BHARAT PENSIONER June 2020 1 OFFICIAL MONTHLY ORGAN OF THE BHARAT PENSIONERS SAMAJ, NEW DELHI - 110 014 (Federation of All India Pensioners’ Associations) (Associate NGO, INTERNATIONAL FEDERATION ON AGEING, TORONTO, CANADA) DIRECT SUCCESSOR TO “PENSIONER” ESTABLISHED IN 1955 INCORPORATING ‘PENSIONERS’ COUNSELLOR’ Single Copy : Rs. 50 JUNE 2020 VOL. XIV NO. 06 RNI REGD. NO. DELBIL/2006/17678 e-mail : [email protected] website : www.pensionersmedia.in Niti Ayog Unique ID No : DL/2016/0102111 D *7.*3 .1953*7 Bharat Pensioners mourns the untimely sudden death of its Stalwart Comrade S. Bhajnik Singh V P (NZ) He was a pillar of strength for BPS whose loss is irreparable 07-03-1953-07.06.2020
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
BHARAT PENSIONER
June 2020
1
OFFICIAL MONTHLY ORGAN OF THE BHARAT PENSIONERS SAMAJ, NEW DELHI - 110 014(Federation of All India Pensioners’ Associations)
(Associate NGO, INTERNATIONAL FEDERATION ON AGEING, TORONTO, CANADA)
DIRECT SUCCESSOR TO “PENSIONER” ESTABLISHED IN 1955
INCORPORATING ‘PENSIONERS’ COUNSELLOR’
Single Copy : Rs. 50JUNE 2020 VOL. XIV NO. 06
RNI REGD. NO. DELBIL/2006/17678e-mail : [email protected]
website : www.pensionersmedia.in
Niti Ayog Unique ID No : DL/2016/0102111
D
*7.*3 .1953*7
Bharat Pensioners mourns the untimely sudden death of itsStalwart Comrade S. Bhajnik Singh V P (NZ)
He was a pillar of strength for BPS whose loss is irreparable07-03-1953-07.06.2020
BHARAT PENSIONER
June 2020
2
BHARAT PENSIONERS SAMAJGOES DIGITAL
In order to resolve the difficulties faced duringlockdown period and complete paralysis of Postalservices in Delhi NCR. BPS digitalized and placedonline all its accounts on the websitewww.bps1955.in and also integrated it with PaymentPortal ‘Payu’ Now BPS Affiliates & members can,not only view their account details i.e. validity etcwith BPS but can also take it out and save for theirrecord.Just log on to website www. bps1955.in by typingin the address bar of your Chrome Browser. Thenon Home page press login button in the menu barof website. Enter your BPS subscription No as “username” and enter same number in small letterswithout space as “password” press “login” buttonat the bottom of login dialog box. After login press“More” Button in the menu bar on Home page thenclick on “accounts statement” Your account,validity, receipt No etc will be before you. Incaseyou wish to takeout details for your record thenClick “Export table to excel file” and save yourdetails.Similarly ,if you wish to make payment ofrenewal subscription or donation etc Click on“Payment Button” in menu bar on Home page fillup the Form which opens selecting desired optionfrom dropdown list and click “Payment”Button atthe bottom. On the next page which opens filldetails of your card etc to make payment to BPS.New members/ Affiliates can join by clicking on“ABOUT” button and then Click on “Become amember “ fill up the Form that opens and makepayment. After processing by BPS HQ office youwill be provided your membership no, receipt andaffiliation certificate etc.
AppealBharat Pensioners Samaj has been serving thepensioners fraternity over the last 65 years andhas been instrumental in getting numerous benefitsto pensioners .If you wish organization to continueits services to the pensioners community with thesame zeal & passion. Please renew yoursubscription if not renewed & donate generouslyto enable it to sail through these difficult times.M M Kapur Wkg President.
sio
b
INDEX1. Homage ..............................................................012. BPS writes & RTI reply .................................02-073. NCJCM (Staff side) writes ..............................07-084. Pension Rules Presentation ............................08-145. Govt orders ....................................................14-29i) DOPW consolidated insructions
to banks .........................................................14-16ii) Rly Bd reg Notional increment .......................16-17iii) PMVVandanaYojana’ .....................................17-18iv) Delhi H C on DA/DR .....................................18-19iii) MOD Battle Casualties Welfare Fund ..............20-21iv) MOF Rgd extending of the time limit ..................21v) Processing Pension during COVID-19 .................22vi) Grant of 3rd MACP in GP 6600/ ........................22vii) BSNL Payment of leave encashment
in respect of VRS-2019 .......................................23viii) MOR regd notional increment .............................24ix) MOR regd Complaint regd indicating
the type of disability ...........................................24x) MOR regd.communication through
e-mail .................................................................25xi) ILO writes ...........................................................25xii) PCDA Circulars C-208 ........................................26xiii) ECHS ............................................................26-27xiv) CGHS .............................................................28-296. Court Judgements ...........................................30-437. BPS Management ...........................................44-458. Affiliates activities ........................................45-469. Thanks ..........................................................46-4710. Condolenc and DR............................. 48
BPS Contact detailsTele:Office-011-24376642,49027335,Mob: 8860412898(Only ‘SMS’ No Voice Call) Contact Time: 11.30-2.30 pmonly, Visitors Time: 11.00-2.00 pm Membership Rateswef 01.04.2020 (Individual) One year Rs. 375/- (Foreign)$ 70 Two years Rs.700/- Three years Rs.1000/- AnnualAffiliation (Assn/Institution etc) : Rs. 600/- Annual PostageCharges by Speed Post/Regd Post: Speed Post Charges : Rs.240/- for Delhi / NCR : Register Book Post Charges : Rs.340/- for Outside Delhi/NCR. [Please prepare drafts/MultiCity cheques in favour of BHARAT PENSIONERS SAMAJOR send eMO with complete details to Bharat PensionersSamaj - 2/13A, LGF (Back side) Jangpura ‘A’ HospitalRoad, New Delhi -110014
You May Also Deposit in BPS Bank Account
Details : CANARA Bank New Delhi - 110014, Jangpura,Bhogal Branch A/C No: 2007101019420. IFSC:CNRB0002007. Account Holder: Bharat Pensioners Samaj.Do intimate details after depositing in Bank a/c by SMS/e-mail etc for correctly crediting to your account and issuing80G certificate. your PAN number is reqd for 80Gcertificate.
HUM AUR AAP
BHARAT PENSIONER
June 2020
3
NO BPS/SG/DR/2 Dtd 19.05.2020 The HonourableMinister for Finance. Government of India TheMOS (PP), PMO India(For the Kind attention of Ms N. Sitharaman & Dr.Jitendra Singh)Sub: Request for extending benefit of economicPackage/Relief to Central Government employeesand pensioners by releasing DA/ DR due from 01/01/2020.Reference: No BPS/SG/Protest/DR/1 Dated29.04.2020 addressed to The MOS (PP), PMO IndiaThe Cabinet Secretary, Government of India,Secretary, Ministry of Finance-DOE, Secretary(Pension), M/O Personnel, PG & Pensions.Respected Madam/Sir,This Federation vide letter referred aboverepresented to reconsider the decision taken bythe Government to freeze the additional DA/DRdue to the Central Government Employees andPensioners w.e.f. 01/01/2020.We once again bring to your notice that when theentire country is in COVID-19 lockdown, it is themajor chunk of the Central Govt. Employees of alldisciplines and departments who are working tofight against the spread of the COVID-19 Virus andthat defeating old age pensioners too have beendoing their bit through generous voluntarydonations in cash and kind as well as by feedingthe needy. You will appreciate that unmindful oftheir own safety they are all working for the benefitof fellow citizens. When the honourable PrimeMinister announced a special economic packageof Rs.20 Lakh Crore, the Central GovernmentEmployees and Pensioners were anxiously waitingfor the announcement from the Hon’ble FinanceMinister with the hope that being the major chunkof taxpaying middle class the Central Govt.Employees & Pensioners also will be given somerelief in the economic package by releasing theadditional DA/DR due to them, which was alreadyapproved by the Cabinet during March 2020.Madam/Sir, to our dismay in all the economic reliefmeasures announced. Inspite of their unmatchedservices to the Nation in this hour of humansufferings, this section of middle class has beenignored. Release of DA/DR instalment due to themfrom 01/01/2020 would have given them little reliefin this phase of unprecedented price rise of
essential items & would have boosted their moraleto work still harder.Bharat Pensioners Samaj once again humblyrequest you to revisit the issue to announce muchneeded relief by releasing DA/DR instalment whichwas already approved by the Cabinet.Thanking you,With regardsTruly yours,S C MaheshwariSecy General, Bharat Pensioners Samaj
No BPS/SG/RELHS/2020/-Dtd 15.05.2020 TheMember Staff, The DG (RHS) G.O.I.MOR (RailwayBoard), Rail Bhawan, New Delhi-ll000lDear Sir,Sub: Health care facilities for the RELHS/UMID/CSTE beneficiaries problems and difficulties Duringlock down period - redressal regarding.It has been brought to our notice by variousAssociations of Railway Pensioners that RELHSbeneficiaries are facing serious problems inaccessing the health care related facilities duringthe lockdown period throughout the country. Asyou are aware that since 24th March, 2020, thewhole country has been placed under lock downto combat the spread of the pandemic COVID. I9.The pensioners because of their age are notallowed to stir out of their homes and that interstateborders are sealed . Railways /CGHS dispensarieshave been functioning with little staff and virtuallythese are open for name- sake only. Neither themedicines are available nor the doctor. In the caseof those RELHS beneficiaries, who are situated faraway from Rly facilities the situation has been muchmore precarious in as much as no private clinicwas allowed to be open. The Government hospitalsin most of the cases had been declared as exclusiveCovid 19 hospitals where other treatments aredeclared impermissible.Initially everybody thought that the situationwould be a passing phase and would improve oncethe pandemic spread is arrested. However, despitethe lock down and other measures,the spread ofthe disease has been on increase in many parts ofthe country, with the result the lock down had tobe extended to the fourth phase. In the situation inwhich we are placed, it is difficult to bring about
HUM AUR AAP
BHARAT PENSIONER
June 2020
4
normalcy for the elders in the near future. Perhapstill the anti virus vaccine is developed or medicineto cure the disease is invented, the world will haveto live with certain restrictions to contain the deadlynature of the disease. In the circumstances, we areafraid that the Government will have to think interms of alternative methods of providing the healthcare facilities for the pensioners keeping thepresent rules and regulations under suspension.We, therefore, make the following suggestions tohave hassle free alternate arrangements tillnormalcy is restored.When in patient treatment becomes necessary:(i) RELHS beneficiaries: may be allowed to undergotreatment any private hospital nearby theirresidence. The cost of treatment will be reimbursedin full as per hospital bill by the concerned CMD/CMS to the pensioner. The Govt. may direct allhospitals to provide treatment to all RELHSbeneficiaries.Hospitals may be told that the ratesstipulated by AIIMS Delhi must be the basis ofbilling. The hospitals may be asked to submit thebills to the concerned CMD/CMS of Railway asthe case may be for payment.(ii) The treatment has to be based on the productionof the RELHS/UMID/CSTE card.Pensioners.(RELHS beneficiaries ) (out patienttreatment)(i) In the case of pensioners who require outpatienttreatment, they may be permitted to avail either theCGHS or Rly facility, whichever is nearby theirresidence or in any CGHS/Rly empanelled privatehospitals, which is near to their residence. Thosewho avail the private hospital facilities may submittheir bills to the concerned CMS/CMD as the casemay be for reimbursement.The private hospitalsthroughout the country may be asked to providethe O.P.Treatment to Rly pensioners on the basisof a predetermined consultation fees and stipulatedcharges for pathological tests.We request you to kindly consider these suggestionand issue necessary orders.Thanking you,Truly yours,S C Maheshwari ,Genl.Secy. BPS
No. 1/4/2020-P&PW (E)/48148 dtd.17.03.2020Government of India Ministry of Personnel, P.G.and Pensions Department of Pension &Pensioners’ Welfare 3,d Floor, Lok Nayak Bhawan,Khan Market, New Delhi, 17.03, 2020ToS.C Maheshwari, General Secretary, 2/13-A-LGFBackside, Jungpura-‘A’ New Delhi Pin-110014Sub: - National Pension Adalat- reg.Sir,Please refer to your letter no BPS/SG/PA/019/1dated 06.12.2019 on the above subject and to saythat DoP&PW has been conducting Pension Adalatand also requesting/directing to Ministries/Departments to conduct Pension Adalat on thesame date as conducted by DoP&PW. However,this Department has never requested anyMinistries/Departments to discontinue theirscheduled Pension Adalat conducted by them fromtime to time. It is for the Ministries/Departments totake a decision as and when to conduct PensionAdalat. DoP&PW does not interfere in conductingof Pension Adalat by respective Ministries/Departments as per their schedule.Yours Faithfully, Sd/ (Sanjoy Shankar) UnderSecretary to the Government of India Ph:24644632ACopy to: Ministry of Railway, (Rly Board), RailBhawan, New Delhi - along with a copy ofrepresentation no BPS/SG/PA/019/1 dated06.12.2019 received from Bharat Pensioners’ Samaj
To: Hon’ble Shri Ravi Shankar Prasad, Minister ofCommunications, Sanchar Bhawan, New Delhi110001Sub:Alleged Harassment to SC/ST Employees–VRS 2019 Optees – by the C.G.M. Tamilnadu Circle,in delaying the pensionery benefits.Hon’ble Sir,1. We are aware of the fact that we are passingthrough very crucial period facing endemic ofCORONA-19 and your continued sympathy andappreciation has provided them enthusiasm to copeup with situation.2. Even in Lock Down period Corporate Office, DoTOffice and all CGMs are working nicely despitelimitations and the work of employees, Pensionersand VRS-2019 Optees is also attended to. Majorityof VRS- 2019 Optees are receiving their Pensionerybenefits.
HUM AUR AAP
BHARAT PENSIONER
June 2020
5
immediately after appointment even if they arealready retired under Rule 9 of CCS (Pension) Rules1972.d) Further regarding payment of leave encashmentalso the judgement and the GOI decision (5) 2 (f)below Rule 68 of CCS (Pension) Rules 1972 is veryclear that the same is not a penisonary benefit, butthe benefit under CCS(leave) Rules and thereforeit cannot be denied as pensionary benefits. Thereis no place for any personal opinions or views ofthe powers that be in Govt. service to deny thesebenefits to such employees.e) We therefore, request you to kindly have a freshlook at the issue in view of the DOT’s orders dated05.12.2018 and 29.03.2019 and to release all terminalbenefits, which are withheld for want of verificationreports from the State Government on thegenuineness of the community certificates of theretired on superannuation and VRS-2019 Opteeswithout any delay.f) At the same time we would also like to bring it tothe notice failure of the CGM, BSNL, Tamilnaducircle that no verification of the genuineness ofthe community certificates is done for SCcommunity officials either at the time of initialappointment or at every stage of upgradation intheir careers is done and all benefits includingterminal benefits are given like any other retireesof the communities other than SC/STs.g) We had made requests to the CGM to kindlycause withdrawal of the letter issued in the year2014 to all SSAs by the Liaison officer of SCT Cell,Tamilnadu circle, based on the news item appearedin a Tamil Daily (Dinathanthi). We hope that theCGM will look into the cases dispassionately andorder grant of terminal benefits to the retiredemployees of ST community as per the instructionsof the DOT and also the DOPT.h) Their VRS Options have been accepted butdeprived of all pensionery benefits and as suchthis submission.Sir, having failed on all counts to get justice, wehave only hope and aspiration in you that withyour sympathetic consideration and your spirit toalways help the employees/pensioners, we will beable to get justice.We are eagerly waiting for your blessings awardingjustice to the aggrieved pensioners. Knowing
3. Sir, we regret to write that we are happy thatmajority of our issues are look into by theAdministration, but there are some few cases whichcreates agonies in the Pensioners Community.Respecting to call of time, more than 78000employees took VRS-2019 scheme’s advantagelessening fiscal burden of the company.4. We seek your kind permission to place beforeyou one case of harassment to SC ST employeesof Tamilnadu Circle, who have opted for VRS-2019Scheme. Despite clear instructions andclarifications available, the CGM Tamilnadu hasadopted negative attitude aiming to harassmentthe employees who have given remarkablecontribution to company during their serviceperiod.5. It is surprising that he has opted to sleep formore than thirty years ignoring to ensure that hisservices were appointed with due procedure. Now,when all have worked and opted to retire, he hasissued order to verify the correctness of their castecertificate. We need write to state that there areenough provisions available in rules to take anyaction even an employee is retired and gettingpension, if his any fault is established.6. We have made numerous submissions beforeCGM TN Circle and also have addressed the CMDBSNL, DIR (HR) BSNL and Secretary DoT NewDelhi, but unfortunately we could not get justice.So we are presenting the case before you as under;a) We have provided an extract of Supreme Court’sjudgement/observation dated 20.08.2013 regardingwithholding of pension or terminal benefits due topending proceedings. The contents are self-explanatory, and needs no further elaboration.There are several other judgements also from theApex court on this subject and the same is notdenying the terminal benefits just because of thepending proceedings.b) In the case of our circle with regard to thesettlement of terminal benefits of ST communityemployees who were relieved on 31.01.2020, thereare no pending disciplinary or judicial proceedingsto withhold the terminal benefits.c) In fact the disciplinary proceedings should beinitiated against those appointing authorities whohave failed to verify the genuineness of thecommunity certificate before appointment or
HUM AUR AAP
BHARAT PENSIONER
June 2020
6
futility of conducting any inquiry to fixresponsibility on any individual, we say that weare not interested in that exercise because it willfurther delay the process of finalizing the casesplacing aside the real issue.Expecting your judicious and sympathetic decision,With Regards,Yours Sincerely, (D.D. MISTRY) Secretary BSNL/PSU Bhart Pensioner Samaj.Copy to:1. Shri Jitendra Prasad, MOS, PM House, NewDelhi.2. The Secretary, DOPPW, New Delhi.3. The CMD BSNL New Delhi.
No BPS/SG/RELHS/Corona/5 Dtd 02.06.2020 TheDG (RHS)’ The ED Health (Plg) The Director (IH)Railway BoardSubject: Reimbursement of cost of OPDMedicines: Special Sanction in view of COVID-19- till 31st July 2020-regardingSir,Kindly refer to Government of India Ministry ofHealth & Family Welfare Directorate General ofCGHS OM Z 15025/12/2020/DIR/CGHS dated29.05.2020 (Copy attached for ready reference)Bharat Pensioners Samaj request you to afford
BY : EMAILNoBPS/SG/PA/2020/Dtd 29.05.2020 The Secy(Pension) GOI M/O Personnel, AR,PG & PensionsJoint Secy, DOP & PW Director (PW) DOP & PWSubject : National Pension AdalatMadam/Sir,
Bharat Pensioners Samaj, requests youto kindly get issued a Circular detailing. TheConcept, Procedure and FAQ regardingNATIONAL PENSION ADALAT .
