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Preetam Thakur (MHA)     27 October 2016

Altering pension records and omission to correct it

Learned Sirs/Madams; You may be aware that lakhs of Pensioners are being harrassed by the Pension Processing authorities to harness money or to avenge some grudge because they think it will be a civil case, the victim is very old, cannot afford to go to a tribunal 100s kms away or may not be aware what to do so he thinks it safe to hand some handsome sum to perpetrators.

 'A' retired 13 years ago. Wrong PIN code was entered in his home address as a result his PPO went to Chhateegarh instead of Himachal Pradesh. 'A' made requests and complaints to appropriate authorities and continued to request them to correct for FOUR YEARS. The responsible authorities,obviously angered and irritated, did not make corrections but instead issued a modified PPO quoting authority of irrelevant OM and downgraded the status of the employee to lower Group reducing the pension of the pensioner.

'A' is shocked on receipt of this unjust PPO and gets unconscious, high BP had to get medical treatment. 'A' is of the view that financial loss is minor thing but the criminal attitude of perpetrators might have inflicted similar mental torture to several pensioners and they will continue this practice if not dealt with for their criminal attitude, under relevant criminal law sections.

'A' has documentry proof of:
1. His several written requests.
2. The irrelevant OM of Govt of India quoted while amending the PPO.
3. Proof of postal journey of envelop through Chhatisgarh and back redirected on telephonic requests by 'A'.
4. Proof of his Service Category which is not responsibilty of the employee to prove but the employer to ascertain from their records.
5. Continued use of wrong PIN Code in his address.
Please advise:
1. Could this case be dealt with in a Criminal Court under IPC and related legislation.
2. If yes, can 'A' being a senior citizen, lodge FIR in Police Station under the jurisdiction of which his residence is located?
3. Will the trial be done by the nearest court having jurisdiction in the area of the victim 'A'?
With Thanks,

Preetam Thakur.



Learning

 12 Replies

Preetam Thakur (MHA)     28 October 2016

'A' has already exhousted all grievance redressal options available. THAT IS THE CAUSE OF IRRITATION  to concerned PAO to get irritated and reduced the pension of 'A' without assigning any reason.When lodgeds any grievance again a terse reply is received " YOUR GRIEVANCE HAS ALREADY BEEN DISPOSED".

That is why 'A' now looking for other option under criminal law.

Sudhir Kumar, Advocate (Advocate)     28 October 2016

What was he doing for 13 years and how he expects relief without going to court
1 Like

Sudhir Kumar, Advocate (Advocate)     28 October 2016

Why do you think that we know that lakhs of pensioners are harassed

Preetam Thakur (MHA)     30 October 2016

As already stated, 'A' has been repeatedly requesting record office, pension cell, POA, CPAO, Grievance Channel all these years when he first came to know of it in 2012. The grievance cell replied 3 years back that the "grievance has been disposed". There was no reason to 'NOT TO BELIEVE THAT GRIEVANCE CELL IS LYEING OR MISLEADING'. So he believed that correction has been done. It is only this month i.e. on 23.10.16 that he came to know that THE PIN CODE HAS NOT BEEN CORRECTED INSTEAD THE PENSION HAS BEEN REDUCED WITHOUT ANY PLAUSIBLE JUSTIFICATION. THIS COULD BE KNOWN ONLY WHEN ANY COMMUNICATION COMES AND PENSION RECEIVED.

Thanks all.

Preetam Thakur (MHA)     30 October 2016

The reasoning that lakhs of pensioners have been duped is based on the fact that there are 52 lakh Central Govt pensioners of which 102 live in the close vicinity of 'A" in District Bilaspur. Of them there are 23 who have this or that complaint. 11 have approached Tribunal. Other could not afford to do that because of old age, resource constaraint and distant location of Tribunal at Chandigarh. So as per the principle of probability every 5th pensioner is a victim of either negligence or grudge of perpetrators.

Thanks all learned gentlemen.

Preetam Thakur (MHA)     30 October 2016

@Ramesh Singh sir!
Have you tried/ attempted logging on https://persmin.nic.in/Pension_Rule_CCS(Pension)_1972, did you succeed?

That website is actually persmin.nic.in, yes it opens and takes the visitor to other links, but the 'grievance link' does not open always, a blank page stares at the visitor without anything :D

Preetam Thakur

Preetam Thakur (MHA)     31 October 2016

@Sudhir Kumar Dy Director sir! (please read the attachment also)

'A' retired 13 ago in old pay scale the pension was fixed correctly but PIN code was wrong.

"A" requested his PAO umpteenth times to correct the PIN Code but of no avail.

'A' continued to request that may have irritated the PAO they did not correct neither replied.

During the implementation of 6th cpc recommendation in 2012, his pension was fixed in lower payband than his actual payband. 'A' represented at appropriate time to appropriate authority and his Pension had to be elevated by PAO-- that further irritated the PAO and may be, they were on the look-out to reduce his pension again whenever any order for revision of any pension is issued by govt..

PAO got this apportunity when Memo Dated 6/4/16 (plz see attachment) was issued for revision of pension of pre-2006 pensioners-- delinking of revised pension from qualifying service of 33 years.

This has neither motivation nor relevance to revise pension of those pensioners who superannuated with maximum period of service that is 38 years in case of 'A' and his pension should not have been revised. In fact only his pension has been revised not of others who fall in the same category of pensioners.

His PIN Code has not been corrected even in this latest PPO issued and it reached 'A' after more than 1 month after having been redirected from the PO to which the wrong PIN Code pertains.

This is an act of willful negligence, mischief with intent to cause financial loss and mental injury to 'A'  with cunning perception that 'A' can do nothing and will be continously  punished with reduced pension every month till his death. The loss will amount to several lakh rupees to 'A' over the period of his remaining life or if he dies, to his wife.

This is a Criminal Act.


Attached File : 269172 20161031060441 669182699 ppwa 060416.pdf downloaded: 116 times

Sudhir Kumar, Advocate (Advocate)     04 December 2016

not able to convey the problem.

 

Meet service matter lawyer with all papers and examine feasibility of filing CAT case.

Preetam Thakur (MHA)     04 December 2016

Thanks all!

Dy Dir Sudhir Kumar sir do you mean that one should need the specialization of a service lawyer to have corrected 6 digits of PIN Code in his address record in a democratic country where we are having dreams of becoming a developed country? Do you mean that a babu will not do right thing on being requested but has liberty and authority to commit another mistake willfully?

Sudhir Kumar, Advocate (Advocate)     06 December 2016

so far you have not been able to get the relief.

SO what else should be the way out.

1 Like

Sudhir Kumar, Advocate (Advocate)     06 December 2016

You can try :-

 

  1. RTI seeking the exact documents leading to entry of wrong PIN code.
  2. RTI onthe action taken on previous correspondence with names and designation and present post (address if retired) of the officials who dealt with your representations.
1 Like

Preetam Thakur (MHA)     06 December 2016

Thanks Sudhir Kumar, Dy Director Sir!
Thanks for your suggestion! But I want to prosecute the perpeterator under criminal law so that a befitting message goes to all in similar systems who settle personal vendetta and grudges by tampering with the records of pensioners!
I am sure someone will certainly advise me accordingly.

Thanks all


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