PROPOSED AGENDA for 29th AGM
Submitted by NFRPA Guwahati Standing Member SCOVA & an affiliate of BHARAT PENSIONERS SAMAJ
Restoration of two third commuted portion of pension after 15 years from the date of commutation in respect of the Government servants who had drawn lump -sum amount on their absorption in a Public-Sector Undertaking / Autonomous Body.
Ref : i) Supreme Court judgment in CIVIL APPEALS NO. 6048 OF 2010 and No. 6371 of 2010 Decided on 1-9-2016
ii) DOP&PW OM No. No.4/3/86-P&PW (D) Dated 30/09/ 1996
1. DOP&PW vide its orders dated 30-9- 1996 cited above, had restored one third commuted portion of pension after 15 years from the date of commutation in respect of the Government servants who had drawn lumpsum amount on their absorption in a Public Sector Undertaking/Autonomous Body – implementation of the Judgement of the Supreme Court.
2.a) Supreme Court has ordered for Restoration of 2/3rd Commuted Pension of PSU Absorbees who took full Commutation of Pension. The orders were passed in the case of Union of India & Another - Vs - K. Ganesan (Dead) in Civil Appeal No. 6048 of 2010 and Civil Appeal No. 6371 of 2010.
b) Following is the text of the orders passed:
i) CIVIL APPEAL NO. 6048 OF 2010
“Having heard learned counsel for the appellants, and having per used the record of the case, we find no justification whats oever to interfere with the impugned order, directing restoration of 2/3rd pension in respect of the respondent herein, after the expiry of the requisite period of commutation. The instant appeal is accordingly dismissed.”
ii) Civil Appeal No. 6371 of 2010
“Heard learned counsel for the rival parties. In view of dismissal of Civil Appeal No. 6048 of 2010 by us today (Union of India nd another vs.K. Ganesan (Dead), this appeal has to be accepted. Accordingly, the instant appeal is allowed. The impugned order of the High Court is set aside. It is directed that the appellants shall be entitled for restoration of their 2/3rd pension, after the expiry of the requisite period of commutation”. a) 100% of Commuted portion of Pension of all Central Government Pensioners is restored after 15 years – (whether they got One third of their Pension commuted or 40%, as applicable thereof) and they continue to get the balance two-third or 60% (as applicable) of their Pension after their retirement till the full commuted portion of pension is restored to them after 15 years.
b) On the other hand, the PSU absorbees who got the 100% Commutation done, got no pension after their retirement till one third was restored vide DOP&PW orders dated 30-9-1996 cited above and they continued to be deprived of the restoration of the balance two-third of their Pension after 15 years of the Commutation unlike other Central Government Pensioners who get full restoration of Pension after 15 years of retirement.
c) This is discriminatory and in violation of law of natural justice as well violation of Articles 14, 16 and 39 of the Constitution of India.
d) It is to remove this discrimination that the Hon’ble Supreme Court has restored the balance two third of the Commuted portion of the pension after 15 years from the date of commutation in respect of the Government servants who had drawn lumpsum amount on their absorption in a Public Sector Undertaking/ Autonomous Body.
4. It is, therefore, requested that without pushing each one of the affected pensioner to court of law, keeping in view the S C order quoted in para 2 above, order for the restoration of two-third commuted portion of pension after 15 years from the date of commutation, may be issued in respect of all the similarly placed Government servants who had drawn lump-sum amount on their absorption in a Public Sector Undertaking/Autonomous Body.
Item No 2
Sub : CASHLESS TREATMENT SCHEME IN EMERGENCY (CTSE) FOR RELHS BENEFICIARIES AT EMPANELLED HOSPITALS
Ref : Railway Board’s letter No.2014/H/28/1/Smart Card/Part ‘A’ dated 14.07.2016
1. We seek your benign intervention in a matter of extreme hardship perpetrated on the large number of Railway Pensioners who have been asked vide the Railway Board’s letter cited above, to pay exorbitantly heavy amounts of money ranging between Rs.10000 to Rs.50000 for getting medical treatment in case of Emergency under CTSE.
2. The RELHS beneficiaries had already paid one month’s salary or two months Pension for joining the Railway Employees Liberalized Health Scheme (RELHS) – 97.
