Pensioners need not go to banks to give proof of life: Government

New Delhi: Pensioners need not visit banks to give proof of their life for continuation of pension, the Centre informed the Rajya Sabha today.

Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh

There is no procedural complication in the disbursement of pension or family pension of a central government pensioner or family pensioners. It is credited regularly to their pension account and it does not require the pensioners' physical presence in the pension disbursing bank, Minister of State for Personnel, Public grievances and Pensions Jitendra Singh said in a written reply.

"Further, a pensioner or family pensioner need not visit the bank even for submitting life certificate, which can either be submitted online through Aadhaar-based biometric authentication or be signed by a person designated by the government for this purpose," he said.

In case a pensioner sends intimation about his serious illness or incapacitation supported by a medical certificate, a nominee of the paying branch of the bank visits the pensioner at home or hospital for recording his life certificate, Singh said.

The are about 58 lakh central government pensioners.

Prime Minister Narendra Modi had in November 2014, launched 'Jeevan Pramaan' --an Aadhaar-based digital life certificate for pensioners.

The certification was launched to do away with the requirement of a pensioner having to submit a physical life certificate each year, in order to ensure continuity of his or her pension.

PTI

How can your bank account with internet banking facility can be hacked?

How can your bank account with internet banking facility can be hacked?  1. Hacker accesses your name and date of birth from Facebook. 2. With these details he goes to the Income Tax site and updates them. From there he obtains the Pan card and mobile numbers. 3. Then he gets a duplicate Pan card made. 4. After this he lodges a mobile theft complaint in a police station.  5. With the duplicate Pan card he gets another Sim card from the mobile company. 6. Through internet banking he is now ready to access your account.  7. He goes to the site and uses the forgot my password option. 8. Now he easily gets past other options and gets the Internet banking pin on his Sim card. This information was issued by the Cyber Cell Police recently. All those who use Net Banking are requested to edit Facebook profile and delete the birth date and mobile number as a safety measure.  Forwarded as received.  Posted by: BHARAT BHUSHAN GHAI <BBGHAI@GMAIL.COM>

Bank chiefs will not be questioned over NPA resolution decisions: Rai

New Delhi, May 20:    In what should be music to the ears of bankers, Banks Board Bureau (BBB) Chairman Vinod Rai has said that in the next fortnight the Board will put in place a new “intermediate mechanism” that will provide cover to bank chiefs on their bad-loan resolution decisions.

The bankers, who are currently wary of accepting one-time settlements from promoters due to the Indian system’s venerable 3Cs (CBI, CVC, and CAG, who can question their decisions even a few years later), will be protected by this ‘intermediate mechanism’.

The main purpose of this mechanism is to ensure that three years down the line the bank chiefs are not questioned over their resolution decisions by any external agency, Rai said at the Confederation of Indian Industry-organised 5th Banking and Finance Summit, on Friday.

Later, Rai told newspersons that the intermediate mechanism will be outside the BBB and form part of each bank. The modalities on who would be forming part of it are “still being thought through,” he added.

He also said that the mechanism would only focus on the “processes” undertaken in resolving NPAs (non-performing assets) and not the pricing decisions involved.

The pricing part of the resolution would still be a commercial decision vested with the bank, Rai said. He also brushed aside comments in certain quarters that bankers suffer from a “fear psychosis” in making lending decisions. This is a bogey and there is no “fear psychosis” among bankers, he asserted.

As regards joint lending and the regulatory aspects around it, Rai said that the Reserve Bank of India was working on more guidelines.

He expressed hope that the BBB’s measures would help clean up the bad loans in banks’ balance sheets.

“The roadmap for our actions will be ready by June 15,” he said.

Currently, the priority of the BBB is to fill vacancies and look at providing comfort to bank chiefs on their NPA-resolution decisions. Going forward, the Board is also likely to look at issues such as consolidation of banks.

Call to professionals
Rai urged experts from various professions to come forward and offer their services on the boards of the banks.

He promised a paradigm shift so as to create an ecosystem for emergence of large, strong and professionally-run financial institutions and banks.

The BBB Chairman also called for transparency, ethics and probity in financial sector-related businesses in the backdrop of the “loss of trust” between government and business and between financial institutions and business.

