MR@RB - Railnet.gov - in MR@RB - Railnet.gov - In: Mon, 01 Aug 2011 12:11:00

Family pension case of an 84 year old lady who died with getting a single pie, inspite of our Federation
taking up the case due to no response from the Central Railway Admn. Please find the complete correspondence on below pages
From: "Narayan Swami"<pkns999@rediffmail.com> Mon, 01 Aug 2011 12:11:00 To: "mr "<mr@rb.railnet.gov.in> Dear Sir, Your kind attention is drawn to our representation sent to you on 20-7-2011 regarding the above subject - Family pension. With kind regards, PKN Swami Working President Retd. Rlymen's Fedrn, Chembur-71 From: "Narayan Swami"<pkns999@rediffmail.com> Sent: Wed, 20 Jul 2011 12:36:14 To: "mr@rb.railnet.gov.in"<mr@rb.railnet.gov.in> Subject: Family Pension to Smt. Chabhi Das Gupta Dear Madam/Sir, We have been making our efforts to get the legitimate family pension to Smt.Chabhi Gad Gupta since last 5 years, without any results. The Central Railway administration allowed to die her starving. We addressed few letters to the Hon'ble Minister addressed to her Railway Board and her Kolkata address. We had no response, then, probably due to her busy time during the West Bengal elections. We are at a loss to know whether the minister came to know about our letter at all. We request you now to look into the case why the Family pension was not allowed to the ripe aged 84 yrs. and fix the responsibility as you deem fit. We attach herewith the complete correspondence of the case for your kind perusal. With kind regards, PKN Swami Working President Retd. Rlymen's Fedrn, Chembur-71
RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(Registered under Society Act & Public Trust Act No.MAH/523 and F/15666)
P.K.N. Swamy
General Secretary No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Chief Personnel Officer (S&T), Central Railway, MUMBAI CST Dear Sir,
I. D. Amin (Retd.GM)
President
V.G.Krishnan
Treasurer 18th December 2006
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta aborbed from Martin Burn Co, ltd Ref: Your No. HPB/S&T?Ex-gratia dt.14/1/2000 and hPB/P797/DSTE/Ex-gatia Dt. 9/8/2000. -----The details of the late Shri Sibsanar Dasgupta are as under: Appointment in Martin Burn Co, Ltd, on - 10/9/1941 He worked till the Company closed on - 31/12/1970 Total Service at Martin Burn Co, Ltd. - 29 Y - 3M - 21D After the closure employees of Martin Burn Co, Ltd was absorbed by the Indian Railways and the late Shri Sibsankar Dasgupta was absorbed as Peon in headquarters, S&T Branch of Central Railway from 31/8/1972 to 30/9/1980 (8 yrs 1 m service in Central Railway) Hence his total service is as follows: Service in Martin Burn Co. Ltd., 29 Y -3 M 21 D Service in Central Railway 8Y 1 M 0 D Total service 37Y 4 M 21 D As per Rule 25 of Pension Rules 1993 the service rendered in Private Co, or State Owned Railways when absorbed in Indian Railways of GOI. This employee has put in a total service of 37 years and 4 months and should be eligible for pension. It is not known how he is not given the pensionery benefits on his retirement on 30/9/1980. In fact, now, the widow of the late Shri Sibsankar Dasgupta is eligible to receive all her husbands pensionery dues from 1/10/1980 to the date of his death (6-5-1997) and family pension from 6-5-1997. You are, therefore, requested to look into the case at the earliest as the illiterate widow is almost under starvation and immediate help. Thanking you, Yours faithfully,
(P K N Swamy) General Secretary

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer 15th January 2007
No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Chief Personnel Officer (S&T), Central Railway, MUMBAI CST Dear Sir,
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta aborbed from Martin Burn Co, ltd Ref: Your No. HPB/P.797/D/S&T/Ex-gratia dt.28/12/2006. -----With reference to your above quoted registered letter we enclose herewith the copies of your two letters dated 9-8-2000 & 14-1-2000 for your early action and issue the necessary PPO to enable the family to receive the pensionery dues of her husband and family pension. Smt. Chhabi Das Gupta is in a very bad situation and we request you to take immediate action to issue the PPO order in her favour without any further delay. Thanking you, Yours faithfully, (P K N Swamy) General Secretary Encls: 2 letters as stated above.