Pension Adalats are one of the bestPension related grievance resolving instruments.But in the absence of a detailed Circular,Departments like Indian Railway (Railway Board)and few of other government departmentshave lowered the dignity of this novel instrumentby avoiding to hold their own normal scheduledpension Adalats under the cover of NationalPension Adalat. Requesting for an early actionTruly Yours, Sd/ S.C.Maheshwari, Secy. Genl.BHARAT PENSIONERS SAMAJ
similar facility to Railway’s RELHS beneficiaries till31st July 2020.Thanking you with regards Truly yours,Er.S.C.Maheshwari, Secy. Genl. Bharat PensionersSamaj Mob: 9868488199
NoBPS/SG/Adalat/2020/4 Dated 27.05.2020Dear Shri D.V. Rao,Subject:- Request to issue immediate order to holdPension Adalat in the Month of July,2020..at Zonal/Divisional/Production units level of Indian RLY.Ref.:- Your letter No:E/W/2019/PA-1/5dt. 07.10.2019.Kindly refer to your above letter cancelling thealready-announced Pension Adalat of 16.12.2019,just on the eve of holding the same, creating therebygreat frustration among the aggrieved pensioners.Following few points are brought to your noticefor sympathetic consideration and immediateaction:(1)Even to-day, there are thousands of Railwaypensioners, who have not yet received their 7th CPCrevised PPO. A good number of revised PPOsissued are full of errors, which are yet to be rectified.(2)Quiet a number of grievances regarding grant ofFAMILY PENSION to Unmarried/Divorced &Widowed dependent daughters of deceasedpensioners are pending in Pension Adalats & arenot being resolved on the plea of cancellation ofpension Adalat.(3)That, cancellation of pension Adalat at Zonal/Div./PU level and introduction of NATIONALPENSION ADALAT which is meant only for longpending cases is independent of normal scheduledAdalats has lowered the dignity and effectivenessof the Pension Adalat itself.(4)That the pensioners and their Organizationsconsider that the Pension Adalat at Zonal/Div./PUlevel as the most effective means of GRIEVANCEREDRESSAL for them.Bharat Pensioners Samaj therefore, request you totake immediate steps to hold Pension Adalat in theMonth of July, 2020 at Zonal/Divisional/Productionunits of Indian RLY.Thanking you. To,WithRegards Sh.D.V.RaoYours Sincerely, Diretor E (W )Sd/ Railway BoardS.C. MaheshwariSecretary General BPS
HUM AUR AAP
BHARAT PENSIONER
June 2020
7
No:BPS/BDPA(I)/FP/UMV/Vadodara dt.1.6.2020To: Dr. Kamal Kapoor, C.C.A. Gujarat TelecomCircle, Ahmedabad-380001Sub:Non-Receipt of Family Pension – Case of Mrs.Ushaben Mahendrakumar Vyas w/o Mahendrakumar I. Vyas : Ex.OS(TL) CTO Vadodara.Ref:Out letter No: BPS/BDPA(I)/FP/UMV/VadodaraEMAIL Dated 6th May, 2020 and email reply dated6th May, 2020.Respected Sir,We write to invite your kind attention to the factthat Pensioner Shri Mahendrakumar I Vyas holderof PPO No: 382004111200987 expired on24.10.2019 and he was holding his Pension Accountin SBI Karelibag Vadodara under A/c No.10394881960, IFSC : SBIN0002659and bankcontact No. 0265-2463499.The Family Pensioner’s Pan Card No: ASJPV6127Gand F.P. Aadhar Card No: 7054 5323 5292 alongwith all required documents and Death Certificatehave been submitted on 21.11.2019 to the BranchManager, SBI Karelibag, Vadodara with a copy toAO O/O CCA Gujarat on 21.11.2019. Your officehas also submitted required information.We write to inform you that your office had obligedthe pensioner by forwarding our letter dated 5th
May, 2020 for necessary action, despite being busyin handling other pensioners’ cases. We are painedto state that the Family Pensioner has not receivedher Family Pension for last six months and therefore,request you to kindly take necessary action in thematter so that the F.P. gets her due Pension.Awaiting your early response in the matter,With regard,Yours faithfully,Sd/ (D.D. MISTRY) Secretary BSNL/PSUBharat Pensioner Samaj
SOCIAL DISTANCING ONLY WAYTO LIVE WITH COVID 19
No.NC-JCM-2020/Health May 20, 2020 TheSecretary, Government of India, Ministry of Health& Family Welfare,Dear Sir,Sub: Health care facilities for the CentralGovernment Employees and pensioners problemsand difficulties During lock down period –redressal regarding.
It has been brought to our notice by variousFederations/organizations of Central Governmentemployees and Pensioners that they face seriousproblems in accessing the health care relatedfacilities during the lockdown period throughoutthe country. As you are aware that since 24thMarch, 2020, the whole country has been placedunder lock down to combat the spread of thepandemic COVID. I9. The employees and especiallythe pensioners are not allowed to stir out of theirhomes. In the case of employees, they are allowedto go only to the places where they are assignedspecific jobs. This apart, the CGHS dispensariesthemselves had been functioning with little staffand virtually they were open for name- sake only.Neither the medicines were available nor the doctor.In the case of those employees, who are entitledfor the benefit of CCS(MA) rules, the situation wasmuch more precarious in as much as no privateclinic was allowed to be open and the AMAs werenot allowed private practice. The Govemmenthospitals in most of the cases had been declaredas exclusive Covid 19 hospitals where othertreatments are declared impermissible. Initiallyeverybody thought that the situation would be apassing phase and would improve once thepandemic spread is arrested. However, despite thelock down and other measures, the spread of thedisease had been on increase in many parts of thecountry, with the result the lock down had to beextended to the fourth phase. In the situation inwhich we are placed, it is difficult to bring aboutnormalcy in the near future. Perhaps till the antivirus vaccine is developed or medicine to cure thedisease is invented, the world will have to live withcertain restrictions to contain the deadly nature ofthe disease. In the circumstances, we are afraidthat the Government will have to think in terms ofalternative methods of providing the health carefacilities for the employees and pensioners keepingthe present rules and regulations undersuspension.We, therefore, make the following suggestions tohave hassle free alternate arrangements tillnormalcy is restored or travel restrictions areeased.When in patient treatment becomesnecessary:-
HUM AUR AAP
BHARAT PENSIONER
June 2020
8 Continued
(i) CGHS beneficiaries(including pensioners): maybe allowed to undergo treatment in any privatehospital nearby their residence. The cost oftreatment will be reimbursed by the concerneddepartment in case of employees and CGHS in thecase of pensioners. The Govt. may direct allhospitals to provide treatment to all CGHS and CGpensioners and they might be told that the ratesstipulated by AIIMS Delhi must be the basis ofbilling. The hospitals may be asked to submit thebills to the concerned department/Addl. Director,CGHS as the case may be for payment.(ii) The treatment has to be based on the productionof the CGHS-card Non-CGHS patients:(i) They may also avail the same facility as the CGHSbeneficiaries. i.e.in any hospitals near theirresidence. Their admission will be based on thebasis of a certificate of identity issued by thedepartment in which he/she is employed.Out-patient treatment.(i) Out patient treatment foremployees may be provided by the privatehospitals on the basis of a pre determined rate ofconsultation.(ii) The employees will sublimit the bills and getthe cost reimbursedPensioners. (out patient treatment)(i) In the case of pensioners who require outpatienttreatment, they may be permitted to avail either theCGHS facilities, if it is nearby their residence or inany private hospitals, which is near to theirresidence. Those who avail the private hospitalfacilities may submit their bills to the additionaldirector pension for reimbursement.The private hospitals tlu·oughout the country maybe asked to provide the O.P. Treatment to CGemployees and pensioners on the basis of apredetermined consultation fees and stipulatedcharges for pathological tests.We request you to kindly consider these suggestionand issue necessary orders.Thanking you, Yours faithfully, Shiva Gopal MishraSecretary (Staff side)
Presentation on Pension BY: S RadhakrishnaSr. Audit Officer (Retd) General Secretary, CCCGPABengaluru-V C ON 10.05.2020PENSION NOT AN EX-GRATIA BUT A RIGHT• All old people are not pensioners but allpensioners are old people.• The concept of pension as old age security inIndia dates back to the 3rd century.• Sukraniti states that a king had to pay half of thewages for people who had completed forty yearsof service.• From 1st January 1920 for European employeesdefined pension scheme with pensionproportionate to their service was introduced.• Contributory provident fund scheme wasintroduced to non European employees.Commutation of pension up to fifty percent of thepension was also granted in 1924.• Based on recommendation of Pay commissionsfollowing liberalisation in pension has been done:• From 1.1.1950 age of retirement was fixeduniformly to all employees at 58 years and pensionwas fixed 1/80 of emoluments for each year ofservice subject to a maximum of 35 years. Age ofretirement was enhanced to 60 years from 1.5.1997• Based on the III CPC recommendations servicefor pension was to a maximum of 33 years andcalculation of average emoluments was reducedfrom 36 months to 10 months from 29-2-1976.• From 1-4-1979 slab system of calculation ofmonthly pension was introduced.• From 1-1-1986 50 percent of average emolumentsas pension was introduced but linkage with 33 yearsof service for full pension was retained.• From 1.1.2006 linkage of service for full pensionabolished and 50 percent of last pay drawn aspension was introduced. Age related increment inpension was introduced.• From 1.1.2016 pay of all those who had retiredprior to 1.1.2016 was notionally fixed in the paymatrix of 7CPC at level appropriate to the scale ofpay from which retired and pension at 50% of thatpay was fixed.Judiciary On Pension:• Constitution Bench of the Supreme Court headedby then Chief Justice Y.V.Chandrachud on 17December 1982delivered judgment on pension
STAY AT HOMEAND BE SAFE
HUM AUR AAP
BHARAT PENSIONER
June 2020
9
HUM
which has become famous as ‘Nakra Judgment(AIR 1983, SC 130).” the judgment states:• ‘A pension scheme consistent with availableresources must provide that the pensioner wouldbe able to live Free from want and with decency,independence ad self respect at standardequivalent at the pre-retirement level• Pension is neither a bounty nor a matter of gracedepending on the sweet will of the employer andthat creates a vested right subject to statutory rules;• Pension is not an ex-gratia payment, but it is apayment for the past service rendered;• It is social welfare measure rendering socio-economic justice to those who in the heyday oftheir life ceaselessly toiled for the employer on anassurance that in their old age they would not beleft in the lurch;• Pensioners’ form a class by themselves and thisclass is not divisible for purposes of entitlementsand payment of pension to those who retire ‘before’and those who retire after a certain date arbitrarilyfixed for the purpose.• This judgment resulted in pay commissionsstarting from IV CPC looking into the pensionersbenefits of those who had already retired andmaking recommendations.• The Fifth pay commission stated that “It needsto be averred emphatically that pension is not inthe nature of alms doled out to beggars. The seniorcitizens need to be treated with dignity andcourtesy benefited their age. Pension is theirstatutory, inalienable, legally enforceable right andthe sweat of their brow has earned it. As such itshould be fixed, revised, modified and changed inways not entirely dissimilar to the salaries grantedto serving employees”.• This judgment resulted in pay commissionsstarting from IV CPC looking into the pensionersbenefits of those who had already retired andmaking recommendations.• The Fifth pay commission stated that “It needsto be averred emphatically that pension is not inthe nature of alms doled out to beggars. The seniorcitizens need to be treated with dignity andcourtesy benefited their age. Pension is theirstatutory, inalienable, legally enforceable right andthe sweat of their brow has earned it. As such itshould be fixed, revised, modified and changed in
ways not entirely dissimilar to the salaries grantedto serving employees”.Age related pensionAge related pension Additional quantum of
pension• From 80 years to less 20% of basic pension
than 85 years;• From 85 years to less 30% of basic pension
than 90 years• From 90 years to less 40% of basic pension
than 95 years• From 95 years to less 50% of basic pension
than 100 years• 100 years or more 100% of basic pension• The additional quantum of pension/familypension, on attaining the age of 80 years and above,admissible from the 1st day of month in which hisdate of birth falls.• Example, if a pensioner/family pensionercompletes age of 80 years in the month of August,2008, he will be entitled to additional pension/familypension w.e.f. 1.8.2008.• Those pensioners/family pensioners whose dateof birth is 1st August, will also be entitled toadditional pension/family pension w.e.f. 1.8.2008on attaining the age of 80 years and above.• RETIREMENT GRATUITY• A Government servant eligible for servicegratuity or pension and completed 5 years ‘QS’,on retirement granted Retirement gratuity equal to1/4th of emoluments for each completed 6 monthlyperiod of ‘QS’ subject to a maximum of 16.5 timesemoluments or Rs.20 lakh whichever is less [Rule50 (1) (a)] Emoluments include ‘DA’ [GID 4 belowRule 33]• DEATH GRATUITY:• service gratuiry• Less than 1 year ‘QS’ 2 times emoluments;• One year or more but 6 times emoluments
less than 11 years QS• 11 years or more but 12 times emoluments
less than 20 years• 11 years or more but 20 times emoluments
less than 20 years QS20 years or more QS 6 Half the emolumentsmonthly period of ‘QS’
subject to a maximumof 33 times emoluments
HUM AUR AAP
BHARAT PENSIONER
June 2020
10
or Rs.20 lakh whicheveris less [Rules 50 (1)(a)]
Residuary Gratuity:• If a Government servant who has become eligiblefor service gratuity or pension, dies within 5 yearsfrom the date of his retirement from serviceincluding compulsory retirement as a penalty andthe sums actually received by him at the time of hisdeath on account of such gratuity or pension,Retirement gratuity and commuted value is lessthan 12 times his emoluments, deficiency will bepaid to the family as residuary gratuity [Rule 50(2)]Gratuity Nominations• In favour of family members, if he has a family,• If no family, may be made in favour of a person(s),or a body of individuals whether incorporated ornot.• On acquiring a family such nomination becomesinvalid.• If more than one person is nominated, amount ofshare to each nominee to be specified.• Alternative nominee in the event of predeceasingof the nominee before Government servant also tobe specified• Contingencies that disqualify a nominee also tobe stated [Rule 51 & 53]Definition of Family for Gratuity :• Wife or wives including Judicially separated wifeor wives• Husband including Judicially separated husbandin the case of a female Government servant• Sons including step sons and adopted sons• Unmarried daughters including step daughtersand adopted daughters• Widowed daughters including step daughtersand adopted daughters• Father including adoptive parents wherepersonal law permits adoption38• Mother including adoptive parents wherepersonal law permits adoption• Brother below 18 years including step brothers• Unmarried sisters and widowed sisters includingstep sisters• Married daughters and Children of pre-deceasedson [Rule 50.6]
PENSION PROCEDURE :(a) Pension • Bank Branch/Disbursing Authority : Treasury/Post/PAOOffice paying yourpension(b) Pension • The authority whoSanctioning Authority: sanctioned your
pension beforeforwarding the case toAccounts
(c) PPO Issuing • Generally, the Pay &Authority: Account Officer is the
PPO issuing authority.Pension Disbursement :• Pension is paid through Bank. There is a list ofpublic sector and private sector banks in each Statein which a pension account may be opened.• The pension payment is now permitted to becredited to a joint account operated by thepensioner with his/her spouse (either by ‘Formeror Survivor’ or ‘Either or Survivor’ basis) in whosefavour an authorization exists in the PensionPayment Order,• Once pension has been credited to a pensioner’sbank account, the liability of the Government/Bankceases. No further liability arises, even if the spousewrongly draws from the account.As pension is payable only during the life of apensioner, his/her death shall be intimated to thebank at the earliest and in any case within onemonth of the demise, so that the bank does notcontinue crediting monthly pension to the jointaccount with the spouse, after the death of thepensioner.• Recovery of Excess Amount Credited: Beforecommencing payment of pension, the payingbranch obtains an undertaking in the prescribedform Annexure-XI of the Scheme from thepensioner. On the strength of this undertaking theexcess payment, if any, credited to his/her accountcan be recovered by the paying branch.Income Tax Recovery• As the bank is disburser and pension comesunder the head ‘salary’ bank has to deduct incometax as per Income Tax Act if the total pensionincluding DR paid in a year exceeds taxable income.If the pensioner does not want income tax to be
HUM AUR AAP
BHARAT PENSIONER
June 2020
11
HUM AUR HUM
deducted he/she has to file a declaration in homebranch indicating the savings as per IT Act theyintend to do and also proof such investment to beattached.• In case of family pension no tax deducted asfamily pension is treated as income from othersources.• In case of joint account tax will be deducted fromfirst account holder. Therefore pensioners have toopen account in their name and add spouse asjoint account holder.• FAMILY PENSION:• Eligibility for Family of a Government servantwho dies:• after completion of one year continuous service;or• before completion of one year continuous serviceprovided the deceased employee was medicallyexamined and declared fit for Government serviceprior to his appointment; or• after retirement from service was in receipt ofpension or compassionate allowance on the dateof death• continuous service means service in apensionable establishment and does not includeperiod of suspension & service below 18 years ofage• Definition of Family for FP:• Category-I• Widow or widower, upto the date of death or re-marriage, whichever is earlier.• Son/daughter (including widowed daughter),upto the date of his/her marriage/remarriage or tillhe/she starts earning or till the age of 25 years,whichever is the earliest.• Category II• Unmarried/widowed/divorced daughter, notcovered by category I up to the date of his/hermarriage/remarriage or till he/she starts earning orup to the date of death, whichever is the earliest.• Parents who were wholly dependent on theGovernment servant when he/she was aliveprovided the deceased employee had left behindneither a widow nor a child.• Family pension to dependent parents unmarried./widowed/divorced daughters will continue till thedate of death
• Family pension to unmarried/widowed/divorceddaughters in category II and dependent parentsshall be payable only after the eligible familymembers in category I cease to be eligible and thereis no disabled child to receive family pension• Grant of family pension to children in respectivecategories is in order of their date of birth andyounger of them will not be eligible unless the nextabove him/her has become ineligible for pension.• The dependence criteria for the purpose shallbe the minimum family pension along with dearnessrelief thereon.• The childless widow of a deceased Governmentemployee shall continue get family pension evenafter her remarriage till such time her independentincome from all other sources become equal to orhigher than the minimum family pension prescribedin the Central Government. A certificate to thateffect to be produced every six months by thepensioner to the disbursing authority. This is notapplicable in case of widower• Family Pension to Judicially separated spouse:Family pension is payable to a spouse judiciallyseparated provided there is no child who is eligiblefor family pension. But it is not payable to a spousejudicially separated on the ground of adultery andwho had been held guilty of committing adultery.• Family Pension to Post-retiral spouse andchildren born after retirement: The family pensionis admissible to post-retiral spouse and childrenborn/adopted legally after retirement.• When both husband and wife are Governmentservants and if one of them dies the spouse willget FP in addition to salary/pension. When bothare deceased the children will get two familypensions subject to a maximum of Rs.45000 if bothor one FP is payble at enhanced rate or Rs.27000 ifthey are payble at normal rates• Payment of Family Pension:• Normally, the amount of family pension issanctioned and authorized at the same time aspension and indicated in the Pension PaymentOrder and is to be drawn after the death of thepensioner.• In the case of death of a pensioner, the deceasedpensioner’s spouse or a disabled child ordependent parents or a disabled sibling shouldapply in Form No. 14 along with a copy of the
HUM AUR AAP
BHARAT PENSIONER
June 2020
12
death certificate of the deceased pensioner to thePension Disbursing Authority. Where thepensioner and spouse held a joint account,• In case of joint account, Form 14 is not requiredand the spouse may inform the Bank of death ofthe pensioner by way of a simple letter enclosing acopy of death certificate.• The paying bank will identify the spouse basedon the information given in the PPO and its own“Know Your Customer” procedures.• If the pension is not being credited to the jointbank account of the pensioner and his/her spouse,the spouse is required to submit Form 14 to thepension disbursing bank. However, the attestationof Form 14 not required but witness of two personshas to be given.• The other children will apply to the Head ofOffice for sanction of family pension.• Order of Disbursement of Family Pension:• In the case of a widow or widower, up to the dateof death or remarriage, whichever is earlier. FamilyPension shall continue to be payable to a childlesswidow after her re-marriage if her income from allother sources is less than the amount of minimumfamily pension and the dearness relief thereon.• b) When widow or widower becomes ineligible,children below 25 years of age in the order of theirage, up to 25 years of age or till they get married ortill they start earning more than the amount ofminimum family pension along with dearnessallowance thereon.• c) After (a) & (b) above; for the lifetime to anyson/daughter who is suffering from any disorderor disability of mind (including mentally retarded)or physically crippled or disabled and who is unableto earn a living.• d) If no spouse/children below 25 years of age/disabled children above 25 years of age are eligiblefor family pension, it may be granted to unmarried/widowed/divorced daughters above the age of 25years in the order of seniority of their age.• e) Thereafter, family pension may be paid to theparents who were wholly dependent on the Govt.servant when he/she was alive.• f) Disabled siblings (i.e. brother and sister) whowere dependent on the Government servantimmediately before the death of the GovernmentServant, for life.
• Is Family Pension Payble to more than onemember?• Normally, the family pension is payable to oneeligible member at a time.• in certain specific cases, the family pension isdivided among eligible members of the family.• The family pension will be paid in equal shareswhere the deceased Govt. servant or pensioner issurvived by –• More than one widow (except in the case ofHindu widow or where polygamy/polyandry is notallowed).• A widow and an eligible child through anotherwidow which she would have received had shebeen alive.• A widow and an eligible child from a divorced/illegally wedded wife; the child will be entitled tothe share of family pension which the mother wouldhave received had she not been divorced/ had shebeen legally wedded.• Twin, triplet or quadruplet children.• In all the above cases, on the death of onerecipient, his/her share of the family pension shallbecome payable to other member(s) of family whowas/were sharing family pension with him/her.• Enhanced Family Pension:• Family pension is paid @ 30% of the pay lastdrawn. However, in the following three cases,family pension is payable at the enhanced rate of50% of the last pay drawn:• From 1.1.2006, where a person dies while inservice after rendering not less than seven yearscontinuous service, the rate of family pension shallbe equal to 50% of last pay drawn from the date ofdeath of deceased Government Servant, payablefor a period of ten years.• In the event of death of Government Servantafter retirement, the enhanced family pension shallbe payable for a period of seven years or for aperiod up to the date the deceased would haveattained the age of 67 years, whichever is earlier.• In no case the amount of family pension exceedthe pension authorised on retirement fromGovernment.• Arrears of Pension/FP on the death of Pensioner:• If the deceased pensioner has made nominations:• Under Payment of Arrears of Pension(Nomination) Rules 1983 and accepted;
HUM AUR AAP
BHARAT PENSIONER
June 2020
13
HUM HUM AUR AAP
• Under PO SB/ Bank Deposit Rules• The arrears of Pension will be paid to thenominee.• If there is no nomination the pension disbursingauthority will seek the instructions of PensionSanctioning Authority regarding payment to legalheirs.• Life Certificate:• All pensioners have to furnish life certificate inthe month of November. Those above 80 yearscan submit certificate in the month of October also.• All those who have newly retired personsbetween January and October also have to furnishcertificate in November. If it is not submitted pensionfor the month of December will not be credited.• Life certificate can be submitted in physical formin the bank or in digital form through JeevanPramaan website. The physical certificate can besubmitted in any branch of the paying bankincluding branches outside the country.• If the certificate is furnished other than in homebranch IFSC code of their home branch has to beindicated on the top of the certificate.• Procedure for submitting online Life Certificatethrough ‘Jeevan Pramaan’• First register Aadhaar number in the pensionaccount. Then download the software from https://jeevanpramaan.gov.in• Pensioner’s information like Pension Aadhaarnumber, Pensioner Name, PPO Number, BankAccount detail, Address, Mobile number etc arefed into the system through web based/clientinterface and finally pensioners personalinformation are authenticated using the Aadhaarnumber and pensioner has to put his finger on tothe finger print scanner or eye on the Iris scanner.• After successful authentication, Pramaan ID /the transaction number is displayed on the screenand same is sent to Pensioner’s mobile as SMSfrom the portal. The portal generates ElectronicJeevan Pramaan for the successfully authenticatedpensioner and it is stored in the central LifeCertificate Repository database.• The disbursing Bank can access and get theJeevan Pramaan certificate from the portal for hispensioners through the electronic data transfermechanism created between the portal and Bankserver.
