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DRAFT MEMORANDUM ON PENSION AND OTHER RETIREMENT BENEFITS
CHAPTER – I
Introduction\
The Government of India, Ministry of Finance, Department of Expenditure, Resolution No.1/1/2013-EIII(A) dated 28th February, 2014 in its Para 2(f) has included the following terms of reference of the 7th Central Pay Commission:
"(f)
To examine the principles which should govern the structure of Pension
and other retirement benefits, including revision of pension in the case
of employees who were retired prior to the date of these
recommendations, keeping in view that the retirement benefits of all
Central Government employees appointed on and after 01.01.2004 are
covered by the New Pension Scheme (NPS)."
1.2
The principles that should govern the structure of pension etc have to
be evolved taking into account the relevant constitutional provisions as
well as judicial pronouncements by the Supreme Court of India in this
regard.
1.3 Article 366(17) of the Constitution of the Country defines pension as under:
"
Pension: Pension means a pension whether contributory or not, of any
kind whatsoever payable to or in respect of any person and includes
retired pay so payable; a gratuity so payable and any sum or sums so
payable by way of the return, with or without interest thereon or any
other addition thereto, of subscription to a Provident Fund." From this
what is to be inferred is that the gratuity as well as commutation are
also part of the pension as a whole. These are also to be treated as
pensionery benefits.
1.4
The IV CPC went into the conceptual question of pension in detail. Some
of the observations contained in their report are relevant in
understanding the purport in the background in which the Central
Government employees are placed today. This is reproduced below:-
"Para
2.13: Part II: The concept of "pension" however old in its origin, had
the latent and real desire to provide for an eventuality – known and
unknown. The known eventuality was old age and probable reduction in
earning power, while the unknown eventuality was disability by disease
or accident or death. Its real purpose was security, Even though the
beginning was oblique, indiscernible and faint, but the germ of an
effort to provide security ran through the provision and it is natural
that it should have grown and flowered with the development of human
understanding and desire to look after and provide for those who
deserved it for man has constantly been seeking means by which to
enhance his economic security. But the extension of the pension
provision from military service to civilian public employment, resulted
largely from consideration for the employees and the pressure of their
organisations. Some benevolent employer goes to the extent of regarding
pensions as an absolutely indispensable complement of wages – a terminal
benefit. That, however, is apart from another aspect bearing on pension
– the social aspect. The demographic structure of the population is
changing because of the greater expectation of life. Thus, those who are
now in middle age are going to be nearly twice as big an economic
burden to their children as their parents are to them. The problem in
such cases, has been tackled as a social obligation, including social
insurance for citizens generally."
"Para
2.17: In the very nature of things, every employee, who lives long
enough, reaches a stage of diminished outturn of work or what may
generally be called nonproductive years. That may, speaking generally
again, be set to be the responsibility
of
his employer for whom he has spent the best years of his life. In a
welfare state that may also be set to be the responsibility of the
Government (where he is not in his employment) and, in more modern
society, it may also be set to be the responsibility of the individual.
So all three namely, the employer, the Government and the employee or
one or the other of them, may be expected to contribute towards the
pension according to the social or administrative set up of the country
or society where the individual undertakes the service but the one
common feature and object of pension is to provide for the old age of
the employee for the simple reason that time has eroded his capacity to
earn and he is unable to provide for himself. In a country like ours,
where we have solemnly resolved to constitute it into a "Socialist"
Republic and to secure to us all social and economic justice (Preamble),
it behoves the Government to take care of its employees by providing
terminal benefit like retirement pension when they become entitled to
them. We may refer to the directive principle of the State Policy
enshrined in Article 39 (a) of the Constitution that the State shall in
particular direct its policy towards securing that the citizens have the
right to an "adequate means of livelihood" ….. If, such a citizen is an
employee of the State, is it out of ordinary, and not as of a
Constitutional directive, that the State should appreciate its duty to
provide for him by means of a pension and/or other terminal benefits?
(emphasis added) …. The concept of pension, therefore carries within it
the germ of certainty, periodicity, and "adequacy". ……. Ours is a
Socialist State and the fundamental aim of Social security is to give
individuals and families the confidence that their level of living and
quality of life will not, in so far as, be greatly eroded by any social
or economic eventuality, including the age of superannuation or oncoming
disability"
1.5 The concept of pension has been explained more precisely in the Encyclopaedia of Social Sciences, Vol.11 as under:
"administrators
and civic leaders interested in the improvement of Government services
formulated the idea of pension as an efficiency device necessary for the
orderly and humane elimination of superannuated and disabled employees
no longer able to function efficiently for the proper operation of the
system of promotions, for the attraction of better type of employees and
for the improvement of working morale"
1.6 On the doctrinal approach the Encyclopaedia further states that:
"
A doctrine recently advanced and more far reaching in its implications
regard the Public Service as the logical pioneer in the meeting of the
old age problem as it affects wage earner in modern society. This
doctrine considers a pension as a compensation paid to the employee for
the gradual destruction of his wage earning capacity in the course of
his work. Retirement being a proper charge against the employees, entire
period of active service, the employer should make contribution towards
the employees eventual retirement during each year of service of the
employee, in a manner similar to that in which he annually sets aside a
reserve against depreciation and obsolescence of his plant and
machinery. Pensions, according to this doctrine, are an absolutely
indispensable compliment of wages."
1.7 In para 2.20 the IV Pay Commission has observed:
"but
even though the Government service pension scheme in our country is
non-contributory, it has been contended again by way of doctrinal
approach, that this is not really so and that some allowance is made for
the missing contribution while determining the salaries"
1.8
The Supreme Court in their Landmark Judgment (which has been
approvingly quoted by the 5th CPC in D.S.Nakara and others Vs Union of
India (AIR 1983 SC 130) held that Pension is neither a bounty nor a
matter of grace depending upon the sweet will of the employer. It is not
an ex-gratia payment but payment for past services rendered. It is a
social welfare measure rendering socio economic justice to those who in
the hey-days of their life ceaselessly toiled for their employer on an
assurance that in their old age they would not be left in lurch. The 5th
CPC paying due respect to the above observation of the Honourable Apex
Court in Para 127.6 of its report has stated that the pension is the
statutory, inalienable, legally enforceable right of employees which has
been earned by the sweat of their brow.
As
such the pension should be fixed, revised, modified and changed in ways
not entirely dissimilar to the salaries granted to serving employees.
1.9
While examining the goals that a pension scheme should seek to
sub-serve, the Honourable Apex Court held that "a pension scheme
consistent with available resources must provide that the pensioner
would be able to live:
(i) free from want, with decency, independence and self respect, and
(ii) at a standard equivalent at the pre retirement level"
The Court observed that we owe it to the Pensioners that they live, not merely exist.
1.10
From the above observation of the Supreme Court it is clear that
pension is payable by the employer i.e., the Central Government to its
retired employees which is their statutory and legally enforceable right
from which they cannot be deprived. That the amount of pension must be
enough to enable a pensioner to live free from want with decency,
independence, and self-respect and at a standard equivalent at the
pre-retirement level.
1.11
Keeping the above observations and principles and judicial
pronouncements in view, we submit below our suggestions for
restructuring the existing pensionery scheme in appropriate chapters. We
have made our submissions only in respect of issues where we want
Commission to consider improvements in the existing provisions.
CHAPTER – II
New Pension Scheme (NPS)
2.1
The contributory pension system brought in by the GOI through their
notification dated 22.12.2003, now renamed as National Pension System
under PFRDA Act, has been imposed on Government employees who entered
service on or after 1.1.2004.
2.2
This is an illegal act in as much as the Supreme Court of India had
held Pension as an enforceable inalienable fundamental right. Therefore
it should be scrapped or at least not made applicable to Government
employees. This has also divided the CG employees into two categories
and therefore it is discriminatory in respect of persons who have
entered service on or after 1.1.2004 who had been denied the statutory
pension. Any discriminatory scheme is illegal and ultravires of Article
14 of the Constitution. On this count also the NPS cannot be made
applicable to the Government employees.
2.3
The Centre for Economic Studies and Policy, Institute for Social &
Economic Change, Bangalore in a Study of Terminal Benefits of the
Central Government Employees sponsored by the VI CPC had also observed
that Civil Services Pension is in the nature of a deferred wage. It is
well known that the principle guiding the pay package of civil servants
is one of intentionally spreading out the compensation over a long
period of time, thereby the wages paid out during the course of the work
tenure is kept low by design, and the pension payments made during the
retirement phase compensate for the low working wages.
2.4 The above mentioned study under the heading "Arguments against pension reforms" states as follows:
"Deferred
Wage: In the context of civil servant pension payments, it is argued
that, the principle guiding the fixation of pay package is one of
intentionally spreading out the compensation over a long period of time,
whereby the wages paid out during the course of work tenure is kept low
by design, and the pension payments made during the retirement phase
compensate for the low working wages. The Supreme Court of India held
that pension is neither a bounty nor a matter of grace depending upon
the sweet will of the employer. It is not an ex-gratia payment, but a
payment for past services rendered. It is a social welfare measure,
rendering socio-economic justice to those who in the heyday of their
life ceaselessly toiled for the employer on an assurance that in their
old age, they would not be left in the lurch."
"Larry
Williams observes "Actually, civil service pensions, because they are
not based on contributions, are best described as deferred wages. Civil
servants accept a lower current wage in exchange for the promise of a
pension in their old age. If this pension were contributory, they would
insist on a higher wage and government would have to either increase
taxes or borrow (issue debt) to pay it. The real cost of civil servants
is thus much higher than recorded under the current system of cash
accounting. A good reform would be to move to a system of accrual
accounting setting up at least a notional fund to pay these deferred
wages" (Larry Wilmore, 2004)" "Public and private sector pay
differentials: A comparison of the public and private sector wages
reveals that while the public sector wages for the lower grades compares
well with that of the private sector, the salaries of the employees
belonging to the higher grades are highly unfavourable to the public
sector employees. The post-retirement benefits that the government
employees are entitled to act as some incentive to retain them in
government sector."
2.5
The above study had submitted the following estimated pensionery outgo
which tends to increase during the period from 2014-2038. It is only
after 2043 that it starts declining and will be reduced to zero only in
2088. The table is given below:
Table showing estimated Employee Pension Family Pension Total pension
pensionery outgo Payout (in Rs Pay out (in payout (in
Year Crores) Rs.Crores) Rs.Crores)
2004 11300.69 2983.38 14284.07
2008 13532.84 3572.68 17105.52
2013 16549.07 4368.94 20918.02
2018 21862.54 5771.79 27634.33
2023 27723.68 7319.11 35042.80
2028 34076.27 8996.13 43072.41
2033 39321.68 10381.01 49702.69
2038 45164.50 11923.41 57087.90
2043 41747.23 11021.30 52768.53
2048 35011.92 9243.18 44255.10
2053 25405.44 6707.07 32112.51
2058 16303.15 4304.07 20607.22
2063 8179.51 2159.39 10838.90
2068 3159.88 834.19 3994.07
2073 800.68 211.34 1012.02
2078 110.26 29.17 139.43
2083 3.52 0.97 4.49
2088 0.00 0.00 0.00
2.6
The above study had also pointed out that expenditure on pensions of
civil servants of high income OECD countries on an average is 2% of GDP
(less than 1% in Ireland and more than 3.5% in Austria*)(* Source: OECD
Social Expenditure Database). But in the 8 South Asian countries it is
less than 1% of GDP (Source: World Bank Data base). However, in India
between 1964-65 and 2004-05 on an average pension payments (Civil
Service pension paid by Central Government) have constituted 0.51% share
of GDP. The Pension liability would continue to increase and reach
0.54% level by 2024-25 and remain at that level till 2014-25 after which
they would decline as a percentage of GDP according to the same study
conducted by Dr.Gayatri at the instance of VI CPC. These figures argue
themselves in favour of continuation of the Defined Benefit Pension
Scheme for all Central Government employees instead of throwing a
section of them to market based NPS. According to 2011 census 62.8% are
in the age group of 15 to 60 and only 8.2% are above the age of 60.
2.7
From the above projection it is very clear that the benefit of NPS will
commence only after 44 years i.e. in 2044. And during the period it
will increase exponentially as because in addition to the Statutory
pension liability the Government will be contributing to the NPS also @
10% of annual salary bill of the CG Employees who have entered service
on or after 1.1.2004.
