Revised Dearness Relief to Railway Pensioners from July 2018

Revised Dearness Relief to Railway pensioners from July 2018

Grant of Dearness Relief to Railway pensioners/family pensioners — Revised rate effective from 01.07.2018

GOVERNMENT OF INDIA

 (BHARAT SARKAR) 

Ministry of Railways 

(Rail Mantralaya) 

(Railway Board)

PC-VII No. : 120

 RBE No.: 147/2018

File No. PC-VII/2016/1/7/2/3

New Delhi, dated: 08.10.2018

The General Manager/CAOs(R), 

All Zonal Railways & Production Units, 

(As per mailing list)

Sub: – Grant of Dearness Relief to Railway pensioners/family pensioners — Revised rate effective from 01.07.2018.

A copy of Office Memorandum No. 42/06/2018-P&PW(G) dated 18.09.2018 of Ministry of Personnel, Public Grievances & Pensions (Department of Pensions and Pensioners’ Welfare) on the above subject is enclosed herewith for information and compliance. This order shall apply mutatis mutandis on Railways also.

Check Calculator: Dearness Relief Amount Calculator

2. This issues with the concurrence of Finance Directorate of the Ministry of Railways.

3. Hindi version is attached below.

sd/- 

(Jaya Kumar G) 

Deputy Director, 

Pay Commission-VII 

Railway Board

Source: http://www.indianrailways.gov.in

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Fixing of Minimum of Revised pension of Pre-2006 Pensioners – RSCWS

Fixing of Minimum of Revised pension of Pre-2006 Pensioners – RSCWS

Revision of Pension of Pre 2006 Pensioners – Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

No.RSCWS/HO/CHD/ Memo/2018-5

Dated: 21/05/2018

Hon. Minister of Finance, Govt. of India, 

North Block, New Delhi-110001

Subject: Revision of Pension of Pre 2006 Pensioners – Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

Reference:- i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08, ii) Para 5 of DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 11-2-2009 – (which has been quashed by various Courts but not withdrawn by the DOP&PW) iii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 30-7-2015

Dear Sir,

 We seek your benign intervention in the following matter of serious injustice with a section of Pre-2006 Central Government Pensioners:

1. Sixth Pay Commission had Merged and upgraded some posts keeping in view their duties & responsibilities. The recommendations of the Sixth CPC were accepted by the Government vide Resolution of the Government Notified on 29-8-2008 and orders were issued thereon vide DOPT & DOPPW vide OMs dated 1-9-2008.

2. DOP&PW subsequently modified these orders vide O.M. File No. 38/37/08-P&PW (A) dated 11-2-2009 and ordered that the benefit of upgrading of posts by Sixth Pay Commission shall not be given for the fixation of Revised Pension of Pre-2006 Pensioners.

3. Above cited orders of DOP&PW (dated 11-2-2009) had been quashed by the various Courts including the Apex Court, which inter-alia directed that “The fixation (of Pension) … will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired.” DOP&PW issued the orders thereon vide OM dated 1-9-2008.

4. DOP&PW vide OM No.38/37/08-P&PW(A) Dated 30th July, 2015, in compliance with the judicial pronouncements, had decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006.

5. Para 5 of DOPPW OM dated 11-2-2009 had specifically been quashed by various Courts –including the High Court of New Delhi in WP(C) 3035/2016 dated 3-8-2016 in Ram Phal-vs-Union of India & Ors and CAT Bangalore in CP 237/2015 in OA 231/2013 (Parthasarthy-Vs-Union of India).

6. High Court of Kerala at Ernakulam had held as under in OP (CAT).No. 169 of 2015 (Z) in its judgment dated 18th January, 2016 UNION OF INDIA vs N.R.PURUSHOTHAMAN PILLAI: “The resultant position that emerges from the pronouncement of the Central Administrative Tribunal as well as the different High Courts and the Apex Court is that, computation of pension in the matter of implementation of the 6th Pay Commission Report has to be at 50% of the pay scale with respect to the scale of pay applicable to the post in question and not to the corresponding scale of pay to the one at which the incumbent has retired.”

7. Regrettably the benefit of upgrading of posts was still not given to the Pre-2006 Pensioners in spite of the above cited judgments of various Courts. The benefit of the Court judgments on this had been restricted only to the Petitioners and not to other similarly placed Pre-2006 Pensioners.

