Revision of Pension of retired Bank Employees [ Rajya Sabha QA ]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES
RAJYA SABHA UNSTARRED QUESTION NO. 216
TO BE ANSWERED ON 20th JULY, 2021(TUESDAY)/ ASHADHA 29, 1943(SAKA)
Revision of Pension of retired bank employees
216. DR. L. HANUMANTHAIAH:
Will the Minister of FINANCE be pleased to state:
(a) whether it is a fact that the retired bank employees are seeking revision and improvement in their basic pensions;
(b) if so, the details thereof; and
(c) the reasons for not revising pension since last three decades?
ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (DR. BHAGWAT KARAD)
(a) to (c): As pension of retired employees of commercial establishments has to be financed by such establishments out of their commercially generated revenues, pension for retired employees of nationalised banks was introduced as a funded scheme on the basis of consensus arrived at between unions/associations of bank employees and the Indian Banks’ Association (1BA), which negotiated on behalf of the nationalised banks. The Boards of the respective nationalised bank accordingly made Employees’ Pension Regulations in exercise of their powers under section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970/1980. Pension in nationalised banks is, thus, payable as per the agreement arrived between bank unions/associations and the banks, and the bank Boards concerned have accordingly made regulations governing the same. While such regulations do not provide for revision of basic pension, they provide for six-monthly revision in dearness relief on the basis of rise in the All India Consumer Price Index for Industrial Workers.
Retired nationalised banks employees have sought revision and improvement in pension from time to time. In view of pension being a funded scheme introduced on the basis of consensus arrived at between employee unions/associations and IBA, requests for revision and improvement in pension are considered by the Government after taking into account the views or any proposal or recommendations of IBA in this regard. Earlier this year, IBA has recommended that family pension be improved to 30% for all employees without any cap, and the said recommendation is under consideration of the Government.
CAT Latest Order : Grant of Increment – Employee who retired on 30th June or 31st December
Item No. 31
ORDER (Oral)
Mr. Justice L. Narasimha Reddy:
In this batch of OAs, the only question that arises for consideration is as to whether an employee, who retired on 30th June of a year or 31st December of a preceding year, is entitled to be extended the benefit of increment that falls due on 1st July or 1st January of the next year, as the case may be. While the applicants in some of the cases have retired on 30th June, others retired on 31st December.They were denied the benefit of increment, which was otherwise due to them, only on the ground that by the time the increment became due, they were not in service.
2. The applicants contend there was absolutely no basis for the respondents in denying the benefit to them. Reliance is placed upon many orders passed by the Tribunal as well as the different Hon’ble High Courts.It is also stated that the judgments rendered by the Hon’ble High Courts were affirmed in some of the SLPs. Particulars thereof are also furnished.
3. The respondents filed the counter affidavits in respective OAs. Their stand is that with the retirement, the relationship of the employee with the Government ceases and once he is out of service, the Fundamental Rules do not permit extension of any benefit.
4. We heard Mr. Vidya Sagar, Mr. Mohid Tygagi, Mr. Setu Niket, Dr. Swati Jinidal Garg, Mr. Mithilesh Kumar Gupta, Ms. Versha Agarwal, Mr. Anmol Pandita, Mr. Yogesh Sharma, Mr. MS Reen, Mr. Mukesh Kumar Singh, Mr. MK Bhardwaj, Mr. Suresh Sharma, learned counsel for applicants and Mr. VSR Krishna, Mr. Satish Kumar, Mr. Saurabh Chadda, Mr. Kapil Agnihotri, Ms. Esha Mazumdar, Mr. Sanjeev Yadava, Mr. Amit Yadav, Mr. C. Bheemanama, Mr. R.K. Jain, Mr. Ritu Singh, Mr. RS Rana, Mr. RK jain, Mr. Gyanendra Singh, Mr. GS Virk, Mr. Saurabh Chadda, Mr. UN Singh, Mr. Manish Kumar, Mr. KK Sharma, Mr. Rajeev Kr., learned counsel for the respondents.
