Tuesday, April 07, 2009

VOLUNTARY RETIREMENT (VRS) - GUIDELINES FOR PROCESSING REQUESTS FOR WITHDRAWAL OF NOTICE OF VOLUNTARY RETIREMENT BY CSIR EMPLOYEES



(23.7) Voluntary Retirement

(23.7.1) Voluntary retirement - waiving of three months notice period.

In a case taken up with the Ministry of Finance for waiving of the requirement of three months notice period for voluntary retirement, they have drawn our attention to the Ministry of Home Affairs (Deptt. of Personnel & Administrative Reforms) Notification No.31/3/80-Pension Unit dated the 5th March,81 (Copy not printed) according to which the Appointing Authority is competent to relax the requirement of three months notice if it is satisfied that curtailment of notice period will not cause any administrative inconvenience. This will, however, be on the condition that the Govt. servant shall not apply for commutation of a part of pension before the expiry of the period of notice of three months.

You are, therefore, requested to dispose off such cases, in future, in the light of the above orders at your end. The cases where the Directors/Heads of National Labs./lnstts. are not the Appointing Authority, may continue to be referred to the CSIR. These instructions supersedes CSIR orders contained in its letter No.7(33)12/64-E-II dated 19-7-80.
(CSIR letter No.5(3)/81 -E-II, dated 17th Oct. 1981)

Annexure

GUIDELINES FOR PROCESSING REQUESTS FOR WITHDRAWAL OF NOTICE OF VOLUNTARY RETIREMENT BY CSIR EMPLOYEES.

The following provisions exist in the CCS (Pension) Rules, 1972 whereby an employee of CSIR can see voluntary retirement by giving three months notice.

Rule 48 of CCS (Pension) Rules applies to cases where CSIR Employees have already completed 30 years qualifying service;

Rule No.48 (A) as (Pension) Rules applies to CSIR employees who have completed 20 years of qualifying service;

The above Rules also provide that a Government/ Council Servant who has elected the above Rule and has given the necessary intimation to that effect to the Appointing Authority shall be precluded from withdrawing his request subsequently except with the specific approval of such authorities.

In order to bring uniformity in approach to such type of cases the following Guidelines are laid down for consideration by the Appointing Authority

(1) Request for withdrawal of notice shall in no case be accepted if it is received after the expiry of the notice period or the intended date of voluntary retirement;

(2) Request for withdrawal of notice of voluntary retirement if made within the intended date of retirement will not normally be accepted',

Where the vacancy to be caused by voluntary retirement of the employee has already been filled up;

In case where orders to fill up the vacancy to be caused on such retirement on regular basis have already been issued; and the post has been advertised.

In cases where the service records of an employee who has sought voluntary retirement does not justify for his further retention in CSIR service.

In cases where the voluntary retirement has been sought without specifying any reason.

In all cases where there is no material change in the circumstances which have been specifically mentioned in the notice.

(3) Except in the cases mentioned above, the Appointing Authority may consider withdrawal of notice for voluntary retirement in all other cases on merits.


SUMMARY OF THE DETAILED PRESENTATION TO BE MADE TO THE ANOMALY COMMITTEE - By V.Natarajan



SUMMARY OF THE DETAILED PRESENTATION
TO BE MADE
TO THE ANOMALY COMMITTEE

by V.Natarajan, Retd DDG,GSI
President, Pensioners’ Forum (affiliated to the AIFPA, Chennai)
Associate Member, RREWA
A.GENERAL:
Anomalies have come up because of the lacunae in either improper understanding of the principles and policies of the SCPC while implementing their recommendations on Revision of Pension of the Pre-2006 Pensioners, contained in the Para 5.1.47 of the Report. The SCPC never recommended or meant to recommend Revised Pension to Pre-2006 Pensioners to be less than the “MINIMUM” of the Pension of Post-2006 pensioners, of same class/ category. In fact they had recommended in. Para 11.33 “ Fitment formulas recommended for serving employees to be extended in case of existing pensioners/family pensioners” and in Para 11.35 “.Pension to be paid at 50% of the average emoluments/last pay drawn (whichever is more beneficial) without linking it to 33 years of qualifying service for grant of full pension.

