Dear friends
Our case was heard on 31st August by the Division Bench of Muduai High Court.
After patient hearing of the case the judges posted it to 30th September 2016 for final hearing.
We request one and all to contribute for legal fund and pay subscription dues at the earliest.
nagarajan
nisvrrea
Our case was heard on 31st August by the Division Bench of Muduai High Court.
After patient hearing of the case the judges posted it to 30th September 2016 for final hearing.
We request one and all to contribute for legal fund and pay subscription dues at the earliest.
nagarajan
nisvrrea
6 comments:
PUNE
Sir/Madam,
Legal facts to be argued in the Hon'ble Courts in both SVRS-2004 & SVRP-2003 Schemes.
All the VRS Schemes viz. SVRS-2004 Scheme, SVRP-2003 Scheme & GGSVSO-2009 Scheme provide pension as per the statutory General Insurance (Employees') Pension Scheme 1995. Therefore, implementation of the same Pension Scheme differently for retirees of SVRS-2004 & SVRP-2003 and differently for retirees of GGSVSO-2009 is illegal, unlawful and violation of the statutory Pension Scheme 1995 and a fraud/ mismanagement of our common Pension Fund in lieu of Employers' Contributory Provident Fund ( CPF). Whereas, neither SVRS-2004 nor SVRP-2003 nor the statutory Pension Scheme 1995 has any provision which states that if any VRS Scheme is floated and offered by the employer (PSU General Insurance Companies) with an additional benefit of ex-gratia payment to attract employees to go for immediate voluntary retirement from service and the employees accept such ex-gratia amount paid under the said VRS Scheme, then such ex-gratia amount already paid to VRS retirees will be recovered or adjusted later on from the payment of statutory retirement benefit schemes such as pension.
Therefore, such recovery or adjustment of ex-gratia amount already paid to VRS retirees is a clear violation of statutory schemes of SVRS-2004 Scheme, SVRP-2003 Scheme & General Insurance (Employees') Pension Scheme 1995. Further, GGSVSO-2009 (GOLDEN GATE SCHEME) applicable to top management Executives of PSU General Insurance Companies is an evidence which proves that ex-gratia amount paid cannot be recovered or adjusted later on after retirement from service from the payment of statutory retirement scheme benefits viz. pension, gratuity, leave encashment etc.
Please forward this message for better life of retired employees/ officers of PSU General Insurance Companies...
Pramod Srivastava, Development Officer (SVRP-2003)
(M) 09823 728526 (M) 098220 92647.
Mr. Pramod srivastava has made some comments now and earlier, however it is not known whether our nisvrrea leaders has read the same or not.
Mr. Pramod Shrivastava must talk to nisvrrea leaders personally for the sake of all the svrs optees. He has done a good job. Thanks.
PUNE
Sir/Madam,
I hereby refer to the comments of Mr. S C Malhotra, Mr. Vipin Kumar Gupta and other complainants on various WhatsApp that the PSUGIC retirees of August, 2012 to May, 2013 are getting very less pension. It is not so simple as such retirees think. It is a very good question and highly technical question. Let me explain hereunder.
It is absolutely correct that pension is payable on 10 months' average of Basic pay + DA while calculating pension as per the prevailing General Insurance (Employees') Pension Scheme 1995. But for such retirees, the technical problem is that after retirement from service when consumer price index (CPI) increases, one part of the Basic pay is pre-revised which has different DA calculation rate per slab (higher rate) and the other part of the Basic pay is after revised has different DA calculation rate per slab (lower rate) even zero amount as on 01.08.2012.
Now, PSU General Insurance Companies will have to understand that in the revised Pay Scale, entire DA of previous Pay Scale is merged with effect from 01.08.2012 and DA becomes zero on this date and therefore, after the Pay Revision, rate of per slab DA is reduced drastically, whereas prior to the Pay Revision, though Basic pay was low but the rate of per slab DA was very high. Therefore, it is technically & scientifically wrong to calculate 10 months' average of Basic pay & DA jointly for the purpose of calculation of appropriate pension. Instead, there will be two pension calculations for such retirees, one for the pre-revised Basic pay period and the other for the revised Basic pay period so that appropriate DA can be calculated after retirement from service when CPI is increased every six months life time. Such retiree is entitled to DA to be calculated on pre-revised DA formula for the period he was in service prior to 01.08.2012 on the pre-revised basic pension and also entitled to DA to be calculated on the revised DA formula for the period he was in service on or after 01.08.2012 on the revised basic pension. This is the pension calculation blunder that a retiree of prior to 31.07 .2012 is getting higher pension amount and a retiree of after 31.07.2012 is getting less pension amount when DA increases after retirement from service.
Suppose, I retired on 31.01.2013, so I got 6 months salary on the revised Pay Scale with revised DA formula & 4 months pre-revised Pay Scale with pre-revised DA formula. Therefore, one average will be calculated for 4 months' pre-revised Basic pay & DA and the quantum of pension & commutation of pension will be determined. Future DA after retirement from service will be calculated on this basic pension according to pre-revised DA formula life time which would be very high as the pre-revised per slab DA rate was very high. Similarly, another average will be calculated for 6 months' on the revised Basic pay & revised DA formula and the quantum of pension & commutation of pension will be determined. Future DA after retirement from service will be calculated on this part of basic pension according to revised DA formula life time. Both the pension calculations will then be added to arrive at the 10 months' average & appropriate pension & commutation of pension amount. This is scientifically correct procedure to calculate pension in such situations where we retire but are not entitled to salary on the revised Pay Scale for the entire previous 10 months period.
The present computer software calculates single DA on revised DA formula only for all such retirees on the entire Basic Pension, whereas this 10 months' average basic pension is actually mixed of both pre-revised basic pay & revised basic pay and therefore, it is wrong calculation of pension providing very less amount of DA and that is why such retirees have been getting very less pension. This computer software does not recognize that revised pay scale DA formula cannot be made applicable to the portion of pre-revised basic pension.
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Since the revised Pay Scale provides very less rate per slab DA, this rate for calculation of DA cannot be made applicable to entire basic pension and therefore, after retirement DA is wrongly calculated by the computer software of such retirees who have retired in between August, 2012 & May, 2013 and in similar situation every time Pay Revision has taken place with a retrospective date.
The scientifically correct procedure as described by me is only to arrive at proper 10 months' average salary as per the General Insurance (Employees') Pension Scheme 1995. Other rules/benefits of voluntary retirement and superannuation retirement will be applicable. We must insist the PSU General Insurance Companies to change the computer software immediately and pay the arrears of pension to such retirees. Otherwise, such retirees should file cases in the Hon'ble Courts immediately though it is not a dispute but calculation blunder only.
Please forward this message to help such retirees/pensioners...
Thanks & Regards,
Pramod Srivastava
Development Officer (SVRP-2003)
(M) 09823 728526
(WhatsApp) 098220 92647.
We would like to inform all pensioners that we have filed an application on 29-08-2016 to Ministry of Finance under RTI Act for information regarding provision of separate portal/link in official portal of UIIC for pensioners for grievance redressal and communication, provision of online payment of mediclaim renewal premium, provision of renewal notices for mediclaim to pensioners, deduction of mediclaim premium in 12 monthly instalments from pension of staff mediclaim group policy for pensioners of United India Insurance Company. Our RTI application has been forwarded by ministry to UIIC (with copy endorsed to us). We would update as & when we receive reply of UIIC.Regards.
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