K K Garg 09 March 2017

Violations of ccs pension rules i university of delhi

Sub: VIOLATION of CCS (Pension) Rules & Ignoring Dept. of Pers. & Trg Circulars for Retirement Benefits in University of Delhi. Ref: 1. [PPO no. 98066. File no 1602]. Sir, Following facts are from record:- 1. I joined as JE (C) in 1976, confirmed as JE (C) in 1978 in the Entry Grade. 2. After 8 years I got PROMOTION on TEMPORARY basis as AE (C) in July 1984 [Pay scale 650-30-740-35-810-EB-35-880-40-100-EB-40-1200]. 3. Rationalized scale of pay of Rs 700-40-1100-50-1600 effective from 12/11/1984 with date of next increment as 12-11-1985. 4. Above scale was replaced with Rs 2200-4000 w.e.f. 1-1-1986 and Pay was fixed at Rs 2200 with date of next increment as 1-11-1986. 5. Senior Scale of Pay of Rs 3000-100-3500-125-5000 to Group A Officers was granted w.e.f 12-11-1992 vide no letter dated 23Dec 1996 and my Pay was fixed at Rs 3000/- as on 12-11-92 with next date of Increment on 12-11-1993. 6. Periodical Increment certificate issued by University Engineer dated 1/1/97 confirming Pay of Rs 3300 on 12/11/95 and Rs 3400 on 12/11/96. 7. I CONTINOUSLY served for 14 YEARS as AE (C) till I opted for VRS on Medical Grounds and it was accepted vide no Estab III/Engg/PF-9/97/43484dated 19 Dec 1997 and VRS effective from 28-02-1998. 8. The Last Pay drawn was at Rs 3500/- [after increment on 12-11-1997]. 9. At the time of VRS as AE (C) in 1998, I had completed CONTINOUS service in DU for 22 years [8years as JE (C) plus 14 Years as AE (C)]. 10. After VRS on 28-02-1998, neither my pension was fixed nor was I paid any financial help till my pay was fixed after implementation of 5th Pay Commission vide o/o no 69 dated 8-1-1999. My Pay was correctly fixed at Rs 10325/- as on 1.11.1996 in the Pay Scale Rs 10000-325-15200 (Personnel). Surprisingly I had been designated as Assistant Engineer (work Charged). This category does not exist since my joining as JE(C). 11. Periodical Increment Certificate issued by University Engineer dated 22.1.1999 [After Implementing 5th Pay Commission] indicates Pay of Rs 10325 on 1-1-1996, and Rs 10650 on 1-11-1996, and Rs 10975 on 1-11-1997 [i.e. the Last Pay Drawn before VRS. 12. Instead of fixing PENSION as per CCS (Pension) Rules, Administration ERRORNEOUSLY fixed my Pension as JE (C) at ARBITRARY pay of Rs 9650/- although at the time of VRS I had CONTINOUSLY served for 14 Years as AE (C). The PROVISION of CCS (Pension) Rules is placed below: 1. As per CCS (Pension) Rules, 1972, there is NO DISTINCTION between PERMANANT and TEMPORARY employees in the APPLICATION of PENSION RULES. [G.I., Dept., of Per. & Trg., O.M. No.18011/1/86-Estt. (D), dated 28th March 1988] [4.1. (A) & 4.4]. My SIMPLE and ONLY Request is that my PENSION and RETIREMENT benefits be REVISED strictly as per CCS (Pension) Rules1972. Please Advice. I am a Senior Citizen of 74 years of age with 81% disability. [K.K.Garg] Asst Engineer (C) [Retd.] Pitam Pura Delhi-110034 M- 9891865857 Date: 09/03/2017

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11 Replies

Sudhir Kumar, Advocate (Advocate) 11 March 2017

please be precise. This is not file noting.

K K Garg 11 March 2017

Sir,

I have posted my case in chronoligical order in the hope that expert/lawyer in service matters may suitably advise.

