ATRPFM submits memorandum to Governor
Source: The Sangai Express / Newmai News Network
Imphal, July 28 2018:
The All Tribal Rights' Protection Forum, Manipur (ATRPFM) has urged Manipur Governor, Dr Najma Heptulla to implement the Service Pension in respect of the employees of Autonomous District Council, Manipur, and also to look into the matters of tribal sub-scheme.
The tribal rights body also urged the Governor to construct the HAC administrative building.
According to a memorandum submitted to the Governor by the ATRPFM, the employees under Autonomous District Council (ADC), Government of Manipur have been deprived of their rights to Service Pension till date "which is discriminatory, arbitrary, bias and unconstitutional".
The tribal rights body stated that, Article 14 of the Constitution of India mandated equal treatment to all citizens of the country and "this right cannot be deprived of by the State" .
It added that every employee who is paid from the consolidated fund of the government or State fund is entitled for service pension and other service benefits.
According to the ATRPFM, the right to Service Pension is a statutory right and cannot be deviated from by the State.
"However, the State Government has failed to extend the pensioner benefits in favour of ADC employees of the State which is hit by Article 14, 21 and other cognate Articles and the provisions of the Manipur Civil Service (Pension) Rules, 1977," the tribal rights body pointed out.
According to the ATRPFM memorandum, the Governor of Manipur had framed Rules under Section 51(2)(vi) of the Manipur (Hill Areas) District Council Act, 1971, for giving service pension in respect of ADC employees and a notification has been issued by the Commissioner (Hills), Govt of Manipur to that effect vide Notification dated 18.07.1991, bearing No.CHA/79/83-Pt which was published in Manipur Gazette on the July 18, 1991.The said rules shall be deemed to have come into force on the first day of July, 1991, it added.
"However, the State government had failed to implement the same," the tribal rights body alleged.
The ATRPFM then said that the same rules was notified by the Principal Secretary to the Government of Manipur on August 29, 2006 which be deemed to have come into force on February 28, 2006, vide Notification No.CHA/79/83-Pt.But State Government is reluctant to implement the said Rules in spite of repeated approach and requests by ex-employees, employees and civil organisations.
The Governor of Manipur has further amended the Scheme for Payment of Pensions to the Employees of District Councils of Autonomous Districts of Manipur issued under Notification of even number dated August 22, 2006 .
A Notification dated January 8, 2007 to that effect was issued by Commissioner (Finance), Government of Manipur and published in the Manipur Gazette on January 30, 2008, it added.
"It is clearly mentioned at Item No.1.7 under Para 2 of the said Notification January 8, 2007 that the Government has decided to provide fund under Demand No.14 - Development of Tribal and Scheduled Castes to meet the expenditure on account of payment of pension, family pension, gratuity, other retirement benefits, etc as per the Manipur Civil Service (Pension) Rules, 1977 to the District Council officials and staffs," it stated.
According to the ATRPFM, the scheme would take effect from February 28, 2006 as per the Notification.
The fund for Pension to Employees of Autonomous District Councils has been included in the State Budget under Demand No.14 of the Tribal Affairs and Hills Department, Government of Manipur since 2007-08 financial year of which Rs 193.81 lakhs was earmarked.
It also said that the fund for pension of ADC employees is also reflected in the Budget, 2018-19 with Rs 247.81 lakhs.
"Thus, the funds for Pension in respect of Employees of Autonomous District Councils have been reflected in the State Budget from the financial year 2007-08 till 2018-19.However, the State government has failed to implement it," the rights body added.
The memorandum then expressed that it is shameful in the part of the government that they question their own laws and Rules.
It is the government who made those Acts and Rules, and now they are questioning their own laws which are amounted to mockery.
The memorandum then said, as a rule, the following employees are entitled to enjoy service pension and other benefits: (i) Persons in whole time employees; (ii) Paid on a monthly basis; and (iii) Persons paid from consolidated funds of the State.
"But the Finance Department, Government of Manipur has not approved yet, and those ex-ADC employees are still deprived of their entitlements without service pension," it added.
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