New Update

  1. main prayer in the case of modified parity is pension to be fixed of pro-rata pensioners according to column no.9 of om dated 28-1-2013 with removal of para-5 with the follow up of para -12 of GOI dated 29-8-2008, first para of dicision of Pr CAT-delhi dated 1-11-2011, second last para(26) of hon.Delhi high court ,order of full pension on ten years service dated 8-6-2011,order of dated 22-12-2012 ommitted the word pro-rata from rule 37 & 37A, dismissal of SLP,review & curative petition and implimentation of orderdated 26-8-2014. No one can modify the para-12 of GOI dated 29-8-2008. The case is clear on merit and limitation bacause repesentatation was in 2008. And also pray the arrear since 1-1-2006 with interest.
  2. the case of combined pension is ready for filing in second week of feb-2015.
  3. the time has come to achieve the target and be unite without fearing ,otherwise this time will never come again.

” Be strong and contribute to PRPA “

11 thoughts on “New Update

  1. nagpur bench of maharashtra admn tribunal held that re-employed should get da on pension and his salary. when their pension is ignored for fixation of salary. Plaapplicant m zammil win the case can we do some thing for mtnl re -employee?

  2. Sir.
    The following few points may please be clarified and guidance be given for the resettlement of an retiring ex-servicemen on superannuation from BSNL a PSU.
    1. I am an ex-serviceman, sergeant of IAF and a defense pensioner.
    2. Name: A Muralidharan Ser.No- 632643r
    3. My defence service : 15 years 7days
    4. Reason for discharge: On fulfilling the condition of the enrolment-vide RO/2504/2 ERW(Dis) dtd 04 feb 88.
    5. Re-employed in BSNL a PSU as a direct recruited employee and Date of Training wef 15-04-2002
    6. Date of Joining wef 24-06-2002
    7. Date of birth : 01-03-1955
    8. Date of Retirement on superannuation : 28-02-2015
    9. Total service in BSNL : 12 years 11months 14days
    10. I am enrolled in EPF sheme 1952 , from 2002-2003 , TN/50110/259.

    The clarification required for me is that,
    1. Can I be covered for service pension vide the reference of ccs pension rules 1972, 13 to 32 , 48A,48B,48c .
    2. Or any other rule pertaining to PSU BSNL.
    3. Or any type of pension can I get.
    4. The New Pension Scheme wef 01-04-2004 and applicable for new entrants to central govt service.
    5. Can I opt for service pension as it is beneficial to me than EPF pension scheme. If so, then what procedures and forms and applications should I have to follow and fill .
    6. Under the references and rules required.
    7. My IDA pay scale is : 14900-27850
    8. Last pay Drawn: Rs 50831 Minus deduction 8352 and net pay is Rs 42479/- I
    9. BSNL absorbed employees are drawing IDA pension scale equal to 50% of their basic. that is minimum Rs 3380/- and minimum family pension is Rs 2000/-

    Dear Sir,
    These information to me is highly valuable financially at this time of my retirement on superannuation and help me to lead a peaceful retirement life and shall be thankful to each and every one who extends help in this regard.

    Thanking you in anticipation
    Yours Faithfully A.Muralidharan. (9443421040) M.68 RMD Illam Park Town, Rajagopalapuram Pudukkottai-622003

    • Pl clarify, you are getting the pro-rata pension of the IAF service or not. you may count your service of IAF by surrendering the DCRG and read the rule of counting of military service

      • Sir as per my information and what i am mtnl pro rata pensioner I am getting rs 3500/ basic for service renderd in central govt.and i will get cpf pension for which company is now deducting 1230/ up to last year they are deducting 543/ for that i will get pension near about 4000/ from may 2023.

        so total pension is 3500/ for govt service and 4000 from cpf.

        This is for your information please. dilip b 9869402815

  3. Re-employed person can receive DA on pension as well as salary: MAT

    Re-employed person can receive DA on pension as well as salary: Maharashtra Administrative Tribunal

    Nagpur: The Nagpur bench of Maharashtra Administrative Tribunal (MAT) held that a re-employed pensioner was entitled for receiving “dearness allowance (DA)” on his pension as well as on his salary.