(This article was published on May 20, 2016)

INTRUSION INTO TSEWA YAHOO MAIL GP - Brig CS Vidyasagar

Dear Ladies & Gentlemen,

1.   A fraudulent mail purportedly from HSBC bank has appeared from TSEWA Yahoo mail group account. It indicates some one has intruded into TSEWA Yahoo mail gp.

2.    The TSEWA software needs some data to work out your arrears of 6th CPC and OROP. There is no need for you to give your bank account. Even if you give me your bank account I will not put in the software as it is not required.

3.    You are all requested NOT to give your bank account number to any one (not even to me). Arrear calculations  do not need your bank account. Your bank account is only needed when we have to take up a case with CPPC of your bank to get your arrears. Since we deal through e-mails you must not give your bank account to any such unauthorized person. Do not entertain any such mails even if they come from letter head of your bank. Banks have your account no hence they will not ask you PIN of your debit card or bank account no to remit any money.

regards,

Brig CS Vidyasagar (Rtd)
9493191380

NO ONE CAN STEAL MONEY FROM YOUR BANK ACCOUNT UNLESS YOU HELP HIM – Brig CS Vidyasagar

Dear Ladies & Gentlemen,

1. Many advisories are coming to you on sharing your bank account and other private details. Hackers do manage to get into web sites and cause some damage to your system temporarily. It is not very difficult for some to get your personal details like your own name, names of your family members, mobile no, bank account no and other private details. But your money can not be swindled.

2. You have to understand how money can be taken away from your bank account. Once you understand that then you will be on your guard. Fraudsters use two human traits. One is trust and another is greed.

3. Trust. They gain your trust by rattling some of your personal details to make you believthat they are genuine people of your bank or some organisation like Army Group Insurance or Bank known to you. Once they give out your personal details like your name or mobile no or your bank account they gain your confidence. Someone known to you sending a mail, telling you that he is stranded in Spain or Brazil and requests you to transfer money to get out of his trouble is another example of playing on trust.

4. Greed. They exploit the greed in you by telling you that you are going to get tons of money if you pay some commission. Take the case of Army Group Insurance fraud. A guy calls you and says he is from AGI and gives you some of your personal details. You believe that caller is from AGI. Once he gains confidence then he will tell you that you have got additional insurance money and you have to pay VAT or some tarrif to get that money. He gives you account no and tells you the offer will close if you do not remit the money by today. You transfer the money from your bank account to that unknown account because your greed forced you to earn that unearned money. You have transferred the money yourself and nobody stole your money from your bank even if he has your bank account no.

5. OROP Arrears. I shall paint a simple scenario how some fraudster can gain your confidence and exploit your greed and take away your money. The conversation is going to be like this;

Caller: Sir, I am speaking to Hav Ram Singh .

You : Yes.

Caller : Sir, I am from SBI, Taran Taran main branch. Your account no with our bank is 123456789. Is it correct.

You: Yes it is correct.

Caller : We remitted Rs 50,000 as OROP arrears. Is it correct?

You: Yes it is correct.

Caller: Sir, we got information from our CPPC that due to some technical problem with their software, you were paid less arrears. Actually you should get Rs 2. 5 lakhs as OROP arrears. We have also got instructions from our CPPC to pay balance Rs 2 lakhs to you. Even PCDA (P) Allahabad wrote to us that we have to pay your arrears by today itself. But the problem is we have to deduct income tax on that Rs 2 lakhs. But we cannot deduct on our own. So we have made arrangement with Income tax department to collect your income tax through a third party. You are in 20% IT bracket. Your IT amount on Rs 2 lakhs comes to Rs 40,000. Today is the last day. Kindly remit Rs 40,000 into account no: 879456123 of PNB. Once we receive the money, we will immediately release Rs 2 lakhs. If you remit Rs 40,000 who is to be blamed? No one can take away money from your bank account. All banks have fool proof 128 bit encryption to ensure money cannot be transferred to anyone.

6. Some one from PCDA (P) Allahabad might also play this game on you.

Lessons Learnt.

1. The fraudster gained your confidence by giving out some personal information which at times bank staff or someone from that organisation themselves give out.

2. He played on your greed to get that Rs 2 lakhs which in any case you are not entitled to.

3. He exploited your ignorance of your OROP arrears.

4. You only transferred your own money. All Banks have 128 bit encryption security systems. No one can break into it even if he has your account no.

