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Recommendations of the 7th Pay commission relating to pension/Retirement Benefits

By
igeadmin
-

Recommendations of the 7th Pay commission relating to pension/Retirement Benefits

RAILWAYS SENIOR CITIZENS WELFARE SOCIETY
(Estd.1991, Regd. No.1881 – Under Registration of Societies Act)

IDENTIFIED & RECOGNISED BY DOP&PW GOI UNDER PENSIONERS PORTAL

NO.RSCWS/CHS/7th CPC REp/2015-1

Dated:6th December, 2015

Secretary,
Government Of India
Department of Pension & Pensioners Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi.

Subject: Recommendations of the 7th Pay commission relating to pension/Retirement Benefits

Ref: Your office letter No.38/66/13-P&PW(A)(Vol.II) dated 1st/3rd December, 2015.

We would like to draw your kind attention to the following major points of serious injustice with the pensioners, with a request for justice and required relief for the pensioners:

1. FIXED MEDICAL ALLOWANCE (Ref: Para 8.17.51): It is regretted that the 7th CPC has recommended no enhancement of Fixed Medical Allowance (FMA) for pensioner for day to day medical treatment not requiring hospitalization, merely on the ground that ” this Allowance was last enhanced from Rs.300 to Rs.500 pm from 19-11-2014.

The pay commission has not even gone into the merit or the reasons for the demand placed before it for raising the FMA to Rs.2000 pm including the following among others;

i) The delay in revision of FMA by 6 years was totally unjustified. FMA should have been revised from 1-9-2008 -Like all other Allowances after the 6th CPC;

ii) Cost had exorbitantly increased for the Medicines, Consultation Fee and of Pathological Tests required for day to day medical treatment since 1997 (When the FMA was initially granted). This had risen at a much steeper rate than the General Price Index.

iii) Average expenditure per pensioner on OPD in CGHS Hospitals has increased manifolds and is at present over Rs.2500 per patient. FMA should be comparable to the that especially in view of even higher costs of Medical treatment other than CGHS due to bulk purchase of Medicines under CGHS & other related factors.

iv) A large proportion of Pensioners were residing in remote areas or villages having noexcess to CGHS Dispensaries & Railway Hospitals and are as such, are wholly dependent on the paltry amount of FMA for day treatment of self & spouse.

It is, therefore, requested that the FMA may please be revised to at least Rs.2000 P.M

2.MULTIPLE FACTOR (REF: PARA 10.1.67): The 7th Pay Commission has very unjustly & arbitrarily recommended the multiple factor of 2.57 for fixation of pay & Pension. It is tantamount to less than 14.3% rise of emoulments as on 1-1-2016 (with expected DA of 125%) as against over 21% rise proposed by 7th CPC. This is especially very much unjestifled in view of much high price rice in the last 10 years. The multiple factor may,therefore, be appropriately raised to (Basic Pay + 125% DA) + 40% Fixation Benefit = 3.15 with fitment on merger DA or at least 2.65 time of BP.

3. PARITY OF PENSION (PARA (10.1.53 & 10.1.67):

a) We welcome the recommendation of 7th CPC and thank it for accepting the long pending demand of Past & Future Pensioners.

The method suggested by the Pay Commission for the above purpost, however, needs to be simplified as the service Records of many of the old Pensioners may not be agailable – thus depriving them of the benefit of the same It is, therefore, requested to simplify the method for the purpose and the same should be based only on the information available in the PPO.

4. PENSION FORMULATION FOR CIVILIAN PENSIONERS INCLUDING CAPF:

It is requested that, the following Pension Formulation may please be adopted for Civilian Pensioners including CAPF who retired before 01.01.2016;

PENSION OF PRE 2016 PENSIONERS MAY PLEASE BE FIXED AT THE HIGHER OF THE FOLLOWING:

i) Pension be fixed at par with Average of the Pension of Post -2016 Pensioners based on the 50% of the Average pay in the Pay matrix corresponding to the Level from which the pensioner had retired: OR

ii) Pension fixed after Sixth Pay commission be multiplied by a factor of 3.15 or at least 2.65 times of BP (i.e BP + 125% DA) +40% fixation Benefit = 3.15 times of BP with merged DA or at least 2.65 times of BP without merger of DA – as proposed in Para 3 above).

