Monday 14 November 2011

Principal Bench of CAT’s Judgement in favour of Pre-2006 Pensioners

The Principal Bench of CAT New Delhi, has in a remarkable judgement has quashed the clarifications issued in the Office Memorandum dated 3.10.2008 and 14.10.2008 (No: 38/37/08-P&PW(A) .Pt.1) regarding the fixation of revised pension in respect of pre-2006 pensioners. As we all know, pre-2006 Pensioners have been not treated at par with Post 2006 pensioners as far as revised pension fixation is concerned.CAT Principal Bench New Delhi Judgement on pension fixation of pre-2006 pensioners
The resolution dated 29.08.2008 by which Government accepted the recommendations of Sixth Pay Commission report as well as the clause in para 4.2 of the Office Memorandum dated 01.09.2008, define the minimum revised pension as " 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".

However, it could be seen that in the O.M. No: 38/37/08-P&PW(A) .Pt.1 dated 14.10.2008, Department of Pension and Pension welfare has formulated a fitment table by misinterpreting the Government decision on fixation of pension for pre-2006, Pre-1996 and Pre-1986 Pensioners.
It is apparent that pensioners retired before 2006, are in the loosing side as their minimum pay is pegged at only 50% of minimum of pay band (and 50% of grade pay) corresponding to pre-revised pay scale in which the employee had retired. On plain reading it may look what was done by the Government is correct. But it is gross misinterpretation of 6CPC recommendations and acceptance of 6cpc recommendations in the resolution by way of formulating a wrong fitment table that has caused a huge financial loss to pre-2006 pensioners.

Illustration:
Following pre-revised pay scales have been bunched and revised to a single pay band after 6cpc.
Pre-revised scale Pre-revised Pay band Revised Pay Band and GP
S-9 Rs.5000-150-8000 PB-2 Rs.9300-34800 + GP Rs.4200
S-10 Rs.5500-175-9000
S-11 Rs.6500-200
S-12 Rs.6500-200-10500
S-13 Rs.7450-225-11500 PB-2 Rs.9300-34800 + GP Rs.4600
S-14 Rs.7500-250-12000 PB-2 Rs.9300-34800 + GP Rs.4800
S-15 Rs.8000-275-13500 PB-2 Rs.9300-34800 + GP Rs.5400
The OM dated 14.10.2008, has advocated that the minimum pension of employees fall under pre-revised scales from S-9 to S-15 will not be less than 50% of Rs.9300 plus 50% of the grade pay corresponding to the pre-revised pay scale. So an employee who retired prior to 2006 when he was receiving a basic pay of Rs.13225 in the pre-revised pay scale of S-15 (Rs.8000-275-13500) will receive a minimum pension of only Rs.4650 + Rs. 2700 (50% of Rs.9300 and Rs.5400), if the revised pension is less than the minimum pension.
Principal Bench of Central Administrative Tribunal (CAT) has come to the rescue of pre-2006 pensioners in this aspect by pronouncing judgement to the effect that O.M dated 14.10.2008 is quashed and revised pension fixation has to be done to the Pre-2006 pensioners on the basis of as per the resolution dated 29.08.2008.
It is also indicated by CAT that in the garb of clarification, respondents misinterpreted minimum of pay in the pay band as minimum of the pay band and that this interpretation is apparently erroneous.
The order portion is as follows:
"PARA 30: In view of what has been stated above, we are of the view that the clarificatiory OM dated 3.10.2008 and further OM dated 14.10.2008 (which is also based upon clarificatiory OM dated 3.10.2008) and OM dated 11.02.2009, whereby representation was rejected by common order, are required to be quashed and set aside, which we accordingly do. Respondents are directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006, based on the resolution dated 29.08.2008 and in the light of our observations made above. Let the respondents re-fix the pension and pay the arrears thereof within a period of 3 months from the date of receipt of a copy of this order. OAs are allowed in the aforesaid terms, with no order as to interest and costs"
Hence, in order to re-fix the pension based on minimum of the pay in the pay band corresponding to the pre-revised pay scale from which the pensioner had retired, the revised pay in pay band (as per 6CPC implementation) corresponding to each incremental basic pay in the pre-revised pay scale will be required.
The fitment table provided in the Annex-1 of O.M.F.No: 1/1/2008-IC dated 30.08.2008 issued by Government for implementing the revision of pay as per CCS (Revised Pay) Rules, 2008 will come in handy for this exercise.
For example, the same employee (in the illustration above) who retired at the basic pay of Rs.13225 in the pre-revised pay scale of S-15 (Rs.8000-275-13500) who will receive a minimum pension of only Rs.4650(50% of Rs.9300) + Rs.2700 (50% of GP of Rs.5400), will be eligible for revised minimum pension of Rs.7,440 (50% of Rs.14,880 which is a minimum revised pay in the pay band against the pre-revised scale S-15 as per fitment table of O.M. dated 30.08.2008)+Rs.2700 (50% of GP of Rs.5400).
For illustration we have provided here a portion of said fitment table.
We feel that if government is ready to implement this CAT decision dated 01.11.2011 in O.A No: 0655/2010, Pre-2006 Pensioners will be benefited to some extent if not at par with Post-2006 Pensioners.
However, Hon'ble CAT has not considered favourably the plea of applicants to the effect that pre-2006 pensioners are to be treated at par with Post-2006 pensioners as far as revision of pension is concerned.
CAT has also rightly pointed out the actual intention of the Government with regard to fixation of revised pension for the employees retired before 2006, has been given a go-by because of non-application of mind by lower functionaries such as Under Secretary etc., while preparing note for implementation of Government Decision.
"Para.16: ….. The use of words "sum of", and "thereon" leaves no doubt that both the minimum of the pay in the pay band and the grade pay have to correspond to the pre-revised pay scale. Second, without bringing out merits or demerits of either formulation, the lower functionary in DOP & PW incorporates in the clarification against item 4.2 in the OM dated 1.9.2008, the first option about minimum of pay in the pay band (irrespective of the pre-revised scale of pay). What is worse is that there is no application of mind even at the level of Director and Secretary who merely sign the note and the clarification is issued after obtaining finance concurrence and approval of MOS (PP), without going back to the Cabinet for such a modification"