• Joint Account:• The Government of India has permitted creditingof pension to joint account with spouse.• All pensioners having single account canconvert to joint account with their spouse. Havingjoint account will help in payment of family pensionto the spouse in the event of death of pensioner.• In joint account pensioner should be the firstaccount holder.• In case of death of pensioner on production ofdeath certificate in original and filling of simple formfamily pension will be credited to the spouse byconverting joint account into single account in thename of family pensioner.• There is nomination facility for SB account. It isalways advisable to make nomination• Transfer of pension account:• Pensioners can transfer their pension drawingaccount from one branch to another branch or todifferent bank. For this purpose they have to submita request to the existing home branch to transferthe account to new branch and new branch willupload the changes in the details of account holder.• If the transfer of account is within the jurisdictionof same CPPC for example if it is within Karnatakaautomatically pension will be credited to newaccount from subsequent month. If transfer ofaccount involves change of CPPC or change ofbank then there may be one or two months delay increditing of pension after transferring account.• Duplicate PPO:• There is no provision for providing duplicatePPO• However if pensioner has lost his copy of PPOon request bank will provide certified photo copyof PPO.• Internet Banking:• The banks are providing internet banking within an intention to provide easy banking to thecustomers at the comfort of their house for 24 hoursa day all the seven days in a week.• For availing internet banking customers have toregister their email id and mobile number with thebank and has to be linked to their account andapply for internet banking facilities at their homebranch.• Internet banking is very if account holder doesnot share account details, user id pass word and
BHARAT PENSIONER
June 2020
14
Disclaimer: The above advisory does not claim to be treatment for COVID 19
OTP with anyone. The banks never ask for thesedetails.• Transaction through Internet banking should beavoided in office network or common network.• Every account holder can get the debit card andavail the facilities of ATM.• The account details can be seen through internetbanking. The funds can be transferred to otheraccount. One can also invest in term deposits, PPFand other investments options provided by bank.26 AS statement containing income TDS detailscan also be downloaded.• Additional Facilities in SBI:• Pensioners Seva: SBI has opened separatewebsite for the service of pensioner the address ofthe website is https://www.pensionseva.sbi. Usingthe email pensioner has to register in the website.He can download his pension slip, calculation sheetof arrears of pension if paid, details of TDS etc.• YONO: The SBI has introduced a mobile appYONO for the convenience of customers. This appcan be downloaded through Google Playstore onregistered mobile number. Using this app alltransactions of the bank can be done. It is 100%safe.• Fixed Medical Allowance:• Fixed Medical Allowance is granted to thepensioners residing in areas not covered by CGHS,if they are not using CGHS facility for OPDtreatment from a CGHS dispensary in the nearestcity.• The amount of Fixed Medical Allowance is Rs.1000/- per month w.e.f. 01.07.2017.• The pensioners/ family pensioners residing inCGHS areas who do not opt to avail CGHS facilityare not eligible to receive FMA.• Pensioners/ family pensioners not residing inCGHS area have an option to avail CGHS facilityfrom the nearest CGHS city for Indoor treatmentonly (on payment of CGHS contribution) and toget monthly FMA in lieu of OPD facility.• If any pensioner or family pensioner receivestwo pensions, Fixed Medical Allowance isadmissible from only one of the two organizations.• Pensioner who gets both military pension andcivil pension, if the pensioner avails of the medicalfacilities provided by one of the civil or militaryorganisations, he is not entitled to Fixed Medical
Allowance and if he does not avail medical facilitiesfrom any of the organizations, he is entitled to FixedMedical Allowance for only one of the twoorganizations. Please see page 19 RH colmn also---------------------------------------------------------------Government of India Ministry of Personnel. PublicGrievances & Pension Department of Pension &Pensioners’ Welfare O M No. 12/4/2020-P&PW(C)-6300 Dated 15.05.2020Subject: Consolidated instructions for PensionDisbursing Authorities to ensure smooth paymentof pension/famiiy pension to pensioners /familypensioners.On an analysis of the grievances received inthis Department, it has been observed that updatedand consolidated instructions will help improve theprocessing of Pensioner’s requests by banks andothers. Hence, an attempt has been made herein,to consolidate relevant instructions issued byDepartment of Pension & Pensioners Welfare fromtime to time with regard to disbursement of pensionand family pension. These Banks are adoptingdifferent procedures, while releasing pension/family pension or seeking declarations/certificatesfrom pensioners/family pensioners at differentperiodicity. Therefore, the following consolidatedguidelines are being issued with an objective tocreate awareness among CPPCs/ bank brancheson updated rules and instructions in this regard-:(i) Requirement of pensioners to be present inperson before paying bank in person before payingbank branch for credit of first pension: Thepensioner is no longer required to visit bank inperson for credit of his first pension. Theundertaking with regard to recovery of overpayment from pensioner is forwarded to concernedbank CPPC through CPAO along with the PPO.Bank will not insist for the presence of pensionerin order to activate their pension account.(DoPPW’s OM No. 1/27/2011-P&PW dated 7thMay 2014)(ii)Requirement of family pensioner to submit form14: On death of a pensioner, the spouse is notrequired to submit form 14. if he/she was having ajoint account with the pensioner and authorisationfor payment of family pension exists in the PensionPayment Order (PPO) in his/her favour. In suchcases, spouse will be required to provide only a
GOVT ORDERS
BHARAT PENSIONER
June 2020
15z
zz
copy of the death certificate to the pension payingbranch in order to commence his/her familypension. Pension disbursing bank will identify thefamily pensioners based on the informationfurnished in PPO and its own Know Your Customerprocedure without insisting him/her to physicallypresent himself/herself in the paying bank.(DoPPW’s OM No. 1/27/2011-P&PW dated 20lhSeptember 2013)(iii) Insisting spouse to open separate bankaccount for getting family pension: Banks will notinsist for opening a new account when the spousewas having a joint account with the pensioner andauthorisation for payment of family pension existsin the Pension Payment Order (PPO) in his/herfavour, (RBI Circular- Disbursement of GovernmentPension by Agency Banks dated September 9, 2019)(iv) Submission of declaration for taking upcommercial employment after retirement: Thisdeclaration is required from pensioners who haveretired from Group ‘A’ services/posts, Thisdeclaration is required only in the first year afterretirement of a Group A officer. Therefore, thisdeclaration may not be sought from the pensionerafter expiry of one year from the date of retirement.If a pensioner declares that he has taken upcommercial employment within one year from thedate of retirement without obtaining permission ofGovernment, Pension disbursing bank will seekthe orders of the Government through the CPAObefore making further pension payments. However,if a pensioner declares that he has taken upcommercial employment within one year afterretirement with the permission of the Government,Pension disbursing bank will continue to pay his /her pension, (Rule 10 of CCS Pension Rule).(v) Submission of reemployment certificate: Apensioner is required to furnish a re-employmentdeclaration once in a year i.e. in the month ofNovember every year. If a pensioner declares thathe is re-employed under the Central or StateGovernment, or a Corporation/ Company/ Body/Bank under them, the element of dearness reliefduring the period of re-employment may not becredited by the bank during the period of suchre-employment. However, if a pensioner declaresabout his re-employment and also states that in
accordance with the relevant rules/instructions,entire amount of his/her pension has been ignoredwhile fixing his/her pay in the re-employment post,he will continue to be eligible to draw dearnessrelief along with pension. If a pensioner fails tosubmit requisite declaration in the month ofNovember, the element of dearness relief on hismonthly pension may not be credited by the bankand he may be paid pension excluding the dearnessrelief. Employment/re-employment of spouse doesnot affect his/her family pension. Therefore,Dearness Relief will continue to be paid with familypension to the spouse who is employed/re-employed in the aforesaid organizations. (Rule 55of CCS Pension Rules. 1972).vi) Submission of non-earning certificate: A familypensioner, other than spouse, has to submit adeclaration of non-earning his/her livelihood everyyear in the month of November. As per rule 54(6) ofCCS (Pension) Rules, 1972, family pension isallowed to a son, daughter, disabled sibling orparents of a deceased pensioner who has to submita declaration of non-earning his/her livelihoodevery year in the month of November. As per rule54(6) of CCS (Pension) Rules, 1972.(vii) Submission of declaration of marriage: Afamily pensioner, other than spouse, has to submita declaration of non-marriage/non re-marriageevery six months. The family pension isdiscontinued if she/he gets married/re-married. Ifthe spouse is a recipient of family pension, nocertificate of remarriage is required to be furnishedby him/her. At the time of commencement of familypension, an undertaking will be obtained from him/her to the effect that in the event of his/her re-marriage, he/she will report the fact to the pensiondisbursing bank promptly. However childlesswidow of deceased Government servant anddisabled child of a pensioner/Government servantwill continue to get family pension even if they getmarried/re-married. (Rule 54(6) of CCS (PENSION)RULES. 1972)(viii) Submission of life certificate: Life certificatehas to be submitted by every pensioner/familypensioners in the month of November every year.Pension Disbursing bank will also accept Aadharenabled Digital Life Certificate ’Jeevan Pramaan”.
GOVT ORDERS
BHARAT PENSIONER
June 2020
16
Old aged pensioners who are 80 years and abovecan submit life certificate in the month of Octoberalso, (D/o Pension & Pensioners Welfare’s OM No.1/20/2018 P&PW (E) Dated 18.07.2019)ix) Submission of disability certificate : If familypension has been sanctioned to a disabled childand the disability is temporary, the guardian of suchdisabled child shall produce disability certificateonce in every 5 years to the effect that he/shecontinues to suffer from such disorder/disabilityin order to continue family pension. No freshcertificate of disability would be required in thecase of a child with permanent disability. A disabledchild will also be required to self-certify every yearthat he/she has not started earning his/herlivelihood (Rule 54(6) of CCS Pension Rufe.1972)X) Restoration of commuted portion of pension:Restoration of commuted portion of pension after15 years is to be made automatically by bank.Pensioner will not be asked to make application forrestoration of commuted portion of pension. Incases where the date of commutation is not readilyavailable in the PPO, the bank will obtain theinformation from the Accounts Officer who issuedthe PPO through Central Pension AccountingOffice before restoring the commuted portion ofpension The amount of commuted pension will notbe deducted from family pension. (Rule 10 of CCS(Commutation of Pension) Rules,1981}xi) Paying additional amount of pension onattaining the age of 80 years and above: Theadditional quantum of pension/family pension willbe paid on attaining the age 80 years and above.Additional pension is paid from the first day of themonth In which a pensioner/family pensionercompletes the age of 80 years and above, Forexample, if a pensioner /family pensioner completesthe age of 80 years in the month of August, 2020.he will be paid additional pension/family pensionfrom 1st day of the month of August, 2020. Bankwill not insist for any request/application frompensioners/family pensioners in order to payadditional pension to them. The quantum ofadditional pension/family pension to thepensroners/family pensioners is as follows:-Age of Pensioner Additional quantum
of pension
From 80 years toless than 85 years 20% of basic pensionFrom 85 years toless than 90 years 30% of basic pensionFrom 90 years toless than 95 years 40% of basic pensionFrom 95 years toless than100 years 50% of basic pension100 years or more 100% of basic pension(D/o Pension & Pensioners Welfare’s OM No. dated38/37/08 P&PW(A) dated 2ndSeptember &3rdOctobor 2008 )xii) Obtaining of Life Certificate from the doorstepof the pensioners:- The Department has issueddirections to all the Pension Disbursing Banks tosend SMSs/Emails to all their pensioners on 24thOctober, 1st November, 15th November and 25thNovember every year reminding them to submittheir Annual Life Certificates by 30th November.The Department directed all Pension DisbursingBanks to make an exception list as on 1st Decemberevery year of those pensioners who fail to submitlheir Life Certificate and issue another SMS/Emailto them for submitting the Life Certificate. The bankin addition will also ask such pensioners throughSMS/Email as to whether lhey are interested insubmission of Life Certificate through a chargeabledoor-step service, on a nominal charge notexceeding Rs, 60/-. (D/o Pension &PensionersWelfare’s Circular No. 12/4/2020 P&PW-6300. dated17.01.2020). All banks are advised to comply withthe above instructions and to give wide publicityby putting up these instructions on their websitesand also on the notice boards of the branches ofthe bank etc. This issues with the approval of thecompetent authority.Sd/(Rajesh Kumar) Under Secretary to the Governmentof India Tel No. 23310106-----------------------------------------------------------------RAILWAY BOARD Office Order No. 35 of 2020(Amendment No. 37 to July 2013 edition of thesubject list) No. 2020/0&M/26/2 Dated:-ll.05.2020.Sub: Amendment No. 37 to July 2013 edition of thesubject list) Concerned Branch to deal with issuesof Notional Increment on the day ofsuperannuation.
GOVT ORDERS
BHARAT PENSIONER
June 2020
17
The issue as to which Directorate will deal withthe subject relating to grant of Notional Incrementon the day of superannuation, when the same wasdue on next day, exclusively for the purpose offixation of pension was under considerationbecause of differences between concerned branchregarding processing of such cases.2. It has now have been decided with the approvalof the competent authority that all such case forgrant of notional increment on the day of retirementwhich is at variance with 6lh/7th CPC and existingprovision for grant of increment under RSRP Rulebe examined and handled by Pay CommissionDirectorate (PC-VI/PC-VII as the case may be). Postgrant of notional increment the issue of Pensionwould be handled by F(E)-III unit. In case of anyissue not related to 6th/7th CPC warranting grantof notional increment under F R rules would alsobe handled/coordinated by F(E) Directorate.Hence forth all court cases/RTI reference/Railwayreference/representation etc., would accordinglybe handled by PC and F(E) Directorate respectively.3. Accordingly, the subject list of F(E)-III and PC-VI/ PC-VII stands amended.SD/- (B. Majumdar) Joint Secretary/Railway Board
The Pay Commission Directorate will deal withthe stepping up of cases between senior and
junior officials due to the introduction ofspecific pay commission provisions
RAILWAY BOARD)OONo.34 of 2020(Amendment No. 36 to July 2013 edition of thesubject list)Sub: Concerned Branch for Stepping of Pay onissues arising other than RSRP Rules.The issue as to which Directorate will deal withthe subject relating to Stepping up of Pay wasunder consideration because of ongoingdifferences between Directorates. The followinghas been decided with the approval of theCompetent Authority:Stepping up of cases between senior and juniorofficials due to implementation of variousprovisions of different Pay Commissions wouldbe dealt with by Pay Commission Directorate (PC-VI/PC-VII as the case may be);Stepping up of cases between senior and juniorofficials due to being on leave/deputation/
working on ex-cadre post by the senior employeeand promotion of junior employee during this periodi.e on aspects other than RSRP rules would be dealtwith by F(E) Directorate.2. Hence forth all court cases/ RTI reference /Railwayreference/ representation etc., would accordinglybe handled by F(E) and PC Directorate respectively.3. Accordingly the subject list of F(E)-II and PC-VI/PC-VII stands amended.No. 2020/ O&M/26/1 Dated: 11.05.2020(B. Majumdar),Joint Secretary/Railway Board-----------------------------------------------------------------Cabinet approves extension of ‘PradhanMantriVayaVandanaYojana’Posted On: 20 MAY 2020 2:26PM by PIB DelhiThe Union Cabinet, chaired by the Prime MinisterShri Narendra Modi, has given its approval to thefollowing for the welfare of and to enable old ageincome security for Senior Citizens:(a) Extension of Pradhan Mantri Vaya VandanaYojana (PMVVY) up to 31st March, 2023 for furtherperiod of three years beyond 31st March, 2020.(b) To allow initially an assured rate of return of7.40 % per annum for the year 2020-21 per annumand thereafter to be reset every year.(c) Annual reset of assured rate of interest witheffect from April 1st of financial year in line withrevised rate of returns of Senior Citizens SavingScheme (SCSS) upto a ceiling of 7.75% with freshappraisal of the scheme on breach of this thresholdat any point.(d) Approval for expenditure to be incurred onaccount of the difference between the market rateof return generated by LIC (net of expenses) andthe guaranteed rate of return under the scheme.(e) Capping Management expenses at 0.5% p.a. offunds of the scheme for first year of scheme inrespect of new policies issued and thereafter 0.3%p.a. for second year onwards for the next 9 years.(f) Delegating the authority to Finance Minister toapprove annual reset rate of return at the beginningof every financial year.(g) All other terms and conditions of the schemeremaining the same.The minimum investment has also been revised toRs.1,56,658 for pension of Rs.12,000/- per annum
GOVT ORDERS
BHARAT PENSIONER
June 2020
18
Govt Orders
-
Secy Genl
GOVT ORDERS
and Rs.1,62,162/- for getting a minimum pensionamount of Rs.1000/- per month under the scheme.Financial implications: Government's financialliability is limited to the extent of the differencebetween the market return generated by LIC andthe guaranteed return of 7.40% per annum initiallyfor the year 2020-21 and thereafter to be reset everyyear in line with SCSS. The expenses on managingthe scheme, are capped at 0.5% of assets undermanagement per annum for the first year of thescheme and 0.3% p.a. for second year onwards forthe next nine years. As such the expected financialliability v/ill range from an estimated expenditureof Rs. 829crore in the financial year 2023-24 to Rs.264crore in last FY 2032-33. The average expectedfinancial liability for the subsidy reimbursement,calculated for annuity payment on actual basis isexpected to be Rs. 614 crore per year for currencyof the scheme. The actual interest-gap (subsidy)would however depend upon the actual experiencein terms of number of new policies issued, thequantum of investment made by subscribers, actualreturns generated and the basis of annuity payment.PMVVY is a social security scheme for seniorcitizens intended to give an assured minimumpension to them based on an assured return on thepurchase price/subscription amount.VRRK/SH , (Release ID: 1625318) Visitor Counter :2091
Central Govt has the power to postpone DA andDR hike-Delhi High Court Order
Honourable Delhi High Court in its Judgement,dated 1.6.2020 wt(c) 3308/2020 dismissing the pleaagainst freezing DA and DR, observed that theCentral Government has the Power to postponethe DA and DR hike.A plea was filed in Honourable Delhi High Courtagainst the Government Order freezing DA and DR.The Honourable High Court has dismissed this pleaas the Court didn’t find any merit in this petition.Increase in DA / DR are not taken away, its justpostponed. Further the Honourable High Courtstated that the said Finance Ministry Order hasnot taken away the increase in DA or DR it is justPostponed, “With regard to increase of 4%Dearness Allowance or Dearness Relief with effectfrom 01.01.2020 is concerned, the impugned OfficeMemorandum does not seek to take it away. Allthat it does is to postpone its payment till after01.07.2021. That power, in our view, resides withthe Central Government, by virtue of Rule 3 of theAll India Services (Dearness Allowance) Rule, 1972,since the Central Government is empowered to takethe decision to make payment of DearnessAllowance/Dearness Relief, subject to suchconditions as the Central Government may specifyfrom time to time.”Calculate Here : The Increase in Expected DA fromJuly 2020. No statutory rule to enhance theDearness Allowance or Dearness Relief at regularintervals Delhi High Court referred the All IndiaServices (Dearness Allowance) Rules, 1972 andobserved the following.“These statutory rules have been framed by theCentral Government after consultation with theGovernment of the States concerned in exercise ofpowers conferred by Sub Section (1) of Section 3of All India Services Act,1952. Rule 3 of the saidRule is relevant, and which reads as follows:“3. Regulation of dearness allowance: Everymember of the Service and every officer, whoseinitial pay is fixed in accordance with sub-rule (5)or sub-rule (6A) of rule 4 of the IndianAdministrative Service (Pay) Rules, 1954 or sub-rule (5) of rule 4 of the Indian Police Service (Pay)Rules, 1954 or sub-rule (6) of rule 4 of the Indian
jsyos isa’kulZ lekt lgkjuiqj] oSfÜod egkekjh
^uksoy dksjksuk ok;jl dksfoM&19* ds Hkkjr esa
laØe.k dh vkikr fLFkfr;ksa esa vius ;’kLoh
ekuuh; çèkkuea=h Jh ujsUæ eksnh th dh
çcUèk&O;oLFkkvksa ds çfr —rKrk çdV djrk
gS rFkk muds vkºoku ij ^çèkkuea=h
ds;lZ&Q.M* ds fy, laLFkk vkSj lnL;ksa ls
,df=r èkujkf’k vkids ekè;e ls vYi ;ksxnku
Lo:i 1]51]000@&¼,d yk[k bDok;u gtkj
:i;s½ iatkc us’kuy cSad pkSd ua0 668208
fnukad 30-05-2020 lefiZr djrk gSA
BHARAT PENSIONER
June 2020
19
GOVT ORDERS
“ So far as the right to receive the increase ofDearness Allowance/ Dearness Relief alreadydeclared by the Government with effect from01.01.2020 is concerned, it falls well within thedomain of the Central Government to decide as towhen to disburse the said increase. There is noobligation in law upon the Central Government todisburse the increase in Dearness Allowance/Dearness Relief within a time bound manner. Rule 3of All India Services (Dearness Allowance) Rulesreferred to above, itself empowers the CentralGovernment to lay down the conditions subject towhich Dearness Allowance may be drawn byofficers of Central Government.”For the aforesaid reasons the Court finds no meritin this petition and the same is, accordingly,dismissed.
