Thursday, 15 February 2018

Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972


Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972
 

No. 38/49/16 – P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated the 12th February, 2018

Office Memorandum

Sub:- Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

The undersigned is directed to say that in implementation of the decision taken on the recommendations of the 7th CPC, orders were issued vide this Departments’ OM No. 38/37/2016- P&PW(A)(ii) dated 04.08.2016 for revision of pension of pre-2016 pensioners/family pensioners w.e.f 01.01.2016 by multiplying the pre-revised pension/family pension by a factor of 2.57. Subsequently, vide OM No. 38/37/2016-P&PW(A) dated 12.05.2017, it has been decided that the pension/family pension of all Central civil pensioners/family pensioners, who retired/died prior to 01.01.2016, may be revised w.e.f. 01.01.2016 by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/died.

2. Instructions were issued vide this Department’s OM of even number dated 30.11.2016 for extending the benefit of OM dated 4.8.2016 to the following categories of pensioners drawing provisional pension under Rule-69 of the CCS (Pension) Rules, 1972.

(i) Retired before 1.1.2016 and sanctioned provisional pension under Rule-69 of the CCS (Pension) Rules on account of departmental/judicial proceedings or suspension.

(ii) Suspended before 1.1.2016 and sanctioned provisional pension, based on their pre-revised pay under Rule-69 of the CCS (Pension) Rules on retirement on or after 1.1.2016.

3. It has now been decided that provisional pension sanctioned in the above cases may be revised w.e.f. 1.1.2016 in accordance with the instructions contained in this Department’s OM No.38/37/2016-P&PW(A) dated 12th May, 2017. Higher of the two formulations i.e. OM dated 4.8.2016 or OM dated 12.5.2017 would be the revised provisional pension w.e.f. 1.1.2016 in such cases.

4. This issues with the approval of Department of Expenditure. Ministry of Finance ID No.1(21)/E-V/2016 dated 15.01.2018.

5. Hindi version will follow.

Enc. a.a.

(Harjit Singh)
Director

JOINT CAMPAIGN OF CONFEDERATION & AISGEF AGAINST NPS AND OUTSOURCING

JOINT CAMPAIGN OF CONFEDERATION & AISGEF AGAINST NPS AND OUTSOURCING – SIGNATURE CAMPAIGN FEBRUARY 10TH TO MARCH 10TH – COPY OF MEMORANDUM TO BE SUBMITTED TO PRIME MINISTER AFTER OBTAINING SIGNATURE
To
The Hon'ble Primie Minister of India
We, those who signed in this memorandum are state and central Government Employees of the country . We may submit the following burning issues of the state and central Government Employees for your kind consideration and disposal.
The system of pension as a social security benefit to the employees in Government sector in India has been existing since the early British days. After independence the pension system was further improved and family pension was also introduced . The Defined pension scheme for the government employees is a well-built scheme as the best of all social security benefits for the employees and they are not required to contribute anything for pension.
Government of India introduced contributory pension to employees those who entered in government service on or after 1.1.2004 .Majority of the state Government s also introduced the same for their employees. The Contributory Pension Scheme is totally depend on the profit and loss in the share market and Government have no control on the fund and it has nothing to do with the welfare of the employees or any individual or even Government finances.
The concept of pension as elaborated by the 4th Central Pay Commission, is 'Pensions to the former members of armed forces and civilian employees of Central Government is not by way of charity on an ex-gratia payment, or a purely social welfare measure was totally changed by . It is in the nature of a “right” which is enforced by the law”. Later the concept was further strengthened by the Land mark Judgement delivered by the Supreme Court in 1982 in a Writ Petition filed by D.S.Nakara Vs the Union of India. Supreme court declared that the Pension is not only compensation for loyal service rendered in the past but has also a broader significance in that it is a measure of socio-economic justice which inheres economic security in the fall of life .The PFRDA Act is against the earlier ruling of the Supreme Court on the employees' Right to Defined Benefit Pension as cited earlier.
There is no assurance, for getting pension ,except market based guarantee in NPS. The stock markets have never remained consistently strong over a long period of time. This volatility of stock market is a cause of serious concern about the sustainability of the National Pension Scheme itself.
The transition from this Defined Benefit Pension System to the Defined Contribution Pension System will make civil services more unattractive. Majority of State Governments are reluctant to remit the employer’s contribution to the pension fund. There is no assurance in getting the pension to the employees and workers.
For all these reasons, particularly the cut in salary and pension of the employees, absence of Government guarantee for retirement benefits in the National Pension Scheme and the distinct possibility of a sustainable Defined Benefit Pension System along with extension of social security system for the unorganised sector, we are not in a position to accept the National Pension Scheme. We strongly urge that a more in depth factual and analytical discussion is essential on National Pension System.
Contract Labour is one of the acute form of unorganized labour. Under the system of contract labour, workers are employed on the contract basis. The contract worker is a daily wager or the daily wages are accumulated and given at the end of the month. Contract workers are paid much lower wages than they would be entitled to under direct employment. This system led to whole-scale exploitation of labour, and a series of demands were made before tribunals for the abolition of contract labour system.
The system of employing contract labour is prevalent in civil service and in the services sector. The civil service has a major role in the smooth functioning of a Democratic Government. As part of overall development of the society and increase in population, the civil service also must be extended its wing. Education, Health, Public Transport, Communication, Welfare measure to women and children are all developed much. Numerous job opportunities have created round the world in Government Service.
The regular appointment to government sector ceased. Instead contract employment started. As such it is seen that the number of regular employees in the civil service are decreasing day by day, whereas the number of daily waged/contract/outsourced employees are increasing . By this time all the centrally sponsored schemes also emphasis on contract appointment. All the flagship programmes of Government of India are implementing with Daily waged/Contract/Casual appointment.
Bypassing UPSC and State Public Service Commission and Employment Exchanges which are the main recruitment agencies for central and State Governments, Unemployment among the educated youth is the main reason for Contract Employment. On contract employment the appointment is for limited monthly income. This is a kind of exploitation of labour.
The Supreme Court of India in a Land mark Judgment ruled that temporary employees performing similar duties and functions as discharged by permanent employees are entitled to draw wages at par with similarly placed permanent employees. The principle must be applied in situations where the same work is being performed, irrespective of the class of employees. The constitutional principle of 'equal pay for equal work' has been upheld by the Supreme Court of India.
Hence we appeal to the Hon'ble Prime Minister of India to take urgent measures to repeal the National Pension system and ensure defined pension to all employees and to regularise all Contract / Casual Employees and ensure equal wages for equal work for all employees including contract and casual employees. We appeal the Government of India to heed the demands of the employees in the country and take appropriate action in this regard.
New Delhi,

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