The General Manager Postal Accounts & Finance,
Tamil Nadu Circle,
Chennai -600 008.
Sub: Request for cancellation of Irregular objection raised in my C&R and revision
of pension and other pension benefits-Reg
I humbly submit the following for kind consideration of the General Manager (PA &F) and cause issue of revised PPO after regularaisation of the irregular objection in the C&R raised by the pension section .
I am a pensioner and retired on Superannuation from service as Asst Post Master (A/Cs ) Melakaveri HO on 31.12.2015.and holder of PPO number ._____________
During my service period I was charge sheeted under Rule 16 of CCS CCA Rules 1965
by the Superintendent of Post Offices, ……………..Division, for the charges framed against me and minor punishment was imposed for the same vide SPOs , ……….Division, , ,vide memo No. NO. ……………… pertaining to the minor penalty . In the punishment orders it was specifically mentioned that “During the period of reduction the official will/will not earn increments of pay and on expiry of period of punishment the reduction will not have the effect of postponing future increments of Pay”.
The DDO / Post Master, …………HO had fixed the pay correctly on expiry of punishment in accordance with provision of Rules on the subject.
The Pension Sanctioning Authority ie Superintendent of Post Offices, ……. Division ,… calculated Pension and other Pension benefits ,after admitting the pay fixation done by the DDO/Post Master, Melakaveri HO on expiry of punishment as correct and forwarded my pension papers to Postal Accounts office for authorization of pension..
Where as the Pension Authorizing Authority had objected the fixation of pay done by the DDO/ Post Master, Melakaveri HPO on expiry of punishment was not correct , citing the illustration case 2A of OM No 6/3/2013-Estt (PayI) Of Ministry of Personnel & Public Grievances and pensioners , Department of Personnel and Training dt 06.02.2014 and my pay was reduced by one stage and pension was authorized accordingly. Instantly I have submitted my representation to the Pension Sanctioning Authority/ and the Pension Authorizing Authority to restore my pay and pension may be authorized as per the fixation originally done by the DDO which was correct on the following grounds.
1) As per para 11. (III) (a) under headings Penalties of OM No. 6/3/2013-Estt-(Pay-I)1 dt 06.02.2014 and OM NO.1012/15/2016 –Estt A-III of Ministry of Personnel , Public Grievances and Pensions, Dept of Personnel & Training Minor penalties can be imposed with out Cumulative effect and not adversely affecting pension of Govt Servant. The same is reproduced here under for ready reference.
“ Reduction to a lower stage in the time scale of pay by one stage for a period not exceeding three years , with out cumulative effect and not adversely affecting his pension”.
2.) Further the punishment mentioned in the illustration case 2A of OM No 6/3/2013-Estt (PayI) Of Ministry of Personnel & Public Grievances and pensioners , Department of Personnel and Training dt 06.02.2014 belongs to the category of punishment to be imposed under Major penalties Hence the said illustration number 2A above cited by the audit should not be applied for raising objection in the C&R , by the Pension Authorizing authority , as the penalty imposed in my case was under Rule 16 of CCS CCA Rules 1965. .
3.) On receipt of the objection from audit, If the DDO had changed the fixation of pay already done correctly and refixed the pay and the irregular revised pension sanction issued by the Pension Sanctioning Authority (ie Supt of Pos, …. Dn, if any based on the irregular objection raised by the Pension Authorizing Authority ie General Manager/ Director of Postal Accounts was highly incorrect as per provisions of Rules on this subject for the years together. This has been very well proven in the recently issued clarifactory orders vide case of History No.6 / 2 (as the case may be) of Ministry of Personnel , Public grievances and Pensions, Department of Personnel and Training OM No.11012/15/2016-Estt A –III dt 18.06.2019.. Photo copy of which is enclosed for kind and ready reference.
. 4) Further more due to the reduction of one stage by the Pension Sanctioning Authority my pension was reduced by which the penalty became cumulative effect and there by basic pension is adversely affected which is against the provision of Rules explained in Para 1 above..
5) In the light of the irregular objection the penalty imposed in my case was changed into the Major penalty that may be issued for the proceeding under Rule 14 of CCS CCA Rules 1965. No authority either Disciplinary Authority or Reviewing Authority in the Union Government is empowered to impose punishment to be awarded pertaining to the Major Penalties for the proceedings under Rule 16 of CCS CCA Rules
There fore I humbly request that my pension case may kindly be revisited on the above mentioned points and cause issue of revised Pension Payment Order and other pension benefits VIZ Retirement Gratuity, Commutation and Leave encashment and refund of recovery of excess payment of pay and allowances by cancelling the irregular objection raised in the C& R , in my case by restoring my pay to Rs.14970 +4600 on expiry of punishment originally done by the DDO ie Post Master , Melakaveri HO.
For which act of kindness I shall ever be thank full to the General Manager, Postal Accounts and Finance.
Thanking you Madam.
Place : Pinnathur
Date : 24.07.2021
Attention : All those who have been given punishment during VI CPC AND Vii CPC..
The punishment imposed for rule 16 charges are treated with the effect of punishment of rule 14 by wrong understanding of DDOS while restoring the pre penalty pay.
The rule are very much clear that the reduction of pay by one stage for not exceeding 3 years without cumulative effect and not adversely affecting the pension is kind of punishment prescribed for rule 16 charges.
But the disciplinary authority have chosen to add the provision to punishment that reduction have effect of postponing the increment resulted in adversely affecting the pension thereby violating the spirit of minor penalty.
Many such cases resulted in reduction of pay and in turn pension for Rule 16 proceedings .
Such of the cases have been adeptly dealt with Audit by our learned retired Sr.AO Shri.Prakash Sir and justice was done by restoring the pay after punishment period in Constance with Rule 16 punishment .
A draft copy of the representation in one the cases in which justice was done is posted hereunder.
The affected officials may be advised to prefer appeal to competent authority on the same line. The contact number of Prakash Sir is 9840831502 and he is gracious enough to guide in the event of any doubts and suitability of the case in hand for remedy.