5. The issue as mentioned above, fell for consideration in a large number of cases. The Benches of this Tribunal as well as the different Hon’ble High Courts have taken the view that the increment becomes payable on account of the satisfactory service rendered by the employee for the preceding six months, and the mere fact that he retired one day earlier, should not be factored to deny him the benefit. It is also a matter of record that some SLPs filed against the detailed orders passed by the Hon’ble High Courts were dismissed.
6. It is true that in Union of India Vs. M. Siddaraj (SLP No. 4722/2021), the Hon’ble Supreme Court passed an order recently on 05.04.2021, directing that the pension shall be granted to the respondents therein on the basis of the last pay drawn as on 30th June, 2014. Learned counsel for the applicants submit that they verified the record and found that the respondents in the said SLP were already extended the benefit of increment, at the last day of their service.
7. Be that as it may, once the various benches of the Tribunal, the Hon’ble High Courts and the Hon’ble Supreme Court held that the increment, which became due on 1st July or 1st January as the case may be, needs to be released for the employees, who retired one day earlier thereto, the applicants herein cannot be denied such benefit.
8. To protect the interests of the respondents, we direct that in case any different view is taken by the Hon’ble Supreme Court in SLP No. 4722/2021, the applicants shall be under obligation to refund the benefit that is extended to them. In the corresponding orders, a clause can be incorporated to that effect.
9. We make it clear that extension of benefit of increment shall be subject to their fulfilling other conditions under the relevant service rules.
10. For the foregoing reasons, the OAs are allowed, directing that:
(a) for such of the employees, who retired on 30th June of any particular year, increment payable on 1st July shall be extended. Their pensions shall also be revised, subject to their fulfilling other conditions which are applicable. The arrears that become due shall be paid without interest;
(b) Similarly for employees, who retired on 31st December of a particular year, the increment payable on the 1st January of the next year shall be extended and pension revised, subject to same conditions in the same manner.
(c) While extending such benefits, a clause shall be incorporated to the effect that in case the Hon’ble Supreme takes a different view in the Civil Appeal arising out of SLP No. 4722/2021, they shall be under obligation to refund the entire benefit without any demur.
The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
Pending MAs shall also stand disposed of. There shall be no order as to costs.
DR Order July 2021 : Revised rates of Dearness Relief to Central Government Pensioners from July 2021
No. 42/07/2021-P&PW(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market,
New Delhi – 110003
July 22, 2021
OFFICE MEMORANDUM
Subject : Revised rates of Dearness Relief to Central Government Pensioners / Family Pensioners w.e.f. 01.07.2021
The undersigned is directed to refer to Ministry of Finance (Department of Expenditure) Office Memorandum No. 1/1/2020-E-II(B), dated 23.04.2020, vide which instalments of Dearness Relief to pensioners/family pensioners due from 01.01.2020, 01.07.2020 and 01.01.2021, were frozen and to say that the President is pleased to decide that the Dearness Relief admissible to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 17% to 28% of the basic pension/family pension (including additional pension/family pension) with effect from 1st July 2021. The increase subsumes the additional instalments arising on 01.01.2020, 01.07.2020 and 01.01.2021.
2. These rates of Dearness Relief will be applicable to:
i. Civilian Central Government Pensioners/Family Pensioners including Central Government absorbed pensioners in PSU/Autonomous Bodies in respect of whom orders have been issued vide this Department’s OM No. 4/34/2002-P&PW(D) Vol. II dated 23.06.2017 for restoration of full pension after expiry of commutation period of 15 years.
ii. The Armed Forces pensioners/family pensioners and Civilian pensioners/ family pensioners paid out of the Defence Service Estimates.
iii. All India Services pensioners/family pensioners.
iv. Railway pensioners/family pensioners.
v. Pensioners who are in receipt of provisional pension.
vi. The Burma Civilian pensioners/family pensioners and displaced pensioners/family pensioners from Pakistan, in respect of whom orders have been issued vide this Department’s OM No. 23/3/2008-P&PW(B) dated 11.09.2017.
