Date of Birth on 1st January 1956 forced him to retire a month advance affects his 7th CPC benefits
A government servant who was born on 1st January 1956 was forced to retire on 31 st December 2015 as per the provision of CCS Rules. As a result of this he would be categorised as Pre 2016 Pensioner and he will be incurring huge financial loss due to this. He made an appeal to raise this issue at appropriate Level. JVSR Krishna writes about this…
A Govt Servant’s Appeal, who retired on 31-12-2015 which made him pre 2016 Pensioner
Extension of 7th CPC benefits to those employees having date of birth on 01/01/1956 and retired on 31/12/2015. Except 1st Jan. all others will be benefited. This will happen once in 10 years during the pay commission year.
Hence, this genuine issue may please be raised at the appropriate forum.
AS YOU ARE AWARE PRESENTLY VARIOUS MINISTRIES/DEPARTMENTS ISSUE ORDERS TO RETIRING OFFICIALS ON SUPERANNUATION, BORN ON THE 1st OF A MONTH, ON THE LAST DAY OF THE PRECEDING MONTH. ACCORDINGLY, SIMILAR ORDERS ISSUED TO ME EFFECTING FROM 31ST DECEMBER, 2015. AS A RESULT OF WHICH, I WOULD BE CATEGORIZED AS PRE-2016 PENSIONER.
IN THIS CONNECTION I BEG TO SUBMIT AS FOLLOWS:
(i) Prior to the practice/instructions/rules of retiring on superannuation of all those born on the 1st of a month on the afternoon of the last day of the preceding month, Article 14 of the Civil Service Regulation which were being followed for decades provided that an officer whose date of birth was the 1st day of a month ceased to be on duty on attaining the age of superannuation on his 61st Birthday. Besides, the AUDIT INSTRUCTIONS below FR 56 as existed then had similar provision. This rule applied to all Government servants, whether civil or military.
(ii) The other statutory Rule 5(2) of the Central Civil Service (Pension) Rule, 1972 framed under Article 309 of the Constitution of India also provided that “The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as a non-working day.
(iii) According to Rule 83(1) of the Pension Rules, 1972 framed under the Article 309 of the Constitution of India, as existed earlier also provided that pension becomes payable from the date on which Government servant ceases to be born on the establishment.
(iv) Even at present, Leave Preparatory to retirement has to be till the date one attains the age of superannuation. According to the Rules/instructions one retires on superannuation on the date of birth of the relevant year and pension is payable from that date.
(v) According to the Halsbury’s Law of England “In computing a period of time, at any date, when counted in years or months, no regard is generally paid to fractions of a day, in the sense that the period is regarded as complete although it is short to the extent of fraction of a day. Similarly, in calculating a person’s age, the day of his birth counts as a whole day; and he attains a specified age on the day next before the anniversary of his birth day.”
(vi) As the current practice/instructions/rules was discriminatory against all those born on the 1st of a month and harshly operating against them, particularly with reference to pensioners / terminal benefits.
(vii) When, those born on other than 1st, attained the age of superannuation they were deemed not to have attained the same and allowed to continue till the last of the month, whereas those born on the 1st deemed to have attained the age superannuation on a day before the last day of the preceding month. In other words the date of birth of those born on the 1st , is being changed from the 1st to the last day of the preceding month.
(viii) The applicant would not be at par with those born on the 2nd on wards in as much as they would superannuate on the last day of January, 2016 as against 3Ist December, 2015 for the applicant. As a result, there would be two separate groups- one those born between 2nd and 31st and the other those born on the 1st – resulting in discrimination against those born on the 1st.
(ix) Based on the recommendations of the 3rd CPC it was decided that the date of annual increment would be the 1st of a month irrespective of fact whether one completes one year on the last day of the month. Similarly, it was also decided that all those born on the 2nd on wards would retire on the last day of the month irrespective of the fact whether he attains the age on the age of superannuation on the 1st of the month. Based on the principle of annual increment it was also decided that enhanced pension at the age of 80 years etc. would also be granted from the 1st of a month irrespective of the fact whether one attains that age on the 30th of the month.
(X) I WOULD BE ATTAINING THE AGE OF SUPERANNUATION ON THE 31ST DECEMBER, 2015, WHICH WOULD BE A WORKING DAY FOR ME AND I WILL BE PAID PAY AND ALLOWANCES FOR THAT DAY ALSO.
(XI) I WOULD NOT START GETTING PENSION FROM THAT DATE, I.E., THE 31ST DECEMBER, 2015. PENSION WOULD START WEF 1ST OF JANUARY, 2016. AS SUCH I WOULD BECOME A PENSIONER FROM 1ST OF JANUARY, 2016.
