Reduction in the time period for Restoration of Basic Pension- Request for reconsideration to review the matter.
Dated : 24.12.2015To
Shri Pradip Kumar Sinha
Govt. of India
Rashtrapati Bhavan Annexe
Sub: Reduction in the time period for Restoration of Basic Pension- Request for reconsideration to review the matter.
This is to bring to your kind notice that ‘Analysis and Recommendation’ on the above subject, by VII CPC is not based on the facts and needs to be reconsidered to review the matter on the basis of following points:-
1-The recovery of commuted basic pension is made on the basis of commuted amount of basic pension and it is not based on the percentage of commutation whether it is 30% or 40%.
2- The fact is that the recovery of commuted basic pension is made in 12 years as per Hon’ble Supreme Court judgement referred by VII CPC vide para 10.1.43. Further in the same para it is also stated that “since there is a risk factor and some of the states are restoring pension after 15 years” should not be the proper reason on the basis of which Central Govt. should also restore it after 15 years because there is no comparison between central Govt. and other State Govts. in respect of making payments to their respective employees. I would like to quote an example that, Govt. of India is extending the benefit of MACP to its employees on completion of 10, 20 & 30 years of service in the hierarchy of Pay Band and Grade Pay while on the other hand the State Govts. like Uttarakhand and Uttar Pradesh are extending the MACP benefit on completion of 10,16 & 26 years of service and that to in their respective promotional hierarchies.
3- In the same para, VII CPC has quoted V CPC had recommended restoration period after 12 years but VII CPC has not given any reason in contradiction of the recommendation of V CPC.
4- As mentioned by VII CPC that VI CPC had not recommended for restoration of commuted basic pension on completion of 12 years, is not the proper reason or the analysis given by VII CPC, while restoration after 12 years was recommended by V CPC and the fact is accepted to the Govt. that the recovery is completely made in 12 years.
5- The VII CPC has not given any analysis of the data if any with the Govt., of those Pensioners who died every year before completion of 12 years after their retirement from Govt. service, on the basis of which the risk factor is based to let the recovery continue for 15 years even if the recovery completes in 12 years.
6- Even if there is any risk factor, the Govt. itself should bear it in public interest rather than making recovery from those poor pensioners who survive even after 12 years of their retirement and fight with different kinds of problems in their old age period.
Therefore the Analysis and Recommendation, on the aforesaid subject, made by VII CPC by ignoring the facts is not sustainable. The demand made on this subject is genuine which should be reconsidered to review the matter on the basis of the points brought to your kind notice.
( K.P.SINGH )
65- Engineers Enclave Jakhan,
Rajpur Road, Dehradun
Copy to :-
1) M. Krishnan, Secretary General, Confederation of Central Govt. Employees and Workers.
2) T.K.R Pillai, General Secretary, All India Association of Administrative Staff (Non Gazetted)
3) Shiv Gopal Mishra, Convener - National Joint Council of Action and Secretary, JCM (Staff Side), New Delhi