5. ADDITIONAL PENSION (Para 10.1.28): 7th CPC has totally ignored the reasons of extra expenses on medical care & treatment in old age for the demand for reducing the age for grant of Additional Pension of 5% from 65 years of age, 10% from 70 years and 15% from 75 Years. It has also ignored even the recommendations of DOP&PW for starting it at the age of 75 years. This has greatly hurt the Pensioners. It is, therefore, requested that the Additional Pension may please may be granted @ 5% from 65 years of age, 10% from 70 Years and 15% from 75 Years.

Hoping for a favourable consideration. Thanking you.

Yours faithfully,

sd/-
(Harchandan Singh)
Secretary General, RSCWS

Notification on appointment of Judicial Committee on OROP

By
igeadmin
-

Notification on appointment of Judicial Committee on OROP

No. 12(01)/2014-D(pen/Pol)-Part-11
Ministry of Defence
(Department of Ex-Servicemen Welfare)

NOTIFICATION

New Delhi, 14th December, 2015

Whereas the Central Government has decided to implement One Rank One Pension (OROP) for the Ex-Servicemen for payment of uniform pension to the armed forces personnel retiring in the same rank with the same length of service, regardless of their date of retirement, which implies that bridging the gap between the rate of pension of current and past pensioners at periodic intervals.

Whereas it is necessary to implement the same in an equitable manner keeping in view the existing pension structure, the conditions of service, the reasons for varying pensions in case of service personnel of the same rank with the same length of qualifying service retiring at different points of time as well as the principle of OROP decided by the Government vide Govt. of India letter No.12(1)/2014/D(Pen/Pol)/Part-II dated 7.11.2015.

Now, therefore, the Central Government hereby appoints a Judicial Committee headed by Justice L.Narasimha Reddy, retired Chief Justice of Patna High Court.

2. The Terms of Reference for the Committee shall be:

To examine and make recommendations on references received from the Central Government on the following matters:

Measures for the removal of anomalies that may arise in implementation of the OROP Letter No.12(1)/2014/D(Pen/Pol)/Part-II dated 7.11.2015.

ii. Measures for the removal of anomalies that may arise out of inter-service issues of the three forces due to implementation of OROP order ibid.

iii. Implications on service matters

iv. Any other matter referred by the Central Government on implementation of the OROP or related issues.

In making its recommendations, the Committee shall take into account the financial impact of its recommendations.

3. The Committee shall make its recommendations within six months of the date of its constitution. IT may, if necessary, make interim reports on any of the matters mentioned in paragraph 2 above.

4. The Committee will devise its own procedure and may call for such information and take such evidence, as may be considered necessary. Ministries and Department of Government of India shall furnish such information and documents and other assistance, as may be required by the Committee.

5. The Committee will have its Headquarters in Delhi. All administrative support will be provided by Department of Ex-servicemen welfare, Ministry of Defence.

Sd/-
(K.Damayanthi)
Joint Secretary to the Govt. of India.

Source : Original Copy

NJCA submits charter of demands to Government of India

By
igeadmin
-

NJCA submits charter of demands to Government of India

National Joint Council of Action
4, State Entry Road, New Delhi- 110055

No.NJC/2015/7th CPC

11th December , 2015

To
All Constitutents of NJCA

Dear Comrade

We send herewith the copy of our letter dated 10.12.2015 addressed to the Cabinet Secretary intimating him of our suggestions and demands on the recommendations of the 7th CPC. A delegation of the NJCA met the officials in the DOPT and Department of Expenditure today to explain the charter of demands and request for the immediate convening of the empowered committee to discuss the issues in the charter with the NJCA. The National JCA has decided to embark upon the indefinite strike action in the first week of March 2016 in case the Govt does not settle the issues through bilateral discussions, with the NJCA. The modified charter of demands is enclosed.

While handing over the letter cited to the Cabinet Secretary we have briefed the officials of Departments of Expenditure and Personnel of the demands, today.

The National JCA felt that no discussions will be possible or fruitful if it is not backed up with agitations at the field formations. The NJCA, therefore, calls upon all affiliates to advise their affiliated unions, their Branches/divisions/circles/zones etc to hold demonstration enlisting the participation of all members and hand over the copy of the NJCA letter to the head of offices for onward transmission to the Cabinet Secretary demanding immediate settlement of the issues. Please ensure that the said programme is carried out at all places on 30th December, 2015. This programme may be followed by a three days dharna at all State Capitals and Industrial Centers I Establishments on 19th, 20th and 21st Jan. 2016.