8. This is totally discriminatory and violates Article 14 of the Constitution as well as under the settled law that the decisions taken in one specific case either by the Judiciary or the Govt. should be applied to all other similar cases without forcing the other employees or pensioners to approach the court of law for an identical remedy or relief.

9. Delhi High Court in W.P.(C) 8012/2013 had held that “policy decision of the Government in the OM dated September 01, 2008 to fix pension for all categories of pensioners did not classify post of pre January 01, 2006 retirees and all were entitled to pension as per a common formula”

10. It is, therefore, requested that Pre-2006 Pensioners be given the benefit of upgraded Pay Band and Grade Pay of the post from which they retired so that minimum pension be not lower than 50% of the pay in the revised pay band plus the grade pay corresponding to the post from which the pensioner retired – as per DOPPW OM dated 30-7-2015.

Yours faithfully, 

(Harchandan Singh) 

Secretary General, RSCWS

Source: www.rscws.com

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Revision of provisional pension sanctions under Rule 10 of Railway Services (Pension) Rules, 1993.

RBE No. 33/2013

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. F(E)III/2008/PN1/12

New Delhi, Dated: 10.04.2013.

The GMs/FA&CAOs,
All Indian Railways/Production Units.
(As per mailing list)

Subject:- Revision of provisional pension sanctions under Rule 10 of Railway Services (Pension) Rules, 1993.

   A copy of Department of Pension and Pensioners’ Welfare (DOP&PW)’s O.M. No. 38/6/2010-P&PW(A)(Pt.) dated 18th March,2013 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also.

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Eligibility of disabled children for family pension after marriage & Eligibility of two family pensions - clarification

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

RBE No. 12/2013

No. F(E)III/2005/PN1/32

New Delhi, Dated:11.02.2013.

The GMs/FA&CAOs,
All Indian Railways/Production Units.
(As per mailing list)

Subject: (I) Eligibility of disabled children for family pension after marriage and
            (II) Eligibility of two family pensions —Clarification regarding

   A copy of Department of pension and Pensioners’ Welfare(DOP&PW)s O.M. No. 1/33/2012-P&PW(E) dated 16.01.2013 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. Sub-rules 6, 13-A and 13-B of Rule 54 of the CCS(Pension) Rules, 1972 referred to therein correspond to sub-rules 6, 17 and 18 of Rule 75 of the Railway Services(Pension) Rules, 1993 respectively.

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Latest Railway Board Order: Revision of pension of pre-2006 pensioners-reg.

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

RBE No. 11/2013

No. F(E)III/2008/PN1/12

New Delhi, Dated: 11.02.2013.

The GMS/FA&CAOS,
All Indian Railways/production Units.
(As per mailing list)

Subject: Revision of pension of pre-2006 pensioners-reg.

   A copy of Department of Pension and Pensioners’ Welfare(DOP&PW)’s O.M. No. 38/37/08-P&PW(A) dated 28.01.2013 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. Rules 49 and 54(3)(a) of the CCS(Pension) Rules, 1972 referred to therein correspond to Rules 69 and 75(4)(i) of the Railway Services (Pension) Rules, 1993 respectively. The Ministry of Finance, Department of Expenditure’s O. M. No.1/1/2008-IC dated 30.08.2008 mentioned in DOP&PW’s O.M. dated 28.01.2013 has been adopted on Railways vide Railway Board’s letter No.PC-VI/2008/I/RSRP/1 dated 11.09.2008.

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Clarification regarding payment of family pension to physically handicapped/mentally disabled children.

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

RBE No. 120/2012

No.F(E)III/2005/PN1/32

New Delhi, dated: 25.10.2012

The GMs/FA&CAOs,
All Indian Railways/Production Units.
(As per mailing list)

Subject: - Clarification regarding payment of family pension to physically handicapped/mentally disabled children.

   A reference has been received from one of the Zonal Railways seeking clarification on certain issues relating to grant of family pension to a son/daughter of a deceased Railway servent suffering from any disorder/disability of mind/mentally retarded or physically crippled/disabled and is rendered incapable of earning a living even after in the age of 25 years of age, in terms of provisions contained in Rule 75(6) of the Railway Services (Pension) Rules, 1993. The matter has been examined consultation with the Department of Pension & Pensioners’ Welfare (DOP&PW), and the issues raised are clarified as under :-

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Fixation of enhanced family pension - pre-2006 pensioners/family pensioners - clarification regarding.

