MESSAGE IS CLEAR

" ...Sri Narendra Modi, the Prime Minister wanted that all obsolete laws should be scrapped. Taking advantage of the direction some officers moved to scrap the very important Indian Pension Act 1871 which gave the workers the Statutory Pension and protection against attachment of pension by some court cases etc.

The government had almost decided to axe the 145-year-old Pension Act. But at a meeting held on April 28, several ministries disagreed with the move. This led the government to consider doing away with some of the “irrelevant or redundant” provisions of the Pensions Act, 1871 instead of repealing it. The final decision will now be made by Prime Minister Modi, who heads the pensions department of the personnel ministry. The government has so far repealed 125 archaic laws.

It has proposed to scrap over 1,000 more such laws. The representative of the Department of Financial Services (DoFS) said at the meeting that the Pensions Act is applicable to pensions under a large number of rules and Acts of Parliament. “He specifically mentioned that pensions of the President, Vice President, Ministers and MPs are regulated by Acts of Parliament.

Similarly, pensions of Supreme Court/high court judges, central vigilance commissioners, central information commissioners and members of UPSC are also granted under Acts regulating their service conditions. These Acts of Parliament do not contain provisions securing the pension against attachment,” the minutes recorded.

Only Section 11 of the Pensions Act provides this protection to the constitutional authorities. When the pensions department proposed that the rules regulating various types of pension be amended to secure the pension and hence facilitate repealing of the Pensions Act, all ministries raised objections.

The home ministry “expressed apprehension” that the protection against attachment by courts, if provided in rules, “may not be as effective” as that provided in an Act of Parliament.

The rural development department concurred, saying all social security pensions administered by it are through executive orders and any provisions for security against attachment by court “may not be effective” as the provisions will not have any statutory backing.

The ministries of environment, culture and external affairs, and the departments of telecom, expenditure and posts said they do not even administer any separate pension rules.

CABINET NOTE: Please click on the link given below to see the rules.

cabinet-note.docx

It is understood that DoT is sending an Advance copy of the Cabinet Note on 78.2% to the Cabinet Secretariat today. Another Copy is being sent to the Prime Minister's Office also.

Com. R L Kapoor has confirmed today that the file on 78.2%, signed by Secretary Telecom, is with DDG (Estt.).

It means that the Member(S) has sent it down to DDG for preparing the Bundles to be sent to Cabinet Secretariat.

The road is clear now. It will go to Cabinet soon.

But we can not expect any decision by cabinet before the assembly elections in some states are over.

2-5-2016 5.30 PM

Com. R L Kapoor reports from New Delhi.

"Secretary, Telecom has signed the File and the same is sent to Member (S) for forwarding it to the Cabinet Secretariat. It is confirmed by PS to Secretary."

MAY DAY GREETINGS TO OUR VIEWERS.

Salem West district branch held a conference on 27-4-2016. Com. P S Ramankutty (CHQ President) and Com. V Ram Rao (CHQ Asst Treasurer as well as the Tamilnadu Circle Secretary) participated and spoke on major issues. Com. Amruthalingam (Dist. President) presided over the meeting. Com. Ramani and his team conducted the conference in a most systematic manner. More than 300 comrades attended it.

Two photos are given below.

Today early morning Com. P Gangadhara Rao (Dy GS) and Com. R Changappa (CS, Karnataka circle) met Shri Ananthakumar, Honourable Minister and appraised him of the present position of the case of 78.2 %. They thanked Shri Ananthakumar for his timely and effective intervention which ensured fast movement of the File.

They informed the minister that the file is expected to be submitted to Cabinet secretariat very soon. They sought his help in getting an early decision. Shri Ananthakumar assured that he would do whatever possible.

We keep a constant and close vigil.

Some friends want to know the pay scales for various cadres/grades implemented on recommendations of 4th CPC (From 1-1-1986), 5th CPC (from 1-1-1996), 6th CPC (from 1-1-2006) and the minimum pension as well as the minimum family pension entitled.

We have prepared a Table with the above details and it is attached herewith.Those who retired with less than 33 years of service may check their basic pension (revised after 6th CPC) and the minimum pension given against their scale. If their pension is less than the minimum basic pension, the same should be stepped to the minimum given in the table. Similarly, those who retired with less than 33 years but getting more than the minimum pension, also should get full pension (50% of the 10 months average of pay plus grade pay). It needs detailed study.

Please click on the following link to see the Table.

payscales2020and20minimum20pension.pdf

29th April 2016 at 5 PM:

It is understood that the Hindi Translation of all documents in the Cabinet Note on 78.2% IDA is completed.

The File is submitted to Secretary, Telecom for his signature.

On 22-4-2016, our Legal Committee Member Com. R L Kapoor met Sri. Jain, the DDG (Estt.) and enquired about progress in the case of 78.2%. DDG informed that Mr. Pracheesh Khanna, Director (Estt) has gone to China for some training. The Person working as his substitute is quit new.