3. Under this scheme the RELHS beneficiaries are already entitled for getting Medical treatment in any Private Empanelled Hospital in case of Emergency – on Billing or Cashless system in the area in which they are registered and on Reimbursement basis in any Government or Private Hospital anywhere in India in case of Emergency.
4. The only difference the above cited orders of the Railway Board have incorporated the cashless treatment in Empanelled Hospitals all over India. But they were in case entitled for such a treatment in case of Emergency anywhere in India even though on Reimbursement basis.
5. As per settled law, Pensioners are entitled to proper health care by the Government and for reimbursement of Medical expenses even if they have not opted for CGHS or RELHS.
6. Asking RELHS Optees for payment of such heavy amounts (ranging from Rs.10,000 to Rs.50,000) merely for providing a Cashless facility instead of Reimbursement, tantamount to exploitation and fleecing the poor pensioners by showing a carrot of cashless treatment instead of reimbursement.
7. Above all, the CTSE is proposed to be introduced only as an experimental basis for one year and that too in 4 Metro cities only. What will happen to the heavy amounts of money paid by the poor pensioners if the scheme is closed after a year or two, is not clear, thus creating a double jeopardy.
8. It is submitted that the Scheme of Cashless Service for RELHS Card Holder to take treatment in recognized Private Hospitals in emergency promulgated vide Rly Board No.2007/H/28/1/RELHS/Smart Card New Delhi, dated 18.07.2012 and which stands implemented on Eastern Railways (Reference CMD E.Rly No. MD. 173/0/Smart Card dated: 11th June, 2013) is much better and may, with slight amendments, be adopted for PAN INDIA Smart card for RELHS beneficiaries.
Item No 3
Implement option 1 as recommended by 7th CPC vide their Para 10.1.67 & 68:
The said recommendation has been accepted by the govt subject to feasibility after cabinet approval and financial provisions too have been made. It has been accepted by the DOP & PW that records are available in 82%, so implement it without pushing pensioners to the courts. Recast records of remaining 18% according to the procedure laid down in Para 15 of OM No.F.No.45/86/97-P&PW(A)-Part-III dated 10.2.1998 of Government of India, Ministry of Personnel, Public Grievances -DOP &PW.
Pensioners/family pensioners may be allowed to choose any one of the following three options: It may however, be noted that option 3 cannot be accepted as an alternative to option 1 recommended by 7th CPC vide their Para 10.1.67 & 68. Also in option 3 no cap other than that pension will be 50% of the notional pay thus arrived will not be acceptable.
·2.57 times of the pension if that is beneficial.
·Option No.1. recommended by the 7th CPC, if that is beneficial for them.
·To determine the Pension based on the suggestion placed by the Pension Department on 6.10.2016 i.e. notional pay in Seventh CPC is arrived by applying formula for pay revision for serving employees in each Pay Commission and giving 50% of this notional pay as pension to all pre-2016 Pensioners
Item No 4
Grant of full pension for less than 33 years of service – Extension of the provisions of Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners’ Welfare, OM No.38/37/08-P&PW (A) dated 6th April, 2016 to Pre-2006 Coffee Board Pensioners.
We would like to invite your kind attention to the OM cited above, a copy of which is enclosed herewith for ready reference, under which all pre -2006 Central Govt. Pensioners who had retired with less than 33 years of service have been made eligible for full pension i.e. at 50 % of the sum of the minimum of the pay in Pay Band and Grade Pay thereon introduced w.e.f.1-1-2006, corresponding to the pre revised pay scale from which they had retired, in terms of para 4.2 of OM dated 1-9-2008 of the Department of Pension and Pensioners’ Welfare.
2.With delinking of 33 years of service for eligibility to full pension, all pre -2006 Pensioners with a qualifying service of 10 years and above have become eligible for full pension w.e.f 1-1-2006 without any pro rata reduction in pension for less than 33 years of service. Admissibility of full pension for 10 years of service has also been confirmed by the Ministry of Finance, Department of Expenditure, Central Pension Accounting Office (CPAO), New Delhi, vide their OM No.CPAO/IT&Tech/Revision(Pre-2006)/2016-17/8 Vol-VI/58 dated 13th June 2016 ,a copy of which is also enclosed for reference.