The NJCA will meet again on gth February, 2016 to decide the date of commencement of the indefinite strike action, if no settlement is brought about by then.

The NJCA has received innumerable demands and suggestions concerning the 7th CPC recommendations. We have taken a few of the most important which is of concern to the large number of employees and which have a general sweep. The demands placed before the Government cannot therefore be considered as exhaustive. We have placed the demand for setting up of a Committee of Group of Ministers both at the National and Departmental level to expeditiously address the department specific issues and other matter which are not covered by the Charter of demands. We request the affiliates to kindly go through the report thoroughly and convey to us the issues to be taken up at the National level immediately.

During the intervening period, the affiliates are earnestly requested to organize meetings at all work places covering all employees and workers and explain the demands and the decision to organize strike action in case the issues are not settled satisfactorily. The employees and workers at the grass root level must have a fair idea and understanding of the issue, before we could embark upon an industrial action.

The NJCA website will exhibit the day to day developments of the negotiations with the Government on the charter of demands.

With greetings,

(Shiva Gopal Mishra)
Convener/NJCA

New Functionalities released under National Pension System (NPS)

By
igeadmin
-

New Functionalities released under National Pension System (NPS)

Pension Fund Regulatory and Development Authority (PFRDA) has been established by the Government of India for regulation and development of Pension Sector in order to protect the old age income security of subscribers. PFRDA takes various initiatives from time to time in order to simplify and improve the operational issues in National Pension System (NPS) like new functionality development under NPS architecture, simplification of account opening, withdrawal, grievance management etc. In this regard, recently many new functionalities have been released by the Central Recordkeeping Agency (CRA) to provide the ease of operation for the benefit of subscribers and nodal offices. These are detailed below:

Functionality released in CRA system recently for the benefit of NPS subscribers:

 

Sr. No. Functionalities Benefits Description
1 Contribution upload for shifted subscribers Point of Presence (POPs) were previously allowed to upload the regular monthly contribution in the CRA system only for the subscribers pertaining to their associated Corporate. Now, a POP can also upload the contribution for subscribers who have shifted from one of their associated Corporate to another associate Corporate.
2 One way switch Currently, there is no provision for transfer of funds from Tier-II to Tier-I account. Now, the POP can process a subscriber request to transfer funds from Tier II to Tier I account. Such transactions can be processed only for subscribers under All Citizens of India Model or Corporate Sector Model having active Tier I and Tier II accounts, subject to the availability of adequate holdings in the Tier II account. There is no limit (minimum or maximum) on the amount and number of one way switches that can be requested by a subscriber.
3 Upload of unequal contribution for Govt. employees In case of Govt. sector employees, the Uploading Office is required to prepare and upload the contribution file wherein the Employee and Employer Contribution are equal for each subscriber. This functionality will now allow the Uploading Offices to prepare and upload contribution files where Employer and Employee contribution amount are not same.
4 Processing of voluntary contribution for corporate subscribers through any POP Currently, POPs are allowed to upload contributions for corporate subscribers only if the Corporate is associated with them. With the release of this new functionality, the POPs can process the ‘Voluntary’ contributions made by any Corporate subscriber even if they are not associated to them.
5 Functionality for nodal offices on Tier – II operations and voluntary contribution processing The Govt. sector Nodal Offices have now been provided with utility for activating the Tier II account and its operation for all Government employees.   The Government subscribers (mandatorily covered under NPS) can also approach their associated Nodal Office for making additional investment (Voluntary Contributions) in their PRAN – Tier I account.
6 Insertion of QR Code facility on backside of PRAN The QR code is a matrix barcode and is used to store URL of websites. The QR code can be converted to data by using a smart phone.  The application to read QR code is available as free application for all smartphone users. Further, utility to convert website URL to QR code is also freely available online.
7 Grievance resolution by monitoring office in CRA system In case of Govt. sector nodal offices, only the PAOs/DTOs can provide resolution remarks for the grievances raised against them by their associated subscribers in Central Grievance Management System (CGMS) module. However, the mapped Pr.AOs/DTAs can only monitor the status of the grievances (using ‘Token No’) raised against underlying PAOs/DTOs. Now, with the new facility made available in the CRA system, the Pr.AOs/DTAs along with the PAOs/DTOs can provide resolution remarks to the grievances raised against the associated office.
8 Pop – Up window for resolution of pending grievance in CRA system To aid the Nodal Offices, a pop-up alert is displayed on the home page immediately after the User logs in to CRA website (www.cra-nsdl.com). The pop-up displays the count of grievances pending (if any) for more than 30 days. The User have two options i.e., either to resolve the grievances immediately by selecting the option ‘Resolve Now’ (which will guide the user to ‘grievance resolution’ screen) or to select ‘Resolve Later’ to continue with regular operations and provide resolutions to the grievances later. The pop-up window is a reminder to all the Nodal Offices which have any grievance pending for resolution beyond 30 days in Central Grievance Management System (CGMS) module.
9 Functionality for capturing bank details and contact details of the nodal offices A facility has been provided to Nodal Offices of Central Government to enter the contact details of their Nodal Officer (along with details of alternate Nodal Officer) and the Bank account details of respective Nodal Office in CRA system. This will help Trustee Bank and CRA to identify the nodal offices for better coordination.