5. Do not believe any such stories of extra money coming to you like Manna from heaven. None gives you anything free. For every activity they charge money. Only TSEWA gives you free service.

6. None can steal money from you. You only will be made to part away with your money because you are greedy to get some money which does not belong to you.

7. Do not take such major actions unless you discuss your course of action with your trusted friends or relatives.

8. Do not part with any of your personal information to anyone.

Regards,

Brig CS Vidyasagar (Rtd)

9493191380

Non-implementation of digital signed pension revision authorities by 15 banks: CPAO -- Col Ranbir Lamba

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF EXPENDITURE

CENTRAL PENSION ACCOUNTING OFFICE

TRIKOOT-II, BHIKAJI CAMA PLACE,

NEW DELHI - 110065

CPAO/IT&Tech/e-PPO/2016-17/13                                                              dated 13.04.2016

Subject: Non-implementation of digital signed pension revision authorities by 15 banks.

Attention is invited to this office OM No. CPAO/Tech/e-PPO/ZOIS-16/440-511 dated 03.07.2015 (copy enclosed) on the above subject, whereby all the banks were requested to provide following:-


(i) Server finger print for SFTP
(ii) Username of SFTP
(iii) Password for SFTP

2. Paperless movement of digitally signed e-Revision authorities were scheduled to be implemented w.e.f. 01.02.2016 in all banks vide CPAO's OM No. CPAO/Tech/e-PPO/ZOIS-16/1743 dated-28.01.2016 (copy enclosed). For this purpose, all CPPCs were supposed to provide their SFTP accounts to N lC-CPAO to enable it to push the digitally signed e-Revision Authorities to their server.


3. While 14 banks have already implemented these, even after rigorous persuasion by NIC-CPAO 15 banks are still lagging behind (list enclosed) in providing their SFTP accounts. Consequently, the movement of paperless e-Revision authorities could not be implemented fully in all banks.


4. If remaining banks are facing some difficulties in providing their SFTP accounts, Sh. Davinder

Kumar, Technical Director, NIC at his E-mail mm or Mobile No.9354806172 may be contacted. The SFTP accounts may be provided to the MC, CPAO at the earliest and in any case not later than 30.04.2016.


This issues with the approval of Competent Authority.

Encl:- As above

(Vijay Singh)

Sr. Accounts Officer [IT & Tech)

... ..
Col Lamba ( one man army )

Banks cannot attach pension account to recover loan dues: Madras HC - Col Ranbir Lamba

 Banks cannot attach pension account to recover loan dues: Madras HC (Read Order)

While allowing a Writ Petition filed by Mrs. A. Muthuiruvakkal of Nagercoil in Kanyakumari district the Madras High Court Madurai Bench of Justice K. Ravichandrabaabu held that a Savings Bank Account maintained primarily for the purpose of depositing monthly pension amount could not be attached by a bank just because the account holder had defaulted repayment of a loan availed from them. The petitioner had challenged an order passed by the State Bank of India on August 13 preventing her from operating the pension account for recovering the outstanding loan amount.

The counsel for the petitioner Mr.P.Thirumahilmaran submitted that the bank had deducted about Rs.14,681 from the petitioner’s pension account after preventing her from operating the account. It was argued on behalf of the petitioner that putting an S.B. account on hold by passing such an order was impermissible in law as pension amount cannot be attached or recovered for the purpose of recovery of any outstanding amount payable by the petitioner. In support of such contention, the petitioner relied on a decision of the Supreme Court reported in Radhey Shyam Gupta Vs. Punjab National Bank and another wherein the Apex Court had criticized the Rajasthan High Court for ordering attachment of even Fixed Deposits without giving attention to the fact that the loan defaulter in that case had actually converted his pension and gratuity amount into fixed deposits. The bank on its part submitted that as there is outstanding dues to the tune of Rs. 2,18,09,971/- and that they were left with no other option except to pass the impugned order. After hearing the rival submissions the court concurred with arguments of the counsel for the petitioner and observed that “if there is any outstanding due payable by the petitioner, it is for the respondent bank to work out its remedy in the manner known to and permissible by law before the appropriate forum. Without doing so, resorting to attach the pension amount by way of passing the impugned order is impermissible.” The judge set aside the bank’s order and directed it to permit the petitioner to operate the account without any hindrance. 

