pension benefits
narayanan namboothiry
(Querist) 19 March 2011
This query is : Resolved
respected sir,
the following is a copy of the letter sent to the accountanat general,kerala. and in their reply they stated that i have no eligibility for the pension benefits for the period from 1986 to 1991 -five years- during which i was an employee of state warehouse. sir am i actually eligible to get the pension benefits for the period. is there any way to get the pension benefits for the period. what is the way out ? will u be kind enough to clarify my doubt?
i remain, yours namboothiry
V. Narayanan Nampoothiri,
(Retired Selection Grade Lecturer,
S.D.College, Alappuzha.)
Residing at :
Nalanda,
Sanathanapuram P.O,
Kalarcode,
Alappuzha-688003.
To
The Accountant General (A & E),
Office of the Accountant General, Kerala,
Thiruvananthapuram- 695039.
(Through the proper channel)
Sir,
Sub: Pension revision- Discrepancy in the matter of reckoning qualifying service for pension- request for revision of pension- regarding-
Ref: 1) Your Pension Authorisation Letter No: PR. 2101049897 / P-8 / 1 / 1010083294 (PPO No:111062502.)
2) Letter No; M 1 / 4251 / 10 / Coll.Edn dated 11.03.2010.
of Director, Collegiate Education, Trivandrum.
I write this to bring the following facts for your kind consideration and immediate favourable disposal.
I retired from the S.D.College, Alappuzha on 31.03.2010 after working as Lecturer Selection Grade (UGC) for 23 years, 7 months and 26 days from 06.08.1986 to 31.03.2010. As such, I am legitimately eligible for pension calculated for a qualifying service of 24 years. The Director of Collegiate Education (Pension Sanctioning Authority in my case) has also sanctioned pension corresponding to 24 years of qualifying service vide his letter 2 nd cited. But, as per the order first cited, your good offices has authorised pension for 19 years qualifying service only stating that I was employed in the State Warehouse, Alappuzha up to 16.07.1991; that the LWA sanctioned by it was not in order and that the service after resignation from the State Warehouse could only be reckoned as qualifying service.
At the very outset, let me point out with utmost humility that the decision to forfeit 5 years service from my total Qualifying service of 24 years in the S.D.College was taken on a wrong notion that I continued in the services of State Warehouse till 16.07.1991 which was most unfortunate and disappointing.
Prior to my appointment in the S.D.College (on 06.08.1986 ) as Junior Lecturer in Economics, I was working in the State Warehouse, Alappuzha since 01.04.1974. I applied for Leave Without Allowances for 5 years for taking up the job in the S.D.College as provided in G.O.(P) 274/70/Fin dated 29.04.1970 just to retain my right to revert to my parent department (if thrown out from the S.D.College) as the appointment in the S.D.College was on a temporary basis at the beginning. By the end of the 5 year leave period, I requested the Warehouse authorities to terminate my services as I had no intention to revert to that department. In so long as I did not revert to that department after proceeding on leave on 06.08.1986, I should be deemed to have vacated the post in the State Warehouse w.e.f 06.08.1986; the date on which I proceeded on leave. The irregularity, if any, in the matter of sanctioning the LWA by the M.D of Kerala State Warehousing Corporation can have any effect only on my service in the State Warehouse, Alappuzha and it can not in any way adversely affect my hard earned service in the S.D.College.
In the circumstances, I request your good offices kindly to reckon my entire period of service in the S.D.College (from 06.08.1986 to 31.03.2010) for fixing Qualifying service and authorise pension applicable to 24 years of Qualifying service.
I earnestly solicit for early favourable orders.
Thanking you,
Yours faithfully,
(V. Narayanan Nampoothiri)
Alappuzha,
01.07.2010.
Guest
(Expert) 20 March 2011
Dear Naraynan,
There are various factors that determine the service to be treated as qualifying service for the purpose of retirement benefits. Your application is a one sided document without any official response and does not have relevance unless the reply of the AG Kerala is also reproduced to indicate with what reason the AG has disallowed 5 years out of your total service and treated that as disqualifying service.