3. The payment of Dearness Relief involving a fraction of a rupee shall be rounded off to the next higher rupee.
4. Other provisions governing grant of Dearness Relief in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45/73/97-P&PW (G), dated 2.7.1999, as amended from time to time. The provisions relating to regulation of Dearness Relief where a pensioner is in receipt of more than one pension will remain unchanged.
5. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.
6. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of Dearness Relief payable in each individual case.
7. The offices of Accountant General and authorised Pension Disbursing Banks are requested to arrange payment of Dearness Relief to pensioners/family pensioners on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-II, dated 23/04/1981, of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.
8. In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller & Auditor General of India.
Sd/-
(Sanjiv Narain Mathur)
Joint Secretary to the Government of India
1. All Ministries/Departments of the Government of India (as per standard distribution list).
2. Chief Secretaries and AGs of all States/UTs.
3. CMDs /CPPCs of all authorized Pension Disbursing Banks.
4. C&AG of India, UPSC, etc. as per standard endorsement list.
5. Reserve Bank of India (RBI) for information.
Provident Fund – General Provident Fund (Tamil Nadu) – Rate of interest for the financial year 2021 – With effect from 01.07.2021 to 30.09.2021 – Orders – Issued.
Read the following:-
1. G.O.Ms.No.30, Finance (Allowances) Department, dated 22.01.2021.
2. G.O.Ms.No.125, Finance (Allowances) Department, dated 28.04.2021.
3. From the Government of India, Ministry of Finance, Department of Economic Affairs (Budget Division), New Delhi, Resolution F.No.5(4)-B(PD)/2021, dated 05.07.2021.
-oOo-
ORDER:
In the Government Order first and second read above, orders were issued fixing the rate of interest on the accumulation at the credit of the subscribers of General Provident Fund (Tamil Nadu) during the financial year 2021 as detailed below:
Sl.No
Quarter
Period
Rate of Interest
1
I
01-01-2021 to 31-03-2021
7.10%
2
II
01-04-2021 to 30-06-2021
7.10%
2. The Government of India, in its resolution third read above, announced that during the year 2021-2022, accumulations at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 7.1% (Seven point one percent) with effect from 1st July, 2021 to 30th September, 2021.
3. The Government now directs that the rate of interest on the accumulation at the credit of the subscribers to General Provident Fund (Tamil Nadu) shall carry interest at the rate of 7.1% (Seven point one percent) with effect from 1st July, 2021 to 30th September, 2021.
4. The rate of interest on belated final payment of Provident Fund accumulation remaining unpaid for more than three months of its becoming payable shall be at the same rates as ordered in para-3 above.
(BY ORDER OF THE GOVERNOR)
S. KRISHNAN
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
Holiday to be observed in Central Government Offices during the 2022: EPFO
कर्मचारी भ्रविष्य निधि संगठन
(श्रम एवं रोजगार मंत्रालय, भारत सरकार)
Employees’ Provident Fund Organisation
(Ministry of Labour & Employment, Govt. Of India)
मुख्य कार्यालय /Head Office
भविष्य निधि भवन, 14.भीकाजी कामा प्लेस, नई दिल्ली-110066
Bhavishya Nidhi Bhawan, 14- Bhikaiji Cama Place, New Delhi — 110066
www.epfindia.com, www.epfindia.gov.in
No.HRD/12(1)2011/Holiday /Pt/466
Date:- 19 JUL 2021
To,
All Addl. CPFC (Zones) including ACC (ASD) (HQ),
All Regional PF Commissioners,
In-charge of the Region,
Director (PDNASS)
Sub: – Holiday to be observed in Central Government Offices during the 2022 – regarding.