Read the order here.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27.11.2015

C O R A M

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

W.P.(MD) No.l7838 of 2015

and

M.P.(MD).No.l of 2015

A.Muthuiruvakkal ... Petitioner
Vs.

1. The State Bank of India,
Stressed Assets Recovery Branch (SARB),
No.8, Dr.Ambedkar Road,
Vinayaganagar Branch (Upstairs),
Madurai-625 O20,
rep.by its Assistant General Manager

2.The Branch Manager,
State Bank of India
Kariapatti Taluk,
Virudhungar District.

3.The Branch Manager,
State Bank of India,
Nagercoil Branch,
Nagercoil ... Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus ix) call for tine records of the first respondent impugned order dated 13.08.2015 and. quash the same insofar as put on hold in SB A/c.No.113198l0470 for an amount CHE Rs.25 Iakhs on account of recovery' of the dues to the bank and consequently direct the second respondent to credit the amount of Rs. l4,68l/- if any in future with interest which was already deducted in the SB Account of the petitioner.

For Petitioner : Mr.P.Thirumahilmaran

For R.l : Mr.S.Sethuraman

For R.2 to 5 : No appearance

ORDER

The petitioner is aggrieved against the order of the first respondent dated 13.08.2015 whereby, her Saving Bank Account No.11319810470 dealing only in respect of her pension amount was put

on hold for the purpose of recovery of an outstanding of loan amount.

2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials placed before this Court.

3. It is the contention of the learned Counsel appearing for the petitioner that the present impugned order passed is in effect attaching the pension amount of the petitioner lying in S.B.Account No.11319810470 by putting such an account on hold, which is impermissible in limb as pension amount cannot be attached or recovered for the purpose of recovery of any outstanding amount payable by time petitioner. In support of such contention, the learned Counsel relied on a decision of the Supreme Court reported in (2009) 1 SCC 376', Radhey Shyam Gupta vs. Punjab National Bank and another.

4. The learned Counsel for the respondents though. admitted. that time said. Saving' Bank .Account

which was put on hold in the impugned order is in respect of the amount only dealing with the pension of the petitioner, has however submitted that as there is a outstanding dues to the tune of Rs.

2,18,09,97l/- as on 03.08.2015, the respondents bank has left ‘with no other option. except to pass the

present impugned order.

5. The question now that arises for consideration before this Court is as to whether the respondent bank is justified in attaching the pension amount of the petitioner by passing the present impugned order for realization of the outstanding dues, as claimed by the respondent bank.

6. It is well settled that attachment of pension amount cannot be made for realization of any outstanding. In this aspect, the above decision of the Apex Court relied on by the learned Counsel

appearing for the petitioner can be usefully quoted, wherein, in paragraph. No.33, time Supreme Court has observed that the pension and gratuity amount should not attached under the provision of the Code of Civil Procedure. Paragraph No.33 reads as follows:-

“33. However, we are also of the ‘view that having regard to proviso (g) to Section 60(1) of the Code, the High Court committed a jurisdictional error in directing that a portion. of time decretal amount; be satisfied frmn the fixed deposit receipts of the appellant held fur the Bank. The High. Court also erred in placing the onus on the appellant to produce time Matador in question for being auctioned for recovery of the decretal dues. In other words, the High Court erred in altering the decree of the trial Court in it revisional jurisdiction, particularly, when the pension and gratuity of the appellant, which had been converted into fixed deposits, could not be attached. under the provisions of the Code of Civil Procedure. The decision in Jyothi Chit Fund case has been considerably watered down by later decision which have been indicated in para 22 hereinbefore and it ‘has been held that gratuity payable would not be liable to attachment for satisfaction of a court decree in view of proviso (g) to Section 60(1) of the Code.”

7. Therefore, if there is any outstanding due payable by the petitioner, it is for the respondents bank to work out their remedy to recover the said amount, in the manner known to and permissible by law, before the appropriate forum. Without doing so, resorting' to attach time pension amount by way of passing the impugned order is impermissible.

8. Accordingly, this wait petition is allowed and time impugned order is set aside. Consequently, the respondent bank is directed to permit the petitioner to operate the said Saving Bank Account referred. to above, without any hindrance. No costs. Consequently, connected miscellaneous petition is closed.

