Massive Demonstration Of Government Employees At Jantar Mantar, New Delhi, Demanding Restoration Of Old Pension Scheme

In compliance with the program determined unanimously in the National Convention of “Joint Forum for Restoration of Old pension Scheme (JFROPS)” held on January 21, 2023 in New Delhi, all Central Government employees of Delhi State, including Railway employees and state level employees and teachers and employees of other local bodies, etc. organized a massive demonstration today at Jantar Mantar in New Delhi demanding restoration of the old pension scheme.

General Secretary of AIRF Shri Shiva Gopal Mishra, Confederation leader Shri Giri Raj Singh, President NRMU Shri S K Tyagi, Assistant General Secretary/NRMU Shri Mohammad Rafiq, Delhi Divisional President Shri Rajendra Bhardhaj, Divisional Secretary Shri Anoop Sharma, Divisional Secretary Headquarter Division Shri Sanjeev Saini, Mr. Jaydev Dahiya from CGHS, Shri Suresh Kumar from CDRA was present on the dais. Apart from this, leaders of other government departments, leaders of central and state government departments and leaders of other organizations were also present on the stage.

Addressing thousands of railway employees and other government employees involved in this demonstration, JFROPS coordinator and AIRF General Secretary Shri Shiva Gopal Mishra said that the NPS implemented for government employees who joined government service after January 01, 2004 is a hoax, It has been proved and the employees who are retiring today after completing more than 18 years of service, they are getting monthly pension less than the old age pension under this scheme which is a great injustice to them. He further said that government employees serves in various departments of the country for 30 to 40 years and make significant contribution to the progress of the country, but the pension they will get on retirement under NPS completely destroys their social security and will make a difference because the results that are coming out so far are very disappointing.

General Secretary Mr. Mishra stressed that at present a large number of youths have been appointed in Indian Railways and other government departments, whose appointments have been made after 01.01.2004 and all of them are affected to this NPS (New Pension Scheme) and being dissatisfied, So All the government organizations together formed JFROPS so that the demand to bring the government employees appointed after 01.01.2004 also under the old pension scheme could be strongly raised and in this order, today in the capitals of the whole country Demonstrations are being organized and the government is being demanded to ‘Restore the Old Pension Scheme’ for all. Mr. Shiva Gopal Mishra further said that in next month we are going to gather again in lakhs and surround the Parliament. The government should Restore the Old Pension Scheme in time.

On this occasion, the leaders of other organizations, keeping their respective views, strongly raised the demand of the government to cancel NPS and restore the old pension scheme and warned the government that their demand is justified and if this demand is not accepted, then all the government employees will be forced to intensify the movement.

Later, a memorandum to this effect was submitted to the Hon’ble Lt. Governor of Delhi. The content of the letter is given below for the benefit of www.indianpsu.com –

JOINT FORUM FOR RESTORATION OF OLD PENSION SCHEME(NJCA)

4, State Entry Road New Delhi – 110055.

No.JFROPS(NJCA)/2023 Dated: June 21, 2023

Hon’ble Lt. Governor of Delhi,
Government of National Capital Territory of Delhi,
3rd Level, Delhi Secretariat, I.P. Estate,
New Delhi

Sub: Memorandum demanding Restoration of the Old Guaranteed Pension Scheme under CCS Pension Rules, 1972, scrapping NPS for all the Government Employees irrespective of their date of appointments

Respected Sir,
The Old Guaranteed Pension Scheme, governed by the Central Civil Services (Pension) Rules, 1972, in case of the Government Employees, was introduced after sustained demands from all the sections of the Government Employees, including the Railwaymen, through their respective organizations, as a measure of Social Security in old age after the superannuation. This scheme was working well and providing adequate relief to the Pensioners. However, the Government discontinued the said Old Guaranteed Pension Scheme for those Government Employees who were appointed on or after 01.01.2004, and a National Pension System(NPS) was introduced for them. Under the NPS; the employees have to contribute 10% of their salaries, and initially equal amount was being contributed by the Government(The Employer) to create the Corps for payment of the Pension after the retirement of the Employees.