Forest Service (Pay) Rules, 1968, shall be entitledto draw dearness allowance at such rates, andsubject to such conditions, as may be specified bythe Central Government, from time to time, inrespect of the officers of Central Civil Services, ClassI.” (emphasis supplied) From the above Rule, itwould be seen that Central Government servantsshall be entitled to draw Dearness Allowance “atsuch rates, and subject to such conditions, as maybe specified by the Central Government, from timeto time, in respect of officers of the Central CivilService, Class I”DA Arrears Loss during DA Freeze : Calculate HereThe above rule shows that the entitlement to drawDearness Allowance and Dearness Relief isdetermined by the Central Government. The samemay be specified by the Central Government fromtime to time, subject to whatever conditions theGovernment may deem fit to impose.There is no vested right in the Central GovtEmployees and Pensioners to receive higher DAand DR on Regular IntervalsThe Court finds that there is no vested right in theCentral Govt Employees and Pensioners to receivehigher DA and DR on Regular Intervals. The Highcourt Stated,“ From the above Rule, it is clear to us that, firstly,there is no statutory rule which obliges the CentralGovernment to continue to enhance the DearnessAllowance or Dearness Relief at regular intervalsi.e. to revise the same upwards from time to time.Consequently, there is no vested right in the CentralGovernment Employees, or Central GovernmentPensioners to receive higher Dearness Allowanceor Dearness Relief on regular intervals. Pertinently,by the impugned Office Memorandum, the CentralGovernment has frozen – and not withdrawn, theDearness Allowance and Dearness Relief being paidto Central Government Employees and CentralGovernment Pensioners at the time of issuance ofthe said Office Memorandum.”There is no obligation in law to disburse theincrease in DA/DR within a time bound mannerThe Delhi High Court observed that there is noobligation in Law upon central Government todisburse the increase in DA and DR within timebound manner. See the following observation,
Continued from page 14
EXTENSION OF MEDICAL SERVICES TO THEMEMEBRS AND THEIR SPOUSES OF
PENSIONERS’ ASSOCIATIONS OF ABS/SBSOF CG
On the request of Sh Suryaprakash BPS Secretaryfor statuary/ Autonomous bodies , NarayanaSuperspeciality Hospital, Gurgaon, has agreed toprovide CGHS rates on cash payment basis to all forstatuary/ Autonomous bodies beneficiaries at theirhospital at Gurgaon. E-mail received from them isreproduced hereunder for favour of information:“Dear Sir,Greetings from Narayana Health,As per our discussion and communication done byyou,we hereby agrees to provide CGHS rates on cashpayment basis to all your beneficiaries at Narayanasuper speciality Hospital, Gurugram.Patient has toshow valid identity cards to avil the benefits.We will be sharing the signed copy of consent toyou very soon. Till that time any of your beneficiarywish to avail medical services at NH Gurugram willbe taken care of.Assuring you best of patient care & support.Thanks & RegardsDevender YadavCorporate Head-Marketing Narayana Health
Mob-9873128788 ,”
BHARAT PENSIONER
June 2020
20
GOVT ORDERS
Army Battle Casualties Welfare Fund is now Armed Forces Battle Casualties Welfare Fund(AFBCWF) and Assistance revised from 2 Lakh to 8 Lakh: Notification
MINISTRY OF DEFENCE (Department of Ex-Servicemen Welfare) CORRIGENDUM NOTIFICATION NewDelhi, the 6th May, 2020 IN THE MATTER OF THE CHARITABLE ENDOWMENTS ACT,1890 AND INTHE MATTER OF ARMY BATTLE CASUALTIES WELFARE FUND (ABCWF), NEW DELHI MAY BEREAD AS (ARMED FORCES BATTLE CASUALTIES WELFARE FUND, (AFBCWF) NEW DELHIS.R.O.04(E).— In continuation of our Notification dated 17 July, 2017 S.R.O. 25(E) as amended on 25July, 2017 and published under S.R.O. No. 27(E) dated 25 July, 2017, it is intimated that the followingchanges may be done in the Notification dated 25 July 2017.3. The revised assistance will be as follows:Sl. No. Battle Casualties Existing amount Approvcd in Principal
(in lacs) Amount (in lacs)i Battle Casualties (Fatal) 2.00 8.00ii Battle Casualties (Disability 60% and above) 2.00 8.00iii Battle Casualties in valided out due to Disability 2.00 8.00iv Battle Casualties (Disability less than 60% 1.00 4.003. Since the Battle Casualties of Navy and Air Force will also be included, the nomenclature of the Fundand other relevant provisions are required to be modified, accordingly. The following changes will beeffected in the original Notification R.O. 25 (E) dated 17th July, 2017:Sl. No. Items/provisions Existing Proposed1. Heading In the matter of Army Battle In the Matter of Armed Forces
Casualties Welfare Fund, Battle Casualties Welfare Fund,New Delhi New Delhi
2. Introduction (para 1) Army Battle Casualties Welfare Armed Forces Battle CasualtiesFund, New Delhi Welfare Fund, New Delhi
3. Schedule ‘A’ Army Battle Casualties Welfare Armed Forces Battle CasualtiesFund Welfare Fund
4. Schedule ‘B’ Army Army, Navy and Air Force5. Schedule ‘B’ The scheme for the administration The scheme for the administration
of Army Battle Casualties Welfare of Armed Forces Battle CasualtiesFund (ABCWF) Welfare Fund (AFBCWF)
6. Schedule ‘B’ Para Army Battle Casualties Welfare Armed Forces Battle Casualties1-Short Title Fund (ABCWF) Welfare Fund (AFBCWF)
7. Para 2-Definitions; Army Battle Casualties WelfareFund Fund (ABCWF)
8. Para 3-Objective of the Army Army, Navy and Air ForceFund
9. Para 8-Managing Chairman: Hon’ble Raksha Mantri Chairman: Hon’ble Raksha MantriCommittee Vice Chairman: Hon’ble Raksha Vice Chairman: Hon’ble Raksha
Rajya Mantri Members: Chief of Rajya Mantri Members: Chief ofthe Army Staff Defence Secretary Defence Staff Chief of the ArmySecretary, ESW Secretary, Defence StaffFinance/FA(DS) Adjutant General Chief of the Naval Staff Chief ofMember Secretary: DDG Welfare the Air Staff Decence Secretaryin C&W Dte. AG Branch Secretary, ESW Secretary, Defence
Finance/FA(DS) Adjutant General
BHARAT PENSIONER
June 2020
21
GOVT ORDERS
Member Secretary: DDG Welfarein C&W Dte. AG Branch
10. Para 15-Procedure on Army Battle Casualties Welfare Armed Forces Battle CasualtiesReceipt of Cash Fund (ABCWF) Welfare Fund (AFBCWF)Cheque/Demand Draft/Online Transfer(sub-para(i))
11. Para 16-Disbursal of ADG, MP ADG, MP Dte. of PersonnelFinance Assistance Services, IHQ, MoD (Navy)(sub para (i)) IAFBA, Air Hqtr.
12. Para 16-Disbursal of ADG, MP ADG, MP Dte. of PersonnelFinancial Assistance Services, IHQ, MoD(Navy)(sub para (ii)) IAFBA, Air Hqtr.
13. Para 16-Disbursal of ADG, MP ADG, MP Dte. of PersonnelFinancial Assistance Services, IHQ, MoD (Navy)(sub para (ii)) IAFBA, Air Hqtr.
i Battle Casualties 2.00 8.00(Fatal)
ii Battle Casualties 2.00 8.00(Disability 60% andabove)
iii Batle Casualties 2.00 8.00invalided out due toDisability
iv Battle Casualties 1.00 4.00Disability less than 60%)
14. Para 17-Audit of ABCWF AFBCWFAccount
4. All other contents of the notification and arrangements for implementation of the Fund will remainArmy Headquarter (AG Branch) will continue to implement the scheme and organize for funds, if deficit,through CSR, as and when required.[F. No. 7(5)2016-D(Res-II) dated 6th May, 2020 ] PUDI HARI PRASAD, Jt. Secy. (ESW)
F.no 3/3/2019-NS (pt.1)Ministry of Finance
Department of Economic Affairs(Budget Division)
North Block, New DelhiOM Dated 21st May, 2020
Subject: Regarding extending of the time limit of One Month post retirement for retirees age between55 and 60 yeas to invest in Senior Citizen Savings Scheme (SCSS) The undersigned is directed to refer to DoP’s DO letter no. 79-01/2020-FS dated 01.05.2020 onabove mentioned subject.2. In view of Lockdown in the entire country, it has been decided that the individuals retired (Within theage bracket 55-60 years) on superannuation or otherwise and got retirement benefits in February 2020 orMarch 2020 or April 2020, are eligible to open the SCSS account up to 30th June, 2020.3. This issue with the approval of Secretary (Economic Affairs)Rajesh Panwar Deputy Director
BHARAT PENSIONER
June 2020
22
GOVT ORDERS
Processing of Pension Cases during COVID-19period in Ministries/Departments. Important OrderOM No 192 Dated 08th May 2020 by Fin MinController General of Accounts No. 1(17)/2015/TA-III/192 Ministry of Finance Department ofExpenditure Office of Controller General ofAccounts Dated: 8th May 2020Office MemorandumSubject: Processing of Pension cases duringCOVID-19 period in Ministries/Departments-regarding.It has been brought to the notice of this office thatfinalization of pension cases is getting delayed dueto non-receipt of physical documents at CPAO.2. All Ministries/Departments are to ensure thatthe e-PPOs supported with relevant physicaldocuments must necessarily be sent to CPAO wellin time so that the delay in Processing of pensioncases under COVID-19 period could be avoided.3. In this regard, all Pr.CCAs/CCAs/ CAs(IC) arealso requested to review the status of pension casessent to CPAO on a regular basis as well as receiptof pension cases at PAOs.(Sanjeev Shrivastava)Joint Controller General of Accounts
Grant of 3rd MACP in GP 6600/- without countingNFG as one financial upgradation: Court Case Grantof financial upgradation under MACP Scheme inthe grade pay of Rs. 6600/- without counting NFGgranted in GP 5400/- as one financial upgradationunder MACP Scheme – Court Case regarding Grantof 3rd MACP in GP 6600/- without counting NFGas one financial upgradation: Court Case regardingGrant of financial upgradation under MACPScheme in the grade pay of Rs. 6600/- withoutcounting NFG granted in GP 5400/- as one financialupgradation under MACP Scheme – Court CaseregardingF. No. A-2301 1/25/2015-Ad.HA Government ofIndia Ministry of Finance Department of RevenueCentral Board of Indirect Taxes and Customs NewDelhi, 13th May, 2020.To, All Pr. Chief Commissioner/Pr. Director Generalunder CBIC,All Chief Commissioner/DirectorGeneral under CBIC, All Pr. Commissioner/Commissioner under CBICSubject: Filing Transfer Petitions before the
Hon’ble CAT, PB, New Delhi for transferring allcases to the Hon’ble CAT, PB, New Delhi pendingbefore the different Tribunal filed bySuperintendents/Assistant Commissioner for grantof 3trd MACP in the grade pay of Rs.6600/- (pre-revised)-reg.Sir, I am directed to say that the Board have beenreceiving a number of cases filed in the differentBenches of the Hon’ble Tribunal on the issue ofgrant of 3 financial upgradation under MACPScheme to Superintendents, who were grantedNon-Functional Grade Pay in GP of Rs. 5400/- inPB-2.2. Briefly, a number of Superintendents werewrongly granted 3rd financial upgradation underMACP Scheme in the grade pay of Rs. 6600/- bymany Commissionerates without counting NFGgranted to them as one financial upgradation underMACP Scheme despite CBIC/DOPT’s earlierclarifications in the matter. This was anadministrative error by field offices and the up-gradation wrongly granted needed to bewithdrawn. Consequent upon the direction of theHon’ble High Court of Madras vide Order dated08.12.2014 in Writ Petition No. 19024 of 2014(Sh. R.Chandrasekaran Vs. UOI & Ors), the matter ofcounting of Non-Functional Grade Pay as onefinancial upgradation was again examined in theBoard in consultation with DOPT and it wasclarified vide Board’s letter F.No.A-2301 1/25/2015-Ad.IIA dated 20.06.2016 that Non-Functional GradePay of Rs. 5400/- granted to Superintendents needsto be counted as one financial upgradation for thepurpose of MACP Scheme. After issuance ofCBIC’s clarification dated F.No.A-23011/25/2015-Ad.IIA dated 20.06.2016, Commissionerates havebeen withdrawing grade pay of Rs. 6600/-erroneously granted to them. Aggrieved by thisaction, many Superintendents have filed cases invarious Tribunals.3. As the subject matter of litigation on each ofabove such cases are same and in order to have auniform decision in the matter, the proposal forfiling Transfer Petitions before the Hon’ble CAT,PB, New for transferring all such cases to theHon’ble CAT, PB, New Delhi is under considerationof the Board. In order to file transfer Petitions, allfield formations under CBIC are requested to
BHARAT PENSIONER
June 2020
23
GOVT ORDERS
furnish the latest status of such cases to the Board which pending throughout different Zones in followingformats:Sl. Bench of OA Petitioners/ Relief Whether Interim Present ConcernedNo. Tribunal No. Respondents sought Reply order if status Commissionerate
in OA filed any4. The above requisite information in the prescribed format as indicated above may be forwarded to theBoard latest by 31 May, 2020 positively.5. This issues with the approval of Chairman, CBIC.Yours faithfully,(Gaurav Shukla), Under Secretary to the Government of India--------------------------------------------------------------------------------------------------------------------------------------
Payment of leave encashment in respect of VRS-2019 optees whose Vigilance clearance is withheld BHARAT
SANCHAR NIGAM LIMITED (A Government of India Enterprise) CORPORATE OFFICE Establishment
Cell Bharat F.No: BSNLCO-EB-I/11(20)/5/2020-ESTAB Dated: 6th May, 2020 .To, All Heads of Telecom
Circles & All Heads of Other Administrative Units, Bharat Sanchar Nigam Limited
Subject: Payment of leave encashment in respect of VRS-2019 optees whose Vigilance clearance is
withheld.
I am directed to refer to the notification of BSNL Voluntary Retirement Scheme-2019 issued vide letter No.
1-15/2019-PAT(BSNL) dated 04.11.2019 and to inform that this office has received some references with
regard to withholding of amount of encashment of EL / HPL in respect of VRS-2019 optees whose Vigilance
clearance is withheld.
2. The issue of payment of leave encashment, in cases where vigilance clearance is withheld, has been
examined in consultation with EF branch of BSNL Corporate Office vis-a-vis the relevant provisions of the
BSNL VRS-2019 and Rule 39(3) of CCS(Leave) rules. It is clarified that the competent authority for sanctioning
the amount of encashment of EL / HPL is required to examine each case individually to find out whether
withheld Ex-gratia and Gratuity will be insufficient for adjustment of the amount recoverable from the
retired employee on conclusion of the disciplinary proceedings pending against him and thereby requiring
adjustment of remaining amount from leave encashment. In other words, only in such cases where the
amount recoverable exceeds the amount of gratuity and ex-gratia withheld, withholding of leave encashment
will be necessitated.
3. The authorities competent to sanction encashment of EL/HPL in respect of retired employees may,
accordingly, review all cases where leave encashment has not been released on account of withholding of
vigilance clearance in respect of retired employee. Such authority may also consult the concerned
disciplinary authority, if need be, for ascertaining the amount likely to become recoverable from the retired
employee on conclusion of disciplinary proceedings.
4. It may also be ensured that the cases for payment of pension in respect of VRS optees are sent to the
concerned CCA. Further, it may also be ensured that provisional pension is paid to the retired employee(s)
in accordance with the provisions of CCS (Pension) Rules, 1972 in respect of whom vigilance clearance has
been withheld.
This is issued with the approval of competent authority.
Yours faithfully, [Sanjeev Kumar] Asstt. General Manager (Estt.I)
BHARAT PENSIONER
June 2020
24
Rly BD NO. PC V1 /2018/R-I/1 Pt. dated 21.05.2020The General Manager, All Indian Railways andProduction Units.Sub: Grant of annual increment due on 1st July tothe employees retiring on 30th June of the year Anumber of representations are being received inthis office seeking grant of one notional incrementas due on 1st July in favour of employee retiringon 30th June before drawing the same, exclusivelyfor the purpose of pensionary benefits.2. As the Railways are aware, the annual incrementis granted to railway employees on completion oflaid down qualifying service for the purpose. Basedon the recommendations of the Sixth Central PayCommission, as accepted by the Government ofIndia, Railway Services (Revised Pay) Rules, 2008were notified on the lines of Central Civil Services(Revised Pay) Rules, 2008. As per Rule 10 of aboveRules, it was stipulated that there will be a uniformdate of annual increment, viz. 1st July of every yearand the employees completing 6 months and abovein the revised pay structure as on 1 of July will beeligible to be granted the increment. There has beenno change in the above rule / extant policy so as toenable grant of increment (notional or actual) on30th June, where it was due on the following 1stJuly.3. In the various representations being received inthis office, certain Judgments in the case of ShriAyyamperumal, an employee of Department ofRevenue are being cited. As the details of abovecourt matter and policy decision of concernednodal departments were not available in this office,the matter was referred to concerned departmentsof Government of India seeking their advice /guidelines.4. DOPT vide their O.M dated 11.11.2019 havestated that the Judgment passed in the case of ShriP. Ayyamperumal is in personam. Further, thejudgment pronounced by Hon’ble High Court ofMadras in P. Ayyamperumal case, as endorsed byHon’ble Supreme Court, is based on the decisionin the case of M. Balasubramaniam, which wasrelated to Fundamental Rules of State Govt.However Central Government employees aregoverned by Central Government Rules. Further,Hon’ble High Court of Andhra Pradesh at
Hyderabad in C. Subbarao case has inter-aliaobserved that “A person who retires on the lastworking day would not be entitled for any incrementfalling due on the next day and payable next daythereafter, because he would not answer the testsin these Rules.” A copy of DOP&T O.M dated11.11.2019 is enclosed herewith. 5. The Railways are therefore advised to take furthernecessary action to dispose off the pendingrepresentations on the issue based on aboveposition and advice of DOP&T. The pendingcourt cases may also be defended accordingly.Further, in case any clarification/inputs are requiredrelating to railway Fundamental Rules and RailwayPension Rules, Finance (Estt.) dte. may also pleasebe consulted being the nodal directorate on theseaspects. This issues with the approval of DG/HR,Railway Board.(U. K. Tiwari), Joint Director, Pay Commission-----------------------------------------------------------------Rly BD-No.E(W)2020/PS5-2/l dated 18.03.2020 TheGeneral Managers (P) All Zonal Railways &Production Units.Sub: Complaint regarding issuance of passesindicating the type of disability.Ref: Board’s letter No. E(W)2017/PS5-l/6 dated19.07.2019.Details of amendments made in the RailwayServants (Pass) Rules, 1986 (Second Edition-1993)to make it compatible with the provisions containedin the Rights of Persons with Disabilities Act-2016and the Rights of Persons with Disabilities Rules-2017, were communicated vide Board’s abovereferred letter. Specific directives, as reproducedbelow, were also issued vide Para 2 thereof:“Pass Issuing Authorities shall discontinue thepractice of mentioning the type of disability onthe passes and indicate only as “PwD”, wherevernecessary.” However, Hon’ble Court of ChiefCommissioner for Persons with. Disabilities(Divyangjan) (CCPWD) has forwarded a complaintof a retired Railway Servant wherein thecomplainant has stated that Board’s instructionsare still not followed in the Railways and enclosedphotocopies of passes issued by a Divisional PassIssuing Authority indicating therein his PwD sonas “Invalid son”. Hon’ble CCPWD has directed tolook into the matter and take appropriate action.