27.11.2015

Index :Yes/No

Internet : Yes/No

ssm

K. RAVICHANDRABAABU, J

ssm

To

1.The State Bank of India,

Stressed Assets Recovery Branch (SARB),

No.8, Dr.Ambedkar Road,

Vinayaganagar Branch (Upstairs),

Madurai-625 020,

rep.by its Assistant General Manager

2.The Branch Manager,

State Bank of India

Kariapatti Taluk,

Virudhungar District.

3.The Branch Manager,

State Bank of India,

Nagercoil Branch,

Nagercoil.

W.P.(MD) NO.17838 of 2015

27.11.2015

Col lamba ( one man army)

[Tri Services Veteran]

Simplification of Income Tax Forms 15G and 15H

CBDT Notification on Simplification of Income Tax Forms 15G and 15H

Central Board of Direct Taxes, Directorate of Income-tax(Systems) has issued a Notification regarding simplification of procedure for Form No.15G & 15H.

F.No.: DGIT(S)/CPC(TDS)/DCIT/15GH/2015-16/14425-556

Government of India

Ministry of Finance

Central Board of Direct Taxes

Directorate of lncome-tax(Systems)

New Delhi.

Notification No. 4/2015

New Delhi, 1st of December 2015

Subject: Simplification of procedure for Form No.15G & 15H – regarding

 Section 197A of the Income tax Act provides for no deduction in certain case by submitting a declaration using Form I5G/I5H as laid down in Rule 29C of the Income tax Rules. The manner of filing such declaration and the particulars have been laid down in Rule 29C of the Income tax Rules. The person responsible for paying any income of the nature referred to in sub section (1) or sub section (1A) or sub section (1C) of section 197A (hereinafter called “payer”) shall enable the payee to furnish the declaration in electronic form after due verification through an electronic process. The declarant shall mandatorily quote his/her PAN in the declaration form I5G/H in accordance with the provisions of section 206AA(2).

 

A unique identification number shall be allotted to declaration (paper /electronic). The payer shall digitize the paper declaration and upload all declarations (including electronic declaration and digitized declaration) received during a particular quarter at departmental site (www.incometaxindiaefiling.gov.in) on quarterly basis. Further, clause 5 of rule 29C provides that the payer shall also furnish transactions covered under 15G/15H declarations in quarterly TDS statement in accordance with the provisions of clause (vii) of sub rule (4) of rule 31A irrespective of the fact that no tax has been deducted in the said quarter.

 

In exercise of the powers delegated by the Central Board of Direct Taxes (Board) under sub para (7) of para 2 of Notification issued vide 5.0. No.2663(E) dated 29th September 2015, the Principal Director General of Income-tax(Systems) hereby specifies the procedure, formats and standards in this regard as under

 

1. Furnishing and verification of the electronic declaration :

 

Rule 29C enables the payer to receive electronic declaration after due verification through an electronic process. The payer shall be responsible for proper verification of the declarant through an electronic process and shall implement the verification process after due diligence to ensure non- repudiation of the declarant. The payer shall archive log of all electronic activities in the process of furnishing of electronic declaration and the payer shall be responsible to establish the identity and credentials of the declarant in case of any dispute. The declarant shall mandatorily quote his/her PAN in the declaration form ISG/H in accordance with the provisions of section 206AA(2).

 

2. Allotment of UIN (Unique Identification Number):

2.1 UIN shall consist of following three fields (a), (b) & (c):
a) Sequence Number (10 alphanumeric for Form 156/15H) given as follows;

15G	15H
10 alphanumeric characters starting with G followed by 9 digits(Eg. 6000000001)	10 alphanumeric characters starting with H followed by 09 digits(Eg. H0000000001)

b) Financial year for which declaration is being furnished
c) TAN of the payer

2.2 Paper declaration shall be digitized by the payer and the same shall bear sequence number out of the same “running sequence number(Field ‘a’ of UIN) series”, as used for online submission.

2.3 UlN running sequence number series shall be reset to 1 in case of each TAN of the payer at the start of each F.Y.

 3. Furnishing or making available the declaration to the income-tax authority :

3.1 The payer will upload, the 156 and 15H declarations (digitized/electronic) received during a quarter, on quarterly basis, in the given file format on the e-filing site (www.incometaxindiaefiling.gov.in).

3.2 In addition to the above, the payer shall quote “sequence number” (Field ‘a’ of UIN) in quarterly TDS statement against the transaction covered under ISG/H declaration in accordance with the provisions of clause (vii) of sub rule (4) of rule 31A irrespective of the fact that no tax has been deducted in the said quarter.

 4. Reconciliation Mechanism :

4.1 The payer will be responsible for reconciliation of the allotted UlNs vis-a vis reported UINs to the ITD through reporting in quarterly TDS statement as well as through upload of declarations on quarterly basis.

4.2 The payer shall file exceptional report for the following UlNs: a) UlNs not reported in TBS statements b) UlNs not uploaded on ITD website. The format of the report will be made available at the departmental website separately.

(Ps. Thuingaleng)

Dy. Commissioner of Income Tax (CPC-TDS)

O/o The Pr. Director General of Income-tax (Systems)

Download CBDT Notification 4/2015 dated 01.12.2015

Arrears of Pension : JCO/NCO/OR - Brig CS vidyaSagar

 

Forwarded mail from Brig CS vidyaSagar is  for your deliberate reading  and if deemed fit do the following  :-

(a) Educate JCO/NCO/OR & Their Family pensioners on this issue :-

 

(i) After getting the arrears credit in to bank,  Give the annexed letter to your bank -get their receipt on your personal copy of the letter ; 

 

(ii) Collectively organise for a AFT-litigation ( you can do it yourself in smaller group or you could join TSEWA for a centralised litigation .The advantage of TSEWA would be :lesser per head cost and you dont have to run around  the court and Advocate )  .   My personal Request to such groups would be , who ever files the AFT case also should include  the term (.............     & all All family pensioners of Defence forces ). This will ensure that all our unfortunate and ill informed Veer Naris  too get automatically covered in the judgement.

 

Dear JCOs, NCOs and OR,

 

1.         I am getting complaints from many JCOs, NCOs and OR that their Banks have told them that pension arrears will be paid to them by end of Oct 2015 or middle of Nov 2015 as per tables of Circular 547 and 549. I have gone through these two circulars very carefully and few times. These circulars were issued to comply with judgment of hon’ble Supreme Court on fixation of pension and have nothing to do with your pension arrears. If your banks pay arrears as per these circulars you will get less pension arrears. Reason is very simple. The pension shown in circular 547 is more than what is actually paid to you as per Circular 397 as on Jan 2006. So you will get less pension arrears.

 

2.         Experts from one or two ESM Associations are supporting the stand of Banks. One expert even calculated pension arrears of a Sepoy as low as Rs 14,500. It is just ridiculously low figure.

 

3.         You have to understand the meaning of Arrears. Arrears = What should have been paid to you in Jan 2006 as per circular 501 - What was actually paid to you on January 2006 as per Circular 397 for the period Jan 2006 to 30 Jun 2009. Thereafter it is what is to be paid to you as on 24 Sep 2012 – what was actually paid to you as per circular 430 for the period 01 Jul 2009 to 23 Sep 2012.

 

4.         Let me make it very clear so that everyone understands. You were paid pension w.e.f Jan 2006 vide Circular 397 contained in Govt of India, Ministry of Defence letter No:17(4)/2008(1)/D(Pen/Policy) dated 11 Nov 2008. Then your pension was enhanced w.e.f. 01 Jul 2009 vide Circular 430. Final enhancement of pension for all except Nb Sub X & Y gps, Sub X & Y Gps and Sub Maj Y gp was made w.e.f. 24 Sep 2012.

 

5.         Let us take a simple example of Sepoy of group ‘Y’ with 15 years’ service who retired prior to 10 Oct 1997 and post 10 Oct 1997 and understand what should be his pension arrears from Jan 2006 to 23 Sep 2012.

 

Pre 10 Oct 1997 Pensioner

            (a)       Pension actually paid to him w.e.f. Jan 2006           =          Rs  3,500

            (b)       Pension actually paid to him w.e.f. Jul 2009             =          Rs 4,603

            ©         Pension actually paid to him w.e.f. 24 Sep 2012       =          Rs 5,102

            (d)       Arrears of pension from Jan 2006 to 30 Jun 2009     =          Rs 73,724

                        including Dearness Relief (DR) every six months

            (e)       Arrears of pension from Jul 2009 to 23 Sep 2012     =          Rs 28,752

                        including Dearness Relief (DR) every six months

            (f)        Total Arrears from Jan 2006 to 23 Sep 2012             =          Rs 1,02,476

 

 

Post- 10 Oct 1997 Pensioner

            (a)       Pension actually paid to him w.e.f. Jan 2006           =          Rs 3,748

            (b)       Pension actually paid to him w.e.f. Jul 2009             =          Rs  4,603

            ©         Pension actually paid to him w.e.f. 24 Sep 2012       =          Rs 5,102

            (d)       Arrears of pension from Jan 2006 to 30 Jun 2009     =          Rs 62,311

                        Including Dearness Relief (DR) every six months

            (e)       Arrears of pension from Jul 2009 to 23 Sep 2012     =          Rs 28,752

                        Including Dearness Relief (DR) every six months

            (f)        Total Arrears from Jan 2006 to 23 Sep 2012             =          Rs 91,063

 

6.         You must know why this much difference in pension arrears just because of date of retirement. It is because Sepoy who retired prior to 10 Oct 1997 was paid pension of Rs 3,500 hence his arrears are more where as a Sepoy who retired after 10 Oct 1997 was paid higher pension at Rs 3,748 hence his pension arrears are less.

 

7.         PCDA(Pensions) Allahabad very cleverly confused banks by issuing circular 547. The para 3 of this circular says very clearly states whichever is more beneficial to pensioners, banks are to calculate and pay pension arrears. So tomorrow banks pay you less pension arrears and you get less pension arrears from Jan 2006 to 23 Sep 2012, as per RBI Circular or AFT judgment banks are responsible for this fault and PCDA(Pensions) Allahabad is safe. Banks will be asked by AFTs as to why pensioners were not paid pension arrears correctly and will be imposed fine @ 10% of total arrears. So banks are the losers and PCDA(Pensions) Allahabad by inserting clause in para 3 in Circular 547 is safe. Please read Para 3 of circular 547 to understand what I am saying. The stock answer of PCDA (Pensions) Allahabad is “We told them in para 3 to work out pension arrears whichever is beneficial to pensioners and banks have failed to adhere to our instructions. So we are not responsible for less payment of pension arrears by banks.” Hence banks will be held responsible for paying you less pension.

 

8.         What would be your loss? Let me also work out this for you. Again take the case of Sepoy of Group ‘Y’ of 15 years’ service retired prior to 10 Oct 1997 and post – 10 Oct 1997.

 

Discharged Prior to 10 Oct 1997

 

PENSION PAID AS PER CIRCULAR 397 w.e.f JAN 2006

 

PENSION SHOWN AS PER CIRCULAR 547 w.e.f JAN 2006

 

LOSS OF PENSION ARREARS PER MONTH

 

LOSS FROM JAN 2006 TO 30 JUN 2009

3,500

3,883

383

17,626

 

Discharged On or After 10 Oct 1997

 

PENSION PAID AS PER CIRCULAR 397 w.e.f JAN 2006

 

PENSION SHOWN AS PER CIRCULAR 547 w.e.f JAN 2006

 

LOSS OF PENSION ARREARS PER MONTH

 

LOSS FROM JAN 2006 TO 30 JUN 2009

3,748

3,883

135

6,213

 

9.         What Should You then Do?

 

            If you are willing to lose arrears as mentioned above, then do nothing.

 

But if you want entitled pension arrears then you have to do something. Let banks pay you less pension than what I have already informed you through my 26 tables. Collect your pension arrears and do not argue with your bank that they paid you less. Banks will always tell you that their CPPCs gave them the figures and they know nothing as to how your pension arrears are worked out. They just implemented the orders of their higher authorities.

 

10.       I have given a sample letter at the end of this mail. Send that letter to the bank after you received your pension arrears. Wait for one month for the bank to reply to you.  I know they will tell you that they paid you pension arrears correctly as per Circular 547. Then you have two choices.

 

Choice 1. Collect some veterans in your area and go to nearest AFT and file a case for getting correct pension arrears.

 

Choice 2. Approach TSEWA (Tri Services Ex-Servicemen Welfare Association) to fight your case and get your correct pension arrears. When we file the case in AFT Delhi or regional AFTs depending how many of you come to us, we will demand a penalty to be levied @ 10% of arrears from date of payment of arrears by banks in addition to payment of correct pension arrears. This will come to Rs 27,600 for those Sepoys retired prior to 10 Oct 1997 and Rs 16,200 for those Sepoys who retired on or after 10 Oct 1997. Your legal expenses will be worked out after consulting our advocate. In any case, I reckon you will not be asked to pay more than Rs 3,000 and family pensioners not more than Rs 1,000 if the number of litigants for each AFT is 500.