(XII) WHILE GRANTING COMMUTATION FACTOR, FOR THE INDIVIDUAL HAVING DATE OF BIRTH FROM 2ND TO 31ST OF THE PRECEDING MONTH AND THE INDIVIDUAL HAVING DATE OF BIRTH 1ST OF NEXT MONTH ALSO HAVING SAME FIGURE IN BOTH THE ABOVE, NEXT BIRTH DAY DATE WILL BE DIFFERENT AND COMMUTATION FIGURE ALSO SHALL BE DIFFERENT.
(XIII) FR 5-A STATES “WHERE ANY MINISTRY OR DEPARTMENT OF GOVERNMENT IS OF OPINION THAT THE OPERATION OF ANY OF THESE RULES MAY CAUSE UNDUE HARDSHIP TO ANY PERSON, THAT MINISTRY OR DEPARTMENT, AS THE CASE MAY BE, MAY BY ORDER, FOR REASONS TO BE RECORDED IN WRITING, RELAX THE REQUIREMENT OF THAT RULE TO SUCH EXTENT AND SUBJECT TO SUCH CONDITIONS AS IT MAY CONSIDER NECESSARY FOR DEALING WITH THE CASE IN A JUST AND EQUITABLE MANNER”.
It is also to bring to your kind notice that I will be incurring a huge financial loss by effecting my retirement on 31st Dec, 2015, the day on which my pay & allowances are paid and treated as in service.
IN VIEW OF THE FACTS AND LEGAL POSITION MENTIONED ABOVE IT IS REQUESTED THAT ORDERS MAY KINDLY BE GET ISSUED, RETIRING ME EFFECTIVELY WITH EFFECT FROM THE 1ST JAN, 2016, ON ATTAINING THE AGE OF SUPERANNUATION ON THE 31ST DECEMBER, 2015. AS A RESULT, TREATING THE INDIVIDUAL AS POST-2016 PENSIONER.
By JVSR KRISHNA
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U may look the judgement passed in case ofSh. G. C. Yadav who retired as Deputy Secretary, Min. Of Home Affairs on 31.12.2015 with DOB as 01.01.1956, had appealed in The Cental Administrative Tribunal, Principal Branch, New Delhi, v. Union of India & Others. The Tribunal had ruled in his favor directing the authorities to pay him all the benefits for pensionary purpose only & not for others as per the benefits given to other employees present on duty as per 7th CPC taking his date of superannuation as 1.1.2016 in the forenoon. Detailed judgement can be copied OA no. 571/2017 & also see the Central Govt. Employees News dated 08.09.2018.
Dc saxena,
Govt of uttar pradesh.
My DOB is 01/01/1956 and i also retired on 31st december 2015, not getting the benefits of 7th pay commission.
Issue raised here is genuine and must be followed seriously till the conclusion in the favour of retirees
Dear Sir
Those who retired on 31.12.2015 due to DOB 1.1.1956 is there any decision taken to give justice to retirees who are suppose to get 7th pay commission benefits as experts can analyse how can one person on duty and same day pensioner? Or just ignorance. Thanks
As stated above there is disadvantage to Govt Servant due to DOB 1.1.1956, and retired on 31.12.2015 is there anyone to raise the voice and give justice to them. There are many committees working on different subject except this problem, because they know what pensioners will do?
As stated above, there are one or two employees in every central Govt. office who’s DOB is 1.1.1956 and obviously retired on 31.12.2016 and every employee knows there is huge financial loss for them. This is genuine problem. Only thing those who are on the committee should solve this problem and give justice to pensioners. They can send circular to all offices and ask the information who’s DOB is 1.1.1956 and forced to retire on 31.12.2015 immediately all the data will be collected and they can take decision, recently all the technical staff financially benefited by assessment, like that also administrative staff also will be benefitted if it happens. As we have worked very hard with less salary, now very junior staff getting salary what we got after 25 years. Pl. do something for retirees. thanks
Dear all concerned,
I have filed the case in CAT Principal Bench, demanding, having DOB 01/01/1956, superannuation on 31/12/2015. Since, 31st Dec. 2015 is a working day, Pay & allowances are drawn for that day, and pension starts only on 1st Jan.2016, claiming that other benefits like leave encashment, commutation value, revised gratuity shall be paid as per 7th CPC benefits. Let us hope for further information on the subject. If any of similarly placed central govt employees can contact for further information. [email protected] ph No.9441903448.