Tuesday 26 July 2011

What is LTC 80?

Central Government Employees drawing grade pay of Rs.5400 and above can travel by air for the tours performed on official duty and while proceeding on LTC. In addition to this eligibility, all Central Government employees can either fully travel by air or for partial distance depending on the classification of their post as "A", "B" or "C", while proceeding on LTC to North East Region and Jammu & Kashmir.
However, the air fare that is reimbursed by the Government for LTC will be restricted to LTC 80 fare relating to flights opertaed by Air India.

What is LTC 80?

LTC 80 is a scheme offered by Air India for booking air tickets when central government officers avail LTC. Prior to July 2009, tariff under LTC 80 was not very significant as officers were allowed to travel in private airlines while claiming LTC. In such cases rates under LTC 80 were reimbursed to officers irrespective the amount spent by them for traveling in private airlines.
However, after July 2009, except for travel to NER and J&K availing LTC, travel by private airlines while proceeding on LTC is not allowed and further officers are allowed to claim only the amount not exceeding the LTC 80 rates, when they traveled by Air India in the categories other than LTC 80.

Feature of LTC 80:

  • This is a special category for Government Employees who travel in Economy Class
  • You can not avail child & Infant Fare or any other discount under this scheme.
  • Tickets booked under LTC Scheme are refundable. However you will have to pay refund Fee of Rs. 150 per ticket, cancelled at least 1hour prior to the departure. But if you get the Ticket cancelled less than 1hour prior to the departure, it will be treated as no-show.
  • You can re-book and change your reservation by paying just Rs.150 per ticket at least 1hour prior to departure.
  • After commencement of the journey you cannot Re-Route your booking.
  • For verification you are required to carry the Employee Identity Card while traveling. You are also required to present your Employee identity card at the time of issuance of the tickets for necessary endorsement on the tickets.
  • Your ticket will be Non-endorsable and valid to travel on Air India only.
  • If you are an Employee of the State, Central Government, Public Sector Undertakings or employee of the educational institutions recognized/aided by Centre, State Government and or affiliated to any of the University/ Educational Boards then you and your family members traveling on leave and availing LTC facility are eligible for availing this scheme.
  • Under this scheme your booking should be on confirmed basis.
  • You can purchase your ticket under this scheme from Air India booking offices and approved travel agents.

