APLICATION TO CHAIRMAN NEW INDIA REJECTED

The Chairman cum managing director,

HEAD OFFICE, NEW INDIA ASSURANCE CO LTD,

NEW INDIA ASSURANCE BUILDING,

87,MG ROAD,FORT

MUMBAI-400001

Dear Sir,

                  Sub: Request  to recalculate My pension from Pro-rata  to full pension as per para 54B &55  of GIC pension rule 1995 which takes in to account the changes in the CCS pension rule1972 from time to time.

I  am an Ex-servicemen re-employed in New India Assurance Company W.e.f.28/03/1991  & retired on superannuation from New India Assurance Co  after rendering a service of 21 years on 31/10/2011.

When GIC pension was introduced in 1995, I have opted to join the scheme forgoing Company contribution Contributory CPF to my credit up to that date.

The Scheme was approved by ministry of finance, department of economic affairs & notified in the official gazette of India to be enforced in GIC companies & the scheme was named as GIC pension rule 1995. it was a Govt sponsored scheme & The New India assurance Co Being one of the Instrumentalities of the State directly coming under the ministry of Finance , the CCS Pension rules amended up to 1995 were used as the basic document to draft the GIC pension rule 1995.This is evident from the Para 54B & 55 of GIC pension rule 1995.

In 1995 CCS pension rules contained provision which curtailed the pension on prorate basis if the qualifying service of the employee was less than 33 years & consequently same provision was incorporated in GIC pension rules at that time when it was started in 1995.But Para 54B of the GIC pension rule clearly states that any subsequent amendment in CCS pension rule 1972 has to be taken in to account in GIC pension rule 1995.

CCS pension rules are deemed to have been amended with the implementation of 6th central pay commission w.e.f. 01/01/2006  in which the linkage of full pension with 33 years is removed & 10 years service on superannuation or 20 years on VRS fixed as the criteria for full of 50% of the last drawn pay  as per OM 38/37/08-P&PW (A) Dated 02/09/2008. Para 14 of the above OM clearly states that CCS pension rule is amended accordingly

 I would also like to mention that the supreme court has also ruled in R.P.(C) NO. 2565/2015 IN SLP(C) NO. 6567/2015 In Union of India Vs M O. INASU that pension should not be Less than 50% of the LPD Iif qualifying service is 20 years even in pre-2006 case.

My retirement in 2011 on superannuation on completion of 21 years of qualifying service being within the purview of the amendedment to CCS pension rule by the implementation of 6th CPC w.e.f. o1/01/20016 is ignored by pension fixing authorities & failed to comply with the para 54B of GIC pension rules 1995 by not allowing 50 % pension on my LPD of 27160/-
 when I  retired on 31/10/2011,I was drawing a basic pay of  27160 & I was eligible to get a basic pension of 13580 (50% of 27160) but the Regional office has apportioned my Basic pension on pro rata basis to  13580 x21/33 by sanctioning only Rs 8642/- as basic pension.& depriving of Rs 4938/-

Hence I kindly request Sir to re calculate my pension to 50 % of my Last pay drawn (27160)  Rs 13580/- with effect from 01/11/2011 as per provision contained in para 54B of GIC pension rule 1995 by applying CCS pension rules 1972 amended vide OM 38/37/08-P&PW (A) Dated 02/09/2008.  .

Encl:-

1)    Copy of Relevant pages of GIC pension rules 1975

2)    Copy of OM 38/37/08-P&PW (A) Dated 02/09/2008

3)    Copy of pension estimation sheet given to me