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Hon’ble Supreme Court rules that A person cannot be deprived of Retirement Benefit without the authority of law and that executive instructions are not having statutory character and, therefore, cannot be termed as “law” within the meaning of aforesaid Article 300 A

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CA. No.6770/2013 @ SLP (C) No. 1427 of 2009
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013 (Arising out of Special Leave Petition (Civil) No. 1427 of 2009)
State of Jharkhand & Ors...... Appellant(s)Vs.
Jitendra Kumar Srivastava & Anr. .....Respondent(s)
WITH
C.A. No. 6771/2013 (arising out of SLP(C) No. 1428 of 2009)
J U D G M E N T
A.K. Sikri, J
1.Leave granted.
2.Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent.
Not happy with this outcome, the State of Jharkhand has preferred this appeal.
3.For the sake of convenience we will gather the facts from Civil…

Hon’ble Supreme Court rules that A person cannot be deprived of Retirement Benefit without the authority of law and that executive instructions are not having statutory character and, therefore, cannot be termed as “law” within the meaning of aforesaid Article 300 A

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CA. No.6770/2013 @ SLP (C) No. 1427 of 2009
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013 (Arising out of Special Leave Petition (Civil) No. 1427 of 2009)
State of Jharkhand & Ors...... Appellant(s)Vs.
Jitendra Kumar Srivastava & Anr. .....Respondent(s)
WITH
C.A. No. 6771/2013 (arising out of SLP(C) No. 1428 of 2009)
J U D G M E N T
A.K. Sikri, J
1.Leave granted.
2.Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent.
Not happy with this outcome, the State of Jharkhand has preferred this appeal.
3.For the sake of convenience we will gather the facts from Civil…

Let's ensure citizens' right grow old with dignity

Let’s ensure citizens’ right to grow old with dignityTHE ASIAN AGE. | MALA KAPUR SHANKARDASSPublished : Sep 28, 2018, 6:16 am Older people must demand legislations and laws, which protect their rights, stop age discrimination and ageism. Many issues related to ensuring rights of older persons can be put in place if there is a dedicated international protection regime.It is going to be almost three decades since the United Nations General Assembly designated October 1 the International Day for Older Persons (IDOP) on December 14, 1990. Since then a lot has been done by observing this day in different countries in their respective ways as per their policies and programmes to bring focus to the particular needs and challenges faced by older people. Yet older people require more attention, recognition of the essential contribution they make to families, communities and society particularly now and in the immediate future as the population of over 60 years is projected to reach 1.4 billion…

Amendment of instructions DR to re-employed pensioners con sequent on revision of ignorable part of pension-RBE 140

Amendment of instructions DR to re-employed pensioners consequent on revision of ignorable part of pension – RBE.140PC-VII No.: 118R.B.E. No.:140/2018GOVERNMENT OF INDIA (BHARAT SARKAR)MINISTRY OF RAILWAYS (RAIL MANTRALAYA)(RAILWAY BOARD)No.2016/F(E)III/1(1)/8New Delhi, Dated:17.09.2018The GMs/Principal Financial Advisers, All Zonal Railways/Production Units etc., (As per mailing list)Sub: Amendment of instructions regarding dearness relief to re-employed pensioners consequent on revision of ignorable part of pension for fixation of pay in the re-employment post – reg.A copy of Department of Pension & Pensioners’ Welfare (DOP&PW)’s O.M. 42/14/2017-P&PW(G) dated 08th March, 2018 on the above subject is enclosed for information and compliance. Department of Pension & Pensioners’ Welfare’s O.Ms No.45/73/97-P&PW(G) dated 02.07.1999 and No.38/88/2008-P&PW(G) dated 09.07.2009 referred to in the enclosed O.M. dated 08.03.2018, were circulated on Railways vide this off…

