TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED
(ABSTRACT)
Pension – Qualifying Service for
pension and calculation of pension – Revised orders of the Government –
Adoption in TANGEDCO – Revised orders and amendments to Tamil Nadu Electricity Board Liberalised
Pension Regulations, 1960 – Issued.
(SECRETARIAT
BRANCH)
(Per) FB TANGEDCO Proceedings No.24 Dated the 13th
May, 2013.
Chithirai-30,
Thiruvalluvar
Aandu 2044.
READ:
1.
B.P.Ms.No.117 (SB), dated 10.09.1979.
2.
(Per) B.P.(Ch) No.253 (SB), dated 23.09.1996.
3.
G.O.Ms.No.71, Finance
(Pension) Department, dated 19.03.2003.
4.
(Per) B.P.(Ch) No.64 (SB), dated 31.03.2003.
5.
(Per) B.P.(FB) No.17 (SB), dated 01.03.2006.
6.
(Per) B.P.(FB) No.18 (SB), dated 01.03.2006.
7.
G.O.Ms.No.496, Finance (Pension) Department, dated 01.08.2006.
8.
(Per) B.P.(FB) No.62 (SB), dated 15.12.2006.
9.
G.O.Ms.No.127, Finance (Pension) Department, dated 11.04.2007.
*******
PROCEEDINGS:
Following
the orders of the Government, orders were issued in B.P. second read above, reducing
the maximum Net Qualifying Service from 33 years to 30 years for full pension
and pension shall be determined based on 50% of average emoluments drawn during
the last 10 months of service rendered or 50% of pay last drawn by the Board
employees, whichever is higher. The said orders came into effect from 01.07.1996.
Subsequently, the Government, in its G.O. third read above, issued orders
enhancing the maximum Net Qualifying Service from 30 years to 33 years. The
said G.O. was adopted in TANGEDCO with effect from 01.04.2003 – vide
B.P. fourth read above. It has also been ordered therein that the pension would
be calculated based on the emoluments drawn during the last 10 months of
service rendered by the Board employees. But, the Tamil Nadu Electricity Board
Liberalised Pension Regulations, 1960 which is also applicable to the employees
of the TANGEDCO in addition to Tamil Nadu Pension Rules, 1978, was not amended,
to this effect. Based on the observation of the Supreme Court, the orders
issued in B.P. fourth read above, were cancelled vide B.P. fifth read above.
Simultaneously, fresh orders were issued in B.P. sixth read above to that
effect, with necessary amendments to regulations 3(2) and 3(3) of the TNEB
Liberalised Pension Regulations, 1960. The amendment issued to TNEB Liberalised
Pension Regulations, 1960 on the direction of the Supreme Court could not be
given effect to, due to the interim stay granted by the Hon'ble High Court in
W.P.M.P.No.9631 of 2006 in W.P.No.8675 of 2006 dated 29.03.2006 and the maximum
Net Qualifying Service eligible for full pension was continued to be 30 years,
though the TNEB Liberalised Pension Regulations, 1960 had not been suitably amended.
2.
Subsequently, the Government of Tamil Nadu, in its G.O. seventh read above,
issued revised orders, reducing the maximum qualifying service from 33
years to 30
Contd..
..2..
years to become eligible for full pension and the pension
shall be determined based on 50% of pay last drawn or 50% of average emoluments
drawn during the last 10 months of service rendered whichever is higher. The
said G.O. was adopted in TANGEDCO and necessary amendments to the Tamil Nadu
Electricity Board Liberalised Pension Regulations, 1960 were issued with effect
from 31.07.2006 – vide B.P. eighth read above.
3.
Again, the Government, in its G.O. ninth read above, issued orders, extending retrospective
effect to the orders issued in G.O. seventh read above, from 01.04.2003,
thereby the same benefit extended by the Government with effect from 01.07.1996
-vide G.O. second read above, has been restored. If the G.O. ninth read above
is adopted in TANGEDCO, the effect of the orders mentioned in para-2 above (as
per B.P. eighth read above) shall be given retrospective effect from 01.04.2003
instead of 31.07.2006, thereby the same benefit shall be restored from
01.07.1996 in TANGEDCO also. Therefore, the orders issued in B.P. sixth read
above, making amendments to TNEB Liberalised Pension Regulations, 1960, become
null and void and the same need to be cancelled.
4.
Taking into consideration of all the above points, a detailed proposal on
adoption of the G.O. ninth read above and on making amendments to Tamil Nadu
Electricity Board Liberalised Pension Regulations, 1960, has been placed before
the Board of TANGEDCO for its approval. The Board, after careful examination,
approved the said proposal.
5.