Moreover, your query also does not indicate whether your services were terminated by your previous employer on account of your absence, or whether you were on duly sanctioned LWP, or you resigned from service, and also whether you applied for the post in the present college through proper channel or not, or you got NOC for applying direct if not applied through proper channel. There are several other factors also, which determine the service to be treated as qualifying service for pension.
So, merely your application won't serve the purpose to get you a proper solution.
PS Dhingra
CEO
Dhingra Group of Consultants
New Delhi
Email: dcgroup1962@gmail.com
Kirti Kar Tripathi
(Expert) 20 March 2011
Yes, In my opinion you are entitled. the objection as raised in your case is not valid. if your leave was sectioned, they authorities after a long span of time and that too after retirement can not raised such objection. You may file writ petition.
narayanan namboothiry
(Querist) 20 March 2011
resp sirs,
Reg Dr: Dhingra, 1 st point.
here is the abstract of the reply from AG,s office
as per GO(P) 124 /PD dated 24-03-1966 as modified by GO(P) 11 / PD dated 07-01-69, government have allowed employees who were permitted by competent authority to apply for and take up appointment under another state govt to retain lien in state service until they are confirmed or till 5 years fm the dt of relief whichever is earlier.
in GO(MS) 274 / 76/ / PD dtd 7-8-76, govt have clarified that,in respect of govt servants permitted to take up another appointment the orders applicable are those contained in GO/P 124/PD dtd 24-3-66 and GO/P 11/PD dtd 7-1-69 and not those in GO(P) 274/70/Fin dtd 29-4-1970. the GO dtd 29-4-70 is exclusively intended for those who apply for permission to take up private employment and not under a govt aided institution. Further , you were an employee of the State Warehouse till the date of resignation. Hence your claim is not admissible.
reg 2 nd point
reg my previous employment- i am relieved from the state warehouse on the basis of the proceedings of the managing director with permission to take up employment in a private college and under the proper relieving order form the warehouse and joining duty with the college is also reported then and there with approval.
no: 3. i applied for the post of lecturer with prior sanction from the institution and relieving is also done with proper written order from the managing director.
no: 4 . there was no disciplinary action taken or pending against me and i was in their good list till the date of resignation.
no:5.
the leave without allowances was sanctioned mentioning that the period of LWA will not count for any service benefits in the State Warehouse and i am relieved on 05-08-86 and joined at s d college on 06-08-86. and since 06-08-86 i have been working in the college.
no :6 . all working periods ie from 06-08-1986 till the date of retirement, ie the entire service from 06-08-1986 were counted for my annual increments, placement or promotions and i have got 24 years of service. and it is from this pensionable service they deduct the period of five years.
no: 6 .
the service at SDCollege is eligible for pension as per rules.
no: 7
the denial is for the mere reason that i have resigned from warehouse only on 1991 from where i am properly relieved from duty and with proper relieving order and permission.
no:8:
i have not claimed the same period for any benefits from my previous institution.
no:9
there are no remarks or disciplinary actions during the entire service of the college and i am a national award winner and maintained very good academic and extra curricular achievements.
expecting your valuable guidance.
sincerely,
namboothiry.
narayanan namboothiry
(Querist) 20 March 2011
respected Kirti Kar Tripathi sir and Dhingra sir,
i am much grateful to your kind opinions. kindly go through the above points and guide me what to do.
sincerely
namboothiry
R.Ramachandran
(Expert) 20 March 2011
Dear Mr. Narayanan,
Your's is not a straight case. There are good arguments on both sides. It is an arguable case. The crux of the matter is and the question which needs to be resolved is, whether retaining lien in one organization will deprive the employee of his uninterrupted qualifying service, to the extent the lien is retained?