Sir,
Please find enclosed herewith Office Memorandum No.12/5/2021/JCA-2 dated 08.06.2021 issued by Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, on the subject cited above for information and necessary action.
Yours faithfully,
Enclosures: As above
(Swagata Rai)
Regional P.F. Commissioner-I (HRD)
प्रतिलिपि:
केंद्रीय भविष्य निधि आयुक्त के प्रधान निजी सचिव
सभी EC / CBT सदस्य
वित्तीय सलाहकार एवं मुख्य लेखाधिकारी के प्रधान निजी सचिव
मुख्य सतकर्ता अधिकारी के प्रधान निजी सचिव / सभी उप निदेशक, सतकर्ता
मुख्य अभियंता के निजी सचिव
प्रभारी अधिकारी, सभी आंचलिक प्रशिक्षण संस्थान
सभी आंतरिक लेखा परीक्षा अधिकारी
मुख्यालय के सभी अधिकारी / सभी निजी सचिव / सभी अनुभाग अधिकारी
महासचिव, आल इंडिया ई.पी.एफ. स्टाफ फेडरेशन
महासचिव, आल इंडिया ई.पी.एफ.एम्प्लाइज संघ
महासचिव, ई.पी.एफ. ऑफिसर्स एसोसिएशन
महासचिव, आल इंडिया ई.पी.एफ. एस.सी/एस.टी फेडरेशन
क्षै.भ.नि.आ. (एन.डी.सी.) वेबसाइट पर अपलोड करने हेतु
Review of CSS Officers (Under Secretary) under FR 56 (j) and Rule 48 of CSS (Pension) Rules, 1972 – Request for information
No.21/1/2021-CS.I(U)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
Lok Nayak Bhawan, New Delhi-110003
Dated 20th July, 2021
OFFICE MEMORANDUM
Subject: Review of CSS Officers (Under Secretary) under FR 56 (j) and Rule 48 of CSS (Pension) Rules, 1972 – Request for information – regarding
In terms of the instructions contained in DoPT’s O.M. No.25012/03/2019- Estt.A.IV dated 28th August, 2020 read with O.M. No.25013/1/2013-Estt (A.IV) dated 11.09.2015 and related instructions, the undersigned is directed to inform that information/ complete inputs are required for review under FR 56(j) and Rule 48 of CSS (Pension) Rules 1972 in DoP&T in respect of Under Secretary level officer of CSS of Ministries/ Departments, who have crossed the age of 50 years on 01.07.2021.
2. The above-mentioned data/inputs may be provided in the 15 column prescribed proforma (copy enclosed), in hard copy or through email address at [email protected]. The soft copy of the inputs may also please be sent at the said email address in the excel format only, as per the attached proforma. (other format like pdf, word etc are not required).
3. It may also be ensured that no column of the proforma is left blank. It may also be ensured that the inputs of the Ministry/Department may be communicated at an appropriate level, with the name, designatiOn, mail-id and telephone number of the officer clearly indicated so that it is easy to follow up with the Department, in case of any further clarification.
Encl: As above
(Zachariah Thomas)
Under Secretary to the Govt. of India
Denial by the CGHS empanelled hospitals for treatment of CGHS beneficiaries – Confederation writes to MoHFW
Ref: confdn/CGH5/2021
Dated-19.07.2021
To
The Secretary
Ministry of Health and Family Welfare
Government of India
Nirman Bhawan, New Delhi -110001
Sub :- Denial by the CGHS empanelled hospitals for treatment of CGHS beneficiaries.
Sir
It has been brought to our notice by various organizations that mostly GGHS empanelled hospitals are reluctant to give admission for any kind of treatment in general, but particularly they have denied in cases of Covid-19. Though it has happened at all places throughout the country but at Hyderabad mostly CGHS empanelled hospitals have denied the treatment of Covid-19 patients, resultantly the Central Govt. Employees /(CGHS beneficiaries) were compelled to take treatment in private capacity and spent lakhs of rupees which caused more financial burden and suffenngs on them.