Fares under LTC Scheme

S.NO SECTOR & V.V LTCW LTCV DLTC  
Airline Fuel
Charge
(For Travel in Economy
Class
(for travel in
Executive Class
Base Fare Base Fare Base Fare
1
Agartala Guwahati
2001
5333
3050
2
Agartala Kolkata 1851
5567
3050
3
Agartala Silchar 1751 3050
4
Agatti Bangalore
8040
3050
5
Agatti Chennai 6846 4500
6
Agatti Kochi
7690
3050
7
Ahmedabad Chennai 3451
18426
4500
8
Ahmedabad Delhi 2501
11236
3050
9
Ahmedabad Hyderabad 2801
13316
4500
10
Ahmedabad Mumbai 1601
7462
3050
11
Aizwal Guwahati
2501
3050
12
Aizwal Imphal 2031
4465
3050
13
Aizwal Kolkata 2051
7732
3050
14
Allahabad Delhi 3491 3050
15
Amritsar Delhi 1716
7695
3050
16
Aurangabad Delhi 4151
14441
4500
17
Aurangabad Mumbai 1701
5885
3050
18
Bagdogra Delhi
6031
14871
4500
19
Bagdogra Guwahati
1851
5384
3050
20
Bagdogra Kolkata
2761
7100
3050
21
Bangalore Chennai
2201
5918
3050
22
Bangalore Delhi
5811
21259
4500
23
Bangalore Goa
2551
8173
3050
24
Bangalore Hyderabad
2251
9301
3050
25
Bangalore Kochi
2251
6494
3050
26
Bangalore Kolkata
5554
22007
4500
27
Bangalore Mumbai
3151
9969
4500
28
Bangalore Pune
2351
10947
3050
29
Bangalore Trivandrum
2251
8958
3050
30
Bhopal Delhi 2801
9331
3050
31
Bhopal Indore 1646
4669
3050
32
Bhopal Mumbai 2601
9940
3050
33
Bhubanesh wChennai 4791
15437
4500
34
Bhubanesh wDelhi 4401
19784
4500
35
Bhubanesh wMumbai 4901
21306
4500
36
Chandigarh Delhi 1901
5929
3050
37
Chandigarh Mumbai 4401
18331
4500
38
Chennai Delhi 6546
21766
4500
39
Chennai Goa
3861
10699
3050
40
Chennai Hyderabad 1701
9188
3050
41
Chennai Kochi
2801
9327
3050
42
Chennai Kolkata 4966
18780
4500
43
Chennai Madurai 1601
7195
3050
44
Chennai Mumbai 4971
11886
4500
45
Chennai Portblair
5811
17364
4500
46
Chennai Trivandrum
2951
9331
3050
47
Chennai Vishakhapat 2051
9455
3050
48
Coimbatore Delhi 7151
24598
4500
49
Coimbatore Kozhikode 2001
3626
3050
50
Coimbatore Mumbai 4201
13331
4500
51
Dehradun Delhi 2551
7311
3050
52
Delhi Chennai 6546
21766
4500
53
Delhi Gay 3001
15256
4500
54
Delhi Goa
5921
18912
4500
55
Guwahati Delhi
6211
19908
4500
56
Delhi Gwalior 2651
6294
3050
57
Delhi Hyderabad 4804
17857
4500
58
Delhi Imphal 6181
21277
4500
59
Delhi Indore 2401
10641
3050
60
Delhi Jabalpur 3351 3050
61
Delhi Jammu 1851
8619
3050
62
Delhi Jodhpur 2926
8528
3050
63
Delhi Kanpur 3051 3050
64
Delhi Khajuraho 3201
9739
3050
65
Delhi Kochi
7151
28825
4500
66
Delhi Kolkata 5261
16769
4500
67
Delhi Kozhikode 7151
24598
4500
68
Delhi Kullu 3051 3050
69
Delhi Leh
2551
9539
3050
70
Delhi Lucknow 1871
7750
3050
71
Delhi Ludhiana 1400 3050
72
Delhi Mumbai 4216
14623
4500
73
Delhi Nagpur 3476
11506
4500
74
Delhi Pathankot 2651 3050
75
Delhi Patna 3476
10984
4500
76
Delhi Pune 4001
17459
4500
77
Delhi Raipur 3751
14758
4500
78
Delhi Ranchi 5311
14656
4500
79
Delhi Srinagar
3551
8991
3050
80
Delhi Surat 5201
14375
4500
81
Delhi Tirupati 6116
17178
4500
82
Delhi Trivandrum
9256
28825
4500
83
Delhi Udaipur 3136
8524
3050
84
Delhi Vadodra 3051
12991
4500
85
Delhi Varanasi 2596
