Sunday, August 30, 2009

Grant of additional pension on attaining the age of 80 years regarding



OM No.38/48/09-P&PW(A)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension and Pensioners Welfare)

*******

Norht Block,New Delhi-110 003
the 27th August, 2009

OFFICE MEMORANDUM



Subject:- OA No. 504 of 2009 filed in the Central Administrative Tribunal, Ernakulam Bench - Grant of additional pension on attaining the age of 80 years regarding.



The following Applications filed OA No. 504 of 2009 in the Central Administrative Tribunal, Ernakulam Bench seeking direction of the hon'ble CAT that the pensioners/family pensioners may be given the additional quantum of pension/family pension, in terms of Department of Pension & PW Resolution No.38/37/08-P&PW(A) dated 29.8.2008, OM No.38/48/09-P&PW(A) (pt.I) dated 3.10.2008, just after their completion of the age of 79 years:

1. Sothern Railway Pensioners Association, Gopalan Vaidyar's Compound, Tileri Road, Bolar, Mangalore.

2. Shri.K.Gopal Shenoy, Retired Wireless Inspector(Railways), Old Canara Bank Building, Padavinagadi, Konchady Post. Mangalore.
3. Kamalaksha, Retired Railway Trollyman, Nadukar House, Kalnad Village, Kasaragod District-670 217.

2. The Central Administrative Tribunel, Eranakulam Bench, in its Order dated 28.7.2009 disposed of the above OA with the following advice to the Secretary, Department of Pension & Pensioners Welfare: "To consider the representations at Annexures A-4 to A-6 along with the grounds raised in the OA and pass a suitable order within a period of two months from the date of communication of this order"

3. In compliance of the above advice of the Hon'ble CAT, the representations at Annexure A-4 to A-6 and the grounds raised in para 5 of the OA No. 504 of 2009 have been examined in the Department of Pension & Pensioners Welfare.

4. The thrust of the arguement made in the representations/OA is that a person attains the age of 80 years on completion of the age of 79 years and, therefore, the additional quantum of pension available on attaining the age of 80 years should be paid immediately on completion of the age of 79 years.

5. The above argument of the Applicants is on account of misinterpretation of the meaning of the phrse "attaining the age of". The position in the Rules regulating the service conditions of the Government servants in this respeect is well settled. In accordance with Rule 56 of the Fundamental Rules applicable to the Government servants, a Government servant retires from service on the afternoon of the last day of the month in which he attains the age of 60 years. Accordingly, a Government servant retires on the afternoon of teh lsat day of the month in which he completes the age of 60 years and not in the month in which he completes the age of 59 years. On this analogy, the additional pension/family pension on attaining the age of 80 years has to be paid only after the pensioner completes the age of 80 years and not after he completes the age of 79 years.

6. In para 5(M) of the OA, the Applicants have referred to the Venkataramani Iyer's Law laxicon with Leagal Maxima (Reprint 1991) according to which a person attains the 21 years "on the day preceding the anniversary of his 21st Birthday". In terms of this definition itself, a person born on 5.4.1988 attains the age of 21 years on 4.4.2009 and not on 5.4.2008

7. It is clear from the above that a person attains the age of 80 years only when he completes the age of 80 years and not when he completes the age of 79 years. However, for the sake of convenience, it has been provided in the orders issued by this Department that the additional quantum fo pension/family pension, on attaining the age of 80 years and above, would be admissiable from the 1st day of the month in which the date of birth falls...

8. In the light of the foregoing, the request of the Applicants for payment of the additional quantum of pension available on attainging the age of 80 years immediately on completion of the age of 79 years is not agreed to.

9. This issues with the approval of Secretary, Department of Pension & Pensioner's Welfare.

1 comments:

PS TUTEJA said...

PENSIONERS ARE THE COMMUNITY, WHOSE SERVICES CAN BE UTILIZED AS AN ADVISORY INSTRUMENT, AS THEY WILL LEAVE THIS UNIVERSE WITH ALL THEIR EXPERIENCE, WHICH IS OF NO UTILITY IN THEIR SUBSEQUENT JOURNEY TO THE HEAVEN. FOR WHICH INDIAN GOVT HAVE TO PAY PRICE IN TERMS OF DUE RESPECT AND DIGNITY AS PER THEIR AGE.THEY SHOULD NOT BE TREATED AS APPARTHEID IN THEIR OWN LAND OF BIRTH TILL THE AGE OF 65 FOR ALL PRACTICAL PURPOSES INCLUDING INCOME TAX AND ADDITIONAL BENEFITS FROM THE AGE OF 65, AS 75% LEAVE FOR HEAVEN MUCH BEFORE THAT.