GOVT ORDERS
BHARAT PENSIONER
June 2020
25
Railway Board order : All official communicationthrough e-mail using only the e-mail services ofGoI 1.e. @gov.in/@nic.in domain should be usedfor all official communications GOI MOR (RailwayBoard) OFFICE ORDER NO. 42 of 2020Sub : Communication through e-mailThe Indian Railways Information andCommunication Technology (IR ICT) SecurityPolicy, 2019 details the information security policythat all IR units shall observe and follow. Section17 of the Policy defines the acceptable e-mail usagein official working in sync with the Government ofIndia’s (Gol) e-mail policy.2. In pursuance of the same, it is brought to noticeof all concerned that only the e-mail services ofGoI 1.e. @gov.in/@nic.in domain should be usedfor all official communications. This email serviceis secure with Geo-fencing feature (country-wiseaccess control). No official communication (email)should be entered into using the e-mail @ servicesprovided by other service providers.3. In order to ensure un-interrupted services andalso for security reasons, updation of current mobilenumbers under the personal profile of users ismandatory for security reasons. The number wouldbe used only for sending alerts and information, ifany, regarding security. Auto-save of password inthe e-mail service should not be resorted to forsecurity reasons. Sharing of a user’s password withothers is also strictly prohibited.4. Public Sector Enterprises, under theadministrative control of Ministry of Railways, areexpected to use their corporate email accountshosted on their servers located in India for allofficial communications.5. In order to disseminate information for all usersof IR network, a website : cert-rail.railnet.gov.in –
has been hosted which contains best practices tobe followed while using IT assets, various policydocuments of Gol including the IR ICT securitypolicy, advisories issued from time to time byvarious agencies of Gol, etc.6. In view of the foregoing, all are requested toadhere to these instructions and all officialcommunications over email should only beentertained and/or entered into through the official[@ |gov[dot]in / [@]nic[dotl]in. No.2019/RBCC/7/7/Policy ImplementationSd/-21. 05. 2020 (Rajnesh Singh) Director M.E(C&IS) Railway Board
Keeping the above in view, all the Zonal Railwaysand PUs are advised to take note of the instructionscontained in Board’s letter cited under referenceand issue necessary directives also to the PassIssuing Authorities at all levels/Units in the Railwayto sensitize them in the matter and to ensureissuance of Passes with due care and strictly inaccordance with the extant rules/instructions. V. (V. Muralidharan) Dy. Director Estt. (Welfare)-I
STAY AT HOMEAND BE SAFE
International Labour Organization InternationalLabour Standards Department (NORMES) T:+4122 799 7122 E: [email protected] R: TUR 1-33 Geneva,22 May 2020 Trade Union Centers INTUC, AITUC,HMS crru, aiutuc, tucc, SEWA, AICCTU, LPF,UTUCDear Sir/Madam,1 acknowledge receipt of your communicationdated 14 May 2020 wherein you request the ILO tointervene with the Indian authorities to urgenecessary action for the protection of workers’rights in light of measures being taken by a numberof State governments to undermine labourlegislation and international labour standards.Please allow me to assure you that the ILO Director-General has immediately intervened, expressing hisdeep concern at these recent events and appealingto the Prime Minister to send a clear message toCentral and State governments to uphold thecountry’s international commitments andencourage engagement in effective social dialogue.I shall not fail to keep you informed of anyobservations or comments that may be made bythe Indian authorities on the matters that you haveraised.Yours faithfully, For the Director-General: Sd/Karen Curtis, Chief, Freedom of AssociationBranch, International Labour StandardsDepartment
GOVT ORDERS
BHARAT PENSIONER
June 2020
26
Submission of pension claim during lock-down inrespect of Defence civilian O/o The PrincipalController of Defence Accounts (Pension),Draupadighat, Allahabad — 211014 Circular No.C-208 No.G1/C/MISC/Vol-X/Tech O/o the PCDA (P),Allahabad Dated: 18/05/2020 To, (All HODs underMin. of Defence)Sub:- Submission of pension claim during lock-down in respect of Defence civilian.Ref:- This office circular No. C-207 dated 03/04/2020.Relaxation given under above referred circular no.C-207 is further extended till 31/05/2020.Accordingly, superannuation/retiring pensionclaim where date of retirement is on or before31.05.2020 and all death cases pension claim mayalso be forwarded as a soft copy i.e. scanned copyto PCDA (Pension) Allahabad email address cda-albd[at]nic.in. While forwarding scanned copy ofpension claims following points may be kept inview:-a. Duly completed scan copy of LPC-cum-Datasheetshould be supported with scan copies ofsupporting documents.b. Scan copy of claim should be in PDF format.c. Claims where date of retirement is after 31.05.2020will not be entertained.d. Claims should be forwarded only through officialemail id which is registered for HOO CODE.e. Subject of email will be “ Pension claim- G1/Civil/Pensioner name/Date of Retirement”f. This arrangement is optional for those Head ofOffices, who are not in position to forward pensionclaim in hard copy during lockdown.2. In view of the above, you are requested to issuesuitable instructions (along with copy of thiscircular) to all the Head of the Offices under youradministrative control to ensure the submission ofpension claim as stated above.Sd/- (Navpreet Kaur) Jt. CDA (P)
Cashless Treatment COVID-19 Testing andconservative management: Advisory to EmpanelledHCOs under ECHS. 8/49770/AG/ECHS/treatment/Policy 14 May 2020 (All Regional Centres)ADVISORY TO EMPANELLED HCOs UNDERECHS : CASH LESS TREATMENT COVID-19TESTING AND CONSERVATIVE MANAGEMENT
1. Please ref the fwg –(a) CO ECHS letter No B/49770/AG/ECHS/treatment/Policy dt 21 Apr 2020.(b) Min of Health & Family Welfare OfficeMemorandum No S-11011/ 20/ CGHS ADDG/2020dt 21 Apr 2020.2. It has been observed that there has been a rise inclientele dissatisfaction as the empanelledhospitals are charging the ECHS beneficiaries incash for COVID-19 testing if advised by Dr/ beforeadmission or surgery, despite of issuing clearinstruct1ons vide this HQ letter mentioned in Para1(a) above that the charges for COVID-19 testingshould not be levied in cash from ECHSbeneficiaries. It 1s again reiterated that the servicewill be rendered cashless by the empanelledhospitals and included in the hospital bills, failingwhich it will be considered as level-I violation asper Para 5 (a) (iii) and action will be taken as perPara 6 to 11 of CO ECHS letter No 8/49717-C/AG/ECHS dt 04 Dec 2019.3. The Health Care Organisations (HCOs)empanelled under ECHS shall treat ECHSbeneficiaries at CGHS rates of conservativemanagement for COVID-19 and raise the bill onitems wise calculation of expenditure. They shallfollow the guidelines/protocols issued by Ministryof Health & Family Welfare on the subject. Theseguidelines are available on the website ofMoH&FW at http://mohfw gov.in.4 It is also clarified that CGHS rate for COVID-19infection test shall be as per the rate prescribed byMoH&FW which shall be treated as CGHS rate.The bill for all such investigations will beadmissible at CGHS rates. The HCOs shall alsoinform the Dir RC concerned of the provisions madeby the hospital for the treatment of COVID-195. This has the approval of MD ECHS(Anuparn N Adhaulia), Col Dir (Med) for MD ECHS
ECHS Guidelines and form for claimingreimbursement of medicines purchased from 23 Mar2020 onwards for lockdown period due toCoronavirus COVID-19 pandemic ECHS AdjutantGeneral’s Branch Integrated HeadquartersMinistry of Defence (Army) B/49761/AG/ECHS/Medicine Policy 14 May 2020 IHQ of MoD (Navy)/Dir ECHS (N) All HQ Command (A/ECHS),AMA
GOVT. ORDER/ECHS
BHARAT PENSIONER
June 2020
27
ECHS, Embassy of India, Nepal, All RegionalCentres Guidelines for Claiming Reimbursement ofMedicines Purchased from 23 March 2020 Onwards1. Please ref the fwg -:-(a) CO ECHS letter No B/49762/AG/ECHS/MedicinePolicy dt 08 Apr 2019.(b) CO ECHS letter No B/49761/AG/ECHS/Medicine Policy dt 27 Apr 2020.(c) COECHS letter No B/49761/AG/ECHS dt 23 Mar2020.(d) COECHS letter No B/49761/AG/ECHS/Medicinedt 24 Apr 2020.(e) COECHS letter No B/49761/AG/ECHS/Medicinedt 28 Apr 20202. Though the lockdown may be lifted after 31 May2020 in a gradual manner, in view of the prevalentsituation, it is critical to ensure minimum footfall atthe Polyclinic to mitigate spread of virus.3. In view of the above, provisions have beengranted to purchase life style/ chronic diseasesmedicines and claim reimbursement by veteranstill 31 May 2020. Individual medicinesreimbursement bills are normally handed overphysically to OIC Polyclinic for processing forpayment. However to minimise/ stream line footfallat Polyclinics, provision to upload bills online orsend by Registered Post may be resorted to.Beneficiaries may be advised to follow one of thethree methods elucidated in succeeding paras forreimbursement of claim amount with immediateeffect :-(a) Online Submission.(i) Veterans may submit claims online throughdesignated email to OIC Polyclinic A separate mailID may be created by OsIC PC. if required for thepurpose and informed to veterans.(ii) The scanned copies of last prescription held,bill, ECHS card, contingent bill (as per Appx ‘A’ tothis letter) and copy of cancelled cheque /first pageof passbook should be attached as file (s) with theemail.(iii) All Veterans will mention their completeresidential address and tele/ mobile No.(iv) OIC Polyclinic will ack the receipt of mail andseek any further Clarification if required.(v) The veterans will however submit all originaldocuments (for audit) after the lockdown is lifted
by dates to be stipulated later. Non depositing ofall the original documents by stipulated date willinvite recovery of money.(b) Veterans who are not able to upload the claimonline may send all the above documents (bill andcontingent bill in original) alongwith their callingNo/whatsapp No and residential address to OICPolyclinic through “Registered Post withAcknowledgement Due (AD) Card”. They shouldkeep a photocopy of all documents with them. OICPolyclinics will process the bills for payment asper existing orders.(c) The veterans who are not able to send the onlineclaim or by Regd Post for reimbursement shallsubmit their bills physically after 15 Jun 2020.Specific dates on which veterans could come tosubmit claims will be coordinated by OIC Polyclinicthrough tele, email or whatsapp.(d) OsiC Polyclinics will process the bills (submittedonline) digitally duly authenticated by DSC onlineand for rest of bills as per procedure explained inour letter at Para 1(a) & (b) above. RC will makenecessary payment, without waiting for physicalcopies. Physical copies (for bills submitted online)will be fwd once situation stabilizes for auditpurpose.4. This has the approval of MD ECHS.(Anupam N Adhaulia) Col Dir (Med) for MD ECHS
Min. of Health & Family Welfare DirectorateGeneral of CGHS 545-A Nirman Bhawan, New Delhi.Dtd the 29th May, 2020OFFICE ORDERSubject: Extension of Validity of CGHS Card in viewof the Corona Virus (COVID-19) InfectionIn view of the Corona Virus Disease(COVID-19),all out efforts are made by the Government tocontain its impact by instituting measures atcommunity as well as at individual level. Guidelinesfor maintaining social distancing betweenindividuals have already been issued by theGovernment.2. In the spirit of above guidelines, the undersignedis directed to draw kind attention to the Office Orderof even number dated 1.4.2020 and 27.04.2020 vide
ECHS
BHARAT PENSIONER
June 2020
28
which the validity of CGHS Cards expiring on 31stMarch 2020 and thereafter has been extended inrespect of CGHS pensioner beneficiariescontributing on annual basis and CentralGovernment serving employees superannuating on31.03.2020 and thereafter as per the details givenunder:i. In case of CGHS pensioner beneficiaries, whocontribute the subscription on annual basis andwhose CGHS cards are valid till 31st March 2020and thereafter , the validity period shall beextended till 31st July 2020 in the Data Base, by theAdditional Directors City/ HQ (in Delhi) on thebasis of request received over e-mail from suchbeneficiaries. A paper print-out may be signed andscanned copy of the same shall be sent to thebeneficiary by e-mail , with a direction to submitthe relevant documents and subscription before31st July 2020.ii. Similarly, if a request is received by e-mail fromserving employees, who superannuated on31.03.2020 and thereafter and are not in receipt ofPPO, the CGHS Card may be converted aspensioner CGHS Card and validity period extendedto 31St July 2020. A paper print-out may be signedand scanned copy of the same shall be sent to thebeneficiary by e-mail with a direction to submit therelevant documents and subscription before 31stJuly 2020. Additional Director City/ HQ (in Delhi)will verify the date of superannuation from CGHSdatabase before processing the request. If a GovtServant superannuating on 31.03.20 and thereafterwas not a member of CGHS during service then hewill have to submit a proof of superannuation.iii. The period of extension will be included whenthe card validity is regularized on depositing thesubscription (including the subscription for theextended period).iv. That these relaxations are being made to helpthe CGHS beneficiaries in view of extraordinaryconditions due to COVID 19 and will not be citedas a precedence in future.(Dr. Sanjay Jain) Director, CGHS
Z 15025/12/2020/DIR/CGHS Government of India
Ministry of Health & Family Welfare Directorate
General of CGHS N Dated the 29th May, 2020.
OFFICE MEMORANDUM
Sub: Reimbursement of cost of OPD Medicines:
Special Sanction in view of COVID-19- till 31st July
2020-regarding
In view of the Corona Virus Disease(COVID-19),
all out efforts are made by the Government to
contain its impact by instituting measures at
community as well as at individual level.
2. In this regard the undersigned is directed to draw
attention is the OM of even number dated
27.03.2020 and 29.04.2020 vide which an option has
been provided to CGHS beneficiaries getting
medicines for Chronic diseases, to purchase
medicines based on the prescription held
(prescribed by CGHS Medical Officers/CGHS
Specialists/other Govt. Specialists/Specialist of
empanelled hospital) till 31st May 2020, irrespective
of Non-Availability certificate from CGHS or
otherwise. However, several representations are
received in the Ministry seeking extension of the
period in view of the continued ‘Lock Down’.
The matter has been reviewed by the Ministry it is
now decided that CGHS beneficiaries getting
medicines for Chronic diseases shall be permitted
to purchase medicines based on the prescription
held (prescribed by CGHS Medical Officers/CGHS
Specialists/other Govt. Specialists/Specialist of
empanelled hospital) till 31st July 2020 on the same
conditions as per the earlier OM dated 27.03.2020.
It is also clarified that the CGHS Wellness Centres
are functional and CGHS beneficiaries also have
the option to collect medicines through CGHS
Wellness Centres as per normal practice, instead
of purchasing from market.
Issued with the approval of Integrated Finance
Division, MoHFW vide CD No 430 dated
29.05.2020.
Sd/- (Dr. Sanjay Jain) Director, CGHS
CGHS
BHARAT PENSIONER
June 2020
29
OM S-11011/09/2019/ Addl. DDG(HQ)/CGHS GoI M/oH& F W -DOH & F W Dated the 3rd June , 2020.Sub: Notification of CGHS rates for 25 Investigations-
With reference to the above mentioned subject the undersigned is directed to draw attention to theOffice Memorandum No S 11045/36/2012-CGHS(HEC) dated 01.10.2014 vide which CGHS package rates forvarious treatment procedures and investigations were notified by the Government for Health CareOrganizations (HCOs) empanelled under CGHS and refer to the OM of even number dated 14.01.2020 videwhich CGHS rates have been notified for 15 investigations and procedures and to state that it is nowdecided to notify CGHS package rates rates for another 25 investigations and their inclusion in CGHS ratelist as per the details given under:as per the details given under:S.No Name of the investigation Recommended Rates in Rupees1. Anti-smooth muscle antibody test(ASMA) 1460/-2. C ANCA-IFA 1500/-3. p ANCA-IFA 1500/-4. ACE 1000/-5. EBUS(Endo Brachial Ultrsound) - TBNA (Using New Needle) 18370/-6. ENA (Quantitative) 4600/-7. Chromogranine A 5000/-8. Fecal Calprotectin 2730/-9. C3-COMPLEMENT 650/-10. C4-COMPLEMENT 650/-11. Geneexpert test 1035/-12. DJ- stent removal 8700/-13. PFT /(spirometry with DLCO) 500/-14. EUS (Endoscopic Ultrasound) guided FNAC
(Using New Needle) 15000/-15. CT Urography 4500/-16. Video Laryngoscopy 6000/-17. CT Angio-Neck vessels 6000/-18. H1 N1 (RT-PCR) 1084/-19. Erythropoietin level 2000/-20. Anti HEV IgM 1000/-21. anti HAV IgM 750/-22. HbsAg quantitative 650/-23. Typhidot IgM 400/-24. Hepatitis B Core AntibodyHBcAB level
(Hepatitis B Core IgM antibody) 480/-25. Anti Hbs 650/-2. The rates for investigations from S.No 1 to S No. 25 are for NABL/ -NABH accredited3. The rates for non- NABL/ non- NABH Accredited HCOs shall be 15% less. These rates come intoforce from the date of issue.4. This issues with the concurrence of Integrated Finance Division of Ministry of Health & FamilyWelfare5. This issues with the concurrence of Integrated Finance Division of Ministry of Health ide CD No460 dated 02/06/2020.(Dr. Sanjay Jain ) Director, CGHS Continued to page 47 RH Colmn
CGHS
C
BHARAT PENSIONER
June 2020
30
IN THE HIGH COURT AT CALCUTTAConstitutional Writ Jurisdiction Appellate Side
W.P.S.T. No. 45 of 2017 Confederation of State Government Employees, West Bengal & Ors.Vs TheState of West Bengal & Ors.