ANOMALIES are due to the PARTIAL (in parts) and again PARTIAL (as opposed to impartial)/ improper implementation of the SCPC Recommendations related to the pre-2006 pension through successive, erroneous, confusing OMs with incorrect ”modifications” AND ”clarifications” and non-relevant Table/ Annexure etc which have broken the common/ uniform/ just approach, destroyed the underlying principles of parity, justice and protection and has ultimately resulted in several anomalies and inconsistencies as foreseen by the learned SCPC ( pl refer their Para 1.2.25 of SCPC Report)

OMs dated 3rd Oct.08 & 14 Oct 2008 conveyed and concretised the implementation that pension cannot be lower than 50 % of “minimum of pay band” without having correspondence with pre-revised pay scale from which a pensioner retired. If it had been “50% of the minimum of the revised pay in the pay band” corresponding to the pre-revised pay scale, there would not have been any scope for several types of ANOMALIES/ ANOMALOUS issues, which are listed here:

B. ANOMALIES/ ANOMALOUS ISSUES:
1. LOSS IN MINIMUM ENTITLED PENSION – This is the overall effect and the loss is across the board, affecting all Pre-2006 Pensioners. 2..NOT DEFINING “EMOLUMENTS” FOR PRE-2006 PENSIONERS – Glaringly, in the OM of 1.9.2008 pertaining to Pre-2006 pensioners defining “Emoluments” is omitted whereas, on the very next day, OM of 2nd Sept defines the “Emoluments “ for post 2006 pensioners to protect their pensions based on last pay drawn and CCS (Revised Pay)Rules 2008 are applied. 3.. MISINTERPRETATION OF “MINIMUM OF THE PAY IN THE PAY BAND” TO BE SAME AS “MINIMUM OF THE PAY BAND”-BOTH ARE NOT BE THE SAME: This is the root cause for all types of anomalies and needs to be set right immediately. 4.INDISCRIMINATE MERGER OF PRE-REVISED PAY SCALES INTO PAY BANDS-NOT PROVIDING REPLACEMENT PAY SCALES –RESULTS IN TWO CLASSES OF PENSIONERS FOR SAME POST (PRE-2006 VS POST-2006)- Defining the slots of “revised “Minimum” basic with respect to revised/replacement pay scales within pay band for the Pre-Revised Scales will remove the ambiguity and help for NOTIONAL FIXATION of pension at a minimum of modified parity 5. REDUCTION IN MINIMUM PENSION BASIC OF THE PRE-2006 PENSIONERS- AGAINST ALL RULES!- This is glaring in cases of higher pre-revised pay scales say S30, S 29, S27, S26 etc where ultimate result is DOWNGRADATION of their pre-revised pension basic to the level of S 24 is seen. Such reductions are unjust/ unprincipled/ unprecedented/ against Rules and remedy suggested in 4 above will resolve the gross injustice. 6.ALL ANOMALIES ARE DUE TO CONTRAVENTION OF SUPREME COURT JUDGEMENTS AND CONSTITUTIONAL PROTECTIONS UNDER ARTICLES 14 & 21-AGAINST GUIDING PRINCIPLES AND POLICY OF THE SCPC.- Though as cited earlier, the SCPC had recommended in. Para 11.33 “ Fitment formulas recommended for serving employees to be extended in case of existing pensioners/family pensioners” and in Para 11.35 “.Pension to be paid at 50% of the average emoluments/last pay drawn (whichever is more beneficial) without linking it to 33 years of qualifying service for grant of full pension’ etc which are strictly in accordance with the Court judgments/ Constitutional provisions/ SCPC’s own principles & policies, the outcome is different due to the Govt.’s wrong interpretation of Para 5.1.47 of SCPC Report, implementation through OMs of conflicting and ambiguous nature, and finally not answering/ responding to any of the REPRESENTATIONS/ APPEALS of pre-2006 pensioners.. 7. ANOMALIES DUE TO DENIAL OF FULL PENSION @ 50% OF LAST PAY DRAWN TO PRE-SCPC- RETIREES WITH Plus 20 yrs service & ALSO to those who fell short of 33 yrs service (due to age etc)- EXTENDING SIMILAR BENEFITS AS THOSE OF POST-SCPC- RETIREES OF SAME CATEGORIES: These are also on the same lines as above:
C.SUGGESTED INTERIM REMEDIAL ACTIONS FOR THE ANOMALY COMMITTEE TO CONSIDER FOR RECOMMENDATION TOTHE GOVT. 1.The amendment to Para 4.2 of MOPPGP/DOPPW’s OM F No 38/37/08-P&PW(A) dtd 1st Sept.2008 issued under same authorities’ OM of even no.PtI dtd 03 Oct 2008 is arbitrary/ its interpretations and implementations are incorrect and inconsistent with SCPC’s own principles/ policies and Apex Court’s directives on parity among same class of pensioners. It is also violative of the principle/policy of modified parity of MINIMUM pension/Family Pension accepted and notified by the Govt. and therefore the errors need be corrected.