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer April 10, 2007
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta aborbed from Martin Burn Co, ltd Ref: Your No. HPB/P.797/D/S&T/Ex-gratia dt.28/12/2006. Your kind attention is invited to your letter of even No. dated 15 th Jan 2007 wherein we had provided you with the copies of yours which were not traceable at your end. Since then it is nearly 3 months and we have heard from you on the subject. The Family of the employee is suffering very badly and it is desired that they are helped immediately. It appears it is bad case wherein the employee should have been given his pension and family pension. May I request you to look into the case immediately and sanction the due family pension and the arrears of pension due to the employee from the date of his retirement? Your immediate action is requested to save the family from starvation. Thanking you, Yours faithfully,
(P K N Swamy) General Secretary.

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer May 14, 2007
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta aborbed from Martin Burn Co, ltd Ref: Your No.HPB/P/797/S&T/ex-gratia/CSTE dt. 25/4/2007 We are sorry to note the contents of your letter rejecting the claim of the widow. First of all it is unfortunate that we had to supply the copies of your own letters cited in the correspondence. Secondly the claim is now for the pension and family pension as the employee is eligible for full pension and family pension as the total service of this employee was 37 yrs 4 m 21 days. It appears that our letter of even number dt. 18/26-12-2006 is not gone through before sending your letter dt. 25/4/2007. We request you once again to look into the case urgently and arrange to sanction the family pension to the widow and also the arrears of pension due to the employee since his date of retirement to the date of his demise. Thanking you, Yours faithfully

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer February 12, 2008
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta aborbed from Martin Burn Co, ltd Ref: Your No.HPB/655-R/Pension Adalat/2007HQ/11 dt. 06/12/2007 Your above quoted letter dated 6/12/2007 addressed to us was received only on 9/1/2008 after more than a month. The address was incomplete. It appears there was no sympathetic, humane or positive approach in dealing the old ladys case. There is abnormal delay. Our organization has taken up the case to help the aged lady we could have attended the Adalat on her behalf had your letter been sent to us in time and to the correct address. We also have our e-mail ID which could have been used to intimate us. May we request you to look into the lapses and do the needful? We request you to supply us a copy of Boards letter No. E (G) 70 IIR4-7 dated 21/1/1971 quoted in your above mentioned letter. Thanking you, Yours faithfully,
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta aborbed from Martin Burn Co, ltd Ref: Your No.HPB/655-R/Pension Adalat/2007HQ/11 dt. 06/12/2007 1. The case was referred to Railway Board by CPO. The Board stated that her husband late Shri Sibsankar Das Gupta is not eligible for pension in reference to Boards instruction contained in their letter No. E (G) 70TR4-7 dated 21/1/1971. 2. Pension scheme was introduced in the year 1957 and all the recruits after this date comes under pension rules. Therefore all the employees of the light railways appointed come under pension rules. It is true that the above named has not competed the minimum service required for pension i.e. 10 years. He had completed only 8 years of service on this railway. 3. Now read Rule 25 (ii) of Railway (Pension) Rules 1993 it reads as under
(ii) if under the existing orders, previous service is countable for determining only eligibility for special contribution to Provident Fund the same shall be taken into account in full for pensionary benefits.
It is seen from the settlement papers (PF/Sett/130/38 dt 26-9-1980) that he has been contributing towards special contribution to PF, hence he is eligible for counting his service rendered in light railway i.e., 29 Y 3M 21 D., making it a total of 37Y 4M 21D, and is also eligible for pension. Dt: 16-2-2008 General Secretary

