Srinivasa Murti Devulapalli <devulapallimurti@gmail.com>   

Tuesday, Sun, 12 Jan, 18:40
To: All my friends on the mailing list. 

మీ ఇంటిల్లిపాదికి  భోగి మకర సంక్రాంతి శుభాకాంక్షలు .    With Greetings to you all on the eve of  Makarasankranthi / gudipadwa /bhogi / pongal 

My Dear Friends,

PENSION UPDATION (OR ) REVISION  - IRRESPECTIVE BY WHATEVER NAME IS REFERREDTO - IT SHOULD INVARIABLY BE ON LINES WITH THAT OF RBI RETIREES

https://drive.google.com/file/d/1xNmBLBhOmHJQgl7WdJ22FIVxbh3XKval/view?usp=sharing

It is now a point of debate to advocate Pension Updation based on the amendment made to the Pension Regulation # 35(1)  for the following reasons as rightly observed by some of our learned friends- ie.

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QUOTE:“4th Bipartite period was upto 30.06.1987 and 5th Bipartite period was from 1.11.1987 leaving a gap of four months. Further, calculation of Dearness Allowance had different formula for different section of employees. It was 1.20% per slab for Sub-Staff and 1% per slab for others. There was a ceiling on Dearness Allowance per slab. It is not possible to have different Dearness Relief formula in Pension Regulations based on the cadre they belong to while in service, especially for a section of pensioners only. A brief period of 22 months had three categories of employees. To overcome these problems and to harmonise calculation, Regulation 35(1) was introduced. Regulation 35(1) is a deviation in method of calculation of basic pension, as Regulation 35(2) and 38 provides for reckoning last ten months pay and 50% of ‘Pay’. When it was introduced, the clause was

BEFOR AMENDMENT, REGULATION 35(1) WAS:

35.      Amount of Pension - (1) In respect of employee who retired between the Ist day of January,1986 but before the 31st day of October, 1987, basic pension and additional pension will be updated as per the formula given in Appendix - 1.

AFTER AMENDEMNT, REGULATION 35(1) IS: 

35.      Amount of Pension:- (1) Basic Pension and additional pension, wherever applicable, shall be updated as per the formulae given in Appendix I (See regulation 35)

The formula of updating basic pension and additional pension in respect of employees who retired between the Ist day of January 1986 and the 31st day of October 1987 shall be as under:

This portion of pension regulation was amended only with a view to refine and also it was already implemented, while paying pension during 1995/1996. The phrase ‘in respect of employees who retired between the Ist day of January 1986 and the 31st day of October 1987’ was already available in Appendix – I.

One has to understand what does this amended Regulation convey. Even if beneficial interpretation, as claimed, is adopted, one should consider what should be the formula to be reckoned while updating. Amended Regulation says that ‘Basic Pension and additional pension, wherever applicable, shall be updated as per the formulae given in Appendix I’. While interpreting one needs to consider entire sentence, but not a portion of it. Cherry picking in anathema to law.

The formula/formulae adopted in Appendix I is nothing but adding Dearness Allowance upto 600 points (earlier basic pay was upto 332 points) to the ‘Pay’. This is the same method that is being adopted if last ten months’ period spills over to two settlement period. The important point which should not be ignored is that calculation is based on ‘Pay’, but not pension. Consequently, even if same formula is adopted to update pension, the benefit of updation would be limited to enhancement on account of ‘rounding off’ effect only. “ UNQUOTE:

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IN VIEW OF THE FOREGOING,  LET US DEMAND PENSION REVISION (OR) UPDATION ON THE LINES OF THE RESERVE BANK RETIREES  FOR THE REASONS MORE FULLY EXPPLAINED IN THE FOLLOWING LINK:

https://drive.google.com/file/d/1BmhH6u7D238Hps8zTRDDzGoyoHLb4XSe/view?usp=sharing

I remain - yours,

మీ ఇంటిల్లిపాదికి  భోగి మకర సంక్రాంతి శుభాకాంక్షలు .    With Greetings to you all on the eve of  Makarasankranthi / gudipadwa /bhogi / pongal 

దేవులపల్లి శ్రీనివాస మూర్తి /

Devulapalli Srinivasa Murti                                                                         JANUARY 12 , 2021                                                                                   Ramavarappadu ( po)                                                                                 Vijayawada 5211089989318300

PS:The above link shows  the difference, payable if pension is updated in terms of Regulation 35(1).