Types of Pension Grievances
Pension grievances in Asansol typically fall into several categories. The first is incorrect calculation of pension. Under the Central Civil Services (Pension) Rules, 1972 (as amended), pension is calculated as 50% of the last drawn emoluments (basic pay + dearness allowance) for employees with 33 years of qualifying service, pro-rata for shorter service. Disputes arise when the pension sanctioning authority uses the wrong pay scale, excludes certain emoluments, or applies the wrong formula, resulting in a lower pension.
The second category is denial of pension benefits, such as denial of pension on grounds of disciplinary proceedings, denial of commutation of pension, denial of dearness relief, or denial of pension on voluntary retirement. Under the CCS (Pension) Rules, a government employee who has completed 10 years of qualifying service is entitled to pension, and the government cannot deny pension except in cases of dismissal after disciplinary proceedings where the dismissal specifically provides for forfeiture of pension.
The third category is family pension disputes. Under Section 9 of the CCS (Pension) Rules, the family pension is payable to the spouse of the deceased employee, and after the spouse, to dependent children and parents. Disputes arise over the eligibility of family members, the quantum of family pension, the commencement of family pension, and the continuation of family pension for children with disabilities. The fourth category is delayed payment of pension and arrears, including the delayed issuance of the Pension Payment Order (PPO) and delayed payment of gratuity and commutation.
Filing a Grievance on the CPENGRAMS Portal
The Central Pension Grievance Redressal and Monitoring System (CPENGRAMS) is the online portal of the Department of Pension and Pensioners' Welfare for filing and tracking pension grievances of central government employees. The portal (pgportal.gov.in) allows pensioners to file grievances relating to pension calculation, delayed payment, denial of benefits, and other pension-related issues. The grievance is forwarded to the concerned department (the ministry or the PSU) for resolution within a prescribed timeframe (typically 30 to 60 days).
To file a grievance on CPENGRAMS, the pensioner must register on the portal with their PPO number, name, and contact details. The grievance must specify the issue, the PPO number, the department, and the relief sought, along with supporting documents (the PPO, the pension calculation sheet, the correspondence with the department, and the relevant rules). The portal assigns a grievance registration number, which can be used to track the status and to escalate the grievance if not resolved.
If the department does not resolve the grievance within the prescribed timeframe, or if the resolution is unsatisfactory, the pensioner can escalate the grievance to a higher level through the portal. The escalation goes to the department's nodal officer, then to the secretary of the department, and finally to the Department of Pension and Pensioners' Welfare. The CPENGRAMS portal has significantly improved the accessibility of the grievance redressal mechanism, and many grievances are resolved at the departmental level without the need for litigation.
Filing an Application Before the CAT
If the pension grievance is not resolved through CPENGRAMS or the departmental mechanism, the pensioner can file an application before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunals Act, 1985. The CAT has jurisdiction over pension disputes of central government employees and PSU employees. For pensioners from Asansol, the application is filed before the Kolkata bench of the CAT.
The application must specify the pension dispute, the relief sought (correct calculation of pension, payment of arrears, grant of family pension, etc.), and the supporting documents (the PPO, the pension calculation sheet, the CPENGRAMS grievance number and the department's reply, the relevant CCS (Pension) Rules, and the service records). The application must be filed within 1 year of the cause of action under Section 19(3) of the Act, though the CAT can condone delay for sufficient reasons.
The CAT can direct the department to correct the pension calculation, pay the arrears with interest, grant the family pension, or take any other appropriate action. The CAT can also grant interim relief, such as a direction to continue paying the provisional pension pending the final disposal of the application. The CAT's order is binding on the department, and an appeal lies before the Calcutta High Court under Article 226 of the Constitution within 90 days.
Pension Revision and the 7th CPC
Pension revision is a common grievance, particularly after the implementation of the 7th Central Pay Commission (CPC). Under the 7th CPC, pensions of pre-2016 pensioners are revised by multiplying the basic pension by a factor of 2.57 and adding the dearness relief. The revised pension is payable from January 1, 2016. Disputes arise when the pension sanctioning authority does not apply the correct revision formula, uses the wrong basic pension as the starting point, or fails to pay the arrears.
For state government employees in West Bengal, the pension revision is based on the state's pay commission recommendations, which may differ from the central government's revision. The state government may not have implemented the same revision formula, and pensioners should check the applicable state government orders for the correct revision formula. If the state government has not revised the pension, the pensioner can file a grievance with the state government or a writ petition before the Calcutta High Court.
The Supreme Court has held in DS Nakara v. Union of India (1983) that pension is a right, not a bounty, and that pensioners are entitled to revised pension on the same basis as serving employees. This means that if the serving employees get a pay revision, the pensioners are entitled to a corresponding pension revision. The pensioner should ensure that the pension revision has been carried out in accordance with the applicable pay commission recommendations and should file a grievance or an application before the CAT if the revision is not correctly implemented.
Family Pension Disputes
Family pension is payable to the spouse of the deceased government employee under Rule 54 (formerly Section 9) of the CCS (Pension) Rules, 1972. The family pension is calculated as 30% of the last drawn emoluments, subject to minimum and maximum limits. After the spouse, the family pension is payable to dependent children up to the age of 25 (or for life in case of disabilities), and to dependent parents.
Disputes over family pension commonly arise when the department refuses to grant family pension to a second wife, to children born of a second marriage, to parents who are claimed to be dependent, or when the department delays the commencement of family pension after the death of the employee or the spouse. The department may also dispute the eligibility of the claimant on grounds that the marriage was not valid, that the children are not dependent, or that the parents have independent income.
To resolve family pension disputes, the claimant should file a claim with the pension sanctioning authority with the death certificate, the marriage certificate, the birth certificates of children, the dependency certificate (for parents), and the PPO of the deceased employee. If the authority rejects the claim, the claimant can file a grievance on CPENGRAMS, approach the CAT, or file a writ petition before the High Court. The courts have generally taken a liberal view of family pension, recognizing the right of the spouse and dependent children to the pension, and have directed the departments to grant family pension with arrears and interest in cases of wrongful denial.
Writ Petition Before the Calcutta High Court
In addition to the CAT, a pensioner from Asansol can file a writ petition before the Calcutta High Court under Article 226 of the Constitution for pension grievances. The writ petition is the appropriate remedy where the department has violated the CCS (Pension) Rules, has acted arbitrarily, or has denied a fundamental right. The High Court can direct the department to correct the pension calculation, pay arrears, grant family pension, or take any other appropriate action.
The writ petition is particularly effective for state government pensioners, as the CAT does not have jurisdiction over state government employees. State government pensioners must approach the High Court for pension disputes, as the civil courts generally do not have jurisdiction over service disputes of government employees (under the doctrine of exhaustion of alternative remedies, though this is not absolute).
The writ petition should be filed within a reasonable time of the cause of action. The High Court can grant interim relief, such as a direction to pay provisional pension pending the disposal of the petition. The High Court's order is binding on the department, and an appeal lies before a Division Bench of the High Court and then to the Supreme Court. Engaging an advocate at Asansol who is experienced in service and pension law can help you assess the merits of your case and choose the appropriate remedy.