Subsequently, the contribution of the Government was enhanced from 10% to 14% w.e.f. 01.04.2019. Although, employees’ organisations were opposing introduction of the NPS tooth and nail, and demanding Restoration of the Old Guaranteed Pension Scheme for all the Government Employees irrespective of their date of appointment, however, the then Government argued that the NPS would be more beneficial for the employees, even better than the OPS.

Now, after passing of more than 19 years’ time after introduction of the NPS, its results are visible as some of the Government Employees, who were appointed on or after 01.01.2004 and are retiring during these days after completion of more than 18 years’ service, only a meagre amount is being paid to them as “Pension” ranging from Rs.2,000 to 4,000 p.m.

It may be appreciated that, such a meagre amount, as “Pension”, is not enough to meet the requirements of the people in their old age and they are putting to acute hardship on this account. It would not be out of context to mention here that, in case of the Old Pension Scheme, 50% of the last pay drawn or an average of the last 10 months additional basic pay, whichever is beneficial, is paid as “Pension” on completion of 10 years regular service in the Government.

The 5th CPC, while fixing the pay-scales and other perks, made its recommendations on the basis that the Central Government Employees would continue to be governed by the Defined and Guaranteed Old Pension Scheme under the CCS(Pension) Rules, 1972, as such, wage structure was determined by the 5th CPC on the premise that the Pension liability shall be that of the Government, and therefore, no contribution for Pension was to be paid by them. While opposing introduction of the NPS, Staff Side Organisations also suggested that the existing “Defined and Guaranteed Old Pension Scheme”, under CCS(Pension) Rules, 1972 should continue, and the Contributory Pension Scheme, introduced by the Government, should be an additional Social and Old Age Security Option for the employees, as such the same should be made voluntary in character.

It is worthwhile to mention here that, after several rounds of discussion with the Staff Side, finally on 14.12.2007, in the Standing Committee Meeting of the National Council(JCM), Chaired by the Secretary (DoP&T), the Official Side gave the following assurance:- “The Official Side stated that, under the NPS, Pension System of the employees who entered Government Service prior to 01.01.2004 is not altered in any way, hence the NPS has no implication for this category of employees. For employees who had entered with effect from 01.01.2004 are not likely to be worse off vis a vis the current pension system in force as the replacement rate would match to the present one. Thus, NPS is a win-win situation for employees and the Government”.

Employees’ organisations, however, were not convinced by the argument put-forth by the Official Side, as such continued their opposition by staging demonstrations etc. at various occasions, but unfortunately PFRDA Bill was ultimately passed by the UPA-II Government during its regime. Historic judgement, delivered on 17.12.1982 by Five-Member Bench of Hon’le Supreme Court of India, comprising of Hon’ble Chief Justice Y.V. Chandrachud, J.D.A. Desai, J.O. Chinnappa Reddy, J.V.D. Tulzapurkar and J. Bahrul Islam, which reads as under, is noteworthy:- “Para 31: From the discussion three things emerge – (i) that pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it creates a vested right subject to 1972 Rules which are statutory in character, because they enacted in exercise of powers conferred by the proviso to Art. 309 and Clause 50 of Art. 148 of the Constitution, (ii) that pension is not an ex-gratia payment, but it is a payment for the past service rendered, and (iii) it is a social welfare measure rendering socio-economic justice to those who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age they would not be left in the lurch.”

Your goodself are also aware of the fact that the Government Employees are contributing remarkably and substantially in increasing the GDP of the country by implementing policies of the Government in the field, and Railway Employees in particular are working hard round-the-clock in all weathers and climatic conditions to keep the wheel of the development of the country moving whereby all-round development of the country has been taking place. We, the Central, State and other Government Employees, holding peaceful dharnas in all the State Capitals of the country as well as in the National Capital Territory of Delhi, would earnestly request your goodself to use your good offices to convince the Government to restore the Old Guaranteed Pension Scheme instead of the NPS (scraping the NPS) as the outcome of the NPS is highly retrograde for the Government Employees and virtually ceases to provide Social Security to them after their superannuation from the Government Services. Your goodself is also requested to forward our demands, with the recommendations to the Union Government for sympathetic consideration.

With Kind Regards,

Sincerely yours,

(Shiva Gopal Mishra)

Convener