NATIONAL COUNCIL
JCM ON PENSIONARY MATTERS – MINUTES OF MEETING HELD ON 28.05.2013 WITH THE
REPRESENTATIVES OF STAFF SIDE
F.
No. 42/7/2013-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners‘ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Dated : 12th June, 2013
OFFICE
MEMORANDUM
Subject : Minutes of the meeting held on 28.5.2013 with the
representatives of Staff Side, National Council JCM on pensionary matters.
The undersigned is directed to enclose herewith a copy of
minutes of the meeting held on 28.5.2013 with the representatives of the Staff
Side, National Council JCM on pensionary matters under the chairmanship of
Secretary (Pension, AR&PG) in room No. 310, Lok Nayak B Khan Market, New Delhi for information/
necessary action,
Enclosure: As above.
sd/-
(Sujasha Choudhury)
Dy. Secretary (P)
DEPARTMENT OF PENSION AND PENSIONERS’ WELFARE
MINUTES OF THE MEETING WITH THE REPRESENTATIVES OF STAFF SIDE,
NATIONAL COUNCIL JCM ON PENSIONARY MATTERS UNDER THE CHAIRMANSHIP OF SECRETARY
(PENSION, AR&PG) ON 28.5.2013 AT LOK NAYAK BHAWAN, NEW DELHI
Secretary (Pension, AR&PG) chaired a meeting with the
representatives of Staff Side, National Council JCM on 28.5.2013 to discuss
various issues relatingto pension and other retirement benefits. The list of participants is at
Annexure-I. Secretary (Pension, AR&PG) welcomed the participants and
appreciated the contributions of the pensioners in the overall
development of their respective organisation.
2. The meeting started with a discussion on the Action
Taken Report on the minutes of the meeting held on 6.11.2012 as per
details given below:
(i) Ex-gratia payment to SRPF/CPF
beneficiaries who retired other than on superannuation, i.e. voluntary
retirement and medical invalidation cases.
Department of Expenditure has given clearance for deletion
of clause ‘c’ of para 2 of OM dated 22.3.2004 which
prohibits grant of ex-gratia payment to those retired from service
other than superannuation. With this, CPF beneficiary who have retired
voluntarily and on medical grounds after 20 years of service will also be
granted ex-gratia. It was decided that this agenda item will be closed after
issue of a revised OM by the DOP&PW. Ministry of Railways will also
issue similar orders.
Action DOP&PW and Ministry of Railways
(ii) Raising quantum of ex-gratia to CPF retirees on
the lines of SRPF
The latest status of the case was intimated to the JCM.
After the issue of orders by this Department, consequent to the decision
of Cabinet the item may be dropped.
Action : DOP&PW
(iii) Abnormal delay in the issue of revised PPO to Pre – 2006
retirees,pensioners / family pensioners.
(i) It was intimated that the Department had taken the following
initiatives like (a) allowing change in date of birth of spouse, (b) use of
certain documents as proof of date of birth of spouse, (c) inclusion of present
postal address and mobile and telephone number in the life certificate (d) use of e-scroll for extracting
information from banks’ database. (e) revision of
PPOs even in cases where date of birth/age of spouse is not given in the PPO or
this information is not available in the office records for speedy revision of
PPOs.
(ii) As a result, the number of pending revision cases for
civil pensioners has come down from 2,54,467 in August, 2012 to
74,000 as on April, 2013 as per information given by the CPAO on the basis of
e-scrolls.
(iii) However, amendment in calculation of
revised pension, vide OM dated 28.1.13, has necessitated issue of revised
authority in all cases, as indicated in OM dated 13.2.13.
Secretary (Pension, AR&PG) stated that record/information of
many pensioners are not available with the Departments, which is
hampering further progress and the Pensioners Associations should
come forward to help the departments in reaching out to the pensioners/family pensioners.
He further stated that Secretaries of various Departments have been requested
to review the issue of revision of PPO in the fortnightly/monthly meetings.
Railways stated that in case of pre
2006 pensioners advertisement has been issued. Matter was taken up
with RBI to issue notification to all banks Out of 10.89 lakh such cases, 5.46
have been issued revised P.P.Os. Meetings are generally held at various
levels. 30th
September, 2013 has been set as the target date for
disposal of these cases. The progress is being reviewed every month. It has
also been decided to take up the revision of PPOs suo-moto
rather than waiting for anapplication from the
pensioner. The said letter is under issue. Secretary (Pension, AR&PG)
desired that the same may be issued by 15th June, 2013.
Secretary, Pension desired that necessary changes in systems may be
made if that would facilitate the pension sanction and payment processes in the Railways. The
present pension authorisation is decentralised in the Railways,
Secretary, Pension also stated that he will write to the
Chairman, Railway Board in this matter.
CGDA, Ministry of Defence intimated that they hope to complete
the exercise by 30th September, 2013.
Action : CPAO, Ministry of Railways,
Ministry of Defence & DOP&PW
(iv) Fixation of Revised Pension (1/3 of commuted
portion of Pension) in respect of Government servant who had drawn lump
sum payment on absorption – revision by
multiplying pre revised pension by a factor of 2.26
CAT, Hyderabad Bench, vide its order dated 22.4.2013, has
directed, to pass an order for revision ofpension of absorbee pensioner’s.
The Staff Side was informed that the matter was under examination in
consultation with Department of Expenditure.
(v) Commutation of Pension(a)
Revision of old/ new commutation table and
(b) Restoration of commutation period to be reduced from 15 to
12 years.
