Wednesday, June 10, 2009

Railway Senior Citizens Welfare Society ..Pension

From: HARCHANDAN SINGH harchandan_chd32@yahoo.co.in
Subject: Letter to Pensioners - Some vital issues
To:
Date: Monday, 8 June, 2009, 8:36 PM
Railway Senior Citizens Welfare Society
Chandigarh
(Estd. 1991, Regd. No. 1881 – Under Registration of Societies Act)
Website for Pensioners & Senior Citizens httt://www.rscws.com
M.S. Batra,
President, RSCWS / CHD.
1543 Sector 42-B, Chandigarh
(Ph. 0172-2604713)

No. RSCWS / CHD / SCPCHarchandan Singh
Secretary General, RSCWS
H.O.32, Phase- 6, Mohali-160055
(Ph. 0172-2228306 & 09316131598)
Email- harchandan_chd32@yahoo.co.in
Date 5. 06.2009

Dear Brother Pensioners,
Subject: Disparities in Pension of Pre- 2006 Retirees - summary rejection of all representations regarding unjust fixation of pension of Pre-2006 Pensioners.. – WHAT NEXT? SHOULD WE GO IN FOR LEGAL REMEDIES? If so when?
1. You are aware about the injustice done with the Pre-2006 Pensioners by the DOP in the shape of the so called “clarification” issued vide its OM dated 3.10. 2008, by which the very essence or the spirit had been changed or rather been mutilated in respect of the marginal benefit given by the Sixth Pay Commission (vide Para 5.1.47 of its report) and the decision of the Government of India thereon as notified vide DOP Notifications dated 29. 8. 2008 & 1.9. 2008 which inter alia provided as under
“4.2 The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired.”
2. The representations by various individuals & Pensioners organisations against the said “clarification” of 3rd October, 2008, have all been summarily rejected by the DOP vide its OM dated 11.2.2009. We had since made an appeal against the said OM dated 11.2.2009 to the Prime Minister on 26th May, 2009 – a copy of the said appeal is attached herewith for your information. Fate of this Appeal may be known in another couple of months – either through a reply by the Govt. or through an application under the RTI Act.
Some other organisations must have also sent appeals on this issue. Similar appeals may please be sent by such organisations or individuals, who had not sent it so far.
3. The issue had also been raised under te RTI Act by us as well as some active members of RREWA – which we appreciate. But the response of the DOP has mostly been very evasive in reply to all the queries under RTI also.
Note: Copies of all the above refered orders, representation, appeal & replies received under RTI by RSCWS & by RREWWA etc can be accessed on our website www.rscws.co.)
4. We have also been pursuing the Staff Side of the JCM to include this issue in the agenda of National Anomalies Committee besides couple of other items (including revision of Medical Allowance and additional Pension of 5, 10 & 15% to those of the age above 65, 70 & 75 years respectively etc).
It is understood that the issue regarding removal of Disparities in Pension of Pre- 2006 Retirees had since been included in the agenda of Anomalies Committee – which is yet to start functioning. But unfortunately the past experience of the Anomalies Committees had not been very encouraging – after the previous Pay Commissions – where in many of the issues could not be resolved even after 10 years.
5. Meanwhile, some HAG grade retired officers are understood to have filed a court case in CAT Hyderabad on the above issue of disparity. However, this case / OA has been filed as individuals.

Even though they have prayed for setting aside of the clarification issued vide notification dated 3.10.2008, but legal opinion differs on the possibility of universal application of a judgement filed in their individual capacity even if it is favourable.
6. In the light of above facts we would like to seek the opinion of the various Pensioners’ Associations & individuals on the following issues:
i)Should we collectively go in for a legal remedy on the issue of - Disparities in Pension of Pre- 2006 Retirees?
ii)Should we file a joint case / OA in CAT forthwith?
iii)Would you like to join the court case as a party –
a) As an individual? or
b) As an organisation of Pensioners?
iv)When and where should the said court case be filed & by whom?
v) a) Would you like to initiate the said court case at your level?
b) if so, would you like others to join it as a party & in what manner?*#*
vi)Any other remarks or suggestions.



5. *#* RSCWS Chandigarh proposes to pursue the case to its logical conclusion and shall be ready to cooperate in any collective effort by any one in this regard.
Looking forward to an early & positive response, with best wishes & regards,
Yours fraternally,

Harchandan Singh
Secretary General, RSCWS, CHD
Encl. i) Copy of Appeal to PM by RSCWS
ii) Pensioners' Rail Sampark
(Quarterly News Bulletin of RSCWS)
iii) Appn for revised PPO Pre-& Post 06 Ret & option Form

--------
Railway Senior Citizens Welfare Society
Chandigarh / Panchkula & Mohali
(Estd. 1991, Regd. No. 1881 – Under Registration of Societies Act)
Website for Pensioners & Senior Citizens httt://www.rscws.com
M.S. Batra,
President, RSCWS / CHD.
1543 Sector 42-B, Chandigarh
(Ph. 0172-2604713)

No. RSCWS / CHD / SCPCHarchandan Singh
Secretary General, RSCWS
H.O.32, Phase- 6, Mohali-160055
(Ph. 0172-2228306 & 09316131598)
Email- harchandan_chd32@yahoo.co.in
Date 5. 06.2009