So the work of translating all documents connected with the case of 78.2% to Hindi is given to another officer. She is on the job of translation. The translation will be ready within few days. Then the File will be sent to Secretary, Telecom for signing the covering letter addressed to Cabinet Secretariat.

We can expect that the Case will be sent to Cabinet Secretariat by at least 10^th May 2016.

Com. R L Kapoor, Legal Committee Member reports from New Delhi:

The Pension Anomaly case was listed as Item No 60 before the Principal bench of CAT today.

The Bench heard cases up to 13.30 hours. But, our Case did not come up before that time.

The case is simply postponed to next date of 20-5-2016,

In 1985, when the CAT was established it was said:

The Hon'ble Chief Justice of India, Hon'ble Judges of the Supreme Court as well as the Hon'ble Prime Minister of India and Hon'ble Minister of Law had expressed their anguish on many occasions about the delay in deciding cases pending in Courts. We are glad to say that the experience and trend in the Central Administrative Tribunal is otherwise. On the occasion of the opening of the new building of the Principal Bench of the Tribunal, some features of the dispensation of justice in the Tribunal are highlighted. With a view to easing the congestion of pending cases in various High Courts and other Courts in the country, Parliament had enacted the Adminisitrative Tribunals Act, 1985 which came into force in July, 1985 and the Administrative Tribunals were established in November, 1985 at Delhi, Mumbai, Calcutta and Allahabad. Today, there are 17 Benches of the Tribunal located throughout the country wherever the seat of a High Court is located, with 33 Division Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.

...................................................................................

BUT, WHAT IS OUR EXPERIENCE WITH CAT? MOST DISAPPOINTING. MOST DISGUSTING.

HOW LONG THE OLD PENSIONERS SHOULD WAIT BEFORE THE CAT TO HEAR THE CASE FIXED SEVERAL TIMES?

COM. R L KAPOOR REPORTS FROM NEW DELHI:

"The file containing final Cabinet Note on 78.2%, as signed by the Minister for Communications has come back to Secretary. After he signed it the file has come to the DDG (Estt) for further processing."

PROCEDURAL DELAY:

Estt Section has to prepare the Hindi translations and sufficient number of copies in both Hindi and English; then send the documents to the cabinet Secretariat. It may take few days.

PUNJAB CIRCLE CONFERENCE WAS HELD ON 17-4-16 AT PATIALA, PUNJAB. A NEW SET OF OFFICE BEARERS INCLUDING COMS B.S.SAINI,G.S.BAJWA AND MANGAT RAM AS PRESIDENT,CIRCLE SECRETARY AND TREASURER WERE ELECTED. COMS ATMA RAM VERMA AND DAHIYA PARTICIPATED ON BEHALF OF CHQ. WE WISH THE OFFICE BEARERS ALL THE BEST

M.P. Circle Vice President and an active comrade of our Association Com R.S.TAMRAKAR breathed his last on 13-4-16 We convey our heartfelt condolences to the bereaved

WISH YOU ALL

A HAPPY VISHU BAISAKI AND TAMIL NEW YEAR

It is learnt that the Cabinet Note on 78.2 had been approved by Hon Minister yesterday Now it will go to Cabinet after due procedures

COMS R.K.SHARMA AND SHAM LAL SHARMA ELECTED ASPRESIDENT AND DIST SECRETARY. CONGRATS TO ALL THEE NEWLY ELECTED OFFICE BEARERS

IT IS LEARNT THAT THE CABINET NOTE ON 78.2 HAS BEEN CLEARED BY SECRETARY TODAY

A news item appeared in media is reproduced hereunder. All central government staff (except perhaps the Group D) will get very negligible amount as hike in their salary if the proposal is implemented. At the same time, all deductions will be based on the full hike. Net result will be that the "take-home" salary will be lesser than whey they get now. somebody concerned may please calculate and tell the fact.

News Item

7th Pay Commission – 50% of Salary Increase Could be by way of Bonds – Increase in government employee wages and pension expenditure on account of seventh pay commission recommendations is not fully provided for in the Budget.

The govt is considering a proposal under which 50% of of higher income staff under the 7th Pay Commission will be compulsorily invested in bank bonds. The proceeds will be used to recapitalise banks without additional pressure on the fiscal.

While this will result in less cash in the hands of higher-income employees, as a sweetener they will get income tax rebate on the amount invested. Those wanting to invest more than 50% to save tax will be allowed to do so. The Bank Recapitalisation Scheme, as this proposal is being called, will be voluntary for employees with lower salaries (those in the Rs 5,200-20,200 bracket) and pensioners.

A finance ministry official confirmed that preliminary discussions around this proposal were held at a meeting on Thursday, but no decision on its implementation was taken. “The issue was discussed. We are looking at all options,” he said.