2.8 The final conclusion of this study team has been as under:
"Mainly
given the fact that the future liability although may be large in terms
of the absolute size is not likely to last very long and does not
constitute an alarmingly big share of the GDP which is also on the
decline, it appears that pursuing the existing Pay As you Go to meet the
liability would be an ideal solution."
2.9
Applying this conclusion we may suggest that the NPS may not be made
applicable to the Government employees and all those who had been
covered under NPS may be reverted back to statutory pension scheme. The
Government may be asked to study the experiences of this scheme in
several other countries in the world. In Chile such a scheme has been
reversed as because the return which the low paid employees got out of
the annuity purchased was not as good as 50% of LPD but as low as 20% of
LPD. The UK Government had to pay out of the exchequer large amount by
way of subventions in order to ensure that that annuities purchased
yield 50% of LPD as pension. It is well known that in USA where there
were similar pension schemes dependent upon the market had collapsed
during the financial melt down from 2008 onwards. It is estimated that
more than 3.5 trillion $ worth of pension wealth was lost. The workers
not only lost their pension but also their jobs. Our respectful
submission is that taking into account the demographic considerations of
India which is a country of young do not need any such market oriented
pension scheme, particularly when the international experience is that
such schemes had failed and our country can afford to pay pension to
civil servants which stands at level of 1% of the GDP. We conclude by
quoting the opinions of experts on the future of market dependent
pension Scheme.
Mr
Joseph Stiglitz (Chief economic advisor to former president of USA Bill
Clinton, former vice-chairman and chief economic advisor, World Bank,
Nobel Prize winner, Professor of economics, Columbia university) said
that "Stock market does not guarantee returns. It does not even
guarantee that the stock values will keep up with inflation.
Privatization would not protect retirees against the social security
systems insolvency. Argentina's privatization of its pension system was
at the centre of its fiscal woes".
Mr
Dean Baker (Co-director for centre for economic and policy research,
Washington) said "Privatisation means that you would not have a
guaranteed benefit that you have today. It would
depend on how will your investments do or how well they have done at the point you retire. He
quoted
the collapse of NASDAQ and Enron. In Britain, Insurance companies could
not honour their promises and the Government had to compensate with 8
billion pounds".
We
have requested the PFRDA Authority to furnish certain information on
their working ( copy enclosed). On receipt of this information we may
make certain further submission for the consideration of the Commission.
Chapter – III
Pension Entitlement
- Emoluments for Pension:
3.1
The entire income in form of basic pay, special pay or personal pay if
any, deputation duty allowance etc are the elements of pay proper and
therefore confining the emoluments to the basic pay as recommended by
the IV and V CPCs is arbitrary an dtherofre should be undone. The
Dearness Allowance is meant to restore the purchasing power of pay and
therefore is only an addition to pay. In many countries there is no
system of DA. Periodically the Pay is revised / indexed taking into
account the rise in cost of living. Here also there is a system of
merging the DA as DP for purposes of pensionery benefits. In respect of
gratuity already the DA is being included with Pay and therefore there
is no reason for excluding the DA from the emoluments. We therefore
suggest that the emoluments for the calculation of pension should
include:
(a) Basic Pay
(b) Any Special pay or personal pay, or deputation duty allowance.
(c) Dearness Allowance
(d) Non-practicing allowance in respect of Doctors
(e) 75% of the running allowance in respect of Railway Running Staff retired after 4.12.1988.
3.2
There are persons who retire after having served for full year since
their last increment. The next increment which has already accured to
them is however not added to their amoluments for purposes of computing
pension and other pensionery benefits. It is therefore submitted that
the Commission may kindly consider and recommend that if a person retire
on the day he has completed 12 months of service since his last
increment, the increment accrued to him may be added notionally to his
basic pay and then the pension computed.
3.3
The VI CPC has already recommended that the ten monthly average
emoluments or the last pay drawn, whichever is more beneficial, should
be the basis of computation of pension. We have therefore no further
suggestion to place before the Commission on this issue.
- Qualifying service for pension:
3.4
Casual Labour / Contingent Paid Employees: At present Casual labourers /
Contingency paid employees are allowed to count their service towards
pension @ 50% of the total period falling between acquiring the
temporary status and regularization and full service thereafter. The
above benefit is also subject to further condition that such employees
should be regularized and absorbed against a regular post. The operation
of this condition is so harsh that there are many cases in which the
entire service rendered non pensionable because the employee may be
retired / retrenched / die before such regularization. We, therefore,
propose that the 50% of service before acquiring temporary status and
full service after acquiring temporary status irrespective of whether he
/ she was regularized or not should count towards pension. Similarly
these employees have to remain for long durations without any
regularisation and are deprived many amenities which a regular employee
gets. Not to treat their service pensionable for a considerable period
leaves them with very meagre pension and in some cases with no pension.
This is against the principle of social justice and therefore our above
suggestion should be considered by the 7th CPC.
3.5
Pensionable service of Casual and GDS: Recent judicial pronouncements
have directed the Government to take into account the date of entry in
the service as a casual labourer or a temporary status Majdoors etc into
criterion and not the date of regularisation to determine as to whether
he or she is to be brought under the CCS (Pension) Rules, 1972 or under
the NPS. Therefore we propose that all casual labourers, Gramin Dak
Sewaks in the Department of Posts etc are to be brought under the
Defined Benefit Pension Scheme under the CCS (Pension) Rules, 1972 for
grant of pension on their regularisation in the services, even though
they are getting regularisation after 1.1.2004 because they should be
treated as having entered the services before 1.1.2004 as per the
judgment of Court. We therefore propose that entire service rendered as a
casual labour irrespective of the fact whether he was granted temporary
status or ultimately regularised should be treated as pensionable
service and the service rendered as GDS in Department of Posts also
should be treated in the similar fashion.
3.6
Interruption causing forfeiture of service for pension: The existing
provisions defining interruptions in service causing forfeiture of past
service for purposes of pension are quite antiquated, unnecessary and
unreasonably harsh, which should be removed from the statue book. In
formative years when the British Authorities were recruiting Indians in
their Administrative Services, it was noticed that during sowing and
harvesting seasons, a large number of employees used to go back to the
fields without any regular leave etc. As a deterrent, the rules
regarding interruption in service had been legislated then. Since most
of the employees have now lost their rural roots, such frequent and
recurring interruptions are no longer there. Interruption as and when
rarely caused is due to reason mostly beyond the control of an employee.
We therefore, propose that instead of treating interruption to cause an
automatic forfeiture of past service for pensions, it should be dealt
with under CCA Rules. The provision causing forfeiture of service for
pension purposes on account of interruption may, therefore, be deleted.
3.7
Resignation as retirement: Resignation is tendered by a Government
Servant in varying circumstances. It is felt, therefore, that
resignation need not always result in forfeiture of past services (Rule
26 of Pension Rules) and denial of Pension. An objective view is
required to be taken by the appointing authority in the case of all
those who tender resignation after completion of 20 years of service.
Such resignation may be treated as voluntary retirement and benefits
extended accordingly. In this connection we may cite the following
decisions of the Judiciary:
(a) CAT Mumbai full bench OA No.1384/1985 decided on 8.7.1997
(b) CAT Ahmedabad OA No.498/2002 decided on 18.03.2004
(c) CAT Jabalpur O.S No.623.1991 decided on 13.10.1995
(d) Bombay High Court WP No.615/1996 and WP No.2586/1997 decided on
28.02.2002
Even
5th CPC in Para 133.79 had recommended that terminal gratuity at
different rates be paid to those who resign after putting in certain
years of service and resignation after 20 years of service may be
treated as voluntary retirement and pension may be paid accordingly. We,
therefore, request the 7th CPC that the above recommendation may be
reiterated.
3.8
There are certain employees who are in the CPF Scheme but could not
opt for the Pension Scheme in the year 1986. These are mostly women
employees employed in Atomic Energy Commission etc who could not make up
their mind as to whether they could render the requisite number of
service necessary for grant of full pension. In certain autonomous
bodies while options for Pension scheme have been obtained, this is not
being granted. They may now be allowed to revise their option. Our
suggestion is that CPF / SRPF retirees may be granted Minimum Pension.
3.9
The VI CPC has done away with the requirement of 33 years of qualifying
service for full pension. They have said that full pension may be
granted to those who have the qualifying service of 20 years. Therefore
we have no further suggestion to place before the Commission on this
issue.
- Rate of Pension:
3.10
We should keep in mind the observation of the Apex Court that the
pension scheme must provide so much that the pensioner should be able to
live:
(i) Free from want, with decency, independence and self-respect, and
(ii) At a standard equivalent at the pre-retirement level.
(The Court had further observed that we owe it to the pensioners that they live; not
merely exist.)
3.11 Therefore taking into account that on superannuation an employee is left with a „two unit family‟ generally
and therefore if he is to be enabled to maintain a standard equivalent
to the pre-retirement level, the rate of pension should be 67% of the
last pay drawn. We therefore suggest that full pension should be at the
rate of 67% of Last Pay Drawn or 10 months average emoluments, whichever
is more beneficial.
3.12.
It is pertinent to point out that several countries in the world pay
higher rate of pension to their civilian pensioners. France is paying
75% of last six months average emoluments as pension; Belgium is paying
75% of last five years average as pension; Cyprus is paying 67% of final
salary as pension; Malta is paying 80% of average of best 15 years
wages as pension; Our neighbour Sri Lanka which is also in the lower
middle income group of countries like India in South Asia, is having a
scheme called "Public Servants Pension Scheme (Defined Benefit Scheme)
established in 1901, as a mandatory scheme financed by the Government
budget is paying 85% to 90% (for 30 years of service) of last one year
annual salary at retirement as pension (Source: Sri Lanka Pension
Department Circular No.3/2004 dated 16.01.2004); The life expectancy in
Sri Lanka at 60 is 20.2% which is 3.5% higher than India.
3.13
In Pakistan which is another neighbour and remains in the same lower
middle income group of countries is calculating pension on the following
formula:
"Number
of years of service X Last Basic Pay X 7 and divided by 300. If an
employee has served 35 years of service and received last basic pay as
Rs.10,000/- then that employee shall get a pension of 8.167/- (i.e.,
81.67%).
3.14
In Bangladesh the retirement age is 57. The life expectancy at 60 in
Bangladesh is 17.9 which is same as in India. This country also remains
in lower middle income group of countries like India. But Bangladesh
pays 80% of last pay as pension. In the war devastated country of
Afghanistan,, pension is calculated on last 36 months average; for each
year it is 2% and a maximum of 80% is given as pension in that country.
3.15
From the above comparison with some of the world countries of both
European as well as our own South Asian countries, it is clear that all
those countries are paying better percentage of pension to their
Civilian employees. India appears to be one of the less pension paying
country despite its image of one of the faster developing economies in
the world. We therefore suggest that the basic pension to be determined
should be 67% at least on the basis of the last pay drawn or the 10
months average emoluments, whichever is more beneficial to employee
subject to the condition that the pension so determined shall not be
less than the minimum of the pay scale of the post held by him at the
time of his retirement.
- BSNL Pensioners Issues.
(i) Pension
Revision of BSNL pensioners should be made mandatory when ever wage
revision is implemented in BSNL. Before the formation of BSNL on
01-10-2000, Rule 37-A was incorporated to the CCS (Pension) Rules, 1972
to ensure pension to the BSNL absorbed DOT employees from the
Consolidated Fund of Government of India. Subsequently, this position
was ratified by the Secretary, Department of Telecom vide his DO letter
dated 15-05-2005.,that in respect of employees who have been absorbed in
BSNL,BSNL is liable to pay the pension contribution in accordance with
FR 116 and liability on account of pension payable will be that of
government of India. Surprisingly, DOT issued another letter on 15th June,2006,reversing
its earlier decision and linked payment of pension with receipt of
revenues from BSNL. This, being most dangerous and certain to create
problem in future for payment of pension, the unions took up the issue
seriously and the DOT was compelled to issue another letter stating that
the contents of the letter dated 15-06-2005 will not be insisted. But
in the absence of cancellation/nullification of the controversial letter
dated 15-06-2006, when ever the pension revision issue of BSNL
pensioners is initiated, hindrances/road blocks are raised not only by
DOT, but also by other departments like Expenditure, Law and Public
Enterprises,on the basis of the above letter. This has happened when
pension revision of pre 2007 BSNL pensioners was initiated and now for
pension revision on 78.2% IDA merger.This position should not be allowed
to continue and the BSNL pensioners should be treated at par with
central government pensioners, as they are covered under rule 37-A of
CCS(Pension) Rules,1972. Therefore pension and pension revision should
be granted to BSNL pensioners irrespective of the payments made by BSNL.