2.The consolidated revised Pension/ Family Pension as per any formula, for any post/ grade in all cases, irrespective of the dates of retirement/ revisions, shall not be lower than fifty percent of the notional REVISED MINIMUM PAY for the post/ grade in the appropriate Pay Band under the Revised Pay Rules plus the GRADE PAY thereon, (all/both) corresponding to the pre-revised pay scale from which the pensioner had retired.

3.Since the SCPC Recommendations are implemented w.e.f 01.01.2006, all pension norms applicable to serving employees under the same, must be made equally applicable to all those who are already retired but notionally were in service on 01.01.2006, irrespective of issuance of various orders concerning these norms. (Special dispensations can be provided to stagnation cases/ older Pensioners not getting true benefits of Revisions/ old Family Pensioners). It is to be noted that Pensioners are deemed employees as observed by Courts and the Govt. continues to be their Employer.
Final/ Full Recommendations can follow based on detailed considerations/ individual cases.
Source:
http://www.rrewa.org/Default.aspx

This is a must for all spiritual aspirants that are seeking happiness and change in their life...



In this context here is a wonderful compilation by Dr.Ratnakar who is giving a medico- spiritual prescription.This is a must for all spiritual aspirants that are seeking happiness and change in their life:-
A. Health:
1. Drink plenty of water.
2. Eat breakfast like a king, lunch like a prince and dinner like a beggar.
3. Eat more foods that grow on trees and plants and eat less food that is manufactured .
4. Live with the 3 E's -- Energy, Enthusiasm, and Empathy.
5. Make time to practice meditation, yoga, and prayer.
6. Read more books than you did in 2008.
7. Sit in silence for at least 10 minutes each day.
8. Sleep for 7 hours.
9. Take a 10-30 minutes walk every day. or at least thrice in week, And while you walk, smile.


B. Personality:
10. Don't compare your life to others'. You have no idea what their Journey is all about.
11. Don’t have negative thoughts or things you cannot control. Instead invest your energy in the positive present moment.
12. Don’t over do. Keep your limits.
13. Don't take yourself so seriously. No one else does.
14 Don't waste your precious energy on gossip.
15. Dream more while you are awake.
16. Envy is a waste of time. You already have all you need.
17. Forget issues of the past. Don't remind your partner with His/her mistakes of the past. That will ruin your present happiness.
18. Life is too short to waste time hating anyone. Don't hate others.
19. Make peace with your past so it won't spoil the present.
20. No one is in charge of your happiness except you.
21. Realize that life is a school and you are here to learn. Problems are simply part of the curriculum that appear and fade away like algebra class but the lessons you learn will last a lifetime.
22. You don't have to win every argument. Agree to disagree.

C.Society:
23. Call your family often.
24. Each day give something good to others.
25. Forgive everyone for everything.
26. Spend time with people over the age of 70 & under the age of 6.
27. Try to make at least three people smile each day.
28. What other people think of you is none of your business.
29. Your job won't take care of you when you are sick. Your friends will. Stay in touch.


D.Life:

30. Do the right thing!
31. Get rid of anything that isn't useful, beautiful or joyful.
32. GOD heals everything.
33. However good or bad a situation is, it will change.
34. No matter how you feel, get up, dress up and show up.
35. When you awake alive in the morning, thank GOD for it.
36. Your Inner most is always happy. So, be happy.

Prof K.S.Ratnakar

LATEST LIST OF CGHS HOSPITALS
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16. Lucknow 17. Meerut 18. Mumbai 19. Nagpur 20. Patna
21. Pune 22. Ranchi 23. Shillong 24. Trivandrum 25. Jammu.
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