The Confederation of CG Employees, as also Staff Side, JCM National council, has demanded that the officials who were appointed after 01-01-2004, but recruited before the date should be made eligible for pension as per CCS (Pension ) Rules 1972 and not as per NPS. This is a good development.
In the same way, it is necessary that those who were recruited before 01-10-2000, but appointed after 01-10-2000 in BSNL as also all the casual labour regularised after 01-10-2000 should be eligible for pension as per CCS(Pension) Rules 1972. The case was taken earlier, but the govt. did not agree. Now after the court judgment, the demand has got full justification and legal approval.
The letter from the Staff Side, National council, JCM is reproduced below:
No.NC-JCM-2019/Pension/NPS April , 2019
Government of India
Department of Pension and Pensioners welfare
3rd Floor, Lok Nayak Bhawan.
Khan Market, New Delhi.
Judgment in WP (C)3834/2013 & in WP(C)
2810/2016 dtd. 27/03/2017.
CRPF Lt. No.PAO/CRPF/MHA/NPS/DA-9(1)/
2018-19/797, dtd. 15th March 2019.
Sir,Lt. Dtd. 15th March 2019.
of Delhi, dtd. 12th Feb. 2015 and
27 March 2017.
Sub: Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01/01/2004.
Ref: 1) Judgment of the Hon’ble High Court of Delhi
2) Min. of Home Affairs (Pay & Accounts Office)
* * *
You are aware that the Staff Side of National Council(JCM) is representing in various forums to withdraw the National Pension System and to restore the old Pension Scheme under CCS(Pension) Rules 1972, to the Defence Civilian Employees recruited on or after 01/01/2004, since the NPS is determental to the employees as there is no defined guarantee for Pension during the old age. This was one of the important demand, for which the NJCA has served Strike notice on the Govt. For observing In-definite Strike. However due to the assurance given by the Group of Ministers, the proposed In-Definite Strike was deferred.
Sir, at present based on the Judgment of the Hon’ble High Court of Delhi in the above referred cases, the Ministry of Home Affairs have decided to extend the benefits of the old pension scheme under CCS(Pension) Rules 1972, to the Para-Military forces who were selected during the year 2003, but joined service on or after 01/01/2004. In this regard your kind attention is drawn to the letter of Ministry of Home Affairs, dtd. 15th March 2019 referred at (2) above (copy enclosed for ready reference). The Ministry of Home Affairs have decided to transfer the NPS contribution of the concerned employees to the GPF Scheme and also to bring the employees who were selected during 2003 on the basis of notification issued during 2002/2003 and joined service on or after 2004, under the coverage of CCS(Pension) Rules 1972.
A large number of Central Govt. Employees in various Departments Like Railways, Defence, Postal and other Departments are similarly placed. These employees were selected for appointment during the year 2003, based on the employment notification issued during 2002/2003 however due to delay in receiving the Attestation Forms(Police Verification Report), Medical fitness etc., they were forced to join service on or after 01/01/2004. Due to no mistake of theirs’ they were brought under the coverage of NPS, thereby denying them the benefit of GPF and Defined Guaranteed Pension under the CCS(Pension) Rules 1972. These employees also have now started representing for extending the benefit given to the Home Ministry Staff for them, and their demand is fully justified and is covered under the Judgment of Hon’ble High Court of Delhi.
Sir, in view of the above, it is requested that you may kindly look into the matter and arrange to issue instructions for extending the benefit given to the Para-Military forces in the Home Ministry to the similarly placed Central Govt. Employees by extending them the benefit of Old Pension Scheme under CCS(Pension) Rules 1972. A copy of your instruction may please be endorsed to this office.
Encl: 1) Copy of Ministry of Home Affairs Lt. Dtd. 15th March 2019.
2) Copy of the Judgment