(ii) Other benefits granted to BSNL employees from time to time should be granted to the BSNL pensioners also.
(iii)
All the pensionary benefits,that may be granted to the central
government pensioners based on the recommendations of the 7th Central
Pay Commission should be extended to the BSNL pensioners as in the case
of 6th Pay Commission recommendations.
- Additional Pension
3.16
It has already been well recognised that as the age after
superannuation further advances, not only the pensioner becomes weak in
limbs but also becomes more susceptible to various geriatric diseases.
He will have to incur additional expenses for his upkeep. There are also
the social obligations and increased expenses on medical treatment etc.
3.17
The Government of India has accepted and implemented the 6th CPC
recommendation of age-related additional pension beyond the age of 80.
However the 6th CPC did not recommend any addition to the pension for a
period of 20 years after superannuation at the age of 60. Their argument
was that every pensioner gets increase in his / her pension after 15
years when the commutated portion of his pension is restored. This is
not at all a valid ground. Even during these 15 years the Dearness Relief
is calculated on his gross pension and not on his net pension after
commutation and he earns interest on commuted value of pension.
Therefore there is no increase in pension on account of restoration of
commuted pension after 15 years.
3.18
In our opinion this needs certain revision. According to SSO survey
(2007- 08) 7.5% population only is above the age of 60. Naturally this
may reflect among the pensioners also. Life expectancy at 60 is only
17.9 and at 70 it is only 11.8 (Source: Sample Registration System O/o
the Registrar General India). This means a Government servant is
receiving pension for 18 to 22 years. In the age group of 60 to 79, in
Rural areas 5% and in Urban areas 5.5% is confined to bed. In the same
age group 22.4% in Rural areas and 20.2% in Urban areas is confined to home
due to physical immobility (Source: National Sample Survey, 60th Round,
2004). After retirement, their income from pension is nearly 1/3rd of
their gross salary at the time of retirement. But they have to spend
more on medical care. This age-group therefore also needs some relief by
way of additional pension. Incidentally Afghanistan which is one of the
low income countries in Asia, is having a retirement age of 65 with a
formula of grant of additional pension at the rate of 3% for each year
after 65 years of age and the maximum 80% additional pension is paid.
3.19
Therefore we seek the 7th CPC to consider addition to the pension after
granting 67% of last pay drawn (LPD) / Average of emoluments as full
pension on superannuation at 60 years of age as under, because of
prevailing life expectancy of Indian Citizen Age is 69.6 (assessed
during the year 2011-15) and the old pensioner who is also considered to
be senior citizen has to wait for a period of twenty years on his
retirement to get an increase at his age of 80 maintaining his health
from disease burden.
On attaining Age of Additional Quantum of Pension
65 Years 5% of Basic pension
70
Years
5% of Basic pension
75 Years 5% of Basic pension
80 Years 6% of Basic pension
85 Years 6% of Basic pension
90 Years 6% of Basic pension
- Minimum Pension
3.20
Though the concept of minimum pension and the method of computing it
have not been explained by any of the pay commissions or the Government,
it is clear that the Minimum Pension is 50% of the Minimum Wage. The
rationale behind the percentage has nowhere been explained. We however
think that in order to ensure that it is adequate, 100% of the minimum
wage should be the Minimum Pension. The very concept of Need Based
Minimum Wage is that this is a level of wage below which a worker's
family cannot subsist / survive and remain capable to perform. That
being the concept of minimum wage, it should also apply in the case of
Minimum Pension on the premise that any pension lower than the Minimum
pay is insufficient to enable a pensioner / family pensioner to live or
survive.
- Dearness Compensation
3.21
We have no suggestions for improvement of this issue except that
Pensioners may be paid the same dearness compensation viz., at the same
rate as it is being paid to the serving employees. It should be
periodically merged with the basic pension so that deficiency in the
100% neutralization in the cost of living is partially compensated.
- Merger of Dearness Relief with Basic Pension
3.22
As on 01.01.2014, the Dearness Relief compensation stands at 100%. The
suggestion for merger of DR to partially compensate the erosion in the
real pension was first suggested by the Gadgil Committee in the post 2nd
Central Pay Commission period. The 3rd CPC had recommended such merger
when the cost of Living Index crossed over 272 points i.e. 72 points
over and above the base index adopted for the pension revision. In other
words, the recommendation of the 3rd CPC was to merge the
Dearness Relief when it crossed 36%. The Government in the National
Council JCM at the time of negotiation initially agreed to merge 60 %
Dearness Relief and later the whole of the DR before the 4th CPC was set
up. The 5th CPC merged 98% of DR with pension.
3.23
The methodology adopted for compensating the erosion in the real value
of pension in the interregnum period had always been through the
mechanism of merger of a portion of Dearness Relief. The 5th CPC had
recommended that the Dearness Relief must be merged with basic pension
as and when the percentage of Dearness compensation exceeds 50%
accordingly even before the setting up the 6th CPC the Dearness Relief to the extent of 50% was merged with pension.
3.24
It was totally ironic to note that deviating from all other Pay
Commissions, the 6th CPC had made a reversal and recommended that no
Dearness Allowance / Dearness Relief should be merged with the Basic Pay
of employees / Basic Pension of Pensioners. The recommendation had
dealt a severe blow below the belt as this recommendation denied
everyone from having any cushion against the erosion caused in the real
value of pension in between two pay commissions. Had the recommendation
of V CPC been continued, there would have been two automatic mergers of
Dearness Relief by this time as V CPC recommended such a merger
automatically whenever the dearness relief index crosses 50% mark.
3.25
The Central Government also taking undue advantage out of the
recommendations in the name of 6th CPC has been stiffly denying any such
merger of DA/ DR. This issue requires course correction and we suggest
that the 7th CPC should recommend for automatic merger of DA / DR as and
when the index crosses the 50% mark and before setting up another Pay
Commission entire DA should be merged with pay as was done by the V-CPC.
The
submission made in Staff Side Memorandum on this issue are reiterated
with a request that the commission may submit a interim report
recommending that 100% of DR may be merged with the basic pay w.e.f.
1.1.2014
I Grant of Interim Relief
3.26
In Memorandum submitted by and on behalf of Staff Side of National
Council (JCM) on the above issue, 25% of basic pension as Interim Relief
for Pensioners and G D S of Postal Department has been demanded. VII
CPC may consider this demand and give an Interim Report to the
Government recommending that 25% of basic pension may be granted to all
pensioners w.e.f. September 2013 when the Government had announced the seting up of 7th Central Pay Commission.
J Periodical Revision of Pensionery benefits
3.27
We submit that there should be a system of periodical revision of pay /
pension structure in Public Sector takes place after every five years.
Pay and Pension structure which should also be revised after every five
year. Present wage structure is based upon minimum which is lower than
Need based Minimum only through periodical revision it may be attaining
the fair wage and finally to living wage standard. Under Article 43 of
the Constitution, State has to endeavour to secure living wage to all
workers. And this is possible over a period of time. It is on these
considerations that revision of wage / pension has to be done every five
year till the living wage standard is achieved.
CHAPTER – IV
Parity Between Past And Future Pensioners
4.1 The Government have recently announced that "One Rank One Pension" shall
be implemented in respect of Armed Forces so that the glaring disparity
between the persons of equivalent rank and status do not draw vastly
unequal pensions if they retire at different point of time is undone.
Already there is a complete parity in pension among the Judges of
Supreme Court, High Court and the Comptroller and Auditor General of
India, irrespective of the date of their retirement.
4.2
In so far as the Civilian Employees are concerned the principle of
parity in pension between the past and the future pensioners was
implemented by the Government as had been recommended by the V CPC. The V
CPC recommended that "as a follow up of our basic objective of parity
we would recommend that the pension of all pre-1986 retirees may be
updated by notional fixation of pay as on 1.1.1986 by adopting the same
formula (Revised Pay Rules) as far as the serving employees. This step
would bring all the past pensioners to a common platform on to the 4th
CPC pay scales as on 1.1.1986. Thereafter, all pensioners who have been
brought on the 4th CPC pay scales by notional fixation of pay and those
who have retired on or after 1.1.1986 can be treated alike in regard to
consolidation of their pension as on 1.1.1996 by allowing the same
fitment weightage as may be allowed to the serving employees". They
further recommended that "the consolidated pension shall not be less
than 50% of the minimum pay of the post as revised by the CPC held by
the pensioner at the time of retirement". The V CPC further said that
"this attainment of reasonable parity needs to be continued so as to
achieve complete parity over a period of time". However the VI CPC
totally ignored these recommendations of the V CPC and has reintroduced
the element of disparity by not adopting the same formula for post 1996
retirees, and by not recommending the same fitment benefit and other
recommendations liberalising the pension rules in respect of pre-2006
retirees. Thus a huge disparity between pre-2006 and post-2006 retirees
has been created by the VI CPC.
4.3
We therefore urge that pay of every pre-2014 retiree should be
notionally redetermined (corresponding to the post from which he or she
retired and not corresponding to the scale from which he or she retired)
as if he or she is not retired and then the pension be computed under
the revised liberalised rules which are to be applicable to the
post-2014 retirees under the same rules which would be applicable to
employees in service as on 1.1.2014.
CHAPTER – V
Family Pension
5.1
At present the family pension is given at the rate of 30% of Pay last
drawn. However, family pension shall be equal to 50% (67% as proposed by
us) of pay last drawn or twice the rates given above, whichever is less
and the amount so admissible shall be payable from the date following
the date of death of the Government Servant for period of 7 years or for
a period up to the date on which the deceased Government Servant would
have attained the age of 67 years had he survived / 10 years in case of
death in harness. The family pension is not less than Minimum Pension.
5.2
The above Rule is applicable to a Government Servant who is not
governed by Workman Compensation Act, 1923, if he dies while in service,
after having rendered not less than 7 years of continuous service.
5.3 The prescribed period for which the family pension is payable is as under:
(i) In the case of a widow or widower, up to the date of death or remarriage whichever is earlier.
(ii) In the case of a Son until he attains the age of 25 years.
(iii) The unmarried / widowed / divorced daughter.
(iii) The disabled mentally retarded child of the Government Servant.
5.4 We suggest as under:
(a)
"Though Unions and Pensioners' Associations demanded enhanced Family
Pension for 10 years in the case of death of both employees and
pensioners, the VI CPC recommended enhanced family pension for ten
years in the case of death in harness only stating that a special
dispensation is justified for them( Para-5.1.42 )and the government
accepted /implemented the same, thereby dividing a single class of
Family Pensioners. Earlier to it was for 7 years subject to ceiling of
58+7=65, which was later altered to 60+7=67 years on change of
retirement age in the case of death of both employees as well as
pensioners uniformly. As the enhanced Family Pension on the death of
the Head of the family is intended for the family to stabilize the
sudden drop in the take home pay/pension and as the distress due to loss
of bread winner, the enhanced Family Pension and the financial
insufficiency are the same whether it is the death in harness or
pensioner's death, it is felt that the introduction of a different
enhanced period for death in harness alone amounts to unfair labour
practice. As the distress, financial crunch and sentimental depression
are more or less the same , we feel strongly that there is no need to
differentiate between the two 'distress situations'.The Commission is
requested to recommend removal of this disparity to enable grant of
enhanced family pension uniformly in both the cases for 10 years
keeping in view the principle of social justice , equity and fair play.
(b)
The quantum of family pension for the period of 10 years should be
equal to the pension of the Government Servant was entitled as per
Rules.
(c)
After the expiry of the above 10 years period, the family pension may
be reduced to 75% of full pension or 50% of last pay drawn whichever is
higher.
(d)
In case of a Son, the family pension may be allowed up to the age of 28
years. This is suggested because the recruitment age has been raised in
certain cases to 28 years.
(e)
The concession extended to a disabled mentally retarded child to
receive family pension until his / her death is subject to the condition
that the said disability should have manifested before the death of
Government employee. We suggest that this condition may be removed.