3.We have been informed by the Coffee Board Pensioners’ Association, Bengaluru, an Affiliate Association of the Coordination Committee of Central Government Pensioners’ Associations, Karnataka (R), that the orders contained in the Department of Pension OM dated 6-4-2016 stated above, have not yet been extended to Coffee Board Pensioners, who are also governed by Central Civil Services (Pension) Rules and whose pension has already been revised under 6th CPC recommendations, implemented Vide DOP&PW OM dated 1-9-2008. We have also been informed by this Association that the Coffee Board has requested Ministry of Commerce for release of additional funds required for payment of arrears to its pensioners as per this OM and who, in turn, has requested your Department for sanction of additional funds required. We understand that many of the other Statutory Bodies/Autonomous Bodies have already implemented the orders contained in this OM and it is only the pre-2006 pensioners of Coffee Board have not got this benefit so far. We are really not able to understand why this kind of step-motherly treatment is being meted out to few sections of pensioners.
It is an earnest request to cause immediate implementation of the provisions of DoP&PW OM dated 6-4-2016 cited above in respect of pre-2006 Coffee Board Pensioners who had retired with less than 33 years of service, so as to ensure grant of full pension to such Pensioners from 1-1-2006 on par with other Central Civil Pensioners, by releasing additional funds requested by the Ministry of Commerce so that the consequential benefits, that have accrued to these pensioners as per DOP&PW OM dated 4.8.2016 issued in implementation of Government’s decisions on the recommendations of 7th Pay Commission – revision of pension of pre - 2016 pensioners/family pensioners etc.,- may be granted based on this revision.
Sub : Revision of pension of certain specified category retirees on southern Railway
in compliance of the recommendations of 5th Central Pay commission, the pension was fixed in terms of the gazette Notification No.RBE 133/97 of the Railway Board. The Railway Board issued orders again vide RBE 138/97 dated 16.10.1997 prescribing scales of pay for specified categories in Annexure B. Accordingly, Commercial Clerks, Commercial Inspectors, Ticket Collectors, Technical Supervisors, Depot Store Keepers, Station Masters, Yard Masters, Loco running staff etc are covered under specified categories for which specific scales of pay have been laid down
The above categories of staff in scale 1400-2300 during the 4th CPC, were fitted in scale Rs.5000-8000 in the 5th CPC in terms of Railway Board orders cited above. The retirees from these scales were given pension on the basis of these scales up to 2012. Suddenly, the railway administration reduced their pension to the level of common categories which were eligible for scale Rs.4500-7000. The excess payment made up to 2012 was also recovered from the pensioners. The reason given was that the pensioners were not eligible for the revised scales as they were not in service at the time of implementation of the recommendations of the 5th CPC. The petition here is to rectify this anomaly in view of Hon’ble Supreme Court dismissal of SLPs filed by the Railways against the verdict of Hon’ble Punjab & Haryana High Court in the cases of Agiaram and others Vs Union of India (SLP 29160/2012) and Darshanlal Bali & others Vs Union of India (SLP 22402/2014) and also CAT (Principal Bench) decision in OA No.655/2010 Which has also attained finality through Hon’ble supreme court.The case of KS Krishnasamy vs UOI ( SC judgement 23.11.2006) quoted by Rly Bd in their No F(E) III /2008/PNI/12 dated 04.12.2009 has become irrelevent after the two judgements i.e. Agiaram and others Vs Union of India (SLP 29160/2012) and Darshanlal Bali & others Vs Union of India (SLP 22402/2014) reached finality.
Since decision to confer the benefit of pension based on the post held at the time of retirement and not on the basis of scale of pay at the time of retirement has been made by the Hon’ble Supreme Court of India, any letter, circular or order issued by DOP & PW or the Railway Board in contravention of this decision is not legally tenable. Para 20 of the Punjab & Haryana High Court Judgment in Darshan Lal Bali V/s Union of India implies that all similarly placed pensioners should be given the benefit of the judgment.
It is therefore requested to issue necessary orders to set right the anomaly brought out.