Dear Brother Pensioners,
Subject: Disparities in Pension of Pre- 2006 Retirees - summary rejection of all representations regarding unjust fixation of pension of Pre-2006 Pensioners. – WHAT NEXT? SHOULD WE GO IN FOR LEGAL REMEDIES? If so when?
1. You are aware about the injustice done with the Pre-2006 Pensioners by the DOP in the shape of the so called “clarification” issued vide its OM dated 3.10. 2008, by which the very essence or the spirit had been changed or rather been mutilated in respect of the marginal benefit given by the Sixth Pay Commission (vide Para 5.1.47 of its report) and the decision of the Government of India thereon as notified vide DOP Notifications dated 29. 8. 2008 & 1.9. 2008 which inter alia provided as under
“4.2 The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired.”
2. The representations by various individuals & Pensioners organisations against the said “clarification” of 3rd October, 2008, have all been summarily rejected by the DOP vide its OM dated 11.2.2009. We had since made an appeal against the said OM dated 11.2.2009 to the Prime Minister on 26th May, 2009 – a copy of the said appeal is attached herewith for your information. Fate of this Appeal may be known in another couple of months – either through a reply by the Govt. or through an application under the RTI Act.
Some other organisations must have also sent appeals on these lines. Similar appeals may please be sent by such organisations or individuals, who had not sent it so far.
3. The issue had also been raised under te RTI Act by us as well as some active members of RREWA – which we appreciate. But the response of the DOP has mostly been quite evasive even in reply to all the queries under RTI also.
Note: Copies of all the above refered orders, representation, appeal & replies received under RTI by RSCWS & by RREWWA etc can be accessed on our website www.rscws.co.)
4. We have also been pursuing the Staff Side of the JCM to include this issue in the agenda of National Anomalies Committee besides couple of other items (including revision of Medical Allowance and additional Pension of 5, 10 & 15% to those of the age above 65, 70 & 75 years respectively etc).
It is understood that the issue regarding removal of Disparities in Pension of Pre- 2006 Retirees had since been included in the agenda of Anomalies Committee – which is yet to start functioning. But unfortunately the past experience of the Anomalies Committees had not been very encouraging – after the previous Pay Commissions – where in many of the issues could not be resolved even after 10 years.
5. Meanwhile, some HAG grade retired officers are understood to have filed a court case in CAT Hyderabad on the above issue of disparity. However, this case / OA has been filed as individuals.

Even though they have prayed for setting aside of the clarification issued vide notification dated 3.10.2008, but legal opinion differs on the possibility of universal application of a judgement filed in their individual capacity even if it is favourable.
6. In the light of above facts we would like to seek the opinion of the various Pensioners’ Associations & individuals on the following issues:
i)Should we collectively go in for a legal remedy on the issue of - Disparities in Pension of Pre- 2006 Retirees?
ii)Should we file a joint case / OA in CAT forthwith?
iii)Would you like to join the court case as a party –
a) As an individual? or
b) As an organisation of Pensioners?
iv)When and where should the said court case be filed & by whom?
v) a) Would you like to initiate the said court case at your level?
b) if so, would you like others to join it as a party & in what manner?*#*
vi)Any other remarks or suggestions.



5. *#* RSCWS Chandigarh proposes to pursue the case to its logical conclusion and shall be ready to cooperate in any collective effort by any one in this regard.
Looking forward to an early & positive response, with best wishes & regards,
Yours fraternally,

Harchandan Singh
Secretary General, RSCWS, CHD
Encl. i) Copy of Appeal to PM by RSCWS
ii) Pensioners Rail Sampark
(Quarterly News Bulletin of RSCWS)


---------
PENSIONERS’
RAIL SAMPARK
Quarterly BULLETIN of the
RAILWAY SENIOR CITIZENS WELFARE SOCIETY (Regd.)
CHANDIGARH – PANCHKULA & MOHALI
(Estd. 1991, Regd. No. 1881 - under Societies Registration Act) Website for Pensioners: www.rscws.com
President RSCWS M.S. BATRA
# 1543, Sector 42, Chandigarh (Phone 0172-2604713 & 9988323369) Editor & Secretary General RSCWS – HARCHANDAN SINGH
# 32, Phase 6. Mohali (Phone-0172-2228306, 9316131598)

Vol. 5 No. 2 CHANDIGARH April - June, 2009 FOR MEMBERS ONLY

RSCWS congratulates Dr. Manmohan Singh for taking over again as PM
- Seeks intervention for removing disparity in revised Pension
RSCWS, while drawing the attention of the Prime Minister Shri Manmohan Singh towards the injustice done with the Pre-2006 Pensioners vide the DOPs clarificatory orders dated 3.10..2008, have also heartily congratulated him for once again taking over as the Prime Minister of India and appreciated his calibre, ability, integrity and professional competence - recognized all over the world and expressed confidence that greater justice will be done – especially to the weaker sections of the society and the elderly - senior citizens.
Copies of the Appeal have also been sent to Minister for Finance, Minister of Railways etc.
(Please see copy of the appeal inside)
DOP & Railway Board urged for early Issue of Revised PPOs to existing Pensioners
Railways call for application to start the process of Issue of Revised PPOs to Existing Pensioners – Last date for submission of application June 30
RSCWS had urged the DOP & Railway Board for early Issue of Revised PPOs to existing Pensioners as lesser amount of Revised Pension was being paid (by the Banks in many cases) –than that due under the DOPs orders cited above – especially in cases where the revised Pension was to be fixed at a higher level than the Fixation Table – in terms of Para 4.2 of the DOPs OM cited above or even as per clarification which inter-alia provides that “-- the revised pension, in no case, shall be lower than 50 % of the sum of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired.” Earlier RSCWS had also raised the issue under RTI, for issue of PPOs early.
Railways have since called for application to start the process of Issue of Revised PPOs to existing Pensioners. Last date for receipt of the applications & furnishing requisite information has been fixed as June 30, 2009 as per notification issued by the Northern Railway. All existing Pensioners are advised to send the requisite information & documents to the respective Settlement Sections of the HQ office/
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