Ex-Gratia Payment for Post-1985 CPF Retirees

The Railway Senior Citizens Welfare Society (RSCWS) has sent an appeal letter to the Secretary, Personnel, Public Grievances & Pension, Government of India, requesting the removal of discrimination between CPF (Contributory Provident Fund) retirees who retired before and after December 31, 1985.

The RSCWS highlights that CPF retirees who retired before December 31, 1985, receive an ex-gratia payment of Rs.600 per month, along with dearness relief (DR). However, CPF retirees who retired after this date do not receive any ex-gratia payment, causing financial hardship.

The RSCWS argues that this distinction based on the retirement date is discriminatory and goes against the Constitution of India and previous court judgments. They emphasize that the number of CPF retirees who retired after December 31, 1985, is small, and granting them the ex-gratia payment would provide them much-needed relief without a significant financial implication. The RSCWS appeals for equal treatment and the removal of unjust discrimination for CPF retirees who retired after December 31, 1985.

Grant of Ex-Gratia Payment to CPF Retirees who retired after 31-12-1985

RAILWAY SENIOR CITIZENS WELFARE SOCIETY
(Estd. 1991, Regd. No. 1881 – Under Registration of Societies Act),
IDENTIFIED BY DOP&PW GOVT. OF INDIA – UNDER PENSIONERS’ PORTAL
MEMBER, SCOVA (STANDING COMMITTEE FOR VOLUNTARY AGENCIES)

No. RSCWS/HO/CHD/ Memo DOP&PW/2023-8

Dated: 13-6-2023

Secretary, Govt. of India,
Personnel, Public Grievances & Pension, 5th Floor, Patel Bhawan,
Patel Chowk, Parliament Street, New Delhi – 110001.

Dear Sir,

Subject: Grant of Ex-Gratia Payment to CPF Retirees who retired after 31-12-1985 – Appeal for removal of discrimination between CPF Retirees who retired upto 31-12-1985 & after 31-12-1985

Reference: DOP&PW OM No. 45/52/97-P&PW Dated: 16-12-1997.

  1. We invite your kind attention and seek early justice for the CPF (Contributory Provident Fund) Retirees who retired after 31-12-1985 and are suffering great hardship due to non- receipt of the Ex-gratia Payment as paid to those CPF Retirees who retired upto 31-12- 1985.
  2. Ex-Gratia Payment of Rs.600/- PM plus DR was granted, to CPF Optees who retired between 1-4-1957 to 31-12-1985 vide DOP&PW orders cited above. The amount of Ex- gratia Payment and DR thereon were revised from time to time. But no Ex-Gratia Payment has been granted to the CPF Optees who retired after 31-12-1985. This is unjust, discriminatory and causing continuous hardship to the post 31-12-1985 CPF Retirees.
  3. All CPF Retirees were recruited before 1-4-1957 and as such formed one class of employees. Any distinction between them on the basis of date of Retirement is discriminatory and violative of Articles 14, 16 and 39 of the Constitution of India as well as according to the Law of Justice settled in DS Nakra’s case and General Bains’ Case decided by the Apex Court of India.
  4. The number of surviving CPF Optees, who retired after 31-12-1985, is very small as all the CPF Optees joined service before 1-4-1957 and the last ones of such optees would have retired by 1997 or before that. As such, the financial implication of granting them Ex- Gratia payment would also be small but would do the much delayed justice to them and provide them the much needed relief .
  5. It is, therefore, requested that the CPF Optees who retired after 31-12-1985 and their Families be granted Ex-Gratia Payment & DR at par with the CPF Optees who retired upto 31-12-1985 and unjust discrimination and hardship may please be removed.

Yours’ truly,

(Harchandan Singh)
Secretary General,RSCWS

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