5.5
A Government Servant retired on medical invalidation after rendering
less than 10 years of service ( 5 years as per our proposal) gets no
pension. We suggest that he should be granted full notional pension
(i.e., 67% of his emoluments / Minimum pension, whichever is higher. On
death of such a Government Servant his family should get:
(a) Full notional pension / Minimum pension during first 10 years after his death.
(b) 75% of the above or Minimum pension, whichever is higher, thereafter.
Additional Pension:
5.6
In the case of family pensioners also taking into account their
solitude and inability to earn and the ever rising cost of living etc we
request for the enhancement of the family pension at the following
rates:
On attaining age of Additional Quantum of Family Pension
65 Years 5% of Family pension
70 Years 5% of Family pension
75 Years 5% of Family pension
80 Years 6% of Family pension
85 Years 6% of Family pension
90 Years 6% of Family pension
Extra Ordinary Pension
5.7
The 5th CPC in Para 135.17 of its Report has recommended that
regulation of compensation or disabilities categorized under (b) and (c)
should be:
"II – Cases of disability (100%) resulting in discharge from service"
"Normal
pension and gratuity admissible under CCS (Pension) Rules, 1972,
without insisting on the requirement of minimum service of ten years
plus Disability Pension equal to the normal Family Pension, i.e., 30%
(as per our proposal 50%) of the basic pay".
5.8
The Department of Pension & Pensioners Welfare, while issuing
orders on acceptance of the recommendation vide OM
No.45/22/97-P&PW(C) dated 3.2.2000 (incorporated in Appendix-3 of
Swamy‟s Pension Compilation) the well-meaning recommendation has been altered as follows:
"III – Disability Pension – for cases covered under categories „B‟ and „C‟.
"(1)
Normal pension and gratuity admissible under the CCS (Pension) Rules,
1972 plus – Disability Pension equal to 30% of basic pay for 100%
disability." This has resulted in a Group „D‟ employee with 6 years‟ service,
who has been invalidated (with 45% disability) and boarded out of
service not getting the minimum pension towards "Service element". This
injustice is required to be set right.
5.9.
Extension of Family Pension Under CCS (Pension) rule, 1972 to CPSU
absorbees who were compulsorily covered by the "Employees Family Pension
Scheme, 1971 on their absorption in Centyral Public Sector undertaking
and to those absorbees who were not eligible for family pension since
they were drawing more pay than the prescribed limit for eligibility
under the scheme.
Central
Government employees who were on deputation to Central Public Sector
Undertaking / Autonomouns Bodies (AB) and who were subsequently
permanently absorbed in the CPSU / AB were compulsorily covered by the
'Employees Family Pension Scheme, 1971 framed under the Employees
Provident Funds and Miscellaneous Provisions Act, 1952 (Administred by
the Provident fund Commissioners), if the said scheme was in operation
in the CPSU / AB in which the Central Government employees was absorbed.
And such of those absorbees who were drawing more pay then the
prescribed limit under the scheme not for family pension under EFPS –
1971.
Government of India , Department of Pension & Pensioners Welfare vide its O.M No. 1-18/86-P&PW (D) dated January, 1990 accepting the request of the Staff Side in the 29th ordinary
meeting of the National Council (JCM), revised the family pension
entitlement of the absorbed employees and allowed them an option to
choose either Family Pension Scheme of the Central Government (i.e. CCS
(Pension) Rules) or by that of the CPSUs /Abs (ie Employees Family
Pension Scheme, 1971). These modifications to family pension
entitlements of absorbees were given effect to from the date of issue of
the O.M. ie 22.1.1990 and were extended to only such of those absorbed
employees who were in service on the said date and who were permanent
and had a qualifying service of not less than 10 years in the
Government. all other absorbees were compulsorily covered by the
Employees Family Pension Schem, 1971.
The
Central Government Employees who were permanently obsorbed in CPSUs /
Abs and who satisfied the conditions of qualifying service in the
Government, but had retired before 22nd January, 1990 could
not opt to come over to the Central Family Pension Scheme (CCS (Pension)
rules, 1972) and were compulsorily covered by the Emplyees Family
Pension Scheme, 1971.)
As
a result of the above, there are now 3 categories of retired CPSU
Absorbees. (1) Absorbees eligible for family pension under Employees
family pension scheme, 1971, (2) Absorbees who are eligible for family
pension under CCS (Pension Rules, 1972 and (3) Absorbees who are not
eligible for family pension under any Scheme.
The
VII Central Pay Commission is requested to recommend removed of the
disparity existing between the 3 categories of CPSU Absorbees stated
above by extending the provisions of CCS (Pension) Rules, 1972 to all
the Absorbees uniformly making them eligible for family pension.
CHAPTER – VI
Gratuity And Commutation Of Pension
Gratuity
6.1
Retirement Gratuity is paid at ¼ of basic pay for each completed six
monthly period of qualifying service subject to a maximum of 16.5 times
of the emoluments. There is also a monetary ceiling of 10 lakhs. This is
applicable to all Government Servants who retire on completion of 5
years of service. However, if a person dies in harness his family is
granted the gratuity at certain prescribed rates:
6.2
We suggest that the gratuity may be calculated on the basis of 25
effective days as against 30 days in a month. We make this suggestion
because the Government Servant should not be paid at a rate lesser than
what is admissible under the Gratuity Act.
6.3
The ceiling of 16.5 times should also be removed. This is because under
existing rules gratuity is reduced in the case of a Government Servant
who has put in less than 33 years of service. In the banking industry
there is no such ceiling of 16.5 months‟ salary
but the retiring bank employees are getting at the rate of ½ a month
salary for every year of service even over and above 33 years of
service. Therefore, it is but logical that for a service span exceeding
33 years, the gratuity should be higher and the above ceiling be
withdrawn.
Commutation of Pension and its Restoration
6.4
Central Government employees are permitted to commute up to 40% of
their basic pension. We have no suggestion to make in this regard.
6.5
In the light of Supreme Court decision, commuted value of pension is
restored on completion of 15 years or on reaching 75 years of age
whichever is later. Most of the State Governments are restoring full
pension after 12 years or on reaching 70 years of age. We, therefore,
propose that full pension be restored after 12 years, or on reaching the
age of 72 years, whichever is earlier. From the table given below it
will be seen that the entire commuted value gets repaid to the
Government by the Pensioners within 12 years.
Sl.No Details Age next birth day = 61 years
1 Commutation factor 9.81
2 Amount commuted Rs. 100
3 Commuted value received Rs.11,772
4 Amount recovered in 12 years Rs.14,400
5 Amount recovered in 15 years Rs.18,000
6 Excess recovered in 12 years Rs. 2,628
7 Excess recovered in 15 years Rs. 6,228
6.6
Now when the commutation factor has been reduced and is applicable
after 2008, the restoration of commuted pension should be after 10
years. It will be seen that entire commuted value gets repaid within 10
years as could be clear from the table given below.
Sl.No Details Age next birth day = 61 years
1 Commutation factor 8.194
2 Amount commuted Rs.100
3 Commuted value received Rs.9,833
4 Amount recovered in 10 years Rs.12,000
5 Amount recovered in 15 years Rs.18,000
6 Excess recovered in 10 years Rs.2,167
7 Excess recovered in 15 years Rs.8,167
6.7
Taking all these factors into account, we suggest that the commuted
pension may be restored on completion of 10 years or reaching the age of
70 years, whichever is earlier.
CHAPTER – VII
Medicare
7.1
The following landmark judgments of the Supreme Court of India have
held that the enjoyment of highest attainable standard of health is
recognized as a fundamental right of all workers / pensioners in terms
of Article 21 read with Article 39, 41, 43 and 48 of the Constitution:
(i) Consumer education and Research Central and others Vs Union of India (AIR 1995 Supreme Court 922)
(ii) Laxman Thammappa Kothagiri Vs General Manager Central Railway & Others [2005(1) SCALE)
(iii) Indian Medical Council Vs V.P.Shantha & Others (1995(6) SCC651)
Therefore
improvements in the existing Medicare systems are absolutely essential.
"Health is not a luxury"and "not be the sole possession of a privileged
few". It is a Fundamental Right of all present and post Employees. The
enjoyment of the highest attainable standard of health is recognized as
a fundamental right of all workers in terms of Article 21 read with
Article 39 for a 41, 43, 48A and all related Articles as pronounced by
the Supreme Court in Consumer Education and Research Centre &
Others vs Union of India (AIR 1995 Supreme Court 922) The Supreme court has held that:
"the
right to health to a worker is an integral facet of meaningful right to
life to have not only a meaningful existence but also robust health and
vigour. Therefore, the right to health, medical aid to protect the
health and vigour of a worker while in service or post retirement is a
fundamental right-to make life of a worker meaningful and purposeful
with dignity of person. Thus health care is not only a welfare measure
but is a Fundamental Right".
We
suggest that, all the pensioners, irrespective of pre-retiral class and
status, be treated as same category of citizens and the same homogenous
group. There should be no class or category based discrimination and
all must be provided Health care services at par. We also request the
commission to recommend to govt. to make preventive health care an
essential ingredient of all health care schemes for retired Persons. CGHS and RELHS should be expanded and improved also CSMA Rules 1944 be extended to pensioners residing outside CGHS Area.
7.2
Nursing Homes / All India Private Hospitals / Diagnostic Centres to
cater for the CGHS beneficiaries should be increased in such a way that
they will be nearer to the residence cluster of the beneficiaries. While
selecting great care should be taken that no beneficiary is required to
travel more than 2.5 KMs to obtain treatment. In Delhi, the recent
approval for hospitals has been done without keeping the distance of
beneficiaries residence localities. Some areas have been completely
forgotten and some points have been given more than one referrals. This
appears well on paper and satisfies the Ministry but in practical terms
it is more a punishment for the beneficiaries.
7.3
We wish to invite attention of 7th CPC to the recommendation made by
the V CPC as detailed in Para 140.11 of their report regarding extension
of CGHS. Unfortunately, the well intentioned recommendation has
remained still as recommendation only. Under some plea or the other,
there had been practically no expansion whatsoever in this regard, which
is regrettable. A number of proposals had been forwarded to the
government by the many pensioners Associations but have been kept in
cold storage. The 7th CPC is requested to reiterate this important
recommendation, suggesting opening of new CGHS dispensaries as per
prescribed norms securing clearance from Planning Commission, wherever
necessary.
7.4 Medical facilities to Pensioners:
Smart
Cards to Pensioners: Smart Cards may be issued to all Pensioners from
all Department (including Postal Pensioners) and their dependents for
cashless and hassle less medical facilities across the country in all
Government hospitals; all NABH accredited Multi Super Speciality
Hospitals which have been allotted land at concessional rates or given
any other aid or concession by any Government; all CGHS, RELHS and ECHS
empanelled Hospitals.
· No
referral should be insisted in case of medical emergencies. For the
purpose of reference for hospitalization & reimbursement of
expenditure thereon other than in emergency cases Doctors/Medical
officers working in different Central/State Govt. department
dispensaries/health units should be recognized as Authorized Medical
Attendant.
7.5
Discrimination to P&T Pensioners: The Central Government
Pensioners, whether they were beneficiaries or not while in service, are
permitted to join CGHS on retirement. However the Ministry of Health
& FW had issued an order dated 1.8.1996 according to which all
P&T Pensioners who were not participating in CGHS while in service
have been debarred. This in itself is a very grave discrimination, which
is not permissible under Article 14 of the Constitution. This was
therefore challenged in Courts and the latest position achieved is that
the Courts have held that the P&T Pensioners may be permitted to
participate in CGHS or alternatively covered under CS (MA) Rules, 1944.
7.6
Postal Dispensaries: In the meantime, following the recommendations of
the V CPC and VI CPC, 19 P&T Dispensaries in 12 CGHS Cities have
been merged with the CGHS. Instead of now allowing all P&T
pensioners irrespective of the station they live, only those who are
living in these 12 Cities have been allowed to participate in the CGHS.
This is also discriminative because all other Central Pensioners are
permitted to join CGHS irrespective of the fact where they are living.
It is therefore urged that the 7th CPC should recommend that the above
discrimination is put an end to and all P&T Pensioners may be
allowed to participate in CGHS.