Currently, NPS has more than one crore subscribers with total Asset Under Management (AUM) of more than Rs. One lakh crore

Source :  PIB

One Rank One Pension scheme – Payment will start from Jan 2016 – NDTV

By
igeadmin
-

Payments Under One Rank One Pension Scheme to Start in January: Sources

About 25 lakh armed forces veterans get their first enhanced pension under the One Rank One Pension Scheme, or OROP, in January, top Ministry of Defence officials told NDTV. The enhanced pensions will cost the exchequer around Rs. 7,000 crore.

The Ministry of Defence, meanwhile, is rethinking whether it should debar officers and men who go home before completing their tenure from the benefits of OROP.

About 80% officers and men leave the forces when they fail to make it to the next rank. The benefits of the current scheme are denied to them. For example, a Colonel who leaves the army before completing his tenure as he didn’t make it to the next rung — Brigadier — will not be entitled to OROP.

But sources said Defence Minister Manohar Parrikar has ordered a rethink on this and is inclined to strike this provision off.

If done, it would address one of the major concerns of the armed forces.

“If officers who leave their tenure incomplete and quit for not being making it to the next rung are denied OROP, the forces will be saddled with passed over officers. Worse, they will have to work under the command of junior officers,” a source in the ministry said.

Veterans will also get their OROP arrears — the scheme has been brought into effect from July 2014 — before the end of this financial year. It will cost the government Rs. 11,000 crore.

War widows and Gallantry award winners will their arrears in one go — the rest will get it in four equal installments.

The implementation of OROP – a pre-election promise by the BJP — was announced this September after prolonged negotiations.

The scheme could, however, not be implemented immediately because of the Bihar elections and the model Code of Conduct that came into play during elections.

Source : NDTV

DOPT and AR&PG disposed 4.87 lakh grievances in one year

By
igeadmin
-

Department of Personnel & Training (DoPT) & Administrative Reforms & Public Grievances (AR&PG) has disposed of as many as 4.87 lakh grievances out of a total of 6.09 lakh received

During the last one year, the Department of Personnel & Training (DoPT) & Administrative Reforms & Public Grievances (AR&PG) has disposed of as many as 4.87 lakh grievances out of a total of 6.09 lakh received with regard to Central Government Ministries and Departments during this period.

This was disclosed here today by Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh.

Dr Jitendra Singh stated, the disposal of grievances at present date and time, is prompt and satisfactory, and the grievances which remain pending are usually those which are difficult to be disposed off immediately for certain technical or other compelling reasons.

Another notable feature, Dr Jitendra Singh said, was that the number of complaints and grievances regarding the Central Government Ministries and Departments has recorded nearly three-fold increase during the last one year, considering the fact that the total number of complaints received during 2013 was 1.6 lakh and during 2014 it was 2.2 lakh respectively. This increase in the number of complaints, he said, is because the present government offered easier e-Portal accessibility to public in order to file their grievances and complaints wherein they can do so from any part of the country, even from their mobile cell phone. The increase in number is also a reflection of people’s faith that the present government under Prime Minister Narendra Modi can be relied to ensure early disposal of their grievances without an indefinite delay or dilly dallying.

Dr Jitendra Singh said, over the last 18 months, people have begun to trust that if they lodge a grievance or complaint it will be heard and suitably resolved. This, he said, is clear from the fact that we have resolved over 81% of grievances in one single year and are aiming for a record cent-per-cent disposal.