Sub: Stepping-up of Notional Pension of PSU absorbees pensioners who had got 100% lump-sum in lieu of Pension for delinking of revised pension from qualifying service of 33 years.
i) DOP&PW OM No. 38/37/08- P&PW (A) dated-06.04.2016 reg delinking of revised pension from qualifying service of 33 years;
ii) CPAO OM No. CPAO/IT&Tech/Revision (Pre- 2006)/2016-17/8 Vol-VI/58 dated 13th June, 2016 and DP&PW ID No.38/6/16-P&PW-(A) dated- 13.05.2016 - referred to by CPAO in OM dated 13- 6-2016; and
iii) DOP&PW OM No. 4/38/2008-P&PW (D) dated 15-9-2008, 11-7-2013, 3-4-2013 and 17-2-2016 – regarding Restoration of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in Central Public Sector Undertakings/ Central Autonomous Bodies - Stepping up of notional full pension w.e.f 01.01.2006 for the purpose of Dearness relief and Additional pension for old pensioners.
We seek your kind intervention on a matter of serious concern to the old Pensioners, as the order of CPAO (cited above) has caused much frustration and shock among the PSUs absorbees due to unjust denial of the benefit of delinking of revised pension from qualifying service of 33 yrs inspite of restoration of 1/3rd commuted portion of pension. Details are :
Restoration of 1/3rd commuted portion of pension was done as per judgment of Supreme Court in respect of Government servants who had drawn lump-sum payment on absorption in Central Public Sector Undertakings/Central Autonomous Bodies and stepping up of notional full pension w.e.f 01.01.2006 was done for the purpose of Dearness Relief and additional notional full pension of absorbees pensioners was revised in accordance with the DOP&PW orders issued for revision of Pension of Pre-2006 Pensioners vide OMs dated 1-9-2008. 28-1-2013 and 30-7-2015 DR and Additional Pension were also made admissible on such revised notional full pension (with the approval of the President).
2. DOP&PW have issued the orders vide OM Dated 6-4-2016 delinking revised pension from qualifying service of 33 years for Pre-2006 Pensioners. But the Benefit of the same is being denied to these PSU absorbees.
3. CPAO, vide Para 3 of its orders dated 13-6- 2016 cited above, have directed that: “These orders (Dated 6-4-2016) are however, not applicable to those absorbees pensioners who had got 100% lump-sum in lieu of their monthly pension on absorption in PSUs etc. during the period 1973- 1995 and are eligible for restoration of only 1/3rd of their pension in respect of such absorbees pensioners. However, the absorbees pensioners, who are receiving full monthly pension would continue to be covered by the OM dated- 01.09.2008 and 06.04.2016 referred to above.”
4. This seems to be totally unjustified and against the policy decision of the Government as per judgment of the Supreme Court for restoration of 1/3rd commuted portion of pension in respect of Government servants who had drawn lumpsum payment on absorption in Central Public Sector Undertakings/Central Autonomous Bodies i.e. stepping up of notional full pension w.e.f 01.01.2006 for the purpose of dearness relief and additional pension for old pensioners.
5. In view of the above, it is requested that orders giving clarification may please be issued so that notional full pension of absorbees, who had got 100% lump-sum in lieu of Pension, be revised and “stepped-up” in accordance with the DOP&PW orders issued for revision of pension of pre-2006 pensioners as per OMs dated 6-4-2016. Similarly, Dearness Relief & Additional Pension be also made admissible on such revised notional full pension.
Sub:-Revision of pension of pre-2006 pensioners — Delinking of revised pension from qualifying service of 33 years.
Reference: DOP&PW OM No.38/37/08-P&PW (A) Dated 1-9-2008 & 6-4-2016
In reference to DOPPW / GOI orders cited above on delinking of revised pension from qualifying service of 33 years of Pre-2006 pensioners, we request you to please consider the following:
i). many pre-2006 pensioners with less than 33 years QS (Qualifying Service), particularly those retiring from PB 1 to 3, are drawing pension (with Pro-rata Cut) w.e.f 1-1-2006 AS PER Para 4.1 of OM dated 1-9-2008:
ii). The revised pension after the issue of OM dated 6-4-2016, in these cases, has now been restricted to minimum revised pension as per column 10 as per annexure to OM dated 28-1-2013 i.e. 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired;
iii) The above said consolidated pension is further subject to the proviso under Para 4.2 which stipulates that the revised pension so worked out under Para 4.1 shall not be lower than 50 % of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised scale from which the pensioner has retired. In other words, this is the minimum pension for a pre-2006 pensioner.
2.i) It is also pertinent to add here, that while “stepping up pension” the stipulation under Para 2 of the OM dated 28-1-2013 did not make any distinction between the pensioners drawing pension under Para 4.1 or 4.2 and stepping up applