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PENSION AMENDMENT BILL PASSED BY THE LOK SABHA IS A BLATANT BETRAYAL OF PENSIONERS RIGHTS

DATE:     1/ 4

 PENSION AMENDMENT BILL PASSED BY THE LOK SABHA IS A BLATANT BETRAYAL OF PENSIONERS RIGHTS

I  have gone through the Amendment Bill passed by the Lok Sabha today. It is meant to amend the CCS (Pension) Rules. It is a serious development from our angle.
It is meant to deny the hefty arrears of pension accruing to us and also to escape the punishment for Contempt of Court. The amendment bill specifically says as under:
"AND WHEREAS the judgment of the Supreme Court in SLP (Civil) No. 29124 of 2024 in the case of the Union of India and Ors. Vs All India S-30 Pensioners Association and Otherrs has obliterated such distinction and proceeded on the premise that the Government lacks authority for providing for such distinction of the Central Government pensioners based on their date of retirement".
The above cited judgment of the Supreme Court in SLP (Civil) No. 29124 of 2024 in the case of the Union of India and Others Vs All India S-30 Pensioners Association and Others is exactly the case to which our case was tagged in Hon. Delhi High Court. The Government's SLP was dismissed by the Supreme Court in October last year. Today's amendment is meant to supersede that judgement.
The relevant portion of the Press Release of the Press Information Bureau issued by the Ministry of Personnel, Public Grievances & Pensions today is extracted below:
"The validation legislation validates the principle that without prejudice to the Pension Rules, the Central Government has the authority to establish distinctions among pensioners as a general principle and that a distinction may be made or maintained amongst the Pensioners, which may emanate from the accepted recommendations of the Central Pay Commissions, and in particular the distinction may be made on the basis of the date of retirement. The legislation has been made effective from 1.6.1972, thereby validating all Rules made under Article 309 of the Constitution for CCS (Pension) Rules, 1972, CCS (Pension) Rules, 2021, CCS (Extraordinary Pension) Rules, 2023 including all instructions issued thereunder as amended from time to time".
It is clearly meant to assert Government's authority to amend the Pension Rules anytime. It is also covertly meant to supersede the Court's judgment cited above to avoid the legal liability for arrears to past pensioners. It is also covertly meant to make our contempt case pending in Delhi High Court redundant/ infructuous.
The Supreme Court had previously ruled (notably in D.S. Nakara Vs. UOI, and reiterated in later cases) that differentiating pensioners solely on the basis of retirement date is discriminatory. The amendment is designed to legislatively overturn or neutralise the Court's interpretation. By stating explicitly that Pay Commission benefits apply only to future retirees, the government has sought to restore its discretion. Applying revised Pay Commission benefits retrospectively to all existing pensioners (especially those who retired decades ago) could involve massive arrears and recurring pension liabilities. By limiting the benefits to new retirees, the amendment seeks to control Govt expenditure and to ensure budget predictability in managing pensions.
In effect, this is a legislative response to undo/ bypass the consequences of an adverse court judgment. It seeks to retroactively validate the government's practice of using retirement dates as cutoffs for pension revisions and to prevent future litigation by putting the rule explicitly in statute.

Unless the amendments brought about in CCS Pension Rules through Finance bill are nullified or amended, no clarification by the Government, in any manner, has any validity. Absolute Statutory powers that Govt. got through this amendment are draconian and can be utilized anytime, anywhere. These are legislative powers. No Administrative instructions can offset these Statory Provisions. Assurances of Secretary, DOP& PW, are meaningless, misleading and have no relevance.

- GS, SNPWA.

(COURTESY: SNPWA WEBSITE)

 

Notification for Pension Adalat on 29.03.2025

DATE:     28/ 2

Notification for Pension Adalat   on  29.03.2025

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GRANT OF NOTIONAL INCREMENT CLARIFICATION OF THIRD PARTY

DATE:     20/ 2

GOVERNMENT CLARIFICATION ON THE TERM "THIRD PARTY" FOR GRANT OF NOTIONAL INCREMENT

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EIGHTH CPC

DATE:     12/ 2

GS SNPWA – Regarding inclusion of Pension Revision in the Terms of Reference of 8th CPC – Discussions with Com Shiva Gopal Mishra, Secy/ Staff Side National Council of JCM

 

 


Regarding inclusion of Pension Revision in the Terms of Reference of 8th CPC - Discussions with Com Shiva Gopal Mishra, Secy/ Staff Side Natiobal Council of JCM:
Consequent upon submission of note by this Association to the Cabinet Secretary, pleading with him to include the Critical Issue of our Pension Revision in the Terms of Reference of 8th CPC, GS had a very detailed discussion with Com Mishra on this issue, based on the aforesaid mentioned note, a copy of which was endorsed to him.
We are extremely thankful to Com Mishra for having discussed this issue informally with Secy/ DOP& T in the crucial meeting that Staff Side of NJCM had with her on 10th Feb, 25 regardingfinalization of Terms of Referenceof 8th CPC.
Com Mishra informed GS that, even though Secy/ DOP&T expressed some reservation for including this issue in the Terms of Reference of 8th CPC on the ground that retired employees of BSNL/ MTNL were part of CPSU and not the Govt , yet Com Mishra very firmly maintained and conveyed to Secy/ DOP& T that, since their Pension is governed by CCS Pension Rules of 1972, and paid from the Consolidated Fund of Govt.of India, the inclusion of their Pension Revision in the Terms of Reference of 8th CPC has very strong justification. After informal discussion, Secy/ DOP& T asked Com Mishra to submit a separate note on this issue.
This morning, GS discussed the issue with Com Mishra who informed him that he is already finalizing a note on this crucial issue and that the mote will be submitted to Secy/ DOP& T in a day or two.
Com Mishra asked GS to get in touch with him on 17th Feb, 25 after he submits the note to Secy/ DOP& T.
This Association has no words to express its deepest sense of gratitude to Com Mishra for his continuous and sustained efforts to get this crucial issue included in the Terms of Reference of 8th CPC which undoubtedly is a herculean task.
GS is and will continue to remain in constant touch with Com Mishra, Secy, Staff Side, NCJCM.

 

(COURTESY:  SNPWA  WEBSITE)

 

 

 

NOTIONAL INCREMENT DOT ORDERS IS FORWARDED TO BSNL UNITs

DATE:     28/ 1

BSNL has issued a letter intimating its units that the benefits flowing out of the DoT's decision for grant of notional increment for pension is to be allowed by the concerned CCAs. Hence the Circles/Units are requested to forward the notional increment cases to the concerned CCAs.
 
 

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IDA ORDER FOR INCREASED IDA W.E.F JANUARY 2025 ISSUED

DATE:     28/ 1

IDA ORDERS FOR INCREASED IDA RATE W.E.F. 1ST JANUARY 2025 ISSUED

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HAPPY REPUBLIC DAY

DATE:     25/ 1

Pin on Bookmark painting | Lines on independence day, Happy ...

BSNL Corporate Office Clarification on BSNL MRS vide OM dated 23-01-2025

DATE:     24/ 1

BSNL Corporate Office  Clarification on BSNL MRS vide OM dated 23-01-2025

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