Dear Sir, As stated all above officers this is obvious parson retires on 31.12.2015 he is on duly till 12.00 and will be pensioner fron next day, but here taken as granted person is serving and pensioner same day his dues and pension calculated accordingly. I would request committee members if there is any committee formed, to consider sympathetically and give justice.
Dear Pensioner, one more issue all technical staff got assessment benefits. Is there any possibility to get same benefits to administrative staff also. Of course everybody knows administrative staff also have done tremendous work, so they deserve for benefit.
Is anybody there to take note of pensioners whose DOB is 1.1.1956 and forced to retire on 31.12.2015 as mentioned above by affected officers. Is there any further progress in this regard? Thanks
Dear sir, as stated above many employees affected, also many female employees they have not taken child care leave etc by that time their children grown up and now central govt. given facility of two years I.e. If the young scientist drawing one lakh per month govt is paying twenty four lakes rupees to that lady to sit idle, and everybody knows what is child care they do, and all above staff retired on 31.12. 2015 just asking for little benefit where they really worked last ten years.
My date of birth is also 01.01.1956 and superannuated on 31 12 2015. My email id is [email protected] and my Mobile No. is 09432338554. I am ready to be a part of any movement for the benefit of pensioners.
Sir,
I am trying to contact the employees of central govt having date of birth 01 01 1956 and superannuated on 31 12 2015.
My email id [email protected]
mobile no. 09441903448.
Similarly placed placed persons of central government give their email id and mobile no. To contact and share the information.
Kind regards
JVSR krishna
My date of birth is 01/01/1956
Retired 30/12/2015
What can I do for 7th pay benfits
My date of birth is 1. 1. 1956 i retire on 31. 12. 15 what can i do ?
26.6.2016 ISHWARI PRASAD ALLAHABAD
corrigenda in my reply dated 25.6.2016
In case no. 7397/2004, Ram Anjore Singh vs UOI and others (retired on 31.5.1995) MAY BE READ AS ‘In case no. 7397/2004, Ram Anjore Singh vs UOI and others (retired on 31.12.1995)’
Sorry for inconvenience.
25.6.2016
Dear gservants.com
Pl refer to your message of 23.9.2016. I am thankful to you for keeping a link between unknown Pensioners. Desired information given below may please be communicated to Shri JV Krishna
In case no. 7397/2004, Ram Anjore Singh vs UOI and others (retired on 31.5.1995), double bench of Allahabad High Court was of the view that legally the status of the concerned person would continue to be a “government servant” till the midnight of the last working day, since the afternoon come to an end at 12.00 PM i.e. end of the day. The Court ordered that ‘—the petitioner is entitled for revised pay scales———-”. The respondents (UOI) filed SLP (civil) no. 4698/2008 which was converted to Appeal Civil 259 of 2009 – UOI vs Ram Anjore Singh. The latest status shows that case has been disposed off on 30.10.2014. I could not locate the decision viz it was disposed off on merit or other technical grounds. Pl let me know if you can. (Last updated on 24-06-2016)-ISHWAR I Prasad
For example person born on 10th of a month completes a year 9th of the same month next year. Normally, the person retires in the end of same month, he / she attains the age of superannuation. The person born on 1st of the month. attains the age of superannuation on last day of the previous month.. Naturally, person born on 01.01.1956 superannuates on 31.12.2015 and that is last day of the month. Always rules are rules only… But the Government should sympathetically consider the representations of affected employees…
Similarly an employee whoes date of birth is 1st July also looses increment and dearness allowance from July . The matter has to be decided by government
As supreme court left the issue with government all trade unions must pressed the issue. I had submitted memorandum with calculations of loss whose date of birth happens to be 1st Jan and 1st July and retired on 31 12and 30 june respectively. But no reference by pay commission
ISHWARI PRASAD from Allahabad on 12.6.2016
Dear Pensioner
A similar case is pending in Supreme Court. Govt servant is on duty upto 12 PM, receives salary for that day also and retires after 12 PM when the day is changed. How he can be a pensioner and serving person on same date?
Serving employees should be wise enough and come forward to protect their future. Pensioners are in better number than serving but not united. Be UNITE honestly like defense Pensioners if you want Justice.
Another disadvantage is increment due on 1st Jan will also not eligible since employee already retire/superannuation on last day of month ie 31st Dec. After serving one year the next increment will also loosing. Govt.should think of this and do justice to the employees.Whose Birthday is also 1 Jul/Jan will have same problems. State Govt of Tamilnadu have approached Court in this regard.