9739
3050
86
Delhi Vishakhapat 6231
21868
4500
87
Dibrugarh Dimapur 600
2534
3050
88
Dibrugarh Guwahati
2351
3050
89
Dibrugarh Kolkata 2501
10068
4500
90
Dibrugarh Lilabari 1601 3050
91
Dimapur Guwahati
2051
3050
92
Dimapur Imphal 1751 3050
93
Dimapur Kolkata 3051
9933
3050
94
Gaya Kolkata 1301
7750
3050
95
Gaya Varanasi 2401
6801
3050
96
Goa Mumbai
2871
6739
3050
97
Guwahati Imphal
2308
6268
3050
98
Guwahati Kolkata
2696
7425
3050
99
Guwahati Lilabari
2501
3050
100
Guwahati Silchar
2001
3050
101
Guwahati Tezpur
1451
3050
102
Gwalior Mumbai 4801
13331
4500
103
Hyderabad Mumbai 1701
9696
3050
104
Hyderabad Pune 1551
8820
3050
105
Hyderabad Tirupati 1701
6724
3050
106
Hyderabad Vishakhapat 2301
8820
3050
107
Imphal Kolkata 1601
8250
3050
108
imphal Silchar 1751 3050
109
Indore Mumbai 1701
7600
3050
110
Jaipur Mumbai 2816
11889
4500
111
Jammu Leh
2240
5965
3050
112
Jammu Srinagar
1953
4115
3050
113
Jamnagar Mumbai 3281
8290
3050
114
Jodhpur Mumbai 3696
11780
4500
115
Jodhpur Udaipur 1701
5261
3050
116
Jorhat Kolkata 2026 3050
117
Jorhat Tezpur 1201 3050
118
Kanpur Allahabad 2301 3050
119
Kanpur Kolkata 3501 4500
120
Khajuraho Varanasi 2486
6188
3050
121
Kochi Kozhikode
2251
4075
3050
122
Kochi Mumbai
5051
14488
4500
123
Kochi Trivandrum
2151
4932
3050
124
Kolkata Mumbai 4601
16565
4500
125
Kolkata Portblair
7571
18941
4500
126
Kolkata Shillong 2831 3050
127
Kolkata Silchar 2051
7710
3050
128
Kolkata Tezpur 3151 3050
129
Kolkata Vishakhapat 2501 4500
130
Kozhikode Mumbai 3001
11889
4500
131
Kullu Pathankot 1551 3050
132
Leh Srinagar
1953
5286
3050
133
Lilabari Tezpur 1201 3050
134
Lucknow Mumbai 5201
17386
4500
135
Lucknow Varanasi 2151
5472
3050
136
Ludhiana Pathankot 1601 3050
137
Madurai Mumbai 4751
16682
4500
138
Mangalore Mumbai 1801
10312
3050
139
Mumbai Nagpur 2201
9834
3050
140
Mumbai Raipur 3301
13718
4500
141
Mumbai Rajkot 2101
7900
3050
142
Mumbai Ranchi 6251
16948
4500
143
Mumbai Trivandrum
6526
16448
4500
144
Mumbai Udaipur 1936
9809
3050
145
Mumbai Varanasi 6196
17386
4500
146
Mumbai Vishakhapat 5101
17288
4500
147
Raipur Nagpur 1701
6294
3050
148
Raipur Bhubanesh w     2731
8506
3050
149
Shillong Jorhat 1901 3050
150
Silchar Tezpur 1451 3050
Source: Air India website

General LTC:

  • Travel by Air India only
  • In economy class only irrespective of entitlement
  • LTC-80 ticket of Air India only to be purchased
  • Air tickets may be purchased directly from Airlines or by utilising the services of authorised travel Agents

LTC for J&K:

  • Relaxation to travel by private airlines to visit J&K while availing LTC is available to all the categories of Government Employees including those entitled to travel by air. (DOPT OMs 31011/2/2003-Estt (A-IV) dated 18.06.2010 and 5.08.2010
  • Air tickets may be purchased directly from Airlines at booking counters or through website of Airlines or by utilising the services of authorised travel Agents

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