Rates of Dearness Allowance & Finmin Orders for DA, DR & 5th CPC

DA & DR ORDERS - EXPECTED DA STATUS
Effective DatesAdditional DA Total DA DA OrdersDR Orders5th CPC
1.1.2006 0-DA/DR
1.7.2006 2%2%29.08.2008DA/DR
1.1.2007 4%6%29.08.2008DA/DR
1.7.2007 3%9%29.08.2008DA/DR
1.1.2008 3%12%29.08.2008DA/DR
1.7.2008 4%16%29.08.2008DA/DR
1.1.2009 6%22%13.03.200927.03.2009DA/DR
1.7.2009 5%27%18.09.200929.09.2009DA/DR
1.1.2010 8%35%26.03.201031.03.2010DA/DR
1.7.2010 10%45%22.09.201029.09.2010DA/DR
1.1.2011 6%51%24.03.201129.03.2011DA/DR
1.7.2011 7%58%03.09.2011 05.10.2011DA/DR
1.1.2012 7%65%03.04.2012 04.04.2012DA/DR
1.7.2012 7%72%28.09.2012 25.10.2012DA/DR
1.1.2013 8%80%25.04.2013 02.05.2013DA/DR
1.7.2013 10%90%25.09.2013 03.10.2013DA/DR
1.1.2014 10%100%27.03.201409.04.2014DA/DR
EXPECTED DA JUL 14 - JANUARY STATUS EXPECTED DA JUL 14 - FEBRUARY STATUSEXPECTED DA JUL 14 - MARCH STATUSEXPECTED DA JUL 14 - APRIL STATUSEXPECTED DA JUL 14 - MAY STATUS

LIST OF CGHS HOSPITALS

1. ALLAHABAD 2. AHEMDABAD 3. Bangalore 4. Bhubhaneshwar 5. Bhopal
6. Chandigarh 7. CHENNAI 8. Delhi 9. Dehradun 10. Guwahati
11. Hyderabad 12. Jaipur 13. Jabalpur 14. Kanpur 15. Kolkata
16. Lucknow 17. Meerut 18. Mumbai 19. Nagpur 20. Patna
21. Pune 22. Ranchi 23. Shillong 24. Trivandrum 25. Jammu.

TA / DA RULES

TRAVELLING ALLOWANCE ORDERS
Rates of Daily Allowance-Finmin23.09.2008
Travel Entitlements - Finmin23.09.2008
Finmin orders on TA22.01.2009
Finmin Clarification on TA18.02.2009
IT Relaxation on TA04.03.2009
TA on Retirement11.04.2009
Travel Entitlements on Transfer08.06.2010
Finmin orders on TA/DA11.06.2010
Journey on Transfer30.12.2010
Finmin Orders on TA24.01.2011
TA/DA on Permanent Transfer01.02.2011
Different types of TA27.04.2011
Definition of Travelling Expenses02.06.2011
Railway Clarification TA on Transfer16.08.2011
Finmin Clarification on TA01.08.2012
CGDA Clarification on TA 'A' Cities08.01.2013
Travelling Allowances for Medical Treatment10.05.2013
Railway Clarification on TA/DA12.08.2013

7th CENTRAL PAY COMMISSION NEWS

TITLEDATEARTICLESORDERS
7TH CPC REPORT AND THE NEED FOR TIMELINESS16.04.20147thCPC Blog
DID YOU KNOW HOW THE 6TH CPC MULTIPLICATION FACTOR OF 1.86 WAS DERIVED..?15.04.201490Paisa
EXPECTED PAY STRUCTURE OF 7TH CPC10.04.201490Paisa
Date of submission of 7th CPC Report05.04.2014-Rajya Sabha
Comments and Suggestions on 7th CPC04.04.201490Paisa
A webpage has been created by the Ministry of Finance for 7th Central Pay Commission24.03.2014-Finmin
Federations veiws on the ToR of 7th CPC05.03.2014AIRF/BPMS/IRTSA
Cabinet approved 7th Central Pay Commission Terms of Reference28.02.201490Paisa
Prime Minister has approved the composition of the 7th Central Pay Commission04.02.201490Paisa
NO COMPROMISE ON TERMS OF REFERENCE07.12.2013NFPE
Possible ToR meeting with Staff Side JCM-Dopt19.11.2013Dopt
7th CPC Date for implementation11.10.20137thcpcnews
Press Statement of Confederation of 7th CPC25.09.2013Confederation
Consent given by PM for 7th CPC25.09.201390Paisa