Ld. Senior Advocate, Mr. Firdous Samim Heard on : 15/01/2018, 16/01/2018, 17/01/2018, 18/01/2018, 29/01/2018, 30/01/2018, 31/01/2018, 05/02/2018, 06/02/2018, 13/02/2018, 05/06/2018, 07/06/2018, 03/07/2018, 10/07/2018, 17/07/2018, 19/07/2018 & 24/07/2018 Judgment on: 31/08/2018 Debasish Kar Gupta , J. :1. This Writ Application is filed against a final order dated February 16, 2017, passed by the West BengalAdministrative Tribunal dismissing the Original Application.2. The above Original Application was filled by the applicants/writ petitioners before the learned Tribunalseeking following reliefs:-“(a) A direction upon the respondents authorities to forthwith release the 50% dearness allowances whichis due upto January, 2006 immediately within a period of 1 (one) month from the date of receiving of theorder;(b) A direction upon the respondent authorities to immediately comply with the report and therecommendations of the 5th Pay Commission Report positively and without fail within a period of 1 (one)month from the communication of the order;(c) A direction upon the respondent authorities to release the 50% of dearness allowances as the StateGovernment without releasing the 50% dearness allowances for mere eye-wash set up a 6th Pay Commissionwho recommended for 10% interim relief upon the basic pay. But no whisper about due 50% dearnessallowances and unless the court intervenes into it there may be every possibility of forfeiture of that 50%due dearness allowances which is the penultimate goal and gain of the State Government and the applicantswill suffer irreparable loss and injury;(d) The applicants pray for relief order directing the respondent authorities to grant 50% of the DearnessAllowances as that of the Central Government with arrear up to January, 2016 within a period of two weeksfrom the date of order;(e) Costs pertaining to this application and incidental thereto;(f) Such other further order or orders as Your Lordships may deem fit and proper.”3. The learned Tribunal arrived at the following findings at the time of dismissing the original application:-(i) Payment of Dearness Allowance to the employees of the Government of West Bengal was absoluteprerogative falling with the discretionary domain of the Employer (read the State Government) and inactionand/ or refusal on the part of former cannot result in denial of an accrued right of the Employee for gettingDearness Allowance;(ii) Though part of the recommendation of 5th Pay Commission might have been acted upon, it did notentail that as a necessary corollary the same had to be carried out to its logical conclusion;(iii) The issue of discrimination in the matter of payment of Dearness Allowance to the Employees of theState of West Bengal with their counterparts serving in Banga Bhawan at New Delhi and in Youth Hostelat Chennai including the Employees of West Bengal State Electricity Development Corporation, could notbe grappled and no analogy on the basis of the same could be derived in this context.4. Necessary to point out that considering the submission made by the learned counsel appearing for theState respondents to admit the original application and to permit them to file reply to the same, the learnedTribunal was of the view that keeping the matter hanging for reply would serve no purpose as the issuewas otherwise apparent and settled or in other words, according to the learned Tribunal, waiting for Replyupon admission would have been bringing Cinderella to ball.5. It is submitted by Mr. Sardar Amjad Ali, learned Senior Advocate appearing on behalf of the petitioners,that the 5th Pay Commission was constituted by the State Government for recommending the revised pay
JUDGEMENT
BHARAT PENSIONER
June 2020
31
structure of the State Government employees covering the issues relating to Dearness Allowance, MedicalAllowance, House Rent Allowance and Non Practicing Allowance. According to Mr. Ali, the need forpayment of Dearness Allowance so as to protect the loss of the Government employees caused byunabated pressure of inflation in the economy was dealt with in Chapter 10 of the report dated February 12,2009, submitted by the above Pay Commission.6. Drawing our attention towards paragraph 10.3 of the above report, it is submitted by Mr. Ali thataccording to the observation made by the Pay Commission the principle followed by the Government ofIndia in the matter of calculation of the quantum of each instalments of Dearness Allowance had beenfollowed by the State Government since April 1, 1979. According to Mr. Ali, the time lag in actual paymentand when the same was payable, which did not include any arrears, was also taken into consideration bythe Pay Commission in paragraph 10.3 of the above report. It is further contended by him that the majorgrievance of most of the associations of employees was non-payment of Dearness Allowance instalmentsin time, which was payable twice in a year. It was also taken into consideration by the Pay Commission inits observation made in paragraph 10.4 of the above report.7. Drawing our further attention towards the recommendation made in paragraph 10.6 of the above reportit is submitted by Mr. Ali that the Pay Commission recommended to clear the backlog of the DearnessAllowance which had been sanctioned by the Government of India with effect from July 1, 2008 and thento fall in the line of Central Government pattern of sanctioning two instalments of Dearness Allowanceeach year. It is also submitted by him that the Pay Commission recommended the aforesaid course ofaction in order to mitigate a long standing grievance of almost all the State Government employees.8. The next contention of Mr. Ali is that while acting on the basis of the above recommendation of the PayCommission, the State Government framed West Bengal Services (Revision of Pay and Allowance) Rule,2009 (hereinafter referred to as the ROPA Rules, 2009) in exercise of power conferred by proviso to Article309 of the Constitution of India. Our attentions have been drawn towards the provision of sub-paragraph(c) of paragraph 3 of the said ROPA Rules, 2009 to submit that the “existing emoluments” was defined asthe ground of following components:-(i) existing basic pay,(ii) dearness pay appropriate to the basic pay, and(iii) dearness allowance appropriate to the basic pay plus dearness pay at index average 536 (1982=100).9. According to Mr. Ali, the State Government accepted the recommendation of the Pay Commissionrelating to payment of Dearness Allowance to the State Government employees by incorporating theDearness Allowance as a component of the “existing emoluments” while revising their pay structures byframing the said ROPA Rule, 2009.10. In order to substantiate the above submission, Mr. Ali referred to paragraph 10 of the memorandumno.1691-F dated February 23, 2009 issued by the Government of West Bengal, Finance Department, AuditBranch. According to the above provision, consequent upon revision of pay of Government employees inaccordance with the said ROPA Rule, 2009, the Dearness Allowance to which a Government employee wasentitled from time to time since January 1, 2006 needed to be related to pay in the revised pay structure.11. Reference is also made by Mr. Ali to the memorandum no.1692-F dated February 23, 2009 issued by theGovernment of West Bengal, Finance Department, Audit Branch, to submit that the above memorandumwas issued to relate the Dearness Allowance admissible to a Government employee to his basic pay in therevised pay structure in the case he had been elected or had been deemed to be elected to draw in revisedpay structure prescribed under the said ROPA Rules, 2009.12. He relies on Paragraph 2 of the above memorandum which referred to Rule 12 of the said ROPA Rules,2009 to repeat and reiterate that no arrears of pay and allowances to which any Government employeemight be entitled in respect of the period from January 1, 2006 to March 31, 2008, should be paid to the
JUDGEMENT
BHARAT PENSIONER
June 2020
32
Government employee. The Dearness Allowance admissible to a Government employee needs to be relatedto his pay in the revised pay structure with effect from April 1, 2008.13. In paragraph 3 of the above memorandum rates of Dearness Allowance per month on basic pay wasprescribed for the period from April 1, 2009.14. According to paragraph 5 of the above memorandum “basic pay” for the purpose of calculation ofDearness Allowance should mean the Pay drawn in the revised pay band including the Grade Pay andNPA, where admissible, but should not include any other type(s) of pay for those employees who hadbeen elected or deemed to be elected to draw pay in the revised pay structure prescribed under the saidROPA Rules, 2009.15. It is the contention of Mr. Ali that the right of the State Government employees to get DearnessAllowance has been recognized by framing the said ROPA Rules, 2009 in exercise of power conferred on itby the proviso to Article 309 of the Constitution of India read with memorandum nos.1691-F and 1692-Fdated February 23, 2009 issued by the Government of West Bengal Finance Department, Audit Branch.According to Mr. Ali, the learned Tribunal did not consider the aforesaid provisions at all while dislodgingthe claim of the members of the petitioners’ association of Dearness Allowance as a matter of right.16. The next contention of Mr. Ali is that the right of the members of the petitioners’ association to getDearness Allowance at par with that of the Central Government employee flows from the action on the partof the State Government to pay a group of State Government employees working for gain in Banga Bhawanat New Delhi and in Youth Hostel at Chennai. According to Mr. Ali, it is not open for the State Governmentto pay Dearness Allowance at differential rates on the basis of the situs of discharging their duties. It isfurther added that the Central Government employees have been getting Dearness Allowance at the samerate prescribed for them for all over the country. According to Mr. Ali, the learned Tribunal was wrong inarriving at a conclusion that when no right had been conferred upon the State Government employees toget Dearness Allowance, adjudication of the issue of hostile discrimination in between the State Governmentemployees discharging functions in different States did not require any consideration in course of thejudicial review.17. The above submissions made on behalf of the petitioners are repeated and reiterated by Mr. BikashRanjan Bhattacharya, learned Senior Advocate appearing on behalf of the added respondent no.2A whohas been working for gain under the State Government in the Finance Department.18. The contention of Mr. Bhattacharya that the service of a State Government employee is a status whichis guided by different statutory provisions. Therefore, once the said ROPA Rules, 2009 has been framed bythe State Government in exercise of power conferred under proviso to Article 309 of the Constitution ofIndia, it is not open for the State Government to deny the rights which have been conferred upon the StateGovernment employees by virtue of the said ROPA Rules, 2009 read with clarificatory memorandum nos.1691-F and 1692-F dated February 23, 2009 issued by the Government of West Bengal Finance Department,Audit Branch.19. According to Mr. Bhattacharya, the learned Tribunal acted mechanically to adjudicate the issue ofpayment of Dearness Allowance to the State Government employees discussing the law in general insteadof entering into the area of controversy relating to the aforesaid rules framed by the State Government inexercise of powers conferred on it by the Constitution under proviso to Article 309 of the Constitution ofIndia read with the aforesaid clarificatory notes dated February 23, 2009.20. It is the contention of Mr. Bhattacharya that the State Government took the aid of the All India PriceIndex average while fixing the initial pay of the State Government employees in the revised pay structureunder the provisions of proviso to Rule 7 of the said ROPA Rules, 2009. Therefore, the consideration of AllIndia Price Index should not have been lost sight of by the learned Tribunal while passing the final orderimpugned to this writ application.21. It is further contented by Mr. Bhattacharya that the provisions of paragraph 10 of the clarificatory
JUDGEMENT
BHARAT PENSIONER
June 2020
33
JUDGEMENT
memorandum no.1691-F dated February 23, 2009 issued by the Government of West Bengal FinanceDepartment, Audit Branch recognizes the right of the Government employee to get the Dearness Allowance.Mr. Bhattacharya harped upon the phrase “the Dearness Allowance to which the Government employee isentitled from time to time since January 1, 2006 needs to be related to pay in revised pay structure”, whichhas been incorporated in the aforesaid paragraph containing that necessary Government order in thisregard has been issued by Finance Department memorandum no.1692-F dated February 23, 2009. Accordingto Mr. Bhattacharya, there was no reflection of consideration of the above provision in the final orderimpugned to this writ application.22. It is the next contention by Mr. Bhattacharya that the payment of arrear Dearness Allowance from April1, 2008 has been recognized under paragraph 12 of the said ROPA Rules, 2009. According to him, in theclarificatory memorandum no.1692-F dated February 23, 2009, paragraph 3 prescribes the right of paymentof Dearness Allowance to the State Government employees not only in respect of arrears but also for theperiods from April 1, 2008 till April 1, 2009 and onwards. According to Mr. Bhattacharya, no furtherdocument was required to be placed before the learned Tribunal to substantiate the claim of the StateGovernment employees to get Dearness Allowance from the State Government as a matter of right.23. It is submitted by Mr. Bhattacharya in order to substantiate the claim of the State Government employeesto get the Dearness Allowance at a rate at par with the Central Government employees, that such a claimwas required to be taken into consideration by the learned Tribunal for the purpose of removing thearbitrariness on the part of the State Government to pay Dearness Allowance to the counter parts of theState Government employees who have been discharging their functions in Banga Bhawan at New Delhiand in Youth Hostel at Chennai and enjoying Dearness Allowance at a rate at par with the Central Governmentemployee. According to Mr. Bhattacharya, the learned Tribunal did not even take the pain of finding outthe reasonableness for such hostile discrimination while arriving at a conclusion theoretically that theclaim of Dearness Allowance by the State Government employee was not based on a legally enforceableright.24. The above submission made on behalf of the petitioners and the respondent no.2A are vividly opposedby Mr. Kishore Dutta, learned Advocate General, West Bengal. According to him, the finding of thelearned Tribunal was that the claim of Dearness Allowance by the State Government employees was notbased upon any legally enforceable right. According to him, the pre-revised scale of pay of the StateGovernment employees has been transformed to pay band scale and Grade Pay by virtue of the said ROPARules, 2009. According to the learned Advocate General, after initial fixation of pay under the said ROPARules, 2009, no formula exists for fixation of Dearness Allowance payable to the State Government employeesfor the subsequent period. No prayer was made before the learned Tribunal in the original application forfixation of rate of Dearness Allowance in future.25. Drawing our attention towards the prayers made in the original application, it is contended by thelearned Advocate General that implementation of the recommendation of 5th Pay Commission was theprayer before the learned Tribunal. According to him, mere recommendation made by the 5th Pay Commissiondoes not confer any legally enforceable right on the State Government employees to claim DearnessAllowance at a particular rate or in other words at a rate at par with the Dearness Allowance paid to theCentral Government employees.26. It is also contended by the learned Advocate General that after accepting the provisions of the saidROPA Rules, 2009, so far as the revision of pay and allowances of the State Government employees areconcerned, it is not open for them to turn around for claiming such benefit which is not incorporated in thesaid ROPA Rules, 2009.27. Drawing our attentions towards the statements made in paragraph 15 of the affidavit-in-oppositionaffirmed on behalf of the respondent nos.1 and 2, it is submitted that the payment of Dearness Allowanceto the State Government employees working in Banga Bhawan at New Delhi as also in Youth Hostel at
BHARAT PENSIONER
June 2020
34
JUDGEMENT
Chennai at a higher rate is based on the situs of discharging their duties. According to him, the StateGovernment employees who are discharging their duties outside Kolkata are not affected by inflation inthe same manner as the employees present in Kolkata. It is further contended by him that such aclassification is reasonable and does not deserve consideration in course of judicial review on the groundof infringement of the right guaranteed under Article 14 of the Constitution of India.28. It is further repeated and reiterated by the learned Advocate General after accepting the DearnessAllowance at a rate decided by the State Government, it is not open for the State Government employeesapplying the doctrine of waiver.29. Reliance is placed by learned Advocate General on the decisions of The State of Madhya Pradesh vs.G.C. Mandawar, reported in AIR 1954 SC 493, Vinaya Krishna Sinha & Ors. vs. Union of India (UOI) &others, reported in (2001) 10 SCC 565, Secretary Mahatma Gandhi Mission & Ors. vs. Bhartiya KamgarSena & Ors., reported in (2017) 4 SCC 449, State of Punjub & Ors. vs. Amar Nath Goyal & Ors., reported in(2005) 6 SCC 754, , Association of WB Secretariat Assistants & Anr. vs. The State of W.B. & Ors., reportedin (2006) 3 CAL LT 77 and K.D. Baherji vs. Life Insurance Corporation of India, reported in AIR 1961 Cal 285in support of his above submissions.30. We have heard the learned Counsels appearing for the respective parties at length and we have givenour anxious considerations to the facts and circumstances of this case.31. Before entering into the issues involved in this writ application, it will be profitable to recollect thesettled principles of law relating to the relationship in between the Government and its employees, namelypublic servants, right of government employees to get remuneration, introduction of the concept ofpayment of Dearness Allowance to the government employees and mode of performing the function offixing and revising the remuneration of the government employees by the Government which are asfollows:- Relationship between the Government and its employees, namely public servants :-32. According to the settled principle of law, the origin of public services is in contract. Once such anemployee enters service he attains a status and the terms and conditions of an employee in public servicesare normally guided by Statutory Rules, Instructions or Circulars issued from time to time. Reference maybe made to the decision of Roshan Lal Tandon vs. Union of India, reported in AIR 1969 SC 1889. Therelevant portion of the above judgement is quoted below:-6. . . . . . . . It is true that the origin of Government service is contractual. There is an offer and acceptancein every case. But once appointed to his post or office the Government servant acquires a status and hisrights and obligations are no longer determined by consent of both parties, but by statute or statutoryrules which may be framed and altered unilaterally by the Government. In other words, the legal positionof a Government servant is more one of status than of contract. . . . . . . .(Emphasis supplied)33. The aforesaid Statutory Rules or Instructions or Circulars are usually incorporated in the relevant orderof appointment. However, in absence of such express incorporation, the public authority and the publicservant are necessarily bound by such Statutory Rules or Administrative Instructions or Circulars byreason of the nature of relationship between the employer and the employee.34. Noteworthy, it is now well settled by reason of the decision in Central Inland Water Transport CorporationVs. Brojo Nath Ganguly, reported in (1986) 3 SCC 156, that the terms and conditions of employees, whethercontained in order of employment expressly or in it by reference, must not be unfair and unconscionable.The relevant portion of the above decision is quoted below:-110. We would like to observe here that as the definition of the “the State” in Article 12 is for the purposesof both Part III and Part IV of the Constitution, State actions of the instrumentalities and agencies of theState, must not only be in conformity with the Fundamental Rights guaranteed by Part III but must also bein accordance with the Directive Principles of State Policy prescribed by Part IV.Clause (a) of Article39 provides that the State shall, in particular, direct its policy towards “securing that the citizens, men and
BHARAT PENSIONER
June 2020
35
......................