7.7
The Department of Post running its Postal (formerly P&T)
dispensaries in 45 cities for outdoor treatment to its working and
retired employees. Out of them 19 dispensaries in 12 cities have been
merged with CGHS where CGHS and Postal dispensaries co-existed, by
Ministry of Health & Family Welfare vide Notification dated
9.7.2013. Now there remains 33 dispensaries in cities namely, Vadodara,
Agra, Moradabad, Saharanpur, Varansi, Gorakhpur, Aligarh, Bareilly,
Behrampur, Cuttack, Siliguri, Jalpaiguri, Trichurapalli, Triunelveli,
Ambala, Silchar, Dibrugarh, Guntur, Nellore, Rajmundri, Vijayawada,
Vishakhapatnam, Ajmer, Jodhpur, Kota, Dhanbad, Gaya, Muzzafarpur,
Chapra, Raipur, Amritsar and Jallandhar. In fact in these Postal
Dispensaries only outdoor treatment is given for serving and retired
employees, but for working employees indoor medical is given through
either CS (MA) Rules or by authorizing private hospitals like CGHS, (NO
INDOOR FOR RETIRED EMPLOYEES). From working employees no contribution is
realized whereas yearly contribution is realized from pensioners, on
the other hand, in CGHS there is no such discrimination between and
retired employees with regard to treatment and contribution both. IT IS
BE NOTED THAT CGHS AND POSTAL DISPENSARIES BOTH WERE FORMED UNDER THE CS
(MA) RULES, THEN WHY THIS DISCRIMINATION EXISTS BETWEEN CGHS AND POSTAL
DISPENSARIEAS. The department of Posts is required to amend its rules /
instructions, so that the facilities / contribution is made available
to pensioners at per working employees alike CGHS.
The
VII CPC may kindly consider the above state of discrimination between
serving Postal employees and Pensioners and recommend that Postal
Pensioners may also be provided indoor treatment under CS (MA) Rules.
7.8
Hospital Regulatory Authority: We suggest that a Hospital Regulatory
Authority shall be set up to ensure that the hospitals provide
reasonable care to Smart Card holders. This Authority can undertake
periodical revision of CGHS approved rates for several kinds of medical
treatment as well as for lab tests in consonance with the prevailing
market conditions so that no crisis develops like refusal of treatment
by empanelled hospitals.
7.9
Fixed Medical Allowance: The Government fixed the rate of FMA as 300/-
per month to the Pensioners not covered under CGHS etc. Several appeals
for revision of this amount in a realistic manner to suite the
conditions prevailing on counts like Doctor‟s
fees, cost of medicines, rate of lab tests etc went in vain as the
Government stoutly refused to enhance this FMA in a reasonable manner.
It can be seen that the Employees Provident Fund Organisation under the
Central Government's Ministry of Labour was paying a monthly FMA to its
employees at the rate of 1200/- prior to 6thCPC when the
other Central Government employees were drawing only 100/- per month.
The same EPF Organisation came forward to enhance the said FMA from
1200/- to 2000/- per month w.e.f. 1st March,
2013 for the serving employees, EPF pensioners and family pensioners.
When an organisation under the same Central Government has taken steps
to suitably enhance the Fixed Medical Allowance in consonance with the
market conditions, there is no justification whatsoever for the Central
Government to adamantly refuse to keep this FMA at a lowest level of
Rs.300/- per month which everyone knows is totally inadequate to the
medical needs of a pensioner's family. When pressed the Government have
stated that as this allowance was introduced by the V CPC, the
enhancement of its rates will have to be considered and recommended by
another pay commission. We suggest that the 7th CPC recommend for
refixation of FMA @ 2000/- per month plus DA thereon. In addition this
FMA shall be permitted to those pensioners who want to undergo only
Unani or Ayurveda or Homeopathy type of treatments even though they live
in areas covered by CGHS.
7.10
CS (MA) Rules 1944: In the interregnum period of permitting all
pensioners into the CGHS without any discrimination, the CSMA Rules,
1944 should be extended to pensioners living in non-CGHS areas and
stations, which are at present not covered by CGHS. As recommended by V
CPC, vide Para 140.18 of their report, benefit of CS (MA) Rules, 1944
should be extended to pensioners in non-CGHS areas at least to the
extent of full reimbursement of expenses incurred for hospitalization in
a Government hospital or hospitals recognized under CS (MA) Rules for
the serving employees or those hospitals recognised by State Governments
for such purposes for their employees. To cite examples, in the City
of Mysore, a number of hospitals have been recognized under CS (MA)
Rules, 1944 for serving Central Government employees. But Pensioners
cannot avail the benefit merely because there is no CGHS dispensary
there. Similarly, in Udupi though the world-famous "Kasturba Hospital"
is recognised under CS (MA) Rules, 1944 for serving employees, the
Pensioners do not get the benefit merely because there is also no CGHS
dispensary available. "The benefit of the liberalised orders bearing No.
OM No.S-11011/7/99-CGHS(P) dated 27-4-20110f the MoH&FW can not be
availed by all pensioners living in non-CGHS areas as the order pre
supposes possession of a CGHS card by such pensioners.
7.11
Several cases of claims for reimbursement of medical expenses incurred
by pensioners living in non-CGHS areas have been decided in favour of
pensioners by the CATs and even the High Court of Gujrat at Ahmedabad.
"All the SLPs ( 34 in all ) filed by the government of India in this
connection have been dismissed by the Supreme court of India on 3-4-2012
and Government of India had to issue orders directing all concerned to
allow reimbursement of the medical claims of pensioners concerned living
in non-CGHS areas /Stations.7th CPC is therefore requested to make
suitable recommendation in this regard in order that even if CGHS
dispensaries are not opened, for whatever reasons they may be, the
Central Government pensioners may avail medical in-patient facilities
(in hospitals recognized under CS (MA) Rules, 1944 for serving
employees) and get reimbursement of expenses from the departments to
which they belong.
7.12
It is a fact that ESIC medical scheme caters for more than 35 millions
of beneficiaries in the private factory employment sector. If the ESI
System with a network of 144 hospitals, 42 Annexes, 1400 dispensaries
and tie up with 2041 private medical practitioners besides with a large
number of Super Specialty Hospitals can provide medicare, why should not
CGHS / CSMA cater for the medicare needs of more than 40 lakhs of
employees and more than 30 lakh of pensioners spread all over the
country like the ESIC beneficiaries? The 7th CPC may kindly examine the
feasibility of improving the present CGHS / CSMA formats to ensure
Medicare to all Central Government employees and Pensioners. There is no
need absolutely to scout for alternate method. The recommendation of
the 5th CPC for suitably amending CS (MA) Rules, 1944 for providing
indoor medical attention to a very small segment of Central Government
Pensioners residing in non-CGHS areas should not pose any insurmountable
hurdles. It is fortunate that the nodal Ministry viz., Ministry of
Health and Family Welfare, has accepted the need for Medicare to 60 plus
retired personnel that they should not be deprived of the medicare and
the Judiciary have taken cognizance of this principle, there should be
no hesitation in amending the CS(MA)Rules, 1944 for providing in-door
attention to the retired employees.
CHAPTER – VIII
Miscellaneous
8.1 Pension and Dearness Relief and Fixed Medical Allowance to be net of Income Tax.
The
purchase value of pension gets reduced day by day due to continuous
high inflation and steep rise in cost of food items and medical
facilities. Retired persons / Senior citizens do not enjoy fully public
goods and service provided by Government for citizens due to lack of
mobility and many other factors. Their ability to pay tax reduced from
year to year after retirement due to ever-increasing expenditure on
food, medicines and other incidentals. Their net worth at year end gets
reduced considerably compared to the beginning of the year. Inflation,
for a pensioner is much more than any tax. It erodes the major part of
the already inadequate pension. To enable pensioners, at the fag end of
their lives, to live in minimum comfort and to cater for ever rising
cost of living, they may be spared from paying Income Tax on Pension and
the DR – as recommended by 5th Pay Commission in para 167.11 of their report.
8.2
Housing: Central Government employees in occupation of Government Staff
Quarters on retirement are constrained to hire private accommodation at
exorbitant and prohibitive rental. They are per force to spend a
sizable portion of the pension on rent alone. While in services, though
they are entitled to get house building advance etc, most of them are
unable to avail the facility and construct house for the salary income
they earn is incapable of making the both ends meet. It is therefore
necessary that a provision is made for reserving a percentage of the
number of residential units constructed by the State / Central Housing
Boards and Corporations, for outright purchase of allotment on
instalment basis to pensioners. We therefore suggest that 10% of the
total units constructed by the State Housing Boards, Central Housing
Corporations etc to be reserved for pensioners. Similarly quite a number
of staff quarters sometimes lie vacant without occupation by serving
employees and such quarters may be allotted for pensioners on payment of
just licence fee only. In addition, dormitory type single room
tenements with common dining hall, library, cultural centre, auditorium,
basic medical facility etc may be constructed at the outskirts of the
cities and allotted to pensioners on payment of a reasonable amount.
Until such schemes are accepted and worked out, HRA may be granted to
the Pensioners on the same rates as is given to serving employees.
8.3
Travel Concession: Senior Citizens on attaining the age of 60 years
(Males) and 58 years (females) are given fare concession in Railway
travel at the rate of 40% and 50% respectively. We suggest that retired
Government Servants may be allowed the facility of travel concession
once in 2 years to any place inside India from their place of their
residence. We point out that the purpose of granting LTC to serving
employees has an in-built advantage of encouraging tourism development,
which is helpful to the economy in several ways. Similarly any travel
concession granted to Pensioners will also boost the tourism development
in the country besides bringing happiness at their old age.
After retirement,
most of the pensioners spend the time on spiritual activities. They
like to visit important religious places in the country. The
Commission's attention is drawn to the fact that Government of Punjab is
granting Travel Concession to all its pensioners by paying one month's
Basic Pension for every block of 2 years. It was introduced from
1/1/1989 and the payment is made in January every two years (Source:
Punjab Government letter No.1/15/89-IFP-II/8078 dated 31/8/1989). In the
past 25 years the cost of everything has gone up. The Commission is
requested to recommend to the Government to pay 3 months Basic Pension
as Travel
concession and the facility may be extended once in 2 years to all
those pensioners/Family Pensioners including family Pensioners other
than spouse, who are at present not getting travel facilities as
departmental advantage.
8.4
In the last decade, the social fabric has undergone a drastic change.
The Indian Parliament had to enact a law for the kith and kin to look
after their parents. After the death of a pensioner, cremation/burial
has to take place in an honorable manner. Each religion has got its own
custom and rituals and the cost is very high. It is to be noted that
Andhra Pradesh Government is granting an amount of Rs.10,000/- as 'Death
Relief' to its pensioners, Family pensioners (Source: AP Govt. G.O.
MS.No.102 Finance (Pen.I) Department dated 6/4/2010 & G.O. M.S.
No.136 dated 29/6/2011). The Commission is requested to recommend an
amount of Rs.10,000/- as 'Death Relief' in the event of death of
pensioner, pensioner's spouse or Family Pensioner.
8.5
Family Security Fund: The family of the Pensioner shall be granted a
lump sum of 1,00,000 on the death of the Pensioner by introducing a
scheme for Family Security Fund with the arrangement for contribution by
the pensioners. At present such scheme is in existence in states like
Tamilnadu, where the Pensioner is contributing a monthly contribution of
80/- and in the event of his / her death, the spouse is given a sum of
Rs.50,000 as family security fund. Therefore the 7th CPC is requested to
examine this proposal for framing such a scheme for facilitating
payment of at least 1,00,000 rupees on the demise of the pensioners to
their spouses.
8.6
Pension Adalats: The system of Pension Adalat was introduced initially
by Department of Pension and Pensioners Welfare and later on adopted by
Railways, Defence, P&T Departments. The V CPC in Para 139.17 had
recommended that this system is very effective in finalising disputed
cases of pensions and should be introduced in all the departments.