 

11.       Please see how cleverly Ministry of Defence will pay you less pension arrears by issuing Circular 547 and 549.These circulars, I reiterate having nothing to do your pension arrears as you were not paid pension w.e.f Jan 2006. These tables in Circular 547 are worked out in Aug 2015 where as your pension w.e.f Jan 2006 came to you from Nov 2008. Then what is the significance of Circular 547 for your pension arrears? Do think over it.

 

12.      Do you realise how the same banks paid pension arrears to Officers and family pensioners of Officers by 17 Oct 2015 and till today JCOs, OR and family pensioners of JCOs & OR are not paid pension arrears? You have to understand game plan of low level babus in Min of Def. The game plan is very simple. Officers are just 5% where as JCOs, OR and their family pensioners are 95%. If you pay even Rs 10 less to this 95% majority then Govt of India will save Crores. When the mischief is detected by AFTs and hon'ble Supreme Court then many of JCOs , OR and family pensioners would have died. The Courts take 3 to 10 years to catch their mischief. Till then Govt of India does not have to bother.  That is the reason Circular 548 for Officers does not contain any confusion. Circular 548 for Officers simply says " Banks work out pension arrears. For pension as on Jan 2006 : Read 24 Sep 2012". So it so easy for banks to calculate pension arrears for Officers. But for JCOs and OR you create massive confusion to banks by inserting Circulars 547 and 549 which have no meaning to pension arrears. If JCOs and OR agitate it is the banks who are responsible for payment of less pension arrears and they will face music from pensioners. Because para 3 of Circular 547 says so. 

 

13.       Action as suggested at para 10 of this mail is your prerogative. I leave the choice to you.

Regards,

 

Brig CS Vidyasagar (Rtd)

                                                                                                          

SAMPLE LETTER TO BE GIVEN TO YOUR BANK. PLEASE AMEND WITH YOUR ACUTAL DATA AND DO NOT JUST COPY IT

                       

                          By Speed Post

 

File No: AS/Pension dated 15 Nov 2015

 

From

Service Number , Rank Name 

Address 

 

To

The Branch Manager

Bank Nname

Address 

 

 

PAYMENT OF LESS PENSION ARREARS FROM JANUARY 2006 TO 23 SEP 2012

 

Sir,

 

1.         Refer to my Bank account no: _______________________ in your branch.

 

2.         I thank you for paying me Rs __________________as pension arrears from January 2006 to 23 Sep 2012. When I enquired from you as to why you paid me less arrears you informed me that this figure has been given to you by CPPC based on Circular 547 of PCDA (Pensions) Allahabad.

 

3.         I respectfully submit to you that Circular 547 has been issued to comply to hon’ble Supreme court judgment and has nothing to do with my pension arrears. You paid me pension w.e.f Jan 2006 vide Circular 397 which is less than what is shown in Circular 547. When you did not pay me my pension w.e.f. Jan 2006 as per circular 547 then how come you are working out pension arrears based on Circular 547?

 

4.         For your information, Sir, arrears are = What I should get – What I actually got

 

5.         To explain further what I should have got is :

 

pension as on January 2006 should have been paid as per amount shown in Circular 501. Therefore the difference or arrears is = pension that should have been paid to me as per Circular 501 – What you paid as per Circular 397 for the period Jan 2006 to 30 Jun 2009 + Pension as per Circular 501 – Pension actually paid as per Circular 430 for the period 01 Jul 2009 to 23 Sep 2012.

 

6.         Therefore my pension arrears come to Rs -----------------(this I will work out for you) and not Rs -----------what you paid to me (this is known to you).

 

7.         Sir, If you fail to pay me my entitled arrears within seven working days from date of this representation from me, I am constrained to approach Armed Forces Tribunal Chandigarh to get my entitled arrears with penalty of 10% interest from today till you actually pay me my arrears.

Regards,

                                                                                                                        Yours Faithfully,

                                                                                                                         (sd)   xxxx

                                                                                                                         Rank Name 

Place : 

 

Date :