TSECL was criminally accusable for denying benefits under the CCS (Extraordinary Pension) Rules: Dr Ashoke Sinha

TSECL was criminally accusable for denying benefits under the CCS (Extraordinary Pension) Rules: Dr Ashoke Sinha

C Times, 28 July 2017, Agartala

Nirvoy, a civil society for human rights, yesterday accused the state government of cheating helpers to Electric Linemen by denying the Central Civil Services (Extraordinary Pension) rules if they die on duty.

“when disablement of a Government service is conceded as due to Government service in terms of rule 3-A, he shall be awarded disability pension in terms of sub-rule (2) or lump sum compensation in terms of sub-rule (3) of this rule in accordance with the percentage of disability (suffered by him) as certified by the Medical Authority concerned,” said Joint Convenor of Nirvoy Dr Ashoke Sinha.

He also added, In excise of the powers conferred by the proviso to article 309 read with clause- (5) of article ‘f1lS'”Of the Constitution and after consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department further to amend the Central Civil Services (Extraordinary Pension) Rules,1939, namely:-

  1. (1) these rules may be called the Central “Civil Services (Extraordinary Pension) Amendment Rules, 2011.

(2) These shall come into force on the publication of this notification in the Official Gazette.

2, In the Central Civil Services (Extraordinary Pension) Rules,-

(i). for rule 2, the following shall be substituted, namely: – “2. These rules shall apply to all persons paid from Civil Estimates, other than those to whom the Workmen’s Compensation Act, 1923 (VIII of 1923) applies (subject to para 6 of Schedule II), whether their appointment is permanent or temporary, on the scale of pay or fixed pay or piece-work rates who are under the rule making control of the President of India: Provided that nothing contained in these rules shall apply to the Government servants appointed on or after the 1st day of January 2004.

(ii). for rule 4, the following shall be substituted namely: “4. The Ministries/Departments and offices shall have the powers to grant disability or family pension covered under these rules and they shall exercise these powers, wherever necessary, in consultation with the Financial Advisers, but the cases which are not covered striation terms of the Government guidelines and instructions, reference shall be made to the Department of Pension and Pensioners’ Welfare.”;

He also said, for determining the compensation payable for death or disability under different circumstances, the cases are categorized in five distinct categories as under:

  • Category ‘A’ – Death or disability due to natural causes not attributable to Government service. Examples would be chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty, etc.
  • Category ‘B’ – Death or disability due to causes which are accepted as attributable to or aggravated by Government service. Diseases contracted because of continued exposure to a hostile work environment, subjected to extreme weather conditions or occupational hazards resulting in death or disability would be examples.
  • Category ‘C’ – Death or disability due to an accident in the performance of duties. Some examples are accidents while travelling on duty in Governments vehicles or public transport, a journey on duty is performed by service aircraft, mishaps at sea, electrocution while on duty, etc.
  • Category ‘D’ – Death or disability, attributable to acts of violence by terrorists, anti-social elements, etc. whether in their performance of duties or otherwise. Apart from cases of death or injury sustained by personnel of the Central Police Organizations while employed in aid of the civil administration in quelling agitation, riots or revolt by demonstrators, other public servants including police personnel, etc., bomb blasts in public places or transport, indiscriminate shooting incidents in public, etc., would be covered under this category.
  • Category ‘E’ – Death or disability arising as a result of (a) attack by or during action against extremists, anti-social elements, etc. and (b) enemy action in international war or border skirmishes and warlike situations, including cases which are attributable to (i) extremists acts, exploding mines, etc., while on way to an operational area (ii) kidnapping by extremists; and (iii) battle inoculation as part of training exercises with live ammunition.

Cases covered under the Category (A) are covered under provisions of Central Civil Services (Pension) Rules, 1972.

Dr Sinha also added, “The Government servants governed by the provisions of the Workmen’s Compensation Act, 1923, (VIII of 1923) shall also be eligible for the awards under this rule. Where the benefit admissible under this rule is more than the benefits admissible under the Workmen’s Compensation Act, 1923, (VIII of 1923) the compensation admissible under the said Workmen’s Compensation Act, 1923, shall not be separately payable. However, if the sum admissible under this rule is less than the amount payable as compensation under (i) the Personal Injuries (Emergency Provision) Act, 1962, (59 of 1962) as amended by the Personal Injuries (Emergency Provision) Amendment Act, 1971, (74 of 1971) and (ii) the Personal Injuries (Compensation Insurance) Act, 1963, (37 of 1963) as amended by the Personal Injuries (Compensation Insurance) Amendment Act, 1971, (75 of 1971) they shall have a right to receive an amount equal to the difference between the sum admissible under this rule and the amount of compensation payable under the said Acts.”

Dr Sinha said that according to statistics from the Power Department, 21 people had died in the last five years while working on overhead live wires. Among them only three were certified linemen engaged in the said post, rest 18 were engaged as helpers.

Dr Sinha claimed that forcing helpers to work on overhead wires despite knowing about their lack of training to work on in such conditions amounted to culpable homicide under Section 303 of the IPC. The Tripura State Electricity Corporation Limited (TSECL) was criminally accusable for denying benefits under the CCS (Extraordinary Pension) Rules. They are eligible to get almost 40-60% over the normal pension benefits allowed to all government employees.

 

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