JUDGEMENT
women, equally have the right to adequate means of livelihood”. Article 41 requires the State, within thelimits of its economic capacity and development, to “make effective provision for securing the right towork”. An adequate means of livelihood cannot be secured to the citizens by taking away without anyreason the means of livelihood. The mode of making “effective provision for securing the right to work”cannot be by giving employment to a person and then without any reason throwing him out of employment.The action of an instrumentality or agency of the State, if it frames a service rule such as clause (i) of Rule9 or a rule analogous thereto would, therefore, not only be violative of Article 14 but would also becontrary to the Directive Principles of State Policy contained in clause (a) of Article 39 and in Article 41.”(Emphasis supplied)35. The above view has been approved by majority of a Constitution Bench of the Apex Court in DelhiTransport Corporation Vs. D.T.C. Majdoor Congress, reported in 1991 Supp (1) SCC 600, and the relevantportion of the above decision is quoted below:-231. The employment under the public undertakings is a public employment and a public property. It is notonly the undertakings but also the society which has a stake in their proper and efficient working. Bothdiscipline and devotion are necessary for efficiency. To ensure both, the service conditions of those whowork for them must be encouraging, certain and secured, and not vague and whimsical. With capriciousservice conditions, both discipline and devotion are endangered, and efficiency is impaired.232. The right to life includes right to livelihood. The right to livelihood therefore cannot hang on to thefancies of individuals in authority. The employment is not a bounty from them nor can its survival be attheir mercy. Income is the foundation of many fundamental rights and when work is the sole source ofincome, the right to work becomes as much fundamental. Fundamental rights can ill-afford to be consignedto the limbo of undefined premises and uncertain applications. That will be a mockery of them.(Emphasis supplied) Right of government employees to get remuneration :-36. As discussed hereinbefore, though the origin of public services is in contract, once an employee enterspublic service he attains a status. As a consequence of its original contractual character, fulfillment of well-known legal incidents are indispensable parts of public employment in order to constitute an enforceablecontract. Consideration is one of the essential ingredient of an enforceable contract. In case of publicservices, the service rendered by an employee is the consideration moving from the employee to theemployer, i.e. the State, and the remuneration payable to him for rendering such service constitutes theconsideration moving from the employer to the employee. It was held by the Apex Court in this context inThe State of Maharashtra Vs. Bhaishankar Avalram Joshi, reported in (1969) 1 SCC 804, that the liability topay remuneration to a public servant arises out of contract and the relevant portion of the above decisionis quoted below:-14. It may be that these observations are not conclusive on the point under consideration. It seems to us,however, that some elements of relationship between a public servant and Government are based oncontract within the meaning of Section 60 of the Bombay Reorganisation Act, 1960. In particular, theliability to pay salary, when it has been fixed, arises out of a contract to pay salary.37. I am pursued by the well-reasoned observation of a Division Bench of Bombay High Court (AurangabadBench) in Naseera Begum Vs. Syed Habibur Reheman, reported in (1995) II LLJ 462 (Bom) (DB), thatthough the right to remuneration arises out of contract, it assumes the character of tangible movableproperty when it accrues and become due.12.. . . . . . .‘“movable property’ shall mean property of every description, except immovable property.It, therefore, includes not only tangible corporeal movable property, but also the intangible movable suchas a right to receive salary and wages from an employer.”Introduction of the concept of payment of Dearness Allowance to the government employees :-38. The remuneration which an employee in public services earns during the currency of his employment
BHARAT PENSIONER
June 2020
36
JUDGEMENT JUDGEMENT
is commonly referred to as ‘Pay’ which includes Allowances. According to Concise Oxford EnglishDictionary, South Asia Edition (at page 1052), the word ‘Pay’ in relation to services means money due forwork.39. In India, the word ‘Pay’ in relation to public services has a technical connotation of its own dependingupon the provisions providing for the same and the contextual interpretation thereof. It is evident from thedefinition of ‘Pay’ contained in various Service Rules that these definitions have certain commoncharacteristics.40. Under most of those service Rules, Dearness Allowance is basically a component of ‘Pay’ which is afixed percentage of basic pay, aimed at hedging the impact of inflation.41. In the year 1939, the World War-II engulfed the world which completely overhauled the consumerpattern and prices of essential commodities.42. Dearness Allowance was introduced to meet increase in the cost of living which was initially known as“Food Allowance”. It is a concept peculiar to India, Ceylon, Pakistan and Bangladesh. While dealing withthe concept of Dearness Allowance to find out neutralisation formula for industrial workers in HindustanLever Limited Vs. Hindustan Lever Employees Union & Ors., reported in 1995 AIR (SCW) 602, the ApexCourt observed as follows:-“11. The concept of dearness allowance, the second most important element in a worker’s wage-plan nextto the basic wage, was introduced during the second world war to meet the increase in the cost of livingcaused by inflation. It was either linked to the cost of living index or was given by way of flat increases.When linked to the former, it was granted to all the income groups at a flat rate or was graded on a scaleadmissible to different income groups diminishing with rise in income. Basically, the concept of dearnessallowance was designed to combat inflation and protect real wages and therefore it would appear thatthere should be cent per cent neutralization. This is a concept peculiar to India, Ceylon, Pakistan andBangladesh.” . . . . . . .(Emphasis supplied)43. After introduction of ‘variable Dearness Allowance’, the allowance comes at a revisional rate at aperiodical interval for the Central Government employees and the State Government employees, the changednew rate is calculated taking into consideration the increase or decrease in the ‘Consumer Price Index’(hereinafter referred to as the CPI).Mode of performing the function of fixing and revising the remuneration of the government employees bythe Government :-44. Though the fixation of ‘Pay’ is essentially an executive function, it requires evaluation of duties andresponsibilities of posts which should be determined by expert bodies like the Pay Commission. Referencemay be made to the decision of State of U.P. Vs. J.P. Chaurasia, reported in (1989) 1 SCC 121 and therelevant portion of the above decision is quoted below:-“18. The first question regarding entitlement to the pay scale admissible to Section Officers should notdetain us longer. The answer to the question depends upon several factors. It does not just depend uponeither the nature of work or volume of work done by Bench Secretaries. Primarily it requires among others,evaluation of duties and responsibilities of the respective posts. More often functions of two posts mayappear to be the same or similar, but there may be difference in degrees in the performance. The quantityof work may be the same, but quality may be different that cannot be determined by relying upon avermentsin affidavits of interested parties. The equation of posts or equation of pay must be left to the ExecutiveGovernment. It must be determined by expert bodies like Pay Commission. They would be the best judgeto evaluate the nature of duties and responsibilities of posts.”. . . . (Emphasis supplied)45. In India, Pay Commissions are set up by the Central Government and the State Governments for theirrespective employees on a regular periodical gap, usually at an interval of ten years. Those Commissionsare not statutory bodies. Those Commissions are constituted in exercise of powers conferred by Article
BHARAT PENSIONER
June 2020
37
JUDGEMENT
53 read with Article 73 of the Constitution of India in case of the Central Government employees and inexercise of powers conferred by Article 154 read with Article 162 of the Constitution of India in case of theState Government employees.46. Every subsequent Pay Commission constituted by the Central Government or the State Government,as the case may be, is expected to reevaluate the ‘Pay’ of the employees in public services taking intoaccount the various components of ‘Pay’. All factors that feed into the calculation of ‘Pay’ of personnel inpublic services fall within the zone of consideration of the Pay Commission. Reviewing and changing ofthe multiplication factors also come under the purview of consideration of the Pay Commission. DearnessAllowance is also a part of such consideration for rolling out the next Pay Commission Report.47. It is the age old settled principle of law that the recommendation made by the Pay Commission is notbinding upon the Government and non- acceptance of the recommendation does not amount to violationof Article 14 or 16 of the Constitution of India, but in the event reference is made in respect of all employeesof the Government concerned and it accepts the recommendations of the Pay Commission, it is bound toimplement those recommendations in respect of all employees of the Government concerned. In thiscontext, the observations of a Constitution Bench of the Hon’ble Supreme Court made in Purushottom LalVs. Union of India, reported in (1973) 1 SCC 651, is noteworthy and relevant portion of the above decisionis quoted below :-“15. . . . . . . . Either the Government has made reference in respect of all Government employees or it has not.But if it has made a reference in respect of all Government employees and it accepts the recommendationsit is bound to implement the recommendations in respect of all Government employees. If it does notimplement the report regarding some employees only it commits a breach of Articles 14 and 16 of theConstitution. This is what the Government has done as far as these petitioners are concerned.” (Emphasissupplied)48. Reiterating the above principles of law settled in Purushottom Lal (supra), it was held by the Apex Courtin Union of India Vs. Ram Gopal Agarwal, reported in (1998) 2 SCC 589, that in absence of cogent reasons,the recommendations of a Pay Commission could not be upset merely on the basis of affidavit affirmed inconnection with a proceeding in which such an action of the Government is under challenge. The relevantportion of the above decision is quoted below:-“11. In fact this distinction is being drawn on the basis of the report of the IVth Central Pay Commissionsubmitted, which is an expert body in this regard. It is not possible for this Court, on the basis of theaffidavits filed, to come to a clear conclusion specially in contradiction to the expert body report such asthe IVth Central Pay Commission Report, to hold it arbitrary unless there are cogent facts and reasonsbrought before us, which is not in the present case.”. . . . . . .49. Now, I address the issues involved in this writ application as follows:-A. Whether the claim of the employees serving under the Government of West Bengal for DearnessAllowance is a legally enforceable right?50. It appears from the materials on record that the Government of West Bengal, constituted a PayCommission in Finance Department resolution No.6020-F dated August 28, 2008, the terms of referencewere as follows:-(1) to examine the present structure of pay and conditions of service after taking into account the totalpackage of benefits available to the following categories of employees and to suggest changes which maybe desirable and feasible keeping in view the decisions of Central Government on the recommendations ofthe Sixth Central Pay Commission:-(a) employees under the rule making control of the Government of West Bengal except members of the AllIndia Services, West Bengal Judicial Service and the members of the services to whom the UniversityGrants Commission Scales of pay and AICTE scales of pay are applicable;(b) teaching and non-teaching employees of Government sponsored aided -
BHARAT PENSIONER
June 2020
38
JUDGEMENTJUDGEMENT
(i) educational institutions, (ii) Training Institutions of Primary Teachers, (iii) Libraries, (iv) Polytechnics and Junior Technical Schools;(c) non-teaching employees of non-Government Colleges (Sponsored or Aided);(d) employees of the Municipalities, Municipal Corporations, NotifiedArea Authorities, District Primary School Councils and Panchayat Bodies;(2) to examine the existing promotion policies and related issues and to suggest changes which may bedesirable and feasible, having regard to need for improving people orientation, social accountability andefficiency of the administration;(3) to examine special allowance and other allowances, concessions including leave travel concession andbenefits in kind which are available to the employees in addition to pay and suggest changes which maybe desirable and feasible;(4) to examine issues relating to retirement benefits; and (5) to make recommendations on each of theabove having regard inter alia to the prevailing pay structure under the Central Government, Public SectorUndertakings and other State Governments etc., the economic conditions of the country, financialresponsibility to the Government of India and the pattern of allocation of revenues to the State, theresources of the State Government and the demands thereon on account of the commitment of the StateGovernment to development activities.51. The Commission submitted its report to the State Government on February 12, 2009. After dueconsideration of the recommendations of the Commission, it appears from the materials on record that the5th Pay Commission in Chapter 10 of its report dated February 12, 2009 dealt with the major grievance ofmost of the associations of employees working for gain under the State Government regarding non-payment of Dearness Allowance in instalments in time. Needless to point out that the above considerationwas covered by the terms of reference to the 5th Pay Commission. The above Pay Commission made itsrecommendation in paragraph 10.6 of Chapter 10 of its report dated February 12, 2009 which was asfollows:-10.6. It is evident from above that the State Government’s sanction of the instalments does not follow anydefinite pattern. It is also clear that there are delays in payment of various instalments of DA and therecannot be any differences of opinion regarding the need to avoid the delays. We are of the opinion thatwith some extra effort the State Government should be in a position to clear the backlog of the loneinstalment, which was sanctioned by the Govt. of India w.e.f. July 1, 2008, and then fall in line with theCentral Government pattern of sanctioning two instalments of DA each year. We recommend this courseof action. If it is done, it will mitigate a long standing grievance of almost all employees within out terms.52. After considering the above report, the ROPA Rules, 2009, was framed in exercise of power conferred bythe proviso to Article 309 of the Constitution of India in sub-rule (c) of Rule 3 the term “existing emoluments”means the aggregate of -(i) existing basic pay,(ii) dearness pay appropriate to the basic pay, and(iii) dearness allowance appropriate to the basic pay plus dearness pay at index average 536 (1982=100).53. Therefore, it is evident that Dearness Allowance was also one of the components which came under thepurview of its consideration for rolling out to the 5th Pay Commission report.54. Sub-rule (1) of Rule 12 of ROPA Rules, 2009 provided that no arrears of pay to which Governmentemployee might be entitled in respect of the period from 1st day of January, 2006 to 31st day of March,2008, should be paid to the Government employee. Needless to point out that the above decision includednon-payment of arrear Dearness Allowance for the period of 1st day of January, 2006 to 31st day of March,2008.
BHARAT PENSIONER
June 2020
39
JUDGEMENT
55. The Government of West Bengal, Finance Department, Audit Branch issued a clarificatory memorandumbearing no.1691-F dated February 23, 2009 on the ROPA Rules, 2009 and on allied matters dealt with by the5th Pay Commission. Paragraph 10 of the above clarificatory memorandum provides as follows:-10. Dearness Allowance - Consequent upon revision of pay of Government employees in accordance withthe West Bengal Services (Revision of Pay and Allowance) Rules, 2009, the dearness allowance to whicha Government employee is entitled from time to time since the 1st day of January, 2006 needs to be relatedto pay in the revised pay structure. Necessary Government Order in this regard has been issued withFinance Department Memo No. 1692-F dated the 23rd February, 2009.56. The Government of West Bengal, Finance Department, Audit Branch issued a further memorandumbearing no.1692-F dated February 23, 2009 in the matter of drawl of Dearness Allowance in revised paystructure under the ROPA Rules, 2009 in paragraph 2 of the above memorandum. It was categoricallystated no arrears of pay and allowance to which Government employee might be entitled in respect of theperiod from 1st day of January, 2006 to 31st day of March, 2008, should be paid to the Governmentemployee, the Dearness Allowance admissible to a Government employee needed to be related to pay inrevised pay structure with effect from 1st April, 2008 only. The rate of Dearness Allowance payable to aGovernment employee with effect from April 1, 2008 to April 1, 2009 and onwards was provided in paragraph3 of the above memorandum as follows:-3. Accordingly the Governor is pleased to decide that the Dearness Allowance payable to a Governmentemployee with effect from 1st April, 2008, shall be at the following rates:- Period for which payable Rate of Dearness Allowance per month on basic pay 01.04.2008 to 31.05.2008 2% 01.06.2008 to 31.10.2008 6% 01.11.2008 to 28.02.2009 9% 01.03.2009 to 31.03.2009 12% 01.04.2009 onwards 16%57. The above paragraph purports that the rate of Dearness Allowance after April 1, 2009 would be fixedfrom time to time and the same was payable to all the employees serving under the Government of WestBengal at a rate to be determined on the basis of the accepted guidelines.58. As discussed hereinabove with reference to the decision of Purushottom Lal (supra), it is the age oldsettled principles of law that the recommendation made by a Pay Commission is not binding upon theGovernment and non-acceptance of the recommendation does not amount to violation of Article 14 or 16of the Constitution of India but in the event reference is made in respect of all employees of the concernedGovernment and it accepts the recommendations of the Pay Commission, it is bound to implement thoserecommendations in respect of all employees of the Government concerned.59. From the provisions of Rule 12 of ROPA Rules, 2009 read with the contents of paragraph 10 of theclarificatory memorandum no.1691-F dated February 23, 2009 and those of paragraphs 2 and 3 of memorandumno.1692-F dated February 23, 2009, both issued by the Government of West Bengal, Finance Department,Audit Branch, there is no doubt that the Government of West Bengal accepted Dearness Allowancebasically as a component of pay which is a fixed percentage of basic pay, on the recommendation of the 5thPay Commission made in its report dated February 12, 2009 aiming at hedging the impact of inflation.60. The learned Tribunal did not consider the issue involved in the original application from the aboveangle at the time of coming to the erroneous conclusion that the payment of Dearness Allowance wasabsolute prerogative falling within the discretionary domain of the Employer (read the State Government)and inaction and/or refusal on the part of the former cannot result in denial of any right of DearnessAllowance as it was not an accrued right of the employee.61. Further, I do not find that there was refusal on the part of the Government of West Bengal to recognize
BHARAT PENSIONER
June 2020
40
JUDGEMENTJUDGEMENT
the right of its employees to Dearness Allowance as evident from the provisions of Rule 12 of ROPA Rules,2009 read with the provisions of paragraph 10 of the clarificatory memorandum nos.1691-F and 1692-F bothdated February 23, 2009 issued by the Government of West Bengal, Finance Department Audit Branch.62. Before dealing with the decisions, which are relied upon by Learned Advocate General, one must keepin mind that the observation of court is not to be read as provisions of the statute. Those observationsmust be read in the context in which they appear. Circumstantial flexibility, one additional or different factmay make a world of difference between conclusions in two cases. Reference may be made to the decisionof Haryana Financial Corporation & Anr. vs. Jagadamba Oil Mills & Anr., reported in (2002) 3 SCC 496 andthe relevant portions of the above decision is quoted below:-19. Courts should not place reliance on decisions without discussing as to how the factual situation fits inwith the fact situation of the decision on which reliance is placed. Observations of courts are not to be readas Euclid’s theorems nor as provisions of the statute. These observations must be read in the context inwhich they appear. Judgments of courts are not to be construed as statutes. To interpret words, phrasesand provisions of a stature, it may become necessary for Judges to embark upon lengthy discussions butthe discussion is meant to explain and not to define. Judges interpret statutes, they do not interpretjudgments. They interpret words of statutes, their words are not to be interpreted as statutes. ............20. . . . . . . .21. Circumstantial flexibility, one additional or different fact may make a world of different betweenconclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.63. In G.C. Mandawar (supra) the point for decision was whether a resolution of the Government of CentralProvinces and Berar, (now Madhya Pradesh) dated September 16, 1948 fixing a scale of Dearness Allowanceto be paid to its servants was repugnant to Article 14 of the Constitution. The above point was decided inthe light of provisions of the Fundamental Rules. Ultimately, it was decided by the Hon’ble Supreme Courtin the above case that the scale of Dearness Allowance as recommended by the Commission and sanctionedby the Central Government could furnish no ground for holding that the scale of Dearness Allowancerecommended by the Committee and adopted by the Central Government was repugnant to Article 14 ofthe Constitution. In view of the distinguishable facts and circumstances of the case in our hand, theobservations made in the above decision does not help the respondents to the context of the case in hand.64. Similarly, in Vinaya Krishna Sinha (supra) the Point in issue was the entitlement of those pensioners toget dearness relief on full pension who had commuted 100% pension. So, the above decision does not helpme to decide the issue involved in the case in hand.65. Therefore, as a consequence once the Government of West Bengal, accepts the recommendation of the5th Pay Commission for payment of Dearness Allowance to the extent as indicated hereinabove, it conferslegally enforceable right on its employees to get the Dearness Allowance. B. Whether the claim of theemployees serving under the Government of West Bengal for Dearness Allowance on the basis of therecommendations of the 5th Pay Commission is legally enforceable right?66. As discussed hereinabove, it was decided by the Hon’ble Supreme Court in the matter of PurushottomLal (supra) the recommendation made by a Pay Commission is not binding upon the Government and non-acceptance of the recommendation does not amount to violation of Article 14 or 16 of the Constitution ofIndia. As a corollary to the above decision, I find that the recommendation of a Pay Commission is bindingupon the Government only up to that extent which has been accepted by the Government.67. At the cost of repetition it may be observed here that Government of West Bengal while calculating the“existing emolument” of the employees serving under the above Government, under sub-rule (c) of Rule 3of the above Rule dearness allowance was also incorporated therein as one of the factors which cameunder the purview of its consideration for rolling out to the Pay Commission’s report.68. Under sub-rule (1) of Rule 12 of the ROPA Rules, 2009, it was declared that no arrears of pay to which
BHARAT PENSIONER
June 2020
41
JUDGEMENT
Government employee might be entitled in respect of period from 1st day of January, 2006 to 31st day ofMarch, 2008 should not be paid to the Government employee. I have already found that paragraph 10 of theclarificatory memorandum bearing No.1691-F dated February 23, 2009 on the ROPA Rules, 2009 and onallied matters provided that the Dearness Allowance to which an employee serving under the Governmentof West Bengal was entitled from time to time since 1st day of January, 2006 needed to be related to pay inrevised pay structure and necessary Government order in this regard had been issued under FinanceDepartment memorandum bearing No.1692-F dated February 23, 2009.69. Paragraph 3 of the aforesaid memorandum bearing No.1692-F dated February 23, 2009 provided for therate of Dearness Allowance per month on the basic pay of an employee serving under the Government ofWest Bengal for the purpose from April 1, 2008 to April 1, 2009 and onwards that is the extent up to whichthe Government of West Bengal accepted the recommendation of the 5th Pay Commission till the period ofApril 1, 2009 leaving the calculation for the subsequent period for its future consideration at a rate on thebasis of the accepted guidelines.70. On the basis of the settled principles of law as decided by the Hon’ble Supreme Court in the matter ofRam Gopal Agarwal (supra) as discussed hereinabove, it is not possible for the Court to come to a clearconclusion specifically as to whether the action on the part of the Government was arbitrary or not unlesscogent facts and reasons are brought on record to show that the decision making process of the Governmentin fixing the rate of Dearness Allowance was not arbitrary in the light of the recommendation made by thePay Commission.71. It will not be out of context to observe here that instead of adopting a procedure on bringing therelevant materials on record, the learned Tribunal discussed the right of the employees working for gainunder the Government of West Bengal placing reliance on the general theory of law to reject the claim of thepetitioners.72. In Secretary, Mahatama Gandhi Mission (supra) and Amar Nath Goyal (supra), it was decided that therecommendation of the Pay Commission is not ipso facto binding upon the Government. But the point forconsideration in the case in hand is that upto what extent the recommendation of the 5th Pay Commissionhas been accepted by the Government of West Bengal by framing the ROPA, 2009, read with the clarificatorymemorandum nos.1691-F and 1692-F both dated February 23, 2009 issued by the Government of WestBengal, Finance Department Audit Branch. In view of the above, the above decision has no manner ofapplication in this case.73. As observed hereinbefore, a prayer was made by the learned State advocate to admit the originalapplication permitting them to file reply to the same but such prayer was not taken into consideration in itsproper perspective for the purpose indicated hereinabove on the pretext that keeping the matter hangingfor reply would serve no purpose as the issue was otherwise apparent and settled or in other words,according to the learned Tribunal, waiting for reply upon admission would have been bringing Cinderellato ball. I am of the considered view that the learned Tribunal misdirected in making such observation in thelight of the discussions made hereinabove.C. Whether the discrimination in the matter of payment of Dearness Allowance to the Employees of theState of West Bengal with their counterparts serving in Banga Bhawan at New Delhi and Youth Hostel inChennai including the Employees of West Bengal State Electricity Development Corporation requiredconsideration?74. The principles of law in this regard has already been discussed by us hereinabove with reference to thedecision of the Constitution Bench of the Hon’ble Supreme Court in Purushottom Lal (supra) when theGovernment accepts the recommendations of Pay Commission it is bound to implement thoserecommendations in respect of all employees of the Government Concerned.75. True that reasonable classification may be made in between different classes of employees servingunder the Government on the basis of cogent reasons. The factors which were required to be taken into
JUDGEMENT
BHARAT PENSIONER
June 2020
42
JUDGEMENT JUDGEMENT
consideration by the Body concerned to determine the rate of Dearness Allowance, were the change in theconsumer price index, its effect on the purchasing capacity with the existing pay packet of the employeeworking under a Government and the economic and financial position of the Government to meet theexpenditure.76. Further, the factors which were taken into consideration by the Central Government in fixing the rate ofDearness Allowance for its employees were required to be taken into consideration with those taken intoconsideration by the Government of West Bengal. In the event the factors were common and same for boththe Governments then the element of arbitrariness were required to be examined in that context.77. The learned Tribunal was under obligation to allow the State Government to bring on record therelevant materials for assigning cogent reasons for the differential treatment of its employees serving inBanga Bhawan at New Delhi and in Youth Hostel at Chennai instead of rejecting the claim of the petitionersin a hot haste without allowing the State Government to file reply for bringing those materials on record.78. Necessary to point out here that a statement is made before us in the paragraph 15 of the affidavit-in-opposition affirmed on behalf of the respondent Nos.1 and 2 that the employees of State Governmentposted in Banga Bhawan at New Delhi and those of State Youth Service Department posted at Chennaiwere not affected by inflation in the same manner as the employees present in Kolkata. If the differentialrates of Dearness Allowance were fixed by the Government of West Bengal keeping in mind the aforesaidfactor, the same cannot be accepted for the reason that the rate of Dearness Allowance was fixed by theCentral Government at one and same rate for the employees discharging functions throughout the countrytaking into consideration the Consumer Price Index on all India basis. Since, the above reason of fixingDearness Allowance at differential rates cannot be acceptable in the eye of law, it strengthens the allegationof the petitioner association of hostile discrimination in between the similar class of employees workingunder the Government of West Bengal. However, no opportunity of bringing relevant material was madeavailable before the learned Tribunal for assigning the cogent reasons for such differential treatment.79. The rate of Dearness Allowance of the employees of West Bengal State Electricity DevelopmentCorporation cannot be taken into account for adjudication of the issue involved in the matter as they areguided by the Rules of the company concerned having no nexus with the decision making process offixing pay and allowances of the employees working under the Government of West Bengal.80. In the decision of Association of West Bengal Secretariat Assistants (supra), which is relied upon bythe Learned Advocate General, issue was validity of the decision making process of the Government infixing different rates of House Rent Allowance for the employees working in two different A-1 cities. In ourconsidered view, the factors which are relevant for determining rate for House Rent Allowance are hopelesslyirrelevant for calculating rate of Dearness Allowance and as a result the above decision has no manner ofapplication in this case.81. Similarly, the point for adjudication in the matter of K.D. Banerji (supra), was whether all AssistantManagers of The Life Insurance Corporation of India belong to one and same class irrespective of theirrespective field of work. I have no other alternative but to repeat and reiterate that the factors which arerelevant for determining the issue involved in that case are hopelessly irrelevant for calculating rate ofdearness Allowance in the case in hand due to distinguishable facts and circumstances and as a result theabove decision has no manner of application in this case.82. In view of the discussions and observations made hereinabove, I sum up as follows:-(i) The claim of the employees serving under the Government of West Bengal for Dearness Allowance isbased on legally enforceable right on the all employees serving under the Government of West Bengal upto such extent of the recommendations of the 5th Pay Commission which has been accepted by theGovernment of West Bengal by virtue of the provisions of sub-rule (1) Rule 12 of ROPA Rules, 2009 readwith paragraph 10 of the clarificatory memorandum bearing No.1691- F dated February 23, 2009 on ROPARules, 2009 issued by the Government of West Bengal, Finance Department, Audit Branch, and paragraph
BHARAT PENSIONER
June 2020
43
JUDGEMENTJUDGEMENT
3 of memorandum bearing No.1692-F dated February 23, 2009 in the matter of drawl of Dearness Allowancein revised pay structure under the ROPA Rules, 2009 issued by the Government of West Bengal, FinanceDepartment, Audit Branch.(ii) The claim of the employees serving under the Government of West Bengal to get Dearness Allowanceat a rate equivalent to that of the employees of the Central Government requires adjudication uponconsideration of the relevant materials on record for the purpose indicated hereinabove.(iii) The claim of the employees serving under the Government of West Bengal for Dearness Allowance ata rate equivalent to that of the employees discharging their functions in Banga Bhawan at New Delhi andin Youth Hostel at Chennai requires consideration of the materials which may be brought on record by theGovernment of West Bengal for adjudication of the issue of arbitrariness in payment of Dearness Allowanceat differential rates.83. The aforesaid second and third issues, namely, (i) Whether the claim of the employees serving underthe Government of West Bengal for Dearness Allowance at a rate equivalent to that of the employees ofthe Central Government, and (ii) Whether the discrimination in the matter of payment of Dearness Allowanceto the Employees of the State of West Bengal with their counterparts serving in Banga Bhawan at NewDelhi and in Youth Hostel at Chennai, which require adjudication after bringing relevant materials onrecord, cannot be done in this writ application acting as a Court of first instance in view of the principlesof law settled in the matter of L. Chandra Kumar vs. Union of India, reported in AIR 1997 SC 1225. TheLearned Tribunal is the appropriate forum to discharge the above function as a court of first instance.84. As a consequence the order impugned to this writ application stands quashed and set aside remandingthe matter back to the learned Tribunal for adjudication of the aforesaid two issues, namely (i) Whether theclaim of the employees serving under the Government of West Bengal for Dearness Allowance at a rateequivalent to that of the employees of the Central Government, and (ii) Whether the discrimination in thematter of payment of Dearness Allowance to the Employees of the State of West Bengal with theircounterparts serving in Banga Bhawan at New Delhi and Youth Hostel in Chennai, on its merit withoutbeing influenced by its earlier observations made in the order impugned to this writ application.85. Since the considerable period of time has passed let there be a direction upon the respondents to filereply to the original application before the Tribunal bringing relevant materials on record within three (3)weeks, rejoinder thereto, if any, be filed by the applicants/petitioners before the learned Tribunal withinone (1) week thereafter.86. Liberty is given to the parties to mention the matter before the learned Tribunal for expeditious hearingof the original application after expiry of the aforesaid periods and in the event of such mentioning, thelearned Tribunal is requested to dispose of the original application expeditiously and preferably withintwo months thereof subject to the intervening vacation/s of the learned Tribunal and without grantingunnecessary adjournment to either of the parties.87. This writ application stands disposed of accordingly.88. There will be, however, no order as to costs.Urgent photostat certified copy of this judgment, if applied for, be given to the parties, on priority basis. I agree. (Debasish Kar Gupta, J.) (Shekhar B. Saraf, J.) ---------------------------------------------------------------------------------------------------------------------------------------
Attention Affiliates / Members !
Date of Validity of your affiliation / membership is being shown at thebottom of address slip on your magazine envelope. Please check and
renew if due.
BHARAT PENSIONER
June 2020
44
BHARAT PENSIONERS SAMAJ, NEW DELHI(Federation of All India Pensioners' Associations), Regd No. S - 2023 of 1962 - 63.
Niti Ayog Unique Identity No. = DL/216/20102111)Associate NGO, INTERNATIONAL FEDERATION ON AGEING, TORONTO, CANADA
2/13-A, LGF ( Backside), Jangpura - 'A', Hospital Road, New Delhi - 110 014,Tel-011-24376642 & 49027335
Chief Patron : Shyam Sunder 01124378583,(R)Patron : S. Suryanarayanan,Addl Member Rly Bd(Rtd), e-mail: [email protected] : N C Patra, Dy Commissioner Excise&Custom(Rtd)M;09563174070Advisor :S S Ramachandran,Mob:9868862322,President : K C Pipal , 15 MIG, Nehru EnclaveShamsabad Road Agra - 282004,T:0562-2480777,Wkg President:M M Kapur,Delhi,Mob :9654986000,Secy Genl : S C Maheshwari, M:9868488199,email:[email protected]: Pooran Lal, MIG-82, Nehru Enclave,Shamsabad Road, Agra282 004 M : 09457950415,email - [email protected] : Harchandan Singh, Mob: 09569631598Treasurer : Rameshwar Kumar, BH-171 PoorviShalimar Bagh,Delhi-110 088 M - 08595656501Secy (Defence ) : D. Bhaskara Rao, H. No-1-10-8,Lane Opp. Little Flower High School Temple AlwalBollarum Post Secundrabad - 500010 Mob-7207632740Secy (Postal & Ors) : M Chandramowli, Door No.1-31-6/102, Maruthi Residency, Sri Sathya SaiEnclave, Street No.1 Manovikas Nagar, Secunderabad- 500009, Tel : 040-27992244, Mob - 09441072434Secy (Rly Penrs)-: Bimalendu Chakraborty,#336/1/N Sukantapally PO Siliguri Bazar, Nr. BalakaClub, Dist: Jalpaiguri - 734005 (WB) M : 08016135182 T-0353-2562545(R) 2692331:[email protected] (BSNL/PSUs):DDMistry,C-11 SuvnadhamAvenue, Opp Sundarvan Flats, Ranip, Ahmedabad-382480, Tel : 079-27521400 M:09879090682. [email protected] States : RLN Ratnam,310,Sapthagiri ApptsPhase - 4, Padma Rao Nagar, Secunderbad - 500025Teleangana. email : [email protected],M -09440698159,040-25400351Secy (EPS-95) ; Prakash Yende, (EPS-95) Co-ordination Committee Vidarbha Region, SwagatColony, Karla Road, Wardha-442001,M:09028232696,mohdyunus2013 @yahoo.comSecy (Statuory/Autonomous Bodies): T V Surya
Prakash, Tel :09448375138,email:cbpensionersassciation@ yahoo.comSecy (P R) :S C Sharma,[email protected], Mob-09810537292Editor : R K Nanda , CC 57 B Shalimar Bagh Delhi -110088, Mob : 09810793174, e-mail :[email protected] Editor : S P Gupta , 87 MuktanandNagar, Gopalpura Road, Jaipur-302018,[email protected],M-09461663790
Vice-Prez (HQ-Delhi/NCR):R K Chauhan, RZ - 12, Block - B, Lane - 6, RaghuNagar, Delhi-110045, Mob:09312104818, e-mail:[email protected] (North Zone):S Bhajnik Singh,LDH, 609/44B,Gali No.7, ShamNagar, Ludhiana - 141001, Mob: 09888807235,,rlypensionerswassociation@ gmail.comVice-Prez (South Zone):C S Rayulu, D.No.6-1,NAD Colony, Krishnarajapuram,Sujatha Nagar PO, Visakapatnam -530051,Mob09908483769,e-mail :[email protected] (East Zone):Dr. Amrita lal Chakraborty, 696, Kalikapur Road,Po Haltu, Kolkata-700078, Mob-09830034445,email:[email protected] (West Zone):J Narayana Rao, 207 Kailash Aptts, KampteeRoad, Nagpur - 440 017, T : 0712 - 265 2335 M :094217 03511 e-mail : [email protected] (N E Zone):Th Yaisukul Singh, Irawat Bhawan, Imphal(Manipur)-795001T:Mob: 09436033765, e-mail:[email protected]
MANAGEMENT
ACTIVITY REPORTS AFFILIATESRENEWAL : Please remember to renewyour subscription whether due this month orthe next. Subscription be sent by Bank Draft/EMO /MO/ Multi City Cross Cheque infavour of Bharat Pensioners Samaj.
BHARAT PENSIONER
June 2020
45
Details of Managing committee members ofBharat Pensioners Samaj :-
P K Goswami (Smt), Delhi- Tel : 011-24378583
S K Gandhi, Delhi, Mob :09868540120, e-mail :[email protected]
Radhey Shyam Lavania, Agra (UP) M:09412894124
Vijay Kumar Taneja, Delhi - Mob : 09711206666,[email protected]
R N Walujkar, Kirduwadi-Solapur(MH), M :09420781659. e-mail:[email protected]
V. Umesh Babu, Palkkad- Tel : 09400856624, email:[email protected]
S P Bhardwaj,Gurugram- Tel : 09810914167
M K Kapse,Nagpur- Tel : 09420854834, email :[email protected]
Mohd Yunus,Vardha Tel : 09665586788, email :[email protected]
A K Nauriyal, Noida, M : 09868021343, e-mail :[email protected]
S M Kanjilal, Gauhati- M:09954499382, [email protected]
Prakash Pathak,Nagpur- Tel : 09822936284, [email protected]
P N Pandey,Pulgaon (MS)- Tel : 09422905481, [email protected]
S.S Dubey,Lucknow- Tel : 09936662638, [email protected], [email protected]
H F Chaudhari, Pune, M : 09422004700, e-mail :[email protected]
Ms. Bhagyawati, Secunderabad, Mob : 09441083772,[email protected]
R K Johari, Mob : 9818549307, e-mail :
SP Kakkar, Mob: 09818726466, e-mail:[email protected]
Affiliates please send : your activity report inEnglish (duly typed) direct to Editor R K Nanda onthe following address/e-mail,CC-57B, ShalimarBagh, Delhi-88, M:09810793174/07217759791 - (R)-011-27497848 e-mail : rknanda39@gmail. com, latestby 20th of every month, quoting your affilation no.Pincode and Contact No.
AAP AUR HUMAAP AURAAP AUR HUM
Please send your reports in Hindi (duly typed) onword format to BPS office 2/13A LGF ( Backside)Jangpura A Hospital Road New Delhi 110014 e-mail : bharatpensioner@gmail.com.-----------------------------------------------------------------Pensioners’ Associations of Autonomous/Statutory Bodies of Central Government(Federation) Banglore (Karnatak) affiliates ofBPS : Conducted video conferences, as under, forthe benefit of members and also members ofaffiliates to cccgpa during the months of april/may2020, when the entire country was under lockdowndue to corona virus outbreak and when serniorcitizens, who are very vulnerable to this coronavirus, were given strict instructions to stay at home:·DR. vivek baliga, who is a general physician andcardiologist, addressed the pensioenrs and otherparticipants on “covind 19-keeping healthy incurrent situation” on 18.4.2020, followed byquestion-answer session. Dr. VenkatarayaBhandari, psychiatrist and director of A.V. Baligamemorial trust at Udupi, karnataka, addressed thepensioners and other participants on ‘how tomanage our mental health during covind-19 andthereafter’ on 25.4.2020, followed by question-answeer session. Sri H.L. Bhaskar, clinicalnutritionist and diatetian, Bengaluru, addressed thepensioners and other participants on ‘geriatric foodfor building body immune system’ on 4.5.2020followed by question-answer session. Sri S.Radhakrishna, general secretary, co-ordinationcommittee of central government pensioenrsassociations, karnataka, bengaluru, addressed thepensioners and other participants on ‘ pension/family pension and other related issues’ on10.5.2020, followed by question and answersession.Dr. sumar kumar, medical director andConsultant Pulmonologist at excelcentre hospital,spoke on ‘‘how to maintain best respiratory /chesthealth in the time of covind 19 and thereafter’ on16.05.2020 followed by question-answer session.Smt. Shwetha ananda, Sr. Advocate, bengaluru,karnataka, spoke on ‘writing different types of wills,gift, deed, etc.Recorded version of these conferences had alsobeen sent to our members, who could notparticipate, for their information
BHARAT PENSIONER
June 2020
46
=
THANKS
JUNE OVERDUE MEMBERS-2020Yash Paul Gakhar A3200B K Talwar A3724Jaswant Singh Bhatia A3676Shafiq Ahmed P&A O Retd A0963Sr Citizen Welfare Assn M8696Sukh Lal Gupta A3548Kanchan Sharma M7771H C Goel A1693S K Barman A0421S L Kumar A1619S K Sharma WL-AI-9413-2111M N Sharma WL-AI-9823-2801-6/2010P D Krishnaswamy M8999Charan Singh A1367Raj Kumar Sodhi M4715K P Prasher A0398Raj Kumar Chadha M7441Rly Penrs Welfare Assn M8409V P joshi A0399K L Batra M7465Suresh Kumar M5328S C Madkan M8703Charan Singh M6436Hardip Singh A3683Postal Penrs Assn A0390Amarjit Singh Jabbal A1805Ragu Nath Sharma A2742K L Rishi M1845Rly Penrs Welfare Mens Assn A0814S C Ganguly A-1949-3828-6/2003Bharat Pensioner Samaj A0279Dr J P Nigam A1723M M K Johar A1377S N Pandey A3672Rly Running Staff Pensioner Wel Assn A4084Ranjeet Singh A0384B K Trikha A0729V K Puri A1811Gulab Chand Saini M8401Kripal Singh Nigam M7961R B Kushava A-2069-5698-7/2007Gulam Hussain R A0388L N Sharma M5276Sumedha Naswa WL-9330B G Christie M5320Nirmal Singh Saini M5335N N Gangopadhyay WL-9328
Jagdish Janardhan Khopkar A0066S Raghvendra A-2245-6946-7/2012A E Durai Swami A3294R A Sonar A3685P Krishnan A0010Ramnit Ganpat Vaidya M8994Central Government Pensioners Assn A2663S A Razak A1486P Krishna Rao A1384I S Krishna Murthy A3290M J Rao A0976K Narasimham WL-AI-9827-2805-6/2010D T Chenna K Murthy WL-AI-9824-2802-6/2010S Vasanthi Sekhar WL-AI-9819-2797-6/2010K Parvathi Kutty WL-AI-9828-2806-6/2010B C Krishna Reddy A3791M Leelavathi WL-AI-9826-2804-6/2010Karnataka Post & Telecomm Penrs A2847R Nagaraja Rao WL-AI-9820-2798-6/2010A Philomina WL-AI-9821-2799-6/2010Y Appala Raju A3809Rita Rodriques WL-AI-9818-2796-6/2010K N Naik WL-AI-9822-2800-6/2010A Padmanathaw A3690C Ramamurthy A1355S R Subramanian A3908J Sridharan M6452K S Kumaravadivelu A-2499-7059-7/2013V Govindaraj Secy WL-AI-9829-2807-6/2010Central Govt Penrs Assn A2688V N Nair A2813K V Govindam A0740K Ravindran A3278Shalimar Railway Pensioners Assn A4086Arun Kumar Dass A2833A N Chakrawarty M8097N F Rly Penrs Assn A3262R R Naik A0296C G Penrs Assn Nadia Krishnanagar Br M0340P K Kar A3267N F Rly Penrs Assn M3979Mizoram Civil Pensioners Assn M3648B R Tanti M7686M B Trivedi A4222Shivaji Shankar Dange A4220Def A/C Pensioner Assn A4221M P Jadhav A3879
BHARAT PENSIONER
June 2020
47
P S A Shariff A3885Prakash Singh Dhillon A3886S C Jhamb A4224Kaajoree Bhattacharya A4225Nagarajan A4226M Narasimhulu A3891Sri D Jeyapal A3892Nutan Wadeyar A3895A E Durai Swami A3295
New Members - ANNUAL
A4321 Ram Prakash Telangana 05/21A4322 P N Mahapatra Orissa 05/21A4323 Jasvinder Singh Ludhiana 05/21
Whole Life Members
WL0006 D D Mistry Ahmedabad 05/30WL0007 Rup K Chauhan New Delhi 05/30
AFFILIATED ASSOCIATION (RENEWAL)
A4324 Rtd CEGEW Assn Bhuvneshwar 05/21
DONATION
A4221 D A/c PW Assn Secundrabad 5000A3606 K K Sardana New Delhi 5000NM B G Krishna Nellore 1000A4056 Bawa S Parmar Hoshiarpur 1000A4259 Bharat P Samaj Mauganj 2000
THANKS
SSNo
Continued from page 29
CGHS permits Annual health Check forPensioners above 75 years at empaneled
hospitals is attached.
Z 15025/36/2019/DIR/CGHS/ CGHS(P) Governmentof India Ministry of (Health & Family WelfareDepartment of Health & Family Welfare NirmanBhawan, New Delhi Dated, the 19th August, 2019OFFICE MEMORANDUM Subject: Annual HealthCheck-up at Hospitals empanelled under CGHS inrespect of CGHS Pensioner beneficiaries (Primarycard holders) aged 75 years and above- regardingWith reference to the above mentioned subject,the undersigned is directed to state that the matterrelating to Annual Health Check-up at privatehospitals empanelled under CGHS in respect ofelderly CGHS beneficiaries was under considerationof this Ministry and it has now been decided thathereinafter, CGHS Pensioner beneficiaries (PrimaryCard holders) aged 75 years and above shall bepermitted to undergo ‘Annual Health Check-up’ atCGHS empanelled hospitals. Permission in respectof CGHS Pensioner beneficiaries (Primary Cardholders) aged 75 years and above shall be grantedby CMO in charge of CGHS Wellness Centre. Theprivate hospitals empanelled under CGHS shallperform the Annual Health Check- up at CGHS ratesand extend cashless facility for the same in respectof CGHS Pensioner beneficiaries (Primary Cardholders) aged 75 years and above.Sd/-(Rajeev Attri)Under Secretary to Government of India
----------------------------------------------------------------APPEAL
Nothing can be achieved without struggle.Every struggle needs money.
Bharat Pensioners Samaj has been struggling forpensioners rights for over six decades and hasbeen instrumental in getting several benefits toPensioners pay commission to pay commissionsuch as inclusion of pension & other retirementbenefits in the terms of reference of 4th CPCthrough an executive order, 40% commutation,modified parity, calculation of gratuity on the ba-sis of Pay+ DA, 30% of last pay as family pension,provision of FMA,40% fitment factor in vth CPC& in 6th CPC, enhanced family pension for 10 years
in case of death in harness, Age related additionalpension, pension to be 50% of last pay, Commonmultiplication factor parity in pension of pre &post 2016 pensioners, merging of postal dispen-saries with CGHS, Extension of 7th CPC benefitsto autonomous bodies/States of Nagaland,Maharashtra, WB,UP, Haryana, Punjab,Issuing ofconsolidated instruction to Banks regd.pensiondisbursement etc. Donate generously to enable itto continue for pensioners welfare with greaterzeal & Passion.
BHARAT PENSIONER
June 2020
48
Postal Regd No DL(S)-01/3274/2018-20Licence No U(SE)-18/2018-19to post without pre-payment
Posting date : 15/16th of the Month
Date of Publication : 15.06.2020 No. of pages : 48
DECEMBER 2019
www.bharatpensionerssamaj.inhttps://www.facebook.com/pages/https://pensionersmedia.in/
Delhi judicial jurisdiction only apply.
BHARAT PENSIONER : Registered with Registrar of Newspapers for India vide No. R. N. DELBIL/2006/17678BOOK POST/PRINTED MATTER : Posted at N.D.P.S.O., Market Road, New Delhi -110 001
If undelivered, please return to : BHARAT PENSIONERS SAMAJ, 2/13-A, LGF(Backside), Jangpura - Á’, Hospital Road,New Delhi - 110014, Printer & publisher : Shyam Sunder for Secy Genl, Bharat Pensioners Samaj.
Printed at Compudata Services, 42, DSIDC Shed, Scheme-I, Okhla-II, New Delhi - 110 020 (printers) from(place of publication) 2/15-B, Hospital Road, Jangpura-A, New Delhi - 110 014
Editor for purposes of the Act : D Jayaraman.
BHARAT PENSIONERS SAMAJMOURNS THE DEATH OF MIGRANT LABOURERS WHO LOST THEIR LIVES INRAIL & ROAD ACCIDENS OUR HEART & SOULS ARE WITH THE FAMILIES OF
THOSE WHO LOST THEIR LOVED ONES
NOTIONAL D R FOR PENSIONERSNov-19 Dec-19 Jan-20 Feb-20 March-2020 April 2020
All India CPI (IW) 328 330 330 328 326 329Base 2001=100% age increaseover 01.01.06 172.11% 174.20% 175.85% 177.36% 178.59% 179.81%% age increase 20.50 21.42% 22.16% 22.83% 23.37% 23.91%over 01.01.16
Related Documents