    “There is no rule that prohibits claiming dearness allowance on pension amount as well as on basic salary that is received after re-employment. The intention of legislation was to give benefit to the government employee who prefers retirement before the age of 55 years and is obviously subjected to payment of reduced amount as pension as compared to those who superannuate at 58 years,” Justice (retired) MN Gilani stated.

    Applicant Mohammed Jameel had sought voluntary retirement from the Public Health Department on October 5, 1999, before attaining 55 years and joined as a lecturer in Law College in Gondia from the next day. He retired on February 9, 2007, after putting in seven years of teaching. On the same day, city-based district treasury officer issued an order of recovery of Rs1.31 lakh from his pension amount on the grounds that drawing “two dearness allowances” was not permitted. The petitioner received the DA on his pension as well as on his salary during his re-employment.

    He challenged this order through counsel Tushar Mandlekar relying on the MCS Pension Rules that say in case of persons retiring before attaining the age of 55 years, the competent authority while fixing the pay should ignore the “entire pension” clause in case of employees other than Class I. The government relied on the guidelines issued through its circulars for pointing out that excess DA payment was not permissible.

    Mandlekar argued the definition of “pension” as per Article 366 of the Constitution of India was inclusive of DA. The definition of pay, pension, and pensionable pay, are defined under Rule 9 (36), (37), (38), and Rule 60 of MCS, if read together along with the definition of pension under Article 366, makes it clear that DA was included in pay and pension, and thus could not be separated or deducted independently.

    The tribunal held that Rule 157 (3) of MCS Pension Rules was independent and had its own identity, which mandated the government to ignore the “entire pension” clause that included allowances attached to it.

    MAT added that there was no reason for paying and disbursing officer to rely on Rule 262 of Maharashtra Treasury Rules 1968 or government circulars. “The payment of pension to the re-employed pensioners is required to be fixed in accordance with the provisions of Chapter XIV of MCS Pension Rules, 1982. It is provided in Rule 157 (3) that “entire pension” needs to be ignored while fixing the new pay,” Justice Gilani said before quashing the district treasury officer order.
    P

    • the comments are highly appreciable and PRPA is ready to consider and please meet to the GS prpa in person and possible to achieve the target through JCM and court in favour of MTNL and BSNL absorbee who covered under pro-rata pensioner who appointed in the pensionable service by the DOT. Be take it serious.

  4. sir
    The person who win the case in mat court has took voluntary retirement from his 1 st govt
    service.
    This is for your information please.

  5. Press Information Bureau
    Government of India
    Ministry of Defence
    12-August-2014 12:46 IST
    Payment of DA on Pension of Ex-Servicemen

    Guidelines issued by the Department of Pension and Pensioners Welfare for payment of Dearness Relief to re-employed pensioners have been extended by this Ministry to the ex-servicemen re-employed in civil posts. These guidelines are as under:-

    • The pay of re-employed pensioners who held posts of the ranks of Commissioned Officers at the time of their retirement is fixed at the same stage as last drawn before their retirement. These pensioners are not entitled to any Dearness Relief on pension on their re-employment in civil posts.

    • The pay of re-employed pensioners who held posts below the ranks of Commissioned Officers (PBOR) at the time of their retirement is fixed at the minimum of the pay scale of the post in which they are re-employed. Such pensioners are entitled to Dearness Relief on pension on their re-employment in civil posts.

    • If the pay of re-employed pensioners who held posts, below the ranks of Commissioned Officer (PBOR) at the time of their retirement before attaining the age of 55 years, is fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given, the pay is treated as fixed at a minimum of the pay scale for the purposes of ignoring the entire pension and allowing Dearness Relief on pension.

    It is expected that the aforesaid guidelines are being implemented by all banks uniformly without prejudice to the ex-servicemen category. This information was given by Defence Minister Shri Arun jaitaly .

    THIS EXPLANATION IS VERY MUCH IMPORTANT FOR ALL MTNL PRO RATA PENSIIONERS OF MTNL. ONLY APPROVED COPY IS REQUIRED .Can anybody help us to get signed copy of competanent authority og govt of india.

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