In keeping with our commitment to bring about ease and transparency in governance and making it more and more citizen-centric, Dr Jitendra Singh informed that the Department had recently introduced CPGRAMS Portal through which one can simply log on and conveniently lodge his or her complaint or grievance from anywhere.

PIB

AICPIN for the month of October 2015

By
igeadmin
-

AICPIN for the month of October 2015

No. 5/1/2015- CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU

`CLEREMONT’, SHIMLA-171004
DATED : 30th November, 2015

Press Release

Consumer Price Index for Industrial Workers (CPI-IW) – October, 2015

The All-India CPI-IW for October, 2015 increased by 3 points and pegged at 269 (two hundred and sixty nine). On 1-month percentage change, it increased by (+) 1.13 per cent between September and October, 2015 which was static between the same two months a year ago.

The maximum upward pressure to the change in current index came from Food group contributing (+) 2.15 percentage points to the total change. At item level, Rice, Wheat & Wheat Atta, Arhar Dal, Gram Dal, Masur Dal, Moong Dal, Urd Dal, Mustard Oil, Milk, Chillies-Dry, Potato, Tomato, Green Vegetables, Tea (Readymade), Sugar, Cooking Gas, Electricity Charges, Private Tuition Fee, etc. are responsible for the increase in index. However, this increase was restricted by Coconut oil, Fish Fresh, Poultry (Chicken), Onion, Apple, Soft Coke, etc., putting downward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 6.32 per cent for October, 2015 as compared to 5.14 per cent for the previous month and 4.98 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 7.50 per cent against 5.71 per cent of the previous month and 4.48 per cent during the corresponding month of the previous year.

At centre level, Jabalpur reported the highest increase of 10 points followed by Tripura and Ludhiana (9 points each), Ghaziabad, Kodarma and Vadodra (7points each), and Sholapur and Guntur (6 points each). Among others, 5 points rise was observed in 9 centres, 4 points in another 9 centres, 3 points in 10 centres, 2 points in 13 centres and 1 point in 12 centres. On the contrary, Giridih and Chhindwara recorded a maximum decrease of 4 points each followed by Ranchi-Hatia and Haldia (3 points each). Among others, 1 point decrease was observed in 4 centres. Rest of the 9 centres’ indices remained stationary.

The indices of 35 centres are above All India Index and other 42 centres’ indices are below national average. The index of Angul-Talcher centre remained at par with all-India index.

The next issue of CPI-IW for the month of November, 2015 will be released on Thursday, 31st December, 2015. The same will also be available on the office website www.labourbureau.gov. in.

(SHYAM SINGH NEGI)
DEPUTY DIRECTOR GENERAL

DA Calculation Sheet

No proposal to discontinue the Digital Life Certificate for the Pensioners

By
igeadmin
-

No proposal to discontinue the Digital Life Certificate for the Pensioners

There is a report in a section of press that while inaugurating an Awareness Workshop on the online Pension Sanction and Payment Tracking System “BHAVISHYA”, Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances and Pensions, Atomic Energy and Space, Dr Jitendra Singh said that the practice of submitting Digital Life Certificate for continuation of pensions will soon be done away with.

Strongly rebutting the report, it is stated that Union Minister Dr Jitendra Singh has never ever expressed any opinion on the issue at any platform and, therefore, the question of having made such a statement does not arise at all.

It is clarified that, as of now, the government has no proposal to discontinue the Digital Life Certification for the pensioners.

It is to be stated that “Jeevan Pramaan” – a facility for submission of digital of life certificates by pensioners has been launched in November 2014. This is a voluntary facility provided in addition to existing provisions available for submission of life certificates. Till date 9,62,910 Digital Life Certificates have been furnished by pensioners.

7th CPC Recommendations – Confederation National Secretariat Decisions

By
igeadmin
-

7th CPC Recommendations – Confederation National Secretariat Decisions

Date : 27-11-2015

Dear Comrades,

National Secretariat of the Confederation of Central Govt Employees & Workers held on 27-11-15 at New Delhi after detailed deliberations on the recommendations of the 7th Central Pay Commission (CPC) has decided as follows :

1.The National Secretariat has come to the unanimous conclusion that many of the recommendations of the 7th CPC are most retrograde and require to be modified before implementation by the Government, especially the faulty and depressed minimum wage arrived at by the 7th CPC and the fitment formula. Some of the recommendations such as abolition of certain allowances etc., are to be rejected.