RBE No.78/2012.

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. F(E)III/2008/PN1/12 .
                                                                                                                                 New Delhi, Dated: 29.06.2012.

The GMs/FA&CAOs,
All Indian Railways/Production Units.
(As per mailing list)

Subject:- Fixation of enhanced family pension - pre-2006 pensioners/family pensioners - clarification regarding.

   A copy of Department of Pension and Pensioners’ Welfare (DOP&PW)’s O.M. No. 1/3/2011-P&PW(E) dated 25.05.2012 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. Sub-Rule 3(a) of Rule 54 of the CCS(Pension) Rules, 1972 mentioned in the above O.M. corresponds to Rule 75(4)(i) of the Railway Services (Pension) Rules, 1993.

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Fixed Medical Allowance (FMA) to Railway Pensioners/Family Pensioners

Fixed Medical Allowance (FMA) to Railway Pensioners/Family Pensioners

Railway Pensioners/Family Pensioners, are you getting the FMA ( Fixed Medical Allowance? )

If you are not getting the FMA then - please read below the orders carefully & Apply to your PDA / Bank with above Undertaking to pay you the FMA forthwith From the date you are residing beyond 2.5 KM from Railway Hospital / Health Unit

Important old Orders for Ready Reference

FMA (Fixed Medical Allowance) to Pensioners/Family Pensioners - Residing 2.5 KMs from Railway Hospital – Admissibility & Form of undertaking Copy of RB No. PC-V/9/1/7/1 RBE No 45-2004 Dated 1-3-2004

Sub: Implementation of Government's decision on the recommendations of the 5th Central pay Commission - grant of Fixed Medical Allowance @ Rs.100 p.m. to the Railway pensioners/family pensioners

1. In compliance with the Judgement dated 12-11-2002 of High Court of Kerala in OP No.17380/2002 arising out of O.A. No 430/2000 in CAT/ Ernakulam, sanction of the President is hereby to the Grant of Fixed Medical Allowance @ Rs.100/- p.m. pensioners/family pensioners residing beyond 2.5 KMs from a Railway Hospital/Health Unit subject to furnishing of an undertaking as per the attached Proforma.

2.All the Pension Disbursing authorities are required to obtain the above undertaking of the concerned Pensioners / Family Pensioner to the effect that he/she resides beyond 2.5 KMs from the nearest Railway Hospital/ Health Unit before payment of Medical Allowance is made. An entry to this effect should be made in both halves of their PPOs.

3. Other terms & conditions for grant of Medical Allowance as specified in Board’s letter of even No.dated 21-4-99 will remain in force.

4. This issues with the concurrence of the Finance Directorate of the Railway Board.

5. These instructions are subject to the final outcome of the SLP (c) No 21320/2003 pending in the Hon’ble Supreme Court.


UNDERTAKING (for FMA)

(To be submitted by pensioner/family pensioner to his/her Pension Disbursing Authority/Bank)

I,-------------------------a retired employee/Family Pensioner whose spouse was an employee of (Office address) -------------------------------------------------------------------------declare that I am residing at (residential address indicated in the PPO)--------------------------------------------------------------------------,which is beyond 2.5 KMs from the nearest Railway Hospital / Health Unit (name of the Hospital / Health Unit) ---------------------------------------------------------------------

Signature ------------------------------------
Name -----------------------------------------
PPO No ---------------------------------------
Place ----------------------------------------
Date -----------------------------------------


FMA to Railway Pensioners / Family Pensioners residing in Lockup Dispensary Areas

Copy of RB SL No. PC-VI231 PC-W981J/7/1/1 RBE No. 271-1999 dated 21.10.99

To the Chief General Manager, Reserve Bank of India, Deptt. of Government and Bank Accounts, Central Office. C-7, 2nd Floor, Bandra Kurla Complex, Bandra (East), P.D. NO.8143, Mumbai-400051 & Director General of Post, Department of Post, Dak Tar Bhawan, New Delhi

Subject: Implementation of Government’s decision on the recommendations of the 5th Central Pay Commission - grant of fixed medical allowance @ &.100 p.m. to the Railway pensioners/family pensioners,

Ref: Railway Board's letter of even number dated 21.4.99

The list of Lock up dispensaries as mentioned in Annexure-III to Board's letter cited above may please be treated as deleted. Thus all pensioners who are residing in such areas where lock up dispensaries are situated and where no other health unit is available shall be entitled to grant of Medical Allowance @ Rs.100 p.m. provided they opt for the same, subject to all other terms and conditions mentioned in Railway Board's letter referred to above.

