No. RPS/MAS/659
24.3.2014
SriARUNENDRA KUMAR Chairman
Railway Board
NEW Delhi - 110
001
Respected CRB,
Sub: INCORRECT INSTRUCTIONS ISSUED BY INCOMPETENT AUTHORITY
Ref.: RB letters No. F(E)III/2008/PN1/12 of 2.2.2010 & 18.3.2010
1. We respectfully submit
that Executive instructions issued by Finance
Directorate (FD), vide letters
cited above, with the
approval of then EDF(E),
overrides statutory Rules. We do not think a EDF(E) , (SAG) is competent and vested with powers to issue
amendments to Railway Services
(Revised Pay) Rules 1997, issued
under
the Authority of President of India. Then. EDF(E) has erroneously understood C.Riy.letter of 19.1.2010, as seeking clarification from RB, when it is otherwise.
2. As a consequence, these Railway Pensioners getting
approx. Rs.3000 less pension every month, as compared to similarly
situated
pensioners in other Central Ministries.
The
irony is a Railway Pensioner
A getting more pension than 8 in V PC but, getting less pension than B in VI PC. This injustice needs to be set right.
3. It is a pity, FD is unable to stand on own legs and unable to justify
the decision taken in 2010 and using DOP&PW
as a crutch, in the last 4
years.
On the other hand, DOP&PW repeatedly and categorically stating. being a Nodal Ministry, issue policy instructions on pension matters and it is for the concerned Administrative Ministry to implement the same correctly.
4. FINANCE DIRECTORATE has totally ignored the following facts/Rules:-
a. V PC merged scale Rs.1400-2300 with Rs. 1600-2660, leading to emergence of
Rs. 5000-8000, as the corresponding scale for these pensioners.
b. Scale Rs.4500-7000 is the corresponding scale for general category posts and
Rs.5000-8000 is the corresponding scale for specified
category posts.
c. VI PC Concordance table issued by DOP & PW is not applicable
to these pre 2006 pensioners
" Sri Rajendra Kashyap FC/RB for kind information please.
d. Benefit of Scale Rs.5000-8000/PB2 is applicable to employees in service for pay fixation and to Pensioners for Pension fixation, as per OM of 28.1.2013. Pensioners do not demand pay fixation
in that scale, on par with employees.
e. Pension is based
on last pay drawn/average emoluments. Date of Retirement has no relevance at all. Dividing
a homogeneous class of pre 2006 pensioners into two classes, as pre and post 1.1.1996, based on date of retirement and adopting different pay scales for stepping up of pension,
is against Article
14 of the Constitution of India.
f. Modified parity between pre and post 1.1.1996 pensioners, enunciated by V PC
and confirmed by VI PC in para 5.1.47, can not be withdrawn by FD.
g. Reduction of pension and recovery of over payment is against Rule 90
of
Railway Services (Pension)
Rules 1993, when no clerical error is involved.
5. Hon' SUPREME COURT JUDGMENTS:
a. Judgment in KS Krishnasamy case is not applicable to these pensioners, since no up-gradation of post/scale took place, after
implementation of V PC.
b. Famous Constitution Bench
in D.S. Nakara's case has ruled "Revised pay scales introduced from a certain date is applicable to those retired prior to that
date
also." Needless to say, this is the law of the land even to-day.
c. Benefit of scale Rs.5000-8000/PB2, extended
to a group of 34 pensioners
retired from JUDW/N.Riy. based on Court orders, is to be extended to all similarly placed
pensioners also, as per para 126.5 of V PC Report, since this is a Judgment in rem and not in personum.
6. We request CRB to kindly consider
the above points
in depth and order immediate withdrawal of above cited !.etters and restore
status quo ante, as existed in V PC.
Thanking you and awaiting a line in Reply please
Yours faithfully,
(K. rinivasan)
Genl. Secy.
Copy to:- Sri A.K.Mittal, Member Staff/RB
for kind information please
" Sri Rajendra Kashyap FC/RB for kind information please.