Accordingly, the TANGEDCO hereby orders that
(i)
the
orders issued in G.O.(Ms) No.127, Finance (Pension) Department, dt.11.04.2007,
be made applicable to the employees of the TANGEDCO, extending the orders
issued in (Per) B.P.(FB) No.62 (SB), dated 15.12.2006 with retrospective effect
from 01.04.2003;
(ii) the orders issued in (Per) B.P.(FB) No.18
(SB), dated 01.03.2006, be cancelled and the amendments to the Tamil Nadu
Electricity Board Liberalised Pension Regulations, 1960 issued in the said
B.P., be deleted;
and
(iii) the
amendments already issued in (Per) B.P.(FB) No.62 (SB), Dated 15.12.2006, be
modified in accordance with the orders issued in B.P. second read above and the
consolidated amendments to the Tamil Nadu Electricity Board Liberalised Pension
Regulations, 1960, be issued with effect from 01.07.1996 in pursuance of the
orders issued in B.Ps. first and second read above.
6. Accordingly, in exercise of
the powers conferred by Section 79(c) of the Electricity (Supply) Act, 1948
(Central Act 54 of 1948), read with Section
185 of the
Contd..
..3..
Electricity (Supply) Act, 2003 and G.O.Ms.No.100, Energy
(B2) Department, dated 19.10.2010, the Tamil Nadu Generation and Distribution
Corporation Limited (formerly Tamil Nadu Electricity Board) makes the following
amendments to the Tamil Nadu Electricity Board Liberalised Pension Regulations,
1960:-
AMENDMENTS
In the said
Regulations, in regulation 3,-
1) in sub-regulation (2),-
(i)
for
the expression "An employee may retire from service any time after
completing thirty years' of qualifying service", the expression "An
employee may retire from service any time after completing twenty years of
qualifying service or fifty years of age", shall be substituted;
(ii)
for
the expression "The Board may also require an employee to retire any time
after he has completed thirty years of qualifying service", the expression
"The Board may also require an employee to retire any time after he has
completed thirty years of qualifying service or fifty years of age", shall
be substituted;
2) for sub-regulation (3), the following
sub-regulation shall be substituted, namely:-
An employee who retires or is
retired from Board's service on or after 01.07.1996, after completing
qualifying service of more than 10 years and not less than thirty years, shall
be granted retiring pension at the rate of 50% of last pay drawn or 50% of
average emoluments drawn during the last ten months of service rendered
whichever is higher and the maximum qualifying service to become eligible for
full pension shall be thirty years:
Provided that in the case of a
Board employee who retired on or after the 1st July 1996, before completing qualifying service of thirty
years but after
completing qualifying service of
ten years, the amount of pension shall be proportionate to the amount of
pension admissible under this sub-regulation.
7. The
receipt of these Proceedings shall be acknowledged in the slip enclosed.
(BY ORDER
OF THE BOARD)
R.KRISHNAN,
SECRETARY
(ADDL.CHARGE).
To
All Chief Engineers.
All Chief Financial Controllers.
The Chief Internal Audit Officer/Audit
Branch.
All Superintending Engineers.
Contd..
..4..
All Deputy Secretaries/Secretariat
Branch.
The Residential Audit
Officer/Chennai-2.
Copy
to:
The Chairman-cum-Managing Director's
Table.
The Managing Director/TANTRANSCO.
All Directors/TANGEDCO and TANTRANSCO.
The Inspector General of
Police/Vigilance/Chennai-2.
The Secretary/TANGEDCO /Chennai-2.
The Legal Adviser/TANGEDCO /Chennai-2.
The Deputy Chief
Engineer/Administrative Branch/Chennai-2.
All Senior Personnel
Officers/Administrative Branch/Chennai-2.
The Chief Medical Officer/TANGEDCO
Headquarters Dispensary/Chennai-2.
All Under Secretaries/Secretariat
Branch/Chennai-2.
All Unit Assistant Personnel
Officers/Headquarters (5 copies).
The Assistant Personnel
Officer/Headquarters/Adm.Branch.
The APO/Tamil Development – for
publication in the Bulletin (2 copies).
The Director/Computer Centre/Chennai-2.
The Chief Public Relations
Officer/TANGEDCO/Chennai-2.
The Resident Manager/T.N.E.B.
Limited/New Delhi.
"A-10" Section/Secretariat
Branch/Chennai-2.
The President/TNEB Retired Officials
Association,
No.14 (Old No.7), 2nd
Main Road, Ram Nagar, Chennai-600 082.
The General Secretary/Federation of
TNEB Pensioners Associations,
G2,
Plot No.87, Door No.31, Ramyam Apt., Nehru St, Alwarthirunagar,Chennai-87.
The General Secretary/TNEB Pensioners'
Progressive Union,
No.9, Sundaram Chetty
Street, Kottikulam Road, Dindigul-624 001.
The General Secretary/Electricity Board
Pensioners' Welfare Association,
No.27, Mosque Street, Chepauk,
Chennai-600 005.
The General Secretary/Tamil Nadu
Electricity Retired Workers' Association,
No.16, 10th East Main Road,
Gandhi Nagar, Vellore-6.
The General
Secretary/TNEB Retired Employees & Officers Association,
No.18, Ellaiyamman Koil Street, West
Mambalam, Chennai-600033.
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