Though Ministry of Health issued a notification on 10th July 2020 wherein it was mentioned clearly that the empanelled hospitals will not deny admission / treatment to CGHS benefidaries even then this practice is going on.
lt is therefore requested to kindly cause necessary action in this regard
SPARSH 04 : Procedure to perform Identification in SPARSH
Office of the Principal Controller of Defence Accounts(Pension),
Draupadi Ghat, Allahabad – 211014
Email :[email protected]
Circular No. : SPARSH-04
No. PCDAP/SPARSH/CIV/2021/VOL-1
Dated: 14th July 2021
To,
—————————————-
—————————————-
(All HOOs / PAOs)
Sub:- Implementation of web based comprehensive pension package system i.e. SPARSH (System for Pension Administration (Raksha) for Defence Civilian and their families-reg.
************
Several issues have been noticed while monitoring implementation of SPARSH. These are listed below for your information and necessary corrective action) HOO/PAO users are not completing audit of pension data well in advance causing delay in processing of cases and sanction/payment of pension.
ii) After generation of PPO in death cases, the HOO users are not following up with beneficiaries for completing identification. This leads in delaying release of payment to families.
iii) There appears to be no agreement between HOOs & PAOs regarding submission of documents for Audit of pension data by PAOs creating undue delay in processing of claims.
2. All HOOs/PAOs are therefore advised to follow the procedure to handle above issues, as follows:-
i) All HOOs/PAOs will ensure that retirement order/Pt. II OO for death etc. and service/Medical (where applicable)/Pay details are entered in SPARSH at least 45 days in advance prior to the date of retirement, to get adequate lead time to handle issues raised( if any) in audit or during PDV. However, in all cases it must be ensured that pension is sanctioned before retirement. Similarly, HOO & PAO will ensure that PPO for death-in-service cases is sanctioned within a month after the death of the employee. To deal with point no. iii of Para 1 above, it is advised that HOO will provide all necessary documents to PAO as per their requirement on urgent basis and in case of any doubt HOO & PAO will liaise offline to short out the issue immediately to avoid undue delay processing the claims. Fortnightly discussion should be conducted between HOO and concern PAO to deal all issues of doubt regarding SPARSH. Details of issues discussed and their outcome be reported to this office as well as HQrs. Office through concern Controllers on following email id. [email protected] and [email protected] .
ii) To avoid delay in first payment in respect of family pensioner necessary guidelines for identification is given in Annexure-‘X’.
3. In view of above all HOD/PCDA/CDA are requested to issue instructions for HOOs/PAOs under their administrative control for strict and time bound compliance of above procedures/instructions.
(i) After login into pensioner account through userid & password, the link for ‘IDENTIFICATION’ will be available on home page. Ensure that login is done by pensioner themselves and their password are not exposed.
(ii) Click the same and then click button ‘Perform identification’ after selecting radio button for MLC (Option for DLC is not working as of now).
(iii) Thereafter click generate MLC number – a six digit number will appear in box and link for ‘Download MLC’ will appear below that. Download the MLC and print the same.
(iv) Press button ‘Initiate Request’ available below above link. A table will appear below with an action button at last column of the table. Ensure this table is generated to upload the MLC with generated number which is available on MLC downloaded form. In case the pensioner get logout, this request will be available in their login to process further only if the Initiate Request button is clicked.
(v) The downloaded certificate may be signed by any gazetted officer. Scan the signed certificate in PDF format. Please ensure that all fields are filled properly and completely & PDF created is legible and correctly scanned.
(vi) Go to the action button mentioned at point (iv) above and click it. In case, the pensioner gets logout, the table will be available after completing action at point (ii) and no need to generate MLC again. Complete the details of officer who has identified the pensioner and upload the MLC at the end.
(vii) After submitting the same, certain declaration will come along with their bank detail of the pensioner which has to be confirmed/completed.