These adalats should also function for settling the cases of field
formations and meet at least once in quarter. The representatives of he
Pensioners Associations should be allowed to present the cases of the
concerned pensioner who may not be conversant with the rules. The above
recommendation which were not mandatory has not been implemented. We
therefore request 7th CPC that it should be made mandatory on all the
Ministries and Departments of Indian Government to conduct these Adalats
periodicaly and without fail. We also suggest that these Adalats may be
conducted at different levels with the following frequency:
i) Divsional level Once in 3 Months
(ii) Zonal / Regional level Once in 6 Months
(iii)Head quarter level Once in a Year
(iv)Ministerof State in DOPT level Once in 2 years
"The
OM No. 44013/2/2010-Coord dated 25-3-2011 issued by the Department of
Pension & Pensioners' Welfare is required to be amended suitably.
8.7
SCOVA: The forum of SCOVA (Standing Committee of Voluntary
Associations) is facilitated by the Central Government for interaction
with the Pensioners' Organisations for discussing the issues of
pensioners. This forum has no statutory authority as negotiating forum
founded for negotiating issues of Central Government employees viz., the
National Council JCM with mandatory facility for compulsory arbitration
and other benefits like National Anomaly Committee to sort out the
anomalies arising out of implementation of Pay Commission reports etc.
Similarly there is no system of granting recognition to representative
organisations of Pensioners and at present it is at the pleasure of the
Central Government to nominate any representatives from any pensioner
Associations. Some of the Pensioners Organisations are invited to SCOVA
as Members on a rotational basis only. The number of central government
pensioners belonging to various departments is no doubt in great numbers
and therefore there is necessity to establish a forum with formal
authority for discussing and negotiating issues of pensioners. It can be
seen that there are hundreds of pensioners'
federations,
associations, organisations in the country like mushroom growth and
there is no orderliness amongst them and each and every pensioner
organisation is raising its own demands. There is no orderliness in this
system. Therefore, we suggest, that the VII CPC may recommend to the
Government to upgrade the status of the SCOVA like the other forum of
National Council JCM with separate Rules framed for granting recognition
to Pensioners Organisations to give them representation in the SCOVA.
All the All India Pensioners Associations/Federations may be accorded
recognition & extended such facilities as have been granted to the
serving employees Association/Unions/Federations. The SCOVA may be
renamed as Joint National Council of Pensioners Organisations. It should
be a two tier system one at National level and other Departmental
Level.
8.8 Improvement of ex-gratia to CPF/SRPF (C) retirees and their families:-
a) Ex-Gratia
payment to CPF / SRPF (C) pre 1.1.2006 retires and their families /
dependent children was sanctioned earlier as follows:-
CPF/SRPF
(C) retirees Rs.600pm + Dearness relief
from 1.11.1997
Widows and dependent
Children
of deceased Rs. 605 pm + Dearness
relief from CPF/SRPF (C) retirees
1.11.1997
b) Subsequently these have been revised as follows:-
CPF/SRPF (C) retirees at time of retirement EX- Gratia
Group "A" Service Rs.3000 pm + DR
Group "B" Service Rs.1000 pm + DR
Group "C" Service Rs.750 pm + DR
Group "D" Service Rs.650 pm + DR
Effective date: 1.11.2006 SRPF (C)
4.6.2013 CPF
Widows and dependent
Children of deceased Rs.645 pm + DR
CPF/SRPF (C) from 4.6.2013
Dearness ex-gratia as above is reckoned before applying dearness relief.
c) These
amounts are utterly inadequate even for hand to mouth living in the
resent scenario of high cost of living and spiraling inflation. Request
were earlier made to grant one more pension – option to the surviving
CPF/SRPF (C) retirees or to grant them 1/3 rd pension as given to PSU
absorbees, but the same have not been agreed to.
8.9 We submit that VII CPC may consider our following suggestion
Period
for service for granting ex-gratia in their cases should be brought
down to 10 ears as in the case of eligibility for pension. They should
be granted one time option for pension as recommended by the IV CPC .
Minimum ex-gratia to the beneficiary well as the family should be
equivalent to minimum pension / family pension of the grade in which
they retired as revised from to time. It need to be appreciated that
they also had rendered satisfactory service to the government. they
worked in more arduous circumstances when the country was relatively
undeveloped with low salaries, incremental rates and promotional avenue.
They and their families should not be condemned with low rates of
ex-gratia and denial of several benefits extended to pensioners / family
pensioners for error of judgment on their part in not opting for
pension when options were extended because of their inability to foresee
the development of the country and the vast changes that have been
taking place after their retirement. They are a fast disappearing
category and grant of full benefits on par with pensioners will not
cause any undue financial burden to the government. in addition to
revision of ex-gratia rates on par with pensions and family pensions,
they have also to be extended benefits such as same rates of DR granted
from to time, ex-gratia to their dependent unmarried / widowed /
divorced daughter above 25 years of age, fixed medical allowance, widow
passes to the families of deceased SRPF beneficiaries etc. India is a
welfare state and the discrimination going on against them all these
years is against the very letter and spirit of constitution of India and
the concept of welfare state embedded in the directive principles of
state policy.
Admissibility of Ex-Gratia to widowed / divorced / unmarried daughters
Family
pension under CCs (Pension) Rules, 1972 is being paid to eligible
widowed / divorced / unmarried daughtersbeyond the age of 25 years for
life if they continue to be eligible for payment of family pension. But
in respect of the dependent widowed / divorced / unmarried daughters of
CPF / SRPF beneficiaries, payment of family pension is stopped when they
complete the age of 25 years. Hence it is requested that the VII CPC my
please recommend extension of the benefit admissible to the above
category of Central family pensioners to the dependent of CPF / SRPF
beneficiaries also.
8.10. Representations in various committees :
As recommended vide Vth CPC report Vol III para 141.30 Pensioners'
representatives should be included in various committees & other
Fora of Govt where issues relating to the welfare of pensioners are
likely to be discussed & debated :
Discussing
and deciding the matters relating to Pensioners, with representatives
other than those of pensioners, is unfair & against the Rules of
'Natural Justice'. At present various Committees like National Anomaly
Committee (NAC) and JCM (on Pensioner matters), are there, wherein
matters / policies relating to pensioners' welfare are discussed and
decided, but they do not have pensioners' representatives with the
result their viewpoints, hardships & anomalies are not properly
represented. As pensioners are a homogenous class, there is an urgent
need to constitute separate Committees for pensioners wherein matters /
policies / anomalies relating to pensioners of all Groups, categories
& departments may be discussed.
8.11. Lingering Litigation on Pensioners matters due to uncalled for Appeals by Government:
Govt. should not indirectly pressurize courts by appealing again &
again to get judgments reversed in its favor & must implement all
court judgments in case of all similarly placed persons.
Fifth
CPC recommended in para 126.5 that any Court Judgment involving a
common policy matter of pay/pension to a group of employees/pensioners,
should be extended automatically to similarly placed
employees/pensioners without driving every affected individual to the
Courts of law. This recommendation is never followed by GOI, with the
result Pensioners in the evening of their life, are forced to approach
the legal forums, seeking the same relief. This in turn, bulges court
dockets.
The
Commission is requested to recommend to the Government to strictly
follow the provisions on "filing of appeals in the National Litigation
Policy document dated 26.3.2010 issued by the then Hon'ble Minister for
Law.
Seventh CPC is requested to look into this matter once again and to issue suitable guidelines as deem fit and necessary.
8.13 Pension Act, 1871 (Act 23 of 1871):
The
CCS (Pension) Rules, 1972 were notified under the powers vested under
proviso to Art. 309 of the Constitution and not under the Pension Act,
1871.
The
Act is a legacy of the former colonial Government The Pension Act 1871
is in the Statute Book but has no relevance or reference to the pension
format of the Central Government employees but the Government is
sticking to the archaic Act. it is to be remembered that the Government,
committed in the Parliament that it will be revised and reflect the
latest developments of social security. (refer Lok Sabha discussion on
10th and 16th April
1981). Neither the Monitoring Committee of the Parliament on Assurances
nor the Government had taken any concrete steps in revsing 1871 Act.
The
Gajendragadkar Law Commission had advised the Government of India to
change the Pension Act, 1871 in 1972 but nothing was done.
S/Sri
V.N. Gadgil and Parulekar (the then, MPs) moved a substitute bill in
the budget session of Parliament in replacement of the Pension Act,
1871. The issue was discussed on 16th and 30th of
April, 1981 Shri P. Venkatasubbiah, the then Minister of State for Home
Affairs gave an assurance of bringing in an amendment to the Pension
Act. (Incidentally, 82 MPs had s upported this move.)
Pensioners Association had brought matter to the notice of the Government of India through SCOVA meeting.
The Following sections of this Act violate the Constitution of India
(a) Section – 4: No Civil Court shall entertain any suit relating to any pension.
(b)
Section – 6: Shall entertain suit only on receipt of a certificate
from the Collector / Deputy Commissioner that the case may be tried, but
the court shall not make any order by which the liability of Government
to pension is affected.
The Following go against the CCS (Pension) Rules, 1972:-
(a) Section - 5 :- The claim for pension to be made to the collector / Deputy Coommissioner.
(b) Section – 8:- The Pension payments to be made by the Collector / Deputy Commissioner
(C)
Section – 15:- Confers powers to the Central Government to make rules
only to provide for nominations under Section – 12 A.
The following are outdated / have no relevance to pension matters:
(a) Section – 7:- Relates to pension for lands held under grants in perpetuity.
(b). Section – 9;- Relates to saving of rights of grantee of Land revenue.
(c)
Section – 13:- Relates to Grant of reward equivalent to amount of
pension to those who inform about persons receiving pension fraudulently
or unduly.
No
doubt, the subject "Repeal of Pension Act, 1871" comes within the
purview of the Law Commission. Two years ago, the Department of Pension
and Pensioners Welfare called for opinion of Pensioner s Associations on
this, but it stopped at that. Since this Act has been used by the
Government to frame the "Payment of Arrears of Pension (Nomination)
Rules, 1983, exercising Power under Section – 15 of this Act and since
Section – 11 of the Act is also current on date, it appears to be in the
fitness of things that the VI CPC suo moto examine this aspect and make
suitable recommendations to the Government"
The
Vi CPC did not touch the legal aspect of New pension Scheme and simply
referred the matter to a study team as mentioned in para 2.3, 2.4, and
2.5.
It
is further to add that the New pension Act 2013 was placed without
repealing the pension Act1871, nor repealing the CCS (Pension) rule 1972
which have been introduced in our country as per provision of Article
30 of the Constitution of India. This action of the Government of India
appears to be in taking away the rights and privileges guaranteed under
the provision of Article 19 (i) (i), Article 39 of the Constitutioon of
India and is liable to be challenged before the country. The Apex Court
has already accepted a petition of land Acquisition Act and kept the new
act pending operation till judgment is delivered. The VII CPC may
kindly examine the need for contrivance of Pension Act 1981 as also the
PFRDA Act 2013 and recommend for their Repeal.
PART – II
CHAPTER – I
SECTIONAL MEMORANDUM ON POSTAL PENSIONERS ISSUES
1.1 The
All India Postal & RMS Pensioners Association while endorsing and
submitting the common memorandum prepared on consensus amongst various
Pensioners Organisations also submits this Sectional Memorandum on
Postal Pensioners issues for judicious consideration of the 7th CPC.
III Largest Civilian Department Pensioners
1.2 The
Postal Department is the third largest Central Government Department
following Indian Railways and Defence. Naturally the Postal Pensioners
segment is the third largest amongst the Central Government Pensioners.
There are more than 2,00,000 Pensioners on the rolls of the Postal
Department's pension roaster. While the common issues of Postal
Pensioners are identical to that of the entirety of Central Government
Pensioners, there are certain issues and demands peculiar to Postal
Pensioners. This Sectional Memorandum is an attempt to place those
issues before the 7th CPC for objective consideration.
Discrimination on grant of Medical treatment
1.3 The
Postal Pensioners who are not covered under CGHS (Central Government
Health Scheme) are like their counterparts are granted FMA (Fixed
Medical Allowance). But those pensioners who want to become
beneficiaries of CGHS are facing discrimination at the hands of the
Health Department for years. Those Pensioners who were already CGHS
beneficiaries while in service alone are admitted into the CGHS after
their retirement. The other pensioners are precluded from joining the
CGHS. The CGHS is a scheme wherein every beneficiary is paying at the
prescribed rates set by the CGHS. Therefore there is no logic or
justification to deny admittance to any pensioner as a beneficiary in
CGHS. The Pensioners of various Central Government Departments
irrespective of their being a CGHS beneficiary or not while in service
are admitted into the CGHS Scheme. The Postal Pensioners alone are
denied the privilege of joining CGHS.