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer July 7, 2008
No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Chief Personnel Officer (S&T), Central Railway,

MUMBAI CST
Dear Sir, Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta absorbed from Martin Burn Co, ltd Ref: Your No.HPB/655-R/Pension Adalat/2007HQ/11 dt. 06/12/2007 Further to our letter dt. Feb.12, 2008, we thank you for providing us with a copy of Boards letter No.E(G) 70 IIR4-7 dt. 21/1/1971. Though the late Sibsankar Dasgupta is not eligible for pensionary benefits according to Boards letter quoted above. he is eligible for pensionary benefits under Rule 25 (ii) of Railway (Pension) Rules 1993 which reads as under
RULE 25 (ii) if under the existing orders, previous service is countable for determining only eligibility for special contribution to Provident Fund the same shall be taken into account in full for pensionary benefits
It is seen from the settlement papers (PF/Sett/130/38 dt. 26-9-1980 copy enclosed) that he was eligible for special contribution to Provident Fund and the payment made towards this is mentioned. Hence he is eligible for counting his service rendered in light railway i.e., 29Y 3M 21 D., making a total of 37Y 4M 21 D, and is also eligible for pensionary benefits. You are requested to look into the case at your earliest and arrange to sanction his pension and family pension to his wife. Thanking you, Yours faithfully,
(P K N Swamy) General Secretary. Copy to: Shri Rajan, AS (Griev), GMs Office, Mumbai CST.

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer August 18, 2008

MUMBAI CST
Dear Sir, Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta absorbed from Martin Burn Co, ltd Ref: Your No.HPB/655-R/Pension Adalat/2007HQ/11 dt. 06/12/2007 Your kind attention is invited to our letter dated July 7, 2008 wherein we have brought about certain rules under which the aged widow of more than 80 years is eligible for the family pension, life time arrears of her husband and benefits applicable. Even after a month of our letter there is no response with a view to help the aged lady. There is appears to be no heart and sympathy with the concerned officers and staff of the administration to look into the case positively and render help to the aged lady who is almost starving. Considering the urgency required in the case, in order to help the old lady, we request you to give priority to the case and settle case in her favour. Thanking you,
Yours faithfully,
(P K N Swamy) General Secretary. Copy to: Shri Rajan, AS (Griev), GMs Office, Mumbai CST.

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer 20th January 2009

MUMBAI CST
Dear Sir, Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta absorbed from Martin Burn Co, ltd Ref: Your No.HPB/655-R/Pension Adalat/2007HQ/11 dt. 06/12/2007 Your kind attention is invited to our letter dated July 7, 2008 and reminder dt. 18th August 2009. Since this reminder the AS (Grievances) had a telephonic talk with the undersigned and promised to look in the case without delay and revert back to us. We are sorry to note that though it is now more than 6 months now there is no response from the administration. We have brought about certain rules, under which the aged widow of more than 80 years is eligible for the family pension, life time arrears of her husband and benefits applicable. We had brought out the present condition of the aged lady which needs the sympathy and compassion of the concerned officers and staff of the administration to look into the case positively and render help to the aged lady. Considering the urgency required in the case, in order to help the old lady, we request you once again to give priority to the case and settle case in her favour. Thanking you,
Yours faithfully,
(P K N Swamy) General Secretary. Copy to: AS (Griev), GMs Office, Mumbai CST.

