Railway/Government servants or two or more persons of respectability in the town, village or panchayat in which the applicant resides) Certified that I have known Smt./Shri ______________ son/daughter of ________________ and resident of _____________ and I am satisfied that he/she is the bonafide claimant of ex-gratia payment applied for. Signature/Seal of the attesting authority Signature/Seal of the attesting authority