1.4 The
reason attributed for this non-admittance in CGHS is the existence of
one or two Postal Dispensaries in the particular State. The Postal
Dispensaries (erstwhile P&T Dispensaries) were recommended to be
merged with CGHS by the V CPC. The Government did not act on that
recommendation. The VI CPC also recommended similar merger of Postal
Dispensaries with CGHS. The Government had subsequently merged only 19
Postal Dispensaries in 12 Cities on the plea that only in those 12
Cities there is CGHS in existence and therefore the merger is feasible
only in those cities. This is causing a serious problem because no
Postal Pensioner in a particular State where even one Postal Dispensary
is existing in any District of the State, to join CGHS. The Postal
Pensioners residing under the jurisdiction of the Postal Dispensary in
that particular district alone can be catered by that Postal Dispensary.
Therefore there is no logic or justification for persisting with the
stand that no Postal Pensioner will be allowed to join CGHS, just
because there is one or two postal dispensaries in existence in that
State.
1.5 The
non-admittance of Postal Pensioner alone into CGHS is a clear
discrimination being perpetrated against the poor pensioners of Postal
Department. The Central Government was brought to notice of this issue
by the Staff Side National Council JCM as well several Pensioners
Organisations had raised this issue in the SCOVA forum also for remedy.
Instead of solving this very important issue of Postal Pensioners, the
Government is taking shelter under matter pre-judice clause since some
aggrieved pensioners had already moved the Courts in different places. A
recommendation by the 7th CPC will sort out this age old
problem and help the thousands of senior citizens who are in dire need
of medical needs at their fag end of life.
1.6 It
is not out of place to mention that the Pensioners were given a
favourable verdict in the Central Administrative Tribunal of Kerala and
upheld by the Honourable High Court of Kerala also under which the
Postal Pensioners residing outside the CGHS area in the entire State of
Kerala are permitted to become the beneficiaries in CGHS. Though the
Central Government had filed SLP against this judgment, the Postal
Pensioners of Kerala State are admitted into CGHS even though they
reside outside the jurisdiction of CGHS city and irrespective of the
fact as to whether they were beneficiaries of CGHS while in service or
not. The benefit of Court Judgments in Kerala should be extended to all
Postal Pensioners in other States as well.
Merger of all Postal Dispensaries under CGHS
1.7 The
stand of the Government as against the recommendations of both V and VI
CPCs for merging the P&T Dispensaries with CGHS is very negative.
Lukewarm response was shown after VI CPC recommendation and after dilly
dallying the question for years, the Governmetn ultimately came forward
to merge only 19 Postal Dispensaries with CGHS. The Government could
have easily merged all the remaining Postal Dispensaries also by
converting those infrastructures of Postal Dispensaries into CGHS
infrastructure with additional expenditure not unmanageable by the
Central Government. There is no meaning in some dispensaries in the name
of Postal Dispensaries while a centralized CGHS can cater to the
medical needs of all CG Employees and Pensioners in a much better
manner. The Postal Pensioners covered under the existing Postal
Dispensaries are not considered for treatment of hospitalization
facilities is a clear case of discrimination amongst the same category
of Central Government Pensioners. A welfare state cannot justify its act
on any grounds including on the ground of financial burden to deny the
medical needs for one section of Government Pensioners while the same is
granted to majority of CG Pensioners. It is recognized by one and all
that the Government was spending from its own exchequer towards running
the P&T Dispensaries for the benefit of Postal and Telegraph workers
without any contribution from employees goes to show that the Medicare
is a social welfare measure on the part of the Government towards its
work force. Therefore the CGHS though contributory in nature cannot be
fully considered as a contributory scheme as it is also a welfare
measure towards the CG Employees and CG Pensioners. We appeal to the VII
CPC to recommend for total merger of Postal Dispensaries with CGHS
without exemption so that all Postal Pensioners can be benefited without
any discrimination.
Rent free BSNL landline Phone to Postal Pensioners
1.8 The Postal Department was segregated from the combined P&T Department on 31st March,
1985. The Telecom Department later converted into BSNL is granting rent
free land line phones to all Telecom and BSNL Pensioners and also to
Postal Pensioners who have worked in the combined department of P&T
for more than 20 years at the time of bifurcation. This means only those
employees who were in P&T department in the year 1965 or before are
entitled to get this concession. The cut off time fixed by the BSNL is
unjustified. Most of today's Postal Pensioners were employees of
combined P&T department entered in service only after 1965. Some
such pensioners have approached courts and got a favourable judgment and
based on those judgments got the concession extended to them by the
BSNL. The general guideline of the Honourable Supreme Court of India
that all similarly placed persons should be extended the same justice
held out to any other person is ignored by the Central Government. This
issue is continuously being discussed in the forum of SCOVA but the
burden of decision is left on the BSNL which is dilly dallying the
question for years together. We fervently appeal to the 7th CPC
for a recommendation to the Central Government for grant of rent free
land line phone from BSNL to all Postal Pensioners who were recruited
when the department was combined one irrespective of number of years'
service put in by them in the P&T department.
Allotment of Postal Staff Quarters for Pensioners
1.9 There
is a tendency amongst the employees of Postal Department to not to seek
for residential accommodation in the Postal Staff Quarters for various
reasons including owning of their own houses and not suitable to their
work spots etc. Many such Postal Staff quarters were left unoccupied
causing slow damage to the structure of the building itself. Instead of
keeping the Postal staff quarters unoccupied, it would be welcome to
allot them to the Postal Pensioners who opt for such quarters. The
analogy for serving employees who live in Staff Quarters is recovering
HRA besides a standard license fee. In the case of Postal Pensioners the
vacant staff quarters according to the entitlement of the cadre in
which they retired may be allotted to them on payment of standard
license fee only as a token of served the department for a number of
years. Similar concession may be extended to family pensioners also. We
seek the kind recommendation of 7th CPC in this regards.
Free Postage facility to Postal Pensioners
1.10 Various Central Government Pensioners like
the Pensioners of Railways and Defence are offered special privileges
like Railway Pass and Defence Canteens. The Postal Pensioners shall be
extended some such concessions by the Government as is available to
Pensioners in Australia. The Australian Postal Department (Australia
Post) has implemented a scheme called "My Post Concession Account" in
which postal concessions are offered to sections like Pensioners
holding Pensioner Concession Card etc. The Postal Pensioners should be
granted such facilities for free postage in a year.
Chapter – II
Gramin Dak Sewaks and Casual Labourers
2.1 The new entrants on or after 1.1.2004 in
the Central services are not covered by the Defined Pension benefit
scheme but attached to NPS only. However, if any Casual labourer like
the temporary status Mazdoors etc are regularised even after 1.1.2004,
they should be treated as entered in service prior to 1.1.2004 only as
per the judicial pronouncement of Honourable High Court of Madras. In a
recent judgment the Madras High Court has held that 16 temporary status
Mazdoors who were regularised in the Kalpakkam Atomic Energy Department
after 1.1.2004 should be brought under Defined Benefit Pension Scheme
and not under NPS by virtue of their entering the services as a Casual
labourer well before the cut of date of 1.1.2004.
2.2 In the background of the above judgment we
submit that there are thousands of casual labourers with or without
temporary status in the Department of Posts without any scope of
regularisation for years. Therefore when they get the opportunity to be
regularised, they should not be placed under the contributory NPS Scheme
but should be brought under the CCS(Pension)Rules, 1972. We request the
7th CPC for a positive recommendation to the Government in this issue.
2.3 Due to wrong interpretation of the DOPT as
well as the Department of Posts, hundreds of Casual labourers who have
become eligible to be considered for grant of temporary status Mazdoors
as per the scheme worked out by the DOPT in line with the Supreme Court
of India's directive are deprived of the benefit. The DOPT order
facilitates grant of temporary status to those casual labourers who have
completed 240 days of service in a year (206 days in the case of casual
labourers working in administrative offices) provided they had entered
into the service as a casual labourer on or before the cut off date
viz., The wrong interpretation made by the DOPT / DoP being that only
those casual labourers who have completed 240 days of service on the cut
off date itself will be entitiled for the grant of temporary status and
that the scheme is not a running scheme for those who completes the
eligibility on a subsequent date to the cut off date. This is not only
an arbitrary interpretation against the spirit of the Supreme Court
directive but also against regularisation of casual labourers themselves
in the services. They will be able to be regularised only if they are
granted with the temporary status and only if they get regularised they
will be able to be made eligible for the defined benefit pension as
discussed in the foregoing paragraph. We request the 7th CPC
for a recommendation by the Pay Commission for set righting a glare
injustice to pave way for converting the period of casual nature as
pensionable service.
Defined Pension to GDS Promotees on retirement
2.4 There are roughly three lakhs of Gramin Dak
Sewaks in the Department of Posts who were recommended by the Justice
Talwar Committee for the grant of pension by the Government by treating
them as civil servants. This was not accepted yet by the Government.
Meanwhile as per the analogy of the judgment of the Honourable Madras
High Court, which directed to treat the period of casual nature rendered
by the temporary status Mazdoors regularised after 1.1.2004 as
employees entered in service prior to 1.1.2004, these Gramin Dak Sewaks
also are to be treated as entered in to Postal Services before 1.1.2004
even though they get regularised in the posts of MTS / Postman /
Mailguard etc after 1.1.2004 by virtue of their long service as GDS
that gives them the eligibility to regularisation.
2.5 In some cases there are judicial
pronouncements to the effect that if there is any shortage of service in
a regularized post for the eligibility to pension (10 years service) to
those employees who were promoted to those posts from the cadre of
Gramin Dak Sewaks, then the shortage should be adjusted from the long
service rendered by them as GDS. The above judgment has not been
extended to all similarly placed employees resulting in them retiring
without any pensionery benefit. This is totally unjustified and against
the legal pronouncements. We therefore suggest that the 7thCPC
may recommend to the Government for allowing such retirees to get
pension by treating their shortage if any in the qualifying service from
the long service rendered by them as GDS in the past.
Training Calendar for the II Quarter 2014-15 - PTC, Mysore
Reconstitution of JCM Departmental Council - Directorate orders
REMUNERATION PAYABLE TO FULL TIME CASUAL LABOUR {OTHER THAN TEMPORARY
STATUS) PART TIME CASUAL LABOUR WORKERS ENGAGED ON CONTINGENCY. (Click the link below for details)
http://www.indiapost.gov.in/DOP/Pdf/Circulars/cas_lab_1169_23062014_Pub_upload.PDF
REMUNERATION PAYABLE TO FULL TIME CASUAL LABOUR {OTHER THAN TEMPORARY
STATUS) PART TIME CASUAL LABOUR WORKERS ENGAGED ON CONTINGENCY. (Click the link below for details)
http://www.indiapost.gov.in/DOP/Pdf/Circulars/cas_lab_1169_23062014_Pub_upload.PDF
NOTICE OF FEDERAL EXECUTIVE NFPE
NATIONAL
FEDERATION OF POSTAL EMPLOYEES
CHQ: 1st Floor, North Avenue Post office Building, New
Delhi - 110001
No.PF-01(b)/2014 Dated: 25th June, 2014
NOTICE
It is hereby notified in accordance
with Article 12 of the Constitution of NFPE that the meeting of the Federal
Executive of National Federation of Postal Employees shall be held at S. S. N. Engineering
College, Ongole (Andhra Pradesh) on 21st
August, 2014.The meeting shall commence at
11 A.M. on 21.08.2014. The
following will be the agenda for discussion in the meeting:
AGENDA
1. Confirmation of the minutes of last
Federal Executive meeting held at NFPE Office
New Delhi on 01 June, 2014.
2. Organizational review..
3. 7th Pay Commission and
related issues.
4. 15 Point Charter of Demands of
Confederation – future course of action.
5. Pending Postal Demands.
6. Any other items with permission of the
chair.
