Sub:- Request for extending the date of implementation of the coverage under CCS Pension Rules 1972 (now 2021) based on option given by the employees up to 31st January 2024 instead of 31/10/2023.
Ref:- Department of Pension & Pensioners Welfare Letter No. 57/05/2021-P&PW(B), dated 03/03/2023
National Council (Staff Side) Joint Consultative Machinery (NCJCM) For Central Government Employees 13-C, Ferozshah Road, New Delhi - 110001 E-Mail : nc.jem.np@gmail.com Ph.: 23382286 Shiva Gopal Mishra Secretary
No. NC-JCM-2023/ Pension (NPS) October 16.2023
The Secretary, Government of India, Department of Pension & Pensioners Welfare, Lok Nayak Bhawan, New Delhi
With reference to the above, this is to bring to your kind notice that this office have been receiving complaints from the constituent Organizations of the National Council - JCM and also from the individual employees that the benefit of above DOP&PW OM dated 03/03/2023 is not being extended to the employees who ever have given their option to switch over to the coverage of pension under CCS Pension Rules 1972 (now 2021) on the plea for want of clarification on lot of issues. Some of the issues which need clarification which has come to our notice is as follows:-
1. The crucial date of notification should be the date on which the vacancies sanctioned by the Ministry / Department / Railway Board / to the lower formations for recruitment action. However many departments are taking the date of advertisement as the crucial date. Vacancies notified prior to 22/12/2003 but advertisement published later on are not being considered for conversion to pension under CCS Pension Rules 1972 (now 2021). In this regard it was clarified in the Parliament by the Hon'ble Minister of State in the Ministry of Personnel, Public Grievances and Pensions while replying Question number 589 answered on 20/07/2022 that the date of advertisement for the vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the NPS. Therefore a clarification need to be issued with regard to the "Notification of Vacancies”. If the vacancies are released by the Ministry /Department etc prior to 22/12/2003, then all those employees who were recruited against such released vacancies, they all should be brought under the coverage of Pension under CCS Pension Rules 1972 (now 2021) irrespective of the date of advertisement and the year of their joining government service. This will facilitate the Appointing Authorities to take uniform decision in this regard. This will also avoid different Appointing Authorities taking different type of decisions and will also avoid litigations.
2. In the case of employees who are recruited on compassionate grounds in their case there is no notification and hence the following needs to be clarified:
a) Whether the call letter issued by the Authorities to the dependent /candidates for verification /consideration for Compassionate Appointment prior to 22/12/2003
b) Whether the candidates appointed on Compassionate grounds on the vacancies occurred prior to 22/12/2003
In our considered view the call letter issued prior to 22/12/2003 to the candidates for considering compassionate Appointment should be treated as the Notification irrespective of the date and year of the appointment of the candidate for conversion from NPS to Coverage under CCS Pension Rules 1972 (now 2021)
3. Apart from the above there are other issues also which needs clarity / clarification which we will be forwarding to your office shortly.
In view of the above it is requested that you may at the outset issue an order for extending the date of decision by the Appointing Authority of the Post from 31/10/2023 to 31/01/2024. It is also requested that a meeting may please be convened under your Chairmanship at the earliest for discussing and resolving the issues pertaining to conversion from NPS to Coverage under CCS Pension Rules 1972 (now 2021)
Thank you , Yours faithfully,
(Shiva Gopal Mishra)
Secretary
