Monday, December 29, 2008

6CPC : Justice denied

I have here, an article by Sri. R. Sundaram, appeared in the Hindu-Business Line, sometime back. This is taken from their site :
http://www.thehindubusinessline.com/2007/02/17/stories/2007021700370800.htm

"
Les Miserables

Among the middle-class senior citizens there are three kinds of retirees. Those who retired from government service or organisations with similar terminal benefits, those who retired with provident funds to which the employers also contributed, and those without either of these advantages. The latter two quite often envy, mostly without malice, the good fortune of government pensioners, as these worthies enjoy a steadily rising compensation long after they have stopped working.
They wonder aloud how former government servants sometimes get pensions far higher than their emoluments at retirement. The envious can relax now. The good days seem to be over for previous generations of government employees. Recent decisions from the highest in the government and judicial forums have succeeded in eroding the confidence of senior government pensioners.
Now they may feel wretched at not having had the foresight to build a sizeable nest-egg by hook or by crook, needing to depend, instead, on the steady income from guaranteed parity of pension with juniors, particularly after the judgment in D.S. Nakara vs Union of India.
This landmark judgement established unmistakably the principle of equality under Article 14 of the Constitution between those who retired before and on, or after the effective date of implementation of the Pay Commission's recommendations.
It may be recalled that the Supreme Court observed in the Nakara case that "pension is neither a bounty, nor a matter of grace depending upon the sweet will of the employer, nor an ex-gratia payment. It is a payment for the past services rendered. It is a social welfare measure rendering socio-economic justice to those who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age they would not be left in the lurch."
However, in a 2005 judgment on equal treatment in the matter of Death-Cum-Retirement Gratuity for those who retired before and after January 1, 1996, the same court observed that: "We are afraid that the refrain of D. S. Nakara (supra) has been played too often to retain its initial charm, which has been worn thin by subsequent dicta".
The unexceptionable principal of the Nakara case was that there should not be two classes of pensioners who retired from the same post by drawing a cut-off line and granting the revised higher benefits to those who retired on or after the cut-off date. It appears that the judiciary, nudged by the establishment, has during the last few years been able to chip away at the security edifice built carefully during the 1980s.
In a recent judgment relating to the case of those who retired from important field posts in the Railways, this principle has been negated by contending that the principle established in the Nakara case need "not be interpreted to mean that emoluments of persons who retired before a notified date holding the same status must be treated to be the same". Not only is a `class within a class' thus sought to be created, the pre-1996 retirees, who are all above 70, are left with a sense of great hurt and deprivation, if not betrayal.
Perversely though, retirees in their sixties today may be having a good night's rest now, but they too will join the ranks of Les Miserables with the implementation of the Sixth Pay Commission, which is now a work in progress.

R. Sundaram

"
I am sure, even after 6CPC implementation, the discrimination is not resolved. The gap widens in more than one dimensions. Not alone in financial terms, but also in social terms. Creating classes (by discriminatory practices by the authorities) is certainly not justifiable.
The discrimination is not alone in pension, but also in the retirement benefits. I had pointed out in my earlier posts that, a person retiring on 1 Jan 2006 gets much higher retirement benefits than his colleague (on equal position and pay) who retires on 31 Dec 2005. This is certainly not justice. Both of them burnt their life in service equally.

Care Homes - LIC Housing Finance

Today's Economic Times carries an article on "LIC Housing Finance to launch CARE HOMES for aged".
Let me give an abstract of the article, for you.

"LIC Housing Finance has come out with a novel scheme pan-India of providing community dwelling units to benefit the aged, as a part of its social responsibility initiative.
They would build 90-100 dwelling units on a 5-7 acre complex called "Care Homes". This would house a gym, walking track, a library, a community centre, kitchen, and medical facilities. The care homes with independent dwelling units and centres for recreation and interaction, would provide community living to the aged. Here, individuals can live in a congenial environment with like-minded people of their age-group. It's an investment which gives one a security post-retirement. There would be a monthly charge for the services/ facilities offered, in addition to a monthly fixed charge for the facilities provided.
each dwelling unit would cost around Rs. 7-8 lakhs. Minimum age for taking a care home is 50 years.
The first one of this kind had already been realised in Bangalore. Plans are on to open more at Jaipur and Bhuvaneswar, for which land is already acquired. Plans are also on for care homes at other places too.
"

A ray of hope for the needy !