(M. Krishnan)
Secretary General
Copy to:
1. The Secretary, Deptt. Of Posts, Dak Bhawan, New Delhi-110001
2. All the Office Bearers of NFPE and all General Secretaries.
3. Chief Postmaster General: Andhra Circle,Hyderabad-500001 / Chief
Postmaster General, Delhi Circle, New
Delhi-110001 / Chief Postmaster General Karnataka, Bangalore-560001 / Chief Postmaster General, Kerala Circle, Trivandrum-695033 / Chief Postmaster General , Tamil Nadu Circle, Chennai-600 002
/ Chief Postmaster General, UP Circle, Lucknow-226001 / Chief
Postmaster General, West Bengal Circle,Kolkata-700
012 : They are requested to grant Special Casual Leave to the Office Bearers /
General Secretaries for attending the Federal Executive Committee Meeting at Ongole
(Andhra Pradesh) on 21st
August,2014.
5. File.
(M. Krishnan)
Secretary GeneralCHANGE IN RULES / PROCEDURES IN THE BACK DROP OF CBS
Dopt introduced new initiatives to boost morale of its employees - Idea Boxes, Employee of the Month etc.,
Best Practices and New Initiatives introduced by the Department of Personnel & Training to boost morale and effective functioning of the employees of the Department - Regarding:
No. I-28011 /46/2014-Coord
Government of India
Ministry of Personnel, P. G. & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated: 18th June 2014
OFFICE MEMORANDUM
Sub: Best Practices / New Initiatives introduced by the Department of
Personnel & Training to boost morale and effective functioning of
the employees of the Department - Regarding:
During the year 2013-2014, the Department of Personnel & Training
has introduced the following new initiatives to boost the morale of its
employees and to give a fillip to their effective functioning: -
SI. No. New Initiatives / Best Practices
1. CERTIFICATE OF EXCELLENCE &
2. EMPLOYEE OF THE MONTH
Realizing that recognition of meritorious performance of employees is a critical tool in human resource management,
a new non-monetary incentive in the form of an annual award of
"Certificate of Excellence" to recognize the contribution of its
meritorious employees of the level of Under Secretary and below has been
introduced. This initiative was circulated to all
Ministries/Departments vide O.M. No. A-37011/1/2013-Ad.l, dated 18th
December 2013 (copy enclosed).
Subsequently, another monthly non-monetary incentive
was introduced wherein one employee from across all categories of
employees of the level of Under Secretary & below was to be
designated as 'Employee of the Month'. The awardee is given a
certificate and his photograph is displayed under the relevant link in the intra-Departmental (employee) Portal of the Department.
Ads by Media PlayerAd Options
Under both the initiatives, nominations of eligible employees would be
called for from all Wings of the Department and the work performance and
outcomes achieved by such employees would be examined by a Committee Of
Joint Secretaries in DoPT. The same Committee would meet once every
month to assess the nominations received from various Wings to recommend
award of 'Employee of the Month'.
3. APPOINTMENT OF MENTORS FOR THE EMPLOYEES JOINING DoPT
A process of mentoring of each 'newcomer' in the Department with a view
to sensitize the incumbent about the Department and dealing with court
cases, RFD, Parliamentary matters, etc., has been introduced in the
Department. The mentoring process is for a period of six months. The
mentor is to be an officer two levels above the incumbent.
4. EMPLOYEES' INTERACTION WITH MOS (PP) AND SENIOR OFFICERS IN OPEN HOUSE SYSTEM
An 'Open House' interaction of the Group 'B' (Non-Gazetted) employees
and above was organized in October, 2013 which provided a platform to
these employees to interact directly with MOS (PP) and other Senior
Officers of the Department.
5. APPOINTMENT OF GRIEVANCE REDRESSAL OFFICERS IN EACH DIVISION
In each Division, two Grievance Redressal Officers (GRO) have been
appointed at US/DS/Director level to redress the grievances of the
employees of inter-personal nature.
6. INSTALLATION OF 'IDEA BOXES' IN THE DEPARTMENT FOR SOLICITING 'OUT OF THE BOX' SOLUTIONS TO VARIOUS ISSUES
The Department has installed 'Idea Boxes' to receive the innovative ideas from the employees to improve the functioning of the Department and to create a conducive work culture.
7. TRAINING OF THE EMPLOYEES WITH SPECIFIC FOCUS ON DEPARTMENT RELATED FUNCTIONS
A training plan for the employees at the level of Under Secretary &
below (and equivalent) of DoPT has been chalked out in consultation with
ISTM. The duration of the Training Programme is one week, inclusive of a field visit outside Delhi.
8. RETREAT FOR OFFICERS OF THE LEVEL OF DS AND ABOVE IN THE DEPARTMENT
The Department organized a two-day Retreat at LBSNAA, Mussoorie in
October 2013 for the officers at the level of DS I Director & above
in the Department. The objective of the Retreat was to discuss the
stakeholders' perception about the Department and develop an action plan
to positively change the orientation of the Department towards service delivery.
9. INTRODUCTION OF INTERNSHIP SCHEME IN THE DEPARTMENT.
The Department has introduced an 'Internship Scheme' under which
applications are invited from students to work on selected topics
relating to the functions of the Department. The duration of the
internship is two months and they are given a stipend of Rs.10,000/- per
month and a Certificate on successful completion of the internship and
submission of report. The interns are selected by the Committee of Joint
Secretaries.
2. The Ministries / Departments of the Government of India may consider adopting the above initiatives as a Human Resource Management Tool to motivate the industrious employees.
sd/-
(Shri Prakash)
Director (A)
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/I-28011_46_2014-Coord.pdf]
Extension of validity of empanelment of All Health Care Organizations empanelled under CGHS
No:
S.11045 /36 /2012 / CGHS (HEC) (Pt)
Government
of India
Directorate General of
Central Govt. Health Scheme
Maulana Azad Road, Nirman
Bhawan
New Delhi 110108, dated
the 24th June, 2014
OFFICE
ORDER
Subject: Regarding extension of validity of empanelment of All Health Care Organizations empanelled under CGHS.
Attention is drawn to the Office
Memorandum issued earlier extending validity of empanelment of all health care organizations
under CGHS till 30th June, 2014.
2. It has now been decided to
extend the validity of empanelment of all health care organizations already empanelled under
CGHS, for a further period of one month i.e. till 31st July, 2014 or till
finalization of next empanelment process, whichever is earlier on same terms
and conditions as defined in OM on which they were empanelled earlier.
sd/-
[Dr. (Mrs.) Sharda Verma]
Director (CGHS)
Source: http://msotransparent.nic.in/writereaddata/cghsdata/mainlinkfile/File706.pdf
Chief Ministers & Governors of Indian States ( as on June 2014 )
1. Andaman & Nicobar - U.T. - A. K. Singh (Lieutenant-Governor)
2. Andhra Pradesh - N.Chandrababu Naidu - Shri. E. S. L. Narasimhan
3. Arunachal Pradesh - Nabam - Tuki Nirbhay Sharma
4. Assam - Shri Tarun Gogoi - Janaki Ballabh Patnaik
5. Bihar - Jitan Ram Manjhi - DY Patil
6. Chandigarh - U.T. - Shri Shivraj V. Patil (Administrator)
7 .Chhattisgarh - Dr. Raman Singh - Shri Shekhar Dutt
8. Goa - Shri Manohar Parrikar - Shri Bharat Vir Wanchoo
9. Gujarat - Anandiben Patel - Dr. Kamla Beniwal
10. Haryana - Shri Bhupinder Singh Hooda - Shri Jagannath Pahadia
11. Himachal Pradesh - Virbhadra Singh - Urmila Singh
12. Jammu and Kashmir - Omar Abdullah - Narinder Nath Vohra
13. Jharkhand - Hemant Soren - Dr. Syed Ahmed
14. Karnataka - Shri K. Siddaramaiah- Hansraj Bhardwaj
15. Kerala - Shri Oommen Chandy - Sheila Dikshit
16. Madhya Pradesh - Shri Shivraj Singh Chouhan - Ram Naresh Yadav
17. Maharashtra - Shri Prithviraj Chavan - K. Sankaranarayanan
18. Manipur - Shri Okram Ibobi Singh - Vinod Kumar Duggal
19. Meghalaya - Mukul Sangma - K. K. Paul
20. Mizoram - Pu Lalthanhawla - Shri Vakkom Purushothaman
21. Nagaland - T R Zeliang - Shri Ashwani Kumar
22. New Delhi - Arvind Kejriwal (resigned) - Najeeb Jung (Lieutenant-Governor)
23. Odisha - Sh. Naveen Patnaik - Shri S. C. Jamir
24. Puducherry - Shri N. Rangasamy - Virendra Kataria (Lieutenant-Governor )
25. Punjab - Shri Parkash Singh Badal - Shri Shivraj Patil
26. Rajasthan - Vasundhara Raje - Margaret Alva
27. Sikkim - Shri Pawan Kumar Chamling - Shriniwas Dadasaheb Patil
28. Tamil Nadu - Sushree J. Jayalalithaa - Konijeti Rosaiah
29. Telangana - K Chandrasekhar Rao - ESL Narasimhan
30 - Tripura - Shri Manik Sarkar - Shri Devanand Konwar
31. Uttar Pradesh - Akhilesh Yadav - Shri Banwari Lal Joshi
32. Uttarakhand - Harish Rawat - Aziz Qureshi
33. West Bengal - Km. Mamata Banerjee - Shri M. K Narayanan
34. Dadra and Nagar Haveli - U.T - Shri B.S. Bhalla (Administrator)
35. Daman and Diu - U.T. - Shri B.S. Bhalla (Administrator)
36. Lakshadweep- U.T. - Shri H. Rajesh Prasad
2. Andhra Pradesh - N.Chandrababu Naidu - Shri. E. S. L. Narasimhan
3. Arunachal Pradesh - Nabam - Tuki Nirbhay Sharma
4. Assam - Shri Tarun Gogoi - Janaki Ballabh Patnaik
5. Bihar - Jitan Ram Manjhi - DY Patil
6. Chandigarh - U.T. - Shri Shivraj V. Patil (Administrator)
7 .Chhattisgarh - Dr. Raman Singh - Shri Shekhar Dutt
8. Goa - Shri Manohar Parrikar - Shri Bharat Vir Wanchoo
9. Gujarat - Anandiben Patel - Dr. Kamla Beniwal
10. Haryana - Shri Bhupinder Singh Hooda - Shri Jagannath Pahadia
11. Himachal Pradesh - Virbhadra Singh - Urmila Singh
12. Jammu and Kashmir - Omar Abdullah - Narinder Nath Vohra
13. Jharkhand - Hemant Soren - Dr. Syed Ahmed
14. Karnataka - Shri K. Siddaramaiah- Hansraj Bhardwaj
15. Kerala - Shri Oommen Chandy - Sheila Dikshit
16. Madhya Pradesh - Shri Shivraj Singh Chouhan - Ram Naresh Yadav
17. Maharashtra - Shri Prithviraj Chavan - K. Sankaranarayanan
18. Manipur - Shri Okram Ibobi Singh - Vinod Kumar Duggal
19. Meghalaya - Mukul Sangma - K. K. Paul
20. Mizoram - Pu Lalthanhawla - Shri Vakkom Purushothaman
21. Nagaland - T R Zeliang - Shri Ashwani Kumar
22. New Delhi - Arvind Kejriwal (resigned) - Najeeb Jung (Lieutenant-Governor)
23. Odisha - Sh. Naveen Patnaik - Shri S. C. Jamir
24. Puducherry - Shri N. Rangasamy - Virendra Kataria (Lieutenant-Governor )
25. Punjab - Shri Parkash Singh Badal - Shri Shivraj Patil
26. Rajasthan - Vasundhara Raje - Margaret Alva
27. Sikkim - Shri Pawan Kumar Chamling - Shriniwas Dadasaheb Patil
28. Tamil Nadu - Sushree J. Jayalalithaa - Konijeti Rosaiah
29. Telangana - K Chandrasekhar Rao - ESL Narasimhan
30 - Tripura - Shri Manik Sarkar - Shri Devanand Konwar
31. Uttar Pradesh - Akhilesh Yadav - Shri Banwari Lal Joshi
32. Uttarakhand - Harish Rawat - Aziz Qureshi
33. West Bengal - Km. Mamata Banerjee - Shri M. K Narayanan
34. Dadra and Nagar Haveli - U.T - Shri B.S. Bhalla (Administrator)
35. Daman and Diu - U.T. - Shri B.S. Bhalla (Administrator)
36. Lakshadweep- U.T. - Shri H. Rajesh Prasad