Civil Aviation Employees' Guild (India)

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YOU HAVE RIGHT TO KNOW – FREQUENTLY ASKED QUESTIONS ON LESS THAN 10 YEARS PENSION & CLARIFICATIONS THEREOF


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Q.1         Who are we?

Ans.  : We are Ex- Civil Aviation Department (CAD) employees working under Directorate General of Civil Aviation (DGCA), sent on mandatory deputation to NAA from 01.06.86 under Section 13(3) of NAA Act and permanently absorbed in NAA on 02.10.1989 with same terms & conditions of service as prevailing under DGCA. As on 02.10.89, we were having less than 10 years of service in CAD and are being denied Government pensionary benefit which is under the law.

 

Q2.         What were the form of options attached with the terms & condition of absorption?

Ans. :   The form of options attached with the terms & conditions of absorption as on 02.10.89 were:

A. For employees more than 10 years

  1. Draw pro rata pension monthly, or
  2. To draw lump-sum amount in lieu of 100% pro rata pension, or
  3. To be governed by the pensionary benefits available on retirement in accordance with the Central Government rules in force at that time.

B. For employees Less than 10 years

No option was given and as per the terms & conditions of absorptions, they will continue to be governed by the pensionary benefits available on retirement in accordance with the Central Government rules in force at that time.

As per OM 4/2/2010-P&PW(D) dated 30.08.2010 item no. 7 & 8 which are reproduced below:

7              “ in view of the above, it is reiterated that the permanent Govt. employees who were transferred en-masse to Airports Authority of India and had opted for pensionary benefits under Govt. rules, without considering the length of service ( Less or more than ten years) are eligible for pension under Government rules on their retirement on superannuation from Airport Authority of India”

8       “it is stated that no such option was offered to the en-masse transferred employees with less than ten years’ service. This appears to be not in conformity with the policy of the government on the subject contained in IM dated 5.7.1989.”

 

Q.3         What we want? Pro-rata pension or Full pension? Or something else.

Ans. :      We want to be covered under para 1(a) of the OM dated 5.7.89 as well as the terms and conditions of permanent absorption of CAD staff as issued by National Airports Authority (NAA). The relevant para is reproduced below:

“The permanent Government servants shall have an option to retain the pensionary benefits available to then under the Government rules or be governed by the rules of the Public Sector Undertaking/ Autonomous body”.

This option was never given to staff having less than 10 years’ service in CAD.

 

Q.4        Whether pro-rata pension has been given to any CAD absorbees?

Ans. :      Yes. It has been given to those who have completed 10 years of service in CAD as on 02.10.89 and have opted for pro-rata pension.

 

Q.5         What has been given to CAD employees having less than 10 years of service as on 2.10.89?

Ans.       Airports Authority of India is denying Constitutional right of Pension to CAD & CPWD absorbees. Pension is paid on the basis of total service rendered till retirement but AAI has fixed arbitrary condition that employees having less than 10 years of service on the date of absorption are not eligible for superannuation pension. NAA Employees CPF & Family Pension Regulation 1994 was imposed on CAD & CPWD absorbees for having less than 10 years of service in Government, whereas NAA ECPF Regulation 1994 being delegated legislation and notified under section 38 (4) of NAA Act is applicable to those employees who are recruited on or after 24.01.95.

GPF of CAD/ CPWD absorbees was unlawfully diverted to NAA CPF Trust constituted under rule 3 of NAA ECPF & Family Pension Regulation 1994 which was also dissolved in violation of section 18 (6) of  AAI Act. To cover up NAA CPF Trust, a new CPF Trust under EPF Act was constituted on 27.02.2009 retrospectively from 01.04.95

 

Q.6         Whether EPF & MP Act 1952 is applicable to Airports Authority of India?

Ans.       Yes it is applicable from 1.4.95 i.e. date of set up of Airports Authority of India.

 

Q.7         What are the rules governing pension of Govt. absorbees who have rendered less than 10  years in CAD as on 02.10.89?

Ans.      Pensionary benefits of absorbed employees are governed by OM No. 4/18/87-P&PW (D) dated 05th July 1989. In terms of para 1(a) of OM 05.07.89 absorbed employees of CAD & CPWD are eligible for superannuation pension under CCS Pension Rules 1972 on combined service rendered in Govt. & PSU, thus enabling the employees with less than 10 years of serviced an option to get pension as per Govt rules at the time of retirement from PSU.

Para 1(a) of Ministry of Civil Aviation letter No. 11013.05.87-NAA dated 22/9/1989 is reproduced below:

“The permanent Government servants shall have an option to retain the pensionary benefits available to them under the Government rules to be governed by the rules of the National Airports Authority. This option shall also be available to quasi-permanent and temporary employees after they have been confirmed in the National Airports Authority.”

 

Q.8         What are the rules governing pension of Govt. absorbees who have rendered more than 10 years in CAD as on 02.10.89?

Ans.       Para 1(d) of Ministry of Civil Aviation letter No. 11013.05.87-NAA dated 22/9/1989 which is reproduced below:

 

“The permanent Central Government servants who have completed 10 years of more of service and who opt for the retirement benefits of a PSU/Autonomous Body will receive pro rata retirement benefits for the service rendered under the Government.

 

Q.9         What is the surety that we will get this option for retaining Govt. pensionary benefit?

Ans.       Airports Authority of India has no option as it has already taken clarification from the Government and same thing has been reiterated As per OM 4/2/2010-P&PW(D) dated 30.08.2010 item no. 7 & 8 which is reproduced below:

7              “ in view of the above, it is reiterated that the permanent Govt. employees who were transferred en-masse to Airports Authority of India and had opted for pensionary benefits under Govt. rules, without considering the length of service ( Less or more than ten years) are eligible for pension under Government rules on their retirement on superannuation from Airport Authority of India”

8       “it is stated that no such option was offered to the en-masse transferred employees with less than ten years of service. This appears to be not in conformity with the policy of the government on the subject contained in IM dated 5.7.1989.”

 

Q.10       If option is given to CAD employees having less than 10 years of service under Para 1(a) of Ministry of Civil Aviation letter No. 11013.05.87-NAA dated 22/9/1989, whether they will get pension under CDA pay scales or IDA scales?

Ans.       Yes they will get pension on IDA pay scales as per Ministry of Civil Aviation letter no. AV11018/01/2000-AA dated 26th June 2001 which is reproduced below:

I am directed to say that various clarifications sought by the Principal Accounts Office in the case of pensioners who have been transferred from the DGCA and absorbed in AAI who opted for Govt. pension were under consideration in this ministry.

After detailed consultation with the department of pension & pensioners’ welfare, Dept. of Public Enterprises and the Integrated Finance division of this Ministry, the following decision has been taken:

i)                    Pension will be paid on IDA Pay scales.

ii)                   Special Pay will not be taken into account for calculation of emoluments for pension but increments will be taken into account


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