Relaxation of Rules for treatment of ECH beneficiaries

Relaxation of Rules for Treatment of ECHS Beneficiaries in Kerala and Kodagu District of Karnataka in view of recent Floods 
Central Organisation ECHS Adjutant General’s Branch IHQ of MoD (Army) Maude Lines Delhi Cantt – 110 010 B/49706-MoD/AG/ECHS/2018 17th Sep, 2018 IHQ of MoD (Navy)/Dir ECHS (N) 
RELAXATION OF RULES FOR TREATMENT OF ECHS BENEFICIARIES IN KERALA AND KODAGU DISTRICT OF KARNATAKA IN VIEW OF RECENT FLOODS 
1. State of Kerala and Kodagu District of Karnataka have been adversely affected,by floods. ECHS beneficiaries have also been adversely affected including certain ECHS PCs have been also flooded.
2. Gol (MoD) DoESW has relaxed the rules for treatment procedure as per their letter No 18(92)/2018/VVE/D(Res-1) dt 14 Sep 18 (copy enclosed). The Same is applicable to the following PCs
(a) ECHS beneficiaries dependent on all PCs in the state of Kerala.(b) ECHS beneficiaries dependent on Virarajendrapet & Madikeri PCs in Kodagu District of Karnataka.3. While ECHS beneficiari…

High Court judgement – Termination of the LARSGESS Scheme in Railways

Government of India
Ministry of Railways
Railway Board
R.B.E. NO. 150/2018
No. E(P&A)I-2015/RT-43
Dated: 26.09.2018
The General Managers
All Indian Railways
(Attn CPOs)
Sub: Termination of the LARSGESS Scheme in view of directions of Hon’ble High Court of Punjab and Haryana and the orders of Hon’ble Supreme Court of India in SLP (C) No. 508/2018 dated 08.01.2018.
Ref: Board’s letter of even number dated 27.10.2017
The Honble Punjab and Haryana High Court in its judgement dated 27.04.16 in CWP No 7714 of 2016 had held that the Safety Related Retirement Scheme 2004 (later renamed as the Liberalised Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS) 2010) “prima facie does not stand to the test of Articles 14 and 16 of the Constitution of India” it had directed ‘before making any appointment under the offending policy let its validity and sustainability be revisited keeping in view the principles of equal opportunity and elimination of monopoly in holding public empl…

No Delay or deficiency in delivery of services to the pensioners – CPAO GOVERNMENT OF INDIA

MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE,
NEW DELHI-110066
PHONE: 26174596, 26174456, 26174438
CPAO/RBD & Comp/MwB/2018-19/N-2
13/09/2018
To
Heads of CPPCs of Authorized Banks
Subject: Uploading of E-scrolls in a regular and systematic manner
Sir/Madam,
Para 8.1.2 of Central Pension Processing Centre guidelines says that “The scrolls received from banks are compiled into monthly accounts in Central Pension Accounting Office by debiting the Composite “Pension” grant of Government of India for central civil pensions. This forms the basis of the preparation of the Union Finance Accounts and the Appropriation Accounts (Civil). In order to ensure budget monitoring, it is imperative that banks incur the authorized expenditure and report the same to CPAO in a regular and systematic manner”. Despite this provision, it has been observed from discrepancy report prepared by CPAO that Banks/CPPCs are not forwarding scrolls to CPAO in t…

Issue of 2 sets of PRCP to Group ‘D’ employees retired on or after 01.01.2006 – Railway Board No. 135/2018

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RBE No.135/2018  ADVANCE CORRECTION SLIP No.79 
GOVERNMENT OF INDIA  MINISTRY OF RAILWAYS  (RAILWAY BOARD) 
No.E(W)2016/PS5-2/9  New Delhi, dated 24.09.2018  The General Managers (P)  All Zonal Railways &  Production Units  Sub: Issue of 2 sets of Post Retirement Complimentary Passes (PRCP) to Group ‘D’ employees retired on or after 01.01.2006. 
The demand for issuance of 2 sets of PRCPs to the staff retired as Group ‘D’ before their reclassification as Group ‘C’ was raised by staff side in the DC/JCM Meeting (Item No.18/2012) and also by AIRF in PNM Meeting (Item No.38/2016) with Board. 
2. The issue has been examined in detail and in order to bring uniformity in cases of all those employees who retired on or after 01.01 .2006 i.e. whether classified as Group ‘C’ or retired as Group ‘D’, it has been decided with the approval of the Competent Authority to amend the relevant provisions of extant Pass Rules. Accordingly, PRCP entitlement stipulated under Columns 1 and 2 of Schedule-IV …