FIXED MEDICAL ALLOWANCE RAISED FROM Rs.100 TO Rs.300 PM

Copy of Railway Board’s letter No. PC-V/2010/A/Med/1 dated 29-06-2010 (RBE No. 92-2010)

Subject: Grant of Fixed Medical Allowance (FMA) to the Railway Pensioner/ Family Pensioner- Reg.

In pursuance of Government’s decision on the recommendations of the Fifth Central Pay Commission, instructions regarding grant of Fixed Medical Allowance @ Rs.100/- per month to the Railway pensioners/family pensioners were issued vide Railway Board’s letter No. PC- V/98/1/7/1/1 dated 21-4-99 and subsequently amended from time to time; the last being letter No. PC-V/2006/A/Med/1 dated 1-9-2009.

2. In this connection, Department of Pension & Pensioners Welfare (DoP & PW), the nodal Department on the subject have advised vide OM N0. 4/25/2008- P&PW (D) dated the 25-5-2010 the demand for enhancement of Fixed Medical Allowance has been under consideration of the Government for some time past and the amount of Fixed Medical Allowance has been enhanced from Rs.100/- to Rs.300/- per month. The other conditions for grant of Fixed Medical Allowance shall continue to be in force.

3. These orders shall take effect from 01.09.2008.

4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.


Important old Orders for Ready Reference

FMA to Pensioners/family pensioners residing beyond 2.5 KMs from RH

RB No.PC- V /489 NO.PC-V/98/I/7/1/1 RBE No. 99 /2007 dated 24.07.2007

Sub: Implementation of Government's decision on the recommendations of the 5th Central pay Commission - grant of Fixed Medical Allowance @ Rs.I00 p.m. to the Railway pensioners/family pensioners

In supersession of para 5 of Board's letter of even number dated 1-3-2004, it has been decided that in compliance with the Judgement dated 17-11-2006 of the Hon'ble Supreme Court dismissing the SLP No.21230/2003 arising out of O.A.No. 430/2000, Fixed Medical Allowance @ Rs.100/- per month to Railway pensioners/family pensioners residing beyond 2.5KMs from Railway hospital/health unit may be granted on absolute basis subject to furnishing of the requisite undertaking.

2. Other terms and conditions for grant of Medical Allowance as specified in the Board's letter of even number dated 1-3-2004 will remain in force.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

FMA - Admissibility - irrespective of fact whether member or not of RELHS

RB No.PC- V /496 N o.PC- V /98/1/7 /1/1 RBE NO.22/2008 dated 7.02.2008

Sub:- Grant of Fixed Medical Allowance @ RS.100/ - per month to Railway pensioners and family pensioners -
Clarification reg-

References have been received from Railway pensioners/family pensioners, Banks & other establishments seeking clarification on the issue of payment of Fixed Medical Allowance @ Rs.100/-per month to Railway pensioners/ family pensioners irrespective of the fact whether they are members or not of RELHS, or, any other health scheme. There have also been demands to eliminate the distance criterion of 2.5km, for the purpose of grant of Fixed Medical Allowance.

In this connection, it is stated that as per extant instructions, Fixed Medical Allowance is granted to only those Railway Pensioners/Family Pensioners, who reside beyond 2.5kms, from Railway Hospital/Health Units, irrespective of the fact whether they are members, or not, of RELHS. It is, reiterated, that the pensioner is, however, required to be eligible for being enrolled under a health scheme, in terms of Board's letter NO.97/H/28/l dated 23.10.1997 and actual enrolment under the scheme, is not compulsory. As regards the distance limit, it is clarified that the distance limit of 2.5kms has been imposed by Hon'ble CAT/Ernakulam and subsequently, upheld by the Hon'ble Supreme Court. As such, altering this limit, or, eliminating the same, is beyond the competence of this department. Railways are requested to dispose of cases pertaining to Fixed
Medical Allowance, on the above lines.


Source: Pensioners Rail Sampark Page 7 April - June, 2010

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