(viii) Please ensure that token number is generated at the end of identification. Status of this request could be viewed from link TRACK SERVICE REQUEST available on home page of pensioners’ login.
[B] Identification through Service Centre-
(i) Pensioner will not be compelled to share their login credential to Service Centre executives. Login will be done by Service Centre executives with their own login credentials and only identifier viz. PPO number or GFP numbers should be asked from pensioners.
(ii) An OTP will be received on the mobile number of pensioner and Service Centre will proceed after entering the same in SPARSH. The subsequent process for completing identification will be same as [A] above.
(iii) Service Centre executive will do all action in concurrence with pensioner and also make his screen visible to them.
(iv) The token number generated after completing the process shall be shared to the pensioners for their record.
[C] Identification through Jeevan Pramaan –
SPARSH has been incorporated as a Pension Disbursing Agency in Jeevan Pramaan. All SPARSH users are advised to perform the identification of pensioners either through MLC or Jeevan Pramaan ( by selecting Pension Disbursing Agency as SPARSH) MODE. While registering the Pensioner through Jeevan Pramaan please select the following through dropdown
Sanctioning Authority Name –“Defence- PCDA(P) Allahabad”
Setting Up of a New Sainik School in Shivamogga District of Karnataka
A reference was received from State Government of Karnataka for setting up of a Sainik School in Shivamogga district of Karnataka. In response to the reference reply was sent informing that there is no plan under consideration to open more Sainik Schools other than the ones operational in the State of Karnataka, under the ambit of existing scheme of things.
Government is proposing to bring a new scheme for setting up Sainik Schools in the country in partnership with NGOs/Private Schools/State etc. The endeavor is to provide schooling opportunities in ‘CBSE Plus’ type of educational environment by involving desirous Government/Private Schools/NGOs to partner in establishing/aligning their system with Sainik Schools ethos, value system and national pride. It envisages enrolling existing/upcoming schools to be run to the line of Sainik Schools curriculum. The schools are proposed to be affiliated to Sainik Schools Society. Detailed guidelines and requisite approvals are at an advance stage.
This information was given by Raksha Rajya Mantri Shri Ajay Bhatt in a written reply to Shri KC Ramamurthy in Rajya Sabha today.
Safeguarding the interests of the employees of Ordnance Factory Board (OFB) post corporatisation
The Government has ensured safeguarding the interests of the employees of Ordnance Factory Board (OFB) post corporatisation of OFB, inter-alia, in the following manner:-
It has been decided that all the employees of OFB (Group A, B & C), belonging to the production units and also the non-production units being handed over to the new DPSUs (to be formed) would be transferred to these DPSU(s) on terms of foreign service without any deputation allowance (deemed deputation) initially for a period of two years from the appointed date.
All the employees of OFB Head Quarter, OFB New Delhi Office, OF Schools and OF Hospitals, would be transferred to the Directorate of Ordnance Factories (to be formed) under the Department of Defence Production, initially for a period of two years from the appointed date.
Till such time the employees remain on deemed deputation to the new entities, they shall continue to be subject to all rules and regulations as are applicable to the Central Government servants. Their pay scales, allowances, leave, medical facilities, career progression and other service conditions will also continue to be governed by the extant rules, regulations and orders, as are applicable to the Central Government servants.
The pension liabilities of the retirees and existing employees will continue to be borne by the Government.
Since the announcement of the Government to undertake corporatisation of OFB in May, 2020, the Government has held various discussions with the OFB employees’ Federations regarding the corporatisation of OFB under Chairmanship of Secretary (Defence Production). Their concerns and suggestions were noted. Their main concern about safeguarding the interests of the employees of OFB has been adequately addressed as mentioned above. It is pertinent to mention that Chief Labour Commissioner (Central) also held discussions with Government & OFB Federations as part of the conciliation process under the ID Act 1947.
This information was given by Raksha Rajya Mantri Shri Ajay Bhatt in a written reply to Shri Binoy Viswam in Rajya Sabha today.