2. The National Secretariat is of the firm opinion that a united struggle of entire Central Govt Employees including Railways, Defence and Confederation under the banner of National Joint Council of Action (NJCA) can only compel the Government to modify or reject the retrograde recommendations of the 7th CPC and hence it is decided to further strengthen the unity.

3. The National Secretariat further resolved that the form of the united struggle of NJCA should be an indefinite strike, within a time frame, as Govt is moving fast to implement the recommendations. Negotiation with the Government should precede declaration of indefinite strike and intensive campaign among the employees and mobilization, to create sanction behind the demands.

4. In case the requisite movement is not coming about for any reason, Confederation National Secretariat will meet and chalk out its own independent action.

5. Regarding the sector-wise issues relating to the employees of each department, the affiliated organizations of the Confederation in those departments shall take initiative for uniting all like-minded Federations/Associations/Unions in their department and shall organize agitational programmes on departmental specific demands.

6. The National Secretariat decided to insist that the charter of demands of the NJCA and Confederation should include the demands of Gramin Dak Sevaks, Casual/Contract labourers, filling up of vacancies and scraping the New Contributory Pension Scheme.

7. All affiliated organizations of Confederation are requested to intimate by e-mail to the Confederation CHQ ([email protected] or [email protected]) on the required modifications or additions / deletions in the common recommendations (not department-specific) of the 7th Pay Commission on or before 05-12-2015.

8. Available Secretariat members of the Confederation will meet on 07-12-2015 at New Delhi and finalize the common demands to be included in the charter of demands of NJCA. (NJCA meeting is being held at JCM National Council, Staff-side office on 08-12-2015 to finalize the charter of demands and the further course of action).

9. The National Secretariat congratulated all the Central Govt Employees who made the 27th November 2015 ‘All India Protest Day’ at the call of NJCA, a grand success all over the country by wearing ‘black badges’ and participating in protest demonstrations.

Other Decisions:

1. Next All India Workshop-cum-Trade Union Camp of Confederation will be held at Dehradun (Uttarakhand) before March 2016.

2. The National Secretariat extended full support and solidarity to the proposed agitational programmes of Passport Employees Association including ‘Indefinite hungerfast’

M.Krishnan
Secretary General

Source : Confederation

Grant of Transport Allowance @ Rs.7000/-+DA thereon to officers drawing Grade Pay of Rs.10000/- on Non-functional basis

By
igeadmin
-

Grant of Transport Allowance @ Rs.7000/-+DA thereon to officers drawing Grade Pay of Rs.10000/- on Non-functional basis

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

S. No. 359

RBE No.145/2015

No PC-V/2010/A/TA/1

New Delhi, dated 17.11.2015

The General Managers/CAO(R)
All Zonal Railways/PUs
(As per mailing list)

Sub:-Grant of Transport Allowance @ Rs.7000/-+DA thereon to officers drawing Grade Pay of Rs.10000/- on Non-functional basis-clarification reg.

Attention is invited to Board’s letter of even number dt. 12.09.2014 (RBE No.100/2014) whereby it has been clarified that the officers of organized services drawing Grade Pay of Rs.10000/- under NFU Scheme are not eligible for grant of Transport Allowance 7000/-p.m+D.A thereon. References have been received from some of the Zonal Railways seeking guidelines as regards effecting recovery or otherwise of overpayments made to such officers due to erroneously allowing Transport Allowance @ Rs.7,000/- p.m. + D.A thereon.

2. In context of the above, it is stated that as per general principles of financial proprietary, any amount paid to the employee in excess of what is due to him has to be recovered. Further, the Hon’ble Supreme Court in matter of Chandi Prasad Uniyal and Ors Vs State of Uttrakhand & Ors (Civil Appeal No. 5899/2012) vide their order dt;17.08.2012 have observed that “any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment”.

3. As per mandate of the rulings of the Hon’ble Supreme Court, necessary action to recover the payment made against Transport Allowance may please be taken immediately.

4 . This issue with the concurrence of Finance Dte. of Railway Board.

5. Hindi version will follow.

(N.P Singh)
Dy.Director, Pay Commission
Railway Board

Source : NFIR

Original Order

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