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  1. SC to Centre: Make life of retired govt servant easy by enacting proper pension rules, rather than making ‘khichdi’ of process

SC to Centre: Make life of retired govt servant easy by enacting proper pension rules, rather than making ‘khichdi’ of process

The Supreme Court today recommended to the Centre that it should make life of a retired government servant easy by enacting proper pension rules, rather than making a "khichdi" of the process.

By: | New Delhi | Updated: March 22, 2018 10:59 PM
government employee, pension, pension rules, pension holders, retired government employee, Madras High Court, 7th pay Commission, news for pension holders The bench also referred to an anecdote by Privy Council 140 years ago that “the difficulties of a litigant in India begin when he has obtained a decree.” (Representative image: IE)

The Supreme Court today recommended to the Centre that it should make life of a retired government servant easy by enacting proper pension rules, rather than making a “khichdi” of the process. A bench of justices M B Lokur and Deepak Gupta made the observation in a 27-year-old pension case of a retired railway official seeking modification of his pension as per the recommendations of the 5th Pay Commission. The bench also referred to an anecdote by Privy Council 140 years ago that “the difficulties of a litigant in India begin when he has obtained a decree.”

“A somewhat similar fate seems to await government servants – on getting retired, they have to struggle for the due pension. This is a classic case of a railway employee who retired as a train examiner on 31st March, 1991, and his pension woes are being decided after 27 years and unfortunately not in his favour. “We recommend to the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a government servant by having appropriate legislation enacted by Parliament or applicable Pension Rules rather than a ‘khichdi’ of Instructions, Office Memoranda, Clarifications, Corrigenda and so on and so forth,” the bench said.

The bench was hearing an appeal filed by the Centre against the Madras High Court order, which had allowed the plea of R Sethumadhavan, who retired from the post of train examiner, railways in 1991 and sought enhancement of pension as per the 5th Pay Commission. The bench set aside the high court order.

Sethumadhavan retired from the post of train examiner in 1991 with a pay scale of Rs 1,400-2,300 and after the 5th Central Pay Commission was implemented in 1996, the replacement scale for the post of train examiner (which was apparently abolished) became Rs 4,500-7,000, the apex court noted. Seeking modification of his pension, Sethumadhavan moved the Central Administrative Tribunal (CAT) claiming that the post of train examiner was re-designated as junior engineer grade-II and the revised pay for the post was recommended by the 5th Central Pay Commission which made a difference of about Rs 5,00 per month in his pension entitlement.

However, the CAT on October 31, 2011, decided the matter against him and took the view that he had held that his pension could not be on par with the pay scale of a junior engineer grade-II. He then approached the Madras High Court in 2013, which in 2016 reversed the CAT’s order and allowed his writ petition. The top court, however, observed that the tribunal was right in observing that the situation is squarely covered by the decision of this court in a similar matter and the high court erred in assuming that the post of train examiner was re-designated as junior engineer grade-II.

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  1. Skrishna
    Mar 23, 2018 at 1:17 pm
    They say that pen is mightier than the sword but unfortunately not so in the case of a pensioner for he shunned from all protections and shunted from post to pillar like a dhobhi ka kutta na ghar ka na ghat ka.
    Reply
    1. Raj Kamal Devashwar
      Mar 23, 2018 at 12:40 pm
      Why only pensioners on Govt s.? What about people who get merely Rs1000/ per month from EPFO ? Can Govt justify their pension amount for survival in their old age where as huge amount is lying with EPFO ORGANISATION. And fetching huge interest out of it. People like Mallaya, Nirvav Mody and several defaulters have gone with billions of Rupees but the sufferer will never get a penny.
      Reply
      1. Tarsem Verma
        Mar 23, 2018 at 12:03 pm
        The SC should also decide the fate of bank retirees who too are fighting since 1995 for upgradation of their pension and enhancement of family pension and the case is pending with SC.
        Reply
        1. Amiya Dash
          Mar 23, 2018 at 11:39 am
          Income tax rules for pensioners should be made simpler so as to make them relax in various calculation in March. tax as per pension could help them in this regards.
          Reply
          1. Raghu Sampath
            Mar 23, 2018 at 10:18 am
            A retired person wil be having more of medical expenses as he is prone to diabetes,heart problems , problems and so on. Except for a meagre raise due to revision of DA every year,the basic pension of anyone including retired bankers has not been revised. When the government increases the ry of MPs and MLAs and other dignitaries and revise ry of government employees, this automatically raises the in ion and senior citizens find it difficult to make both ends meet. Either they increase the interest on bank deposits to 10 or revise the pension of retired people. The more the government keeps silence on this matter will make us more to believe that the government is not senior citizen friendly. Let them be practical instead of being in utopia.
            Reply
            1. pawan bajaj
              Mar 23, 2018 at 9:05 am
              Why supreme court is only worried about government servants only just because they are government servants
              Reply
              1. Ravi Kumar
                Mar 23, 2018 at 8:11 am
                Yes, it is really true, even serving govt servants are facing with lot of anomalies in pay fixation rules n wasting their valuable time in litigation to get their dues. Apex Court should also advice Govt to enact by making pay rules simple n maintain uniformity for similarly placed persons in govt departments.
                Reply
                1. P S Visweswara Rao
                  Mar 23, 2018 at 7:56 am
                  I hope the newspapers publish such issues pertaining to bankers also as their pension is due for revision but is not done since inception.
                  Reply
                  1. Rajiv Sarin
                    Mar 23, 2018 at 7:13 am
                    Let someone request the Hon'ble Supreme Court to consider granting relief to pensioners whose meagre pension is subjected to income tax/TDS etc. Since pension is not an income it merely is gra ude for years of service rendered there should be no income tax on pension and on accumulated pensionary benefits granted if a pensioner invests it in banks etc to earn interest to ensure his social security.
                    Reply
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