Regards,

K K Garg

Sudhir Kumar, Advocate (Advocate) 11 March 2017

the query does not give clear impressions of problem in one reading. (as in case of thousands of other queries).

whether your greinvance is incorrect fixation of pay or pension?

whether your entire length of service (excluding ad-hoc/daily wages /EOL / dies non, if any) has been taken into account?

whether you sought VR (not (VRS) on own reuqest or were discharged on medical grounds abger medical baord

K K Garg 11 March 2017

Sir,

1. My grievance is about incorrect fixation of pay. I was working as Assistant Enginner [since 1984] on temporary post for 14 years. I had been confirmed in the Entry Grade as JE in1978. Instead of fixing of pension on the Last Pay drawn, they have fixed according to corresponding to Substantative post of JE. They have fixed my pension in 1999 [after one year of my VRS in 2/98] along with 5th Pay commission. I am only requesting for pension to CCS (Pension) Rules.

2. Entire length of service [8 years as JE plus 14 years as AE] has been counted.

3.I sought VR on my request [due to my ill heaith].

Regards,

K K Garg

K K Garg 11 March 2017

correction: Incorrect fixation of PENSION and accordingly retirement benifits.

regards,

K K Garg

Attached File : 376628 20170311164905 385283445 letter posted on lawyers forum.docx downloaded: 103 times

Sudhir Kumar, Advocate (Advocate) 12 March 2017

so your greivance is about 18 year old and so far you have not gone to court.

Now your case is time barred. Apparently no hope case.

You need to meet someone well versed in such matters so that one can considered whetehr review perition under section 29A [read with rule 23(iv)] of CCS(CC&A) Rules can be possible.

Sudhir Kumar, Advocate (Advocate) 12 March 2017

so your greivance is about 18 year old and so far you have not gone to court.

Now your case is time barred. Apparently no hope case.

You need to meet someone well versed in such matters so that one can considered whetehr review perition under section 29A [read with rule 23(iv)] of CCS(CC&A) Rules can be possible.

K K Garg 13 March 2017

Thanks for valuable advise. One more request. Is there any hope with following additional facts:-

1. I filed Public Grievance vide DPG/O/2000/00090 dated 29/5/2000.

2.DU replied unsatisfactorily after 16 years on 13 April 2016.

3. Again filed Grievance on 30 May 2016 vide no DOPPW/E/2016/04906.

4. Now Grievance through PMO vide no PMOPG/E/2017/0091534 dated 15th Feb 2017 has been filed and reply is awaited.

Kindly can you recommend to file review petition as suggested by you.

Regards,

K k GARG

Attached File : 376628 20170313173750 812787178 doppw e 2016 04906.docx, 376628 20170313173904 812787178 rti pmo feb17.docx, 376628 20170313173955 812787178 kkgarg 30may16.pdf downloaded: 96 times

Sudhir Kumar, Advocate (Advocate) 13 March 2017

Originally posted by : K K Garg
	Thanks for valuable advise. One more request. Is there any hope with following additional facts:- 1. I filed Public Grievance vide DPG/O/2000/00090 dated 29/5/2000. 2.DU replied unsatisfactorily after 16 years on 13 April 2016. 3. Again filed Grievance on 30 May 2016 vide no DOPPW/E/2016/04906. 4. Now Grievance through PMO vide no PMOPG/E/2017/0091534 dated 15th Feb 2017 has been filed and reply is awaited. Kindly can you recommend to file review petition as suggested by you. Regards, K k GARG

1. So you lost your right to go to court in November 2007, 10 years back.

2. Good stupidity by university in your favour. after rejecting your request in March 2016 they gave you a lease of limitation which you lost 10 years back. Now you can go to court till April 2017.

3&4. repeated representation does not revive limitation in another three weeks you are againt losing your right to go to court.

jyotirmaya behera (advocate) 13 March 2017

After gone through you massage I have some point which can help you for taking the stapes for fixation of pay scale and revise you pension.

You case is not time barred because in pension matter Hon’ble Apex Court stated that it is a continues cause of action and any time one can file case or take stapes for his right.
You cause of action is stated for the date of 13 April 2016 i.e. after received the reply from DU.

Now you have to contact with you local lawyer who can deal the service case and after carefully examined you have good case for correction of pension.

If you will file case then you have to pray:-

Pay fix
Revise the pension
Balance monetary claim which is you have not received that should be given to you after correction of pension

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262

K K Garg 16 March 2017

Sir,

Thanks you very much for the advise. The reply ti Grievance filed through PMO is still awaited. then there is one channel of President of India is left. Should I file the court case simultaneously or wait?.

regards,

K K Garg

16/03/2017