RETIREMENT AGE 62

J&K Employees Retirement Age hiked to 60, on par with Central Government Staff11.04.201490Paisa
Retirement age of 65: The Politicization of Employees’ Demands11.04.201490Paisa
Retirement age to 62-What is the background behind this news?01.03.201490Paisa
Retirement Age 62 - Cabinet expected to clear on Friday (28.202014)26.02.201490Paisa
Retirement age 62 – No hike in Retirement age of Central Government employees…15.08.2013CGEN.in
Retirement Age 62 - Prime Minister likely to declare on his Independence Day speech14.08.2013CGEN.in
Retirement Age of High Court Judges23.08.201390Paisa
No proposal to enhance the retirement age from 60 to 62 years08.03.201390Paisa
Retirement age of Central Government Employees20.01.201390Paisa
Retirement age of faculty doctors from 65 to 70 years…03.12.201290Paisa
Enhancement of superannuation retirement age of KV teachers31.08.201290Paisa
Retirement age of Teachers and Lecturers26.08.201290Paisa

LDC - UDC ISSUES...

LDC-UDC GRADE PAY ISSUE
SUBJECTDATEDOWNLOAD
UPGRADATION OF GRADE PAY OF LDC & UDC - YET ANOTHER CASE IS FILED.31.03.2014AIAMSHQ
LDC-UDC Issue : Case Filed for Grade Pay 2400 to LDC27.03.2014AIAMSHQ
Upgradation Pay Scale to Railway Accounts Staff w.e.f. 1/1/1 996 on actual basis – NFIR19.03.2014NFIR
Demanding upgradation of the grade pay of LDC & UDC to Rs. 2400 & 2800 – Letter forward to MOSPI26.02.2014AIAMSHQ
LDC-UDC ISSUE-YET ANOTHER LETTER FROM DEPARTMENT OF EXPENDITURE03.02.2014AIAMSHQ
LDC-UDC ISSUE: TOWARDS A FINAL ACTION14.01.2014AIAMSHQ
TOWARDS A FINAL ACTION ON LDC & UDC GRADE PAY ISSUE…31.12.2013AIAMSHQ
LDC-UDC ISSUE: A STEP FORWARD04.12.2013AIAMSHQ
Deputy Secretary JCA writes to Under Secretary CS-II, DoPT13.11.2013AIAMSHQ
CONFEDERATION WRITES TO GOVERNMENT ON LDC- UDC PAY SCALE ANOMALY26.10.2013CONFEDERATION
CASE RETURNED BY THE DOPT & DIRECTED TO TAKE UP THE MATTER DIRECTLY WITH DEPARTMENT OF EXPENDITURE, MOF.07.10.2013AIAMSHQ
LDC-UDC ISSUE-LETTER TO NAC MEMBERS10.09.2013AIAMSHQ
LDC-UDC Issue -Letter sent to the PM forwarded to JCA for action23.08.2013AIAMSHQ
And more news...

NATIONAL ANOMALY COMMITTEE MEETING DETAILS...

NATIONAL ANOMALY COMMITTEE - DECSIONS & DISCUSSIONS AND MINUTES & RESULTS
PROMOTIONAL SCHEMES ACP MACP
DESCRIPTION STAFF SIDE OFFICIAL SIDE
SETTING UP OF NAC 12.01.2009
COMPOSITION OF NAC 05.02.2009
EXTENSION OF NAC 01.07.2010
1st NAC MEETING(12.12.2009) 08.02.2010
2nd NAC MEETING(27.03.2010) AIRF//NFIR 04.05.2010
3rd NAC MEETING(15.02.2011) AIRF/CONF 21.04.2011
4th NAC MEETING(05.01.2012) AIANGO//AIRF 05.01.2012
5th NAC MEETING(17.07.2012) NFIR//NFIR 13.09.2012
MACP MEETING NFIR/ 03.05.2010
2nd MACP MEETING(15.09.2010) CONF/AIRF 06.10.2010
3rd MACP MEETING(15.03.2011) CONF 20.04.2011
4th MACP MEETING(27.07.2012) NFIR/CONF/IRTSA/INDWF/NFIR 13.09.2012
NATIONAL COUNCIL JCM (15.05.2010) NFPE/BPMS 07.07.2010
AGENDA ITEMS AIRF2011/AIRF2012 17.01.2011
INCREMENT ISSUE SETTLED 05.01.2012 19.03.2012
LIST OF PARTICIPANTS NAC/MACP NAC/MACP

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