You may visit http://www.lichousing.com/ for more details.

Friday, December 19, 2008

BSNL Broadband : Discount for retired employees

Good news ! BSNL does it !!

BSNL has announced a 20% discount on usage and rental charges on BSNL Broadband connections. This is offered to the serving and retired employees (State and Central Government, and PSUs ).
For the retired persons, he/she has to furnish an attested copy of the pension pay order, along with the application for the connection.

I am sure, all senior citizens would take advantage of this offer.
Go over the web, you'll get a whole new life there ! BSNL helps you gain another new life !!

6CPC : Discreminatory treatment by Government

Today, I've here a short text which I (on my personal behalf ) continue to communicate to the media, and individuals. If you have any comments, kindly communicate to me at : iscf.tvm@gmail.com

.............................................................................

6CPC and pre-2006 retirees

The Sixth Central Pay Commission has been very cruel to the pre-2006 retirees, while being very generous to the Central Government Employees and retirees (post 2005).

The retirement benefits (pension commutation, leave salary, and gratuity) given to a retiring employee is meant to build a ‘retired life’ for him and his family. The pension provides for the maintenance of his and his family’s for the rest of the life. These benefits are awarded for spending all the retiree’s life serving the Government and society. In fact, this is a contractual obligation on the part of the society and government, as a return for his service during his lifetime.

The 6CPC, has certainly looked at this and have accordingly raised the terminal benefits and pension, of all categories of retirees. However, the treatment has not been fair, equal, and or logical. Unfortunately, the 6CPC and the Government made a huge division among the employees, on the basis of a ‘date’. The date is only an administrative (technical) one only. It’s no way justifiable. This is injustice.

I have retired in the month of December 2005, after spending 33 years of my life, serving the Nation. The 6CPC and now the Government treats me bad, as far as the retirement benefits and pension are concerned.

The 6CPC guidelines specify that I am not qualified for the revised retirement benefits as announced by them, on the reason that I retired in pre-2006. I am eligible only for a small increase in my monthly pension, on the principle of ‘one rank one pension’.

The injustice in treating the pre-2006 retirees would be evident from the following example.

The retirement benefits of two persons of the same position, service and pay ( one retired in Dec 2005 and the other on Jan 2006) are different to a very great an uncomparable extend. My colleague who retired in Jan 2006 got 10 Lakhs as his gratuity, while I got (retired in Dec 2006) a mere 3.5 Lakhs. The difference is too large for all other elements (the pension, pension commutation, and leave salary payment). This is certainly injustice. This should be almost equal ( atleast comparable) in the amount of terminal benefits and subsequent monthly pension. That’s natural justice, I believe.

Had I retired on the next day, 1 January 2006, things would have been very different. I would have got the new terms of retirement, which is far higher than those applicable for 31 December 2005. A day makes so much of difference. The difference is so large that I feel very miserable, when I think of this ONE DAY. This day, 31 December 2005, is so dreaded for me now ! Everyone who retired around that period – in 2005 - feel so bad, just over a few day’s or week’s difference.

6CPC and the Government has not looked at the implementation in this angle. This is very cruel and injustice. The Government should take immediate steps to normalize this huge disparity caused by that milestone day. Please remember that this day is only just a technical one and nothing (cost of living or anything else ) have changed on this day. The improved retirement benefits and pension should be applicable to all those retired earlier too (pre 2006). The applicability of the benefits may be made in a reasonable and justifiable formula. A tapering formula (eg. 10% less for every year preceding 2006 ) may be reasonable. eg. For persons retired in 2005, the benefits may be 90% of what a person retiring on Jan 2006 gets. This would bring in justice to those unfortunate pre-2006 pensioners.

I request ALL to project this issue to the public and the Governmrnt, for settlement of this injustice, and do a normalization of terminal benefits and pension among all employees and pensioners. When “One rank one Pension” is the right norm, similar should be the treatment on all other benefits too. The technicality of ‘the day’ should not be a block for implementing justice to all employees. Normalisation of all kinds of benefits, in a reasonable and justifiable format, should be immediately taken up by the Government.

.



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