P.K.N. Swamy
General Secretary
President
V.G.Krishnan
Treasurer 16th May 2009
No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Addl. General Manager, Central Railway,

MUMBAI CST
(Attention: Shri Sunil Udasi) Dear Sir, Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta absorbed from Martin Burn Co, ltd Ref: Your No.190/PG/2/2009/ZPG-37 dt. 30/03/2009 While acknowledging the receipt of your above quoted letter, we wish to bring to your notice the following points once again. In para 2 of your letter it has been stated that as per Rly Bds letter dt. 21/1/71 the employee namely the late Shri Sibsankar Dasgupta was not entitled for counting his past service rendered in light railways. We are afraid that the statement is being made without taking into account the submission we have made earlier in this regard. We repeat the same once again so that the same will be taken into consideration before rejecting the claim. Railway Bds letter does not say repeat does not say that the past service rendered in the light railways is not to be counted. It mearly says vide item (ix) of para 5 that their service on the Indian Railways will be pensionable and they shall be required to subscribe compulsorily to the SRPF (Non-contributory) under the rules applicable to other Railway servants on the date of their appointment. As already pointed out by us Rule No.25 (ii) of Railway service (Pension) Rules 1993 says that if under the existing orders, previous service is countable for determining only eligibility for special contribution to PF the same shall be taken into account in full for pensionary benefits.
P-1
The relevant rules is reproduced 25. Counting of service rendered under Private railway Companies and quasi-railway bodies (1) The previous service of employees of the former private or former State Railway companies and quasi-railway bodies who were absorbed in or appointed as fresh entrants in the Indian Railways shall be taken into account for pensionary benefits under these rules, if countable as under, for the purpose of special contribution to Provident Fund. (i) if under the existing orders, the service is not countable for special contribution to Provident Fund, the same shall not be taken to account for pensionary benefits; if under the existing orders, previous service is countable for determining only eligibility for special contribution to Provident Fund the same shall be taken into account in full for pensionary benefits.
(ii)
(2) The previous service, which is taken into account in accordance with the provisions of sub rule (i) shall be treated as service in Railways to the extent indicated therein, for pensionary benefits under these rules. We are therefore of the firm view that the late Shri. Sibsankar Dasgupta himself was eligible for pension, counting his previous service and therefore his wife is entitled for family pension. You are therefore requested to consider the points brought out above and reconsider your decision. In case you are not in agreement with the points put forth above you may kindly tell us the grounds on which our contention is not acceptable. Thanking you,
(P K N Swamy) General Secretary Copy to: CPO (S&T) MCST. His ref.No.HPB/655-R/Pension Adalat/2007HQ/11 dt.6/12/2007 AS (Griev), GMs Office, Mumbai CST.
P-2
10
This reminder was sent thro E-mail on 24/9/2009 addressed to GM, AGM, CPO and AS(Griev) CSTM.
Dear Sir, Sub: Family Pension to Smt. Chhabi Das Gupta, w/o Late Shri Sibsankar Das Gupta absorbed from Martin Burn Co. Ltd. Ref: Your No9.190/PG/2/2009/2PG-37 dt. 30/3/2009. Please refer to our letter No.RRF/CMBR/CD Gupta/Fly/Pen/2k6 of 16/5-3/6/09 for which there is no response till date. You are requested to look into the case without any further delay and finalize the case as the party is more than 84 yrs old and immediate action is necessary. We shall be highly grateful for your immediate action in the case. Thanking you, Yours faithfully, V G Krishnan General Secretary. Retd. Railwaymens Federation, Chembur, Mumbai-71 Dated: 24/9/2009 Again reminded on 9-10-2009 thro E-mail addressed to GM, AGM, CPO and AS(Griev) CSTM. No response.
11