It will definitely call for intervention by the Court.
narayanan namboothiry
(Querist) 21 March 2011
respected Ramachandran sir,
i am much greatful to you for your valuable advice.
sincerely namboothiry.
Guest
(Expert) 23 March 2011
Dear Narayanan,
Leaving aside your LWP, lien or service in the State Warehouse, please ask the AG Kerala a very simple question to quote rule or instruction of the government of Kerala under whcih any part of service can be deducted out of regular qualifying pensionable service of 24 years rendered in the single organization, i.e., SD College, on account of which the pension has been granted to you?
Write a letter, wait for reply, remind after every 10 days if no reply is received, and intimate about the response of the office of the AG Kerala.
AG Kerala doesn't enjoy any arbitrary authority to deduct any service out of your qualifying service.
narayanan namboothiry
(Querist) 23 March 2011
respected dhingra sir,
today i have got an order from the AG stating that in " your case the orders applicable are those in GO dated 24-03-66 GO dated 7-01-69 and GO dated 30-10-69, allowing to retain the lien in State Warehousing Corporation during the period of LWA from 06-08-86 to 16-07-91. Besides as per notings in your service book, you have resigned from the State Warehousing Corporatin on 16-07-91 only. Hence, the service from 06-08-86 to 16-07-91 could not be taken as qualifying service for pension." sir as i have stated in the representation to AG Kerala, and the consequent reply, they have made it clear that they will not give me pension benefits for the period. as you said,even if i write to them again, i have no hope in getting any further clarifications from them. hence kindly advise me whether i will get any support legally from honorable court for getting my pension benefits. though i was on LWA from state warehouse, i was an employee in the SDCollege since 1986 enjoying all service benefits except this pension. kindly help me in this matter. this denial of my five years of hard earned service is a great loss to my family having no other income. expecting your blessings.
namboothiry
Guest
(Expert) 23 March 2011
Dear Narayanan,
Can you post copies of GOs dated 24.03.66 and 07/01/69? The AG is merely harping on the tune of lien only not on qualifying service for pension. Without seeing full correspondence it may be just hitting the darget in the dark.
What I gather from the contents of your post, you are not asking for any retirement benefit in lieu of your past service.
However, I still maintain the AG office has fixed pension just on arbitrary basis. You can still ask for the copy of rule or GO under the provision of which your qualifying service has been slashed.
The question arises, why you want to link your lien of your past service with the present pension case? Do you want to claim benefit of your past service for your retirement benefits?
Unless the whole of correspondence and the issue of past service are clarified, you cannot expect any foolproof solution. Of course you can get relief through court of law if you don't want to go any further with the correspondence with the AG Kerala, provided you are able to convince your lawyer on the issues and the service laws of Kerala.
narayanan namboothiry
(Querist) 23 March 2011
respected dhingra sir,
in my representation first cited itself i claimed for pension benefits for the entire 24 years. and that is the first interaction with the AG after getting my PPO. i have not asked the AG for getting pension benefits for my service at State Warehouse-where i had 14 years ie: adding together i will be having 38 years of total service. i claimed only for the service at the SDCollege only and it is from this mere 24 years the AG denied five years claiming that there was a lien. and in any way i have not tried and interested to link this service to my previous service. i don't want to get pension benefits from the service of the Warehouse. i have tried to collect the 1966 GOs and subsequent GOs but i couldn't collect them. copies of all correspondence are posted here and i feel that every thing is clear in those letters and nothing is hidden. the AG is tightening grip on those GOs and repeatedly states that i have no eligibility for the pension benefits for the simple reason that i have adopted an option for my lien and hence the denial of my valuable service. sir if there is a valid strong point from my side and you point out that valid rule or argument for the denial of justice, i shall definitely go for court in order to get that justice. i always pray for your good health and always expect your blessings.
with much gratitude,
namboothiry.
Guest
(Expert) 23 March 2011
Please try to get copies of the GOs, dated 24.03.66 and 07/01/69, as advised in my email.
