Unwinding the National Pension Scheme in India – A Pragmatic Approach

Government of India announcement to relax normal pension procedures in the incidents of missing central government servants while in service, notably serving in militancy-affected areas such as Jammu and Kashmir, the Northeast, and Naxal-prone pockets has brought a huge relief among the dependents particularly in those regions where instances of government employees going missing are reported more frequently.

In such contingencies, according to the notification issued by the Department of Personnel and Training (DOPT), the benefit of family pension will be immediately paid to the family irrespective of the time limit provided in the CCS(Pension) Rules, 1972. The benefit is provided with the condition that the amount can be deducted from the salary in case of the government servant’s reappearance and resumption of service. The main intent of this approach is to instill confidence in reluctant central government officials to go on deputation to Jammu and Kashmir/north east/violence prone areas and to protect them and their family interests.

Earlier to this relaxation, benefit will be payable only in the case of a missing Government servant after the death is conclusively established or on expiry of seven years from the date of disappearance.

Department of Personnel and Training (DoP&T)

The Ministry of Personnel, Public Grievances, and Pensions (MoPP&P) is a Central government supervisory organisation responsible of matters like as recruiting, training, and employee welfare, among many others. The ministry is composed of three departments -Department of Personnel and Training (DoP&T), Department of Administrative Reforms and Public Grievances (DAR&PG), Department of Pensions and Pensioners’ Welfare (DoP&PW). Notably, the Department of Personnel and Training (DoP&T) plays a critical role in developing policy standards for both the Central and state governments. These standards serve as the foundation for all departments' memos, regulations, and directives governing pension scheme. Accordingly, the relevant departments develop a set of regulations to govern the directives in accordance with MoPP&P principles. J&K is a UT now, the Lieutenant-Governor will have to notify the pension rules implemented by the Centre.

Applicability of Indian Evidence Act 1872 in case of government employee went missing

Earlier, this ground may be considered when the competent court declares that, the missing is dead in view of the provisions of sections 107 and 108 of the Indian Evidence Act 1872. Sections 107 and 108 of the Indian Evidence Act 1872 outline the burden of proving death of a person known to have been alive within thirty years and the burden of demonstrating that a person is alive who has not been heard of for seven years.

When a question arises as to whether a man is alive or dead, and it is proven that he has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive is shifted to the person who affirms it, according to Section 108 of the Indian Evidence Act, 1872. Section 108 of the Indian Evidence Act of 1872 merely establishes a presumption. The Indian Evidence Act of 1872, Section 108, cannot be read in isolation. It should be read in conjunction with the Indian Evidence Act of 1872, Section 107. When a question arises as to whether a man is alive or dead, and it is demonstrated that he was alive within thirty years, the burden of showing that he is dead falls on the person who affirms it, according to Section 107 of the Indian Evidence Act, 1872.

CONCLUSION

Undoubtedly, this reasonable move by the government relaxing the normal pension procedure preserve the welfare of the family members and would allow the family overcome an unexpected financial crisis. But it does beg the question, how would the government approach the corresponding claim for the benefit of compassionate appointment by the dependents on the ground of missing government servant? Apparently, paragraph 12 of the Scheme for compassionate appointment under the Central Government lays out the requirements for obtaining a compassionate appointment for a missing government employee as one of the contingencies. The procedure for deciding compassionate appointment in case of missing employee is akin to that of procedure laid down in CCS(Pension) Rules, 1972. Thus, clarification need to be provided before implementing the benefit in order to avoid confusion among the claimants.

REFERENCE

[1] Dr. V. Krishnamachari (2013), Law of Evidence, 7th Edition, Narendar Gogia & Company, Hyderabad: India

[2] Government of India, Ministry of Personnel, Public Grievances and Pensions, Consolidated Instructions on compassionate appointment, Scheme for compassionate appointment under the Central Government (O.M. No. 14014/02/2012-Estt. (D), 2013).

[3] Government of India, Ministry of Personnel, PG & Pensions, Department of Pension & Pensioners’ Welfare, O.M. Mo. 38/49/16 P&PW(A).