COPY OF MY REPRESENTATION TO CHAIRMAN

FROM

MB CHANDRAN

VINOD VIHAR

159 SAHAKARANA ROAD

PONNURUNNI

Kochi-682019.

To

The Chairman cum Managing Director.

& Chairman of GIPSA

Head office, New India Assurance Co Ltd,

New India Assurance Building,

87 MG Road, Fort,

Mumbai-400001

  Dear Sir,

                  Sub: Request  to recalculateMy pension from Pro-rata  to full pension as per para54B&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 inErnakulam regional office of New India Assurance Company W.e.f.28/03/1991  & retired on superannuation fromErnakulam regional office of New India Assurance Co  after rendering a qualifying  service of 21 years on 31/10/2011.

When GIC pension was introduced in 1995, I have opted to join the scheme forgoingCompany 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 asGIC pension rule1995. it was a Govtsponsored 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 pensionrule 1972 has to be taken in to account in GIC pension rule 1995.

CCS pension rules aredeemed 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 & 20 years service is fixed 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 liketo 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 LPDIif 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 isignored by pension fixing authorities & failed to comply with the para54B 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 para54B 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

4)    Para 54B Legal Openion.

  

Yours SincerelyDated                                         06/10/2016

MB CHANDRAN

Assistat (Rtd)

SR NO 29340