Address: Flat No.1, Plot No.34, Sai Kripa, Pestomsagar, Road No.4, Chembur, Mumbai 400 089 E-mail: pkns999@hotmail.com & pkns99@rediffmail.com
V.G.Krishnan
General Secretary
President
R. Balasubramanian
Treasurer June 24, 2010
No. RRF/CMBR/CDGupta/Fly-Pen/2k6/
Ms Mamta Banerjeeji, Honble Minister of Railway, Rail Bhavan, Railway Board, NEW DELHI
(For your kind personal attention)
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta absorbed from Martin Burn Co, ltd Ref: C.Rly Ref.No.190/PG/2/2009/ZPG-37 dt. 30/03/2009 We have been dealing with the Family pension case of Smt. Chhabi Das Gupta a widow of late Shri Sibsankar Das Gupta since nearly 5 years now. In spite of providing valuable and relevant papers and orders the case was not decided till now. We had also approached the highest level in the Zone to settle the case without any success. The widow was allowed to starve and die without any help from the administration. The Administration never cared to reply for our letter and e-mails addressed to them. We had even contacted them personally number of times. We are enclosing few latest correspondence for your perusal to see how lethargic the administration. We publish a Bi-monthly titled RAIL-PENSIOER for the benefit of retired employees/pensioners/family pensioners. Even the editorial of this Newsletter were just ignored by the administration. (Clips are attached for your perusal). There are number of cases like this unsolved for years and months, like reduction in pension, reimbursement of medical claims, issue of revised PPOs, revision of pension, pension settlements etc. The Administration does not have any time limit for any type of job. We are afraid that these claimants may be left to die without settling their cases during their life time. The above noted family pension case a bad case where the lady aged 84 years was allowed to die without a penny starving, which need your kind personnel attention and fix responsibility for the lapses by the concerned official. We seek your interference in the matter to set right things as you deem fit. With kind regards, Yours truly,
(P K N Swami) Working President
Encls: as above.
12

V.G.Krishnan
General Secretary
President
R. Balasubramanian
Treasurer August 16, 2010
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta absorbed from Martin Burn Co, ltd Ref: C.Rly Ref.No.190/PG/2/2009/ZPG-37 dt. 30/03/2009 May I draw your kind attention to our letter dated 24/7/2010, addressed to you for y our personal attention in the above noted case enclosing all the details. We are sorry to note that we have not heard anything in the matter so far. It is felt that due to your busy schedule and also away from Delhi you might not have seen the papers. We are awaiting eagerly to know your response so that the bereaved family is helped in the matter. With kind regards, Yours truly,
13

V.G.Krishnan
General Secretary
President
R. Balasubramanian
Treasurer December 6, 2010
Sub: Family Pension to Smt. Chhabi Das Gupta w/o late Shri Sibsankar Dasgupta absorbed from Martin Burn Co, ltd Ref: C.Rly Ref.No.190/PG/2/2009/ZPG-37 dt. 30/03/2009 May I draw your kind attention to our letter dated 24/7/2010, followed by a reminder dt 16-8-2010 addressed to you for y our personal attention in the above noted case enclosing all the details. We are sorry to note that we have not heard anything in the matter so far. It is felt that due to your busy schedule and also away from Delhi you might not have seen the papers. We are awaiting eagerly to know your response so that the bereaved family is helped in the matter. With kind regards, Yours truly,
14

MR@RB - Railnet.gov - in MR@RB - Railnet.gov - In: Mon, 01 Aug 2011 12:11:00

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

MR@RB - Railnet.gov - in MR@RB - Railnet.gov - In: Mon, 01 Aug 2011 12:11:00

Uploaded by

Copyright:

Available Formats

Family pension case of an 84 year old lady who died with getting a single pie, inspite of our Federation

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(P K N Swamy) General Secretary

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(P K N Swamy) General Secretary.

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(P K N Swamy) General Secretary

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(P K N Swamy) General Secretary

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Chief Personnel Officer (S&T), Central Railway,

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Chief Personnel Officer (S&T), Central Railway,

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Chief Personnel Officer (S&T), Central Railway,

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

No. RRF/CMBR/CDGupta/Fly-Pen/2k6/ The Addl. General Manager, Central Railway,

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(For your kind personal attention)

(P K N Swami) Working President

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(For your kind personal attention)

(P K N Swami) Working President

RETIRED RAILWAYMENS FEDERATION CHEMBUR, MUMBAI - 400 071.

(For your kind personal attention)

(P K N Swami) Working President

You might also like