It was explained that the matter of revision of old/new
commutation table was discussed withDepartment of Expenditure.
It was observed that this issue should be considered by
the next pay commission.
JCM intimated that by the new commutation table, the restoration
of the commuted portion is completed by 11 years because interest
rate is at 8% unlike the old table wherein the restoration period
was after 15 years because interest rate was taken at
4.75%. Department of Expenditure stated that issue for this old/new
commutation table can be studied only by a specialised body and hence could be
looked into by the IRDA. However, these are larger issues for which a
holistic viewneeds to be taken by a body like the Pay Commission. However, the
matter may be referred toDepartment of Expenditure.
(vi) Family pension to divorced/Widowed/ Unmarried
daughter of a Government Servant.- Difficulty faced by them in getting
family pensionsanctioned.- Life Time Arrear.
JCM did not raise any specific point in this regard. In fact, it
was mentioned by the JCM members that the legal view on the issue of nomination
of life time arrear of family pension is that since he/she has not
earn the family pension he/she also can not have the right to
nominate. As such, the matter may be dropped.
(vii) Payment of
arrear pension/family pension on account of revision
ofpension family pension with effect from 1.1.2006-
Specific of bank in Chandrapur.
It was informed that the matter was taken up with CPPC, Mumbai
(SBI), who informed that the payment to pensioners is being made
and there is no such case where pension has not been revised as per
6th CPC. Hence the matter may be dropped.
(viii) Payment of Pension to the
spouse of pensioners through S.B. account opened jointly with
spouse - Problem in SBI.
CPAO has informed that necessary instructions in this regard
have been issued to all CPPCs with the direction to bring the contents to the
notice of all payingbranches. CPAO was requested to
give a copy to the 3C1v1. It was decided to drop the matter.
3. The representatives of 3CM also desired the status of eight
agenda items sent by Shri Shiva Gopa I Mishra, General Secretary, AIRF which were
not included may also be intimated clearly. This may be informed to him
separately.
4. After above discussion on Action Taken Report on
the minutes of meeting dated 6.11.2012, fresh
agenda items were taken for discussion which are as under:
(i) Equitable Gratuity under Rule 50 of Pension Rules. Slabs are
too wide leading to disparity.
Rule 50 of Pension Rules provide the following death gratuity to
the family of the deceased Government servant.
|
Sl.No.
|
Length of service
|
Rate of death gratuity
|
|
1
|
Less than one year.
|
2 times or emoluments.
|
|
2
|
One year or more but less than 5years.
|
6 times of emoluments.
|
|
3
|
5 years or more but less than 20 years.
|
12 times of emoluments.
|
|
4.
|
20 years or more.
|
Half month of emoluments for every completed six monthly period of
qualifying service subject to a maximum of 33 times of emoluments.
|
The JCM (Staff Side) has
stated that the given at Sl. No. 3 above is not equitable and suggested
the following revision: -
|
3(i)
|
5 Years
or more but less than 11 years
|
12
times of emoluments.
|
|
3(ii)
|
11
years or more but less than 20 years
|
20
times of emoluments
|
This issue was discussed in the JCM meeting. The present
slab of death gratuity was introduced w.e.f. from 1.1.1986 and was introduced
as per the recommendations of 4th
Central Pay Commission, vide this Departmen No.
2/1/1987-PIC-II dated 14.4.1987. This slab has not be revised since 1986. In
between, the 5th and
6th Pay Commission had submitted their reports but no
revision had been recommend. After discussions, it was decided that
the matter may be examined in consultation with Department of Expenditure.
Action: DOP&PW
(ii) Extension of CS (MA) Rules, 1944 to Cetnral Government
Pensioners residing in non-CGHS areas.
The Staff Side demanded that as in the case of serving
employees, the CS (MA) Rules may be extended to the pensioners also. This
would make pensioners in the non CGHS areas entitled for reimbursement of
medical expenses. Staff Side also mentioned that Hon’ble Supreme Court
has dismissed some SLPs and allowed reimbursement of medical examination of
pensioners, in accordance with CS(MA) Rules.
The representative from Ministry of Health informed that the
proposal for extension of CS (MA) Rules 1944 to Central Government pensioners
was not agreed to in view of huge financial implications. In regard to the
dismissal of SLP filed by Department against order of courts/tribunals
for grant of medical benefits in individual cases, Ministry of
Health has filed a review petition in Supreme Court. It was also informed that
Ministry of Health is contemplating Health Insurance Scheme on pan India basis
keeping special focus on the non CHGS areas. This is expected to solve the
problems of pensioner’s living in non CGHS areas. The item was treated as
closed.
(iii) Grant of modified parity with reference to the Revised Pay
Scale corresponding to pre revised Pay Scale of the post from which an employee
had retired – upgraded pay scale instead of normal replacement scales.
The JCM suggested that upgraded revised pay scales may be
notionally extended and used for pension fixation instead of normal replacement
scales.
It was informed that after the 5th Pay Commission also modified
parity was allowed with reference to replacement pay scales and not with the
upgraded pay scales. This decision of Government was also upheld by Supreme
Court in its judgement dated 23.11.2006 in the CA No. 3173-3174/2006 &
3188¬3190/2006 (K. S. Krishna Swamy Vs. UOI). In the 6th CPC the
same principle has been followed in view of above. It was informed that it
would not be possible to reopen this issue.Therefore, the item may be closed.
5. The meeting ended with a vote of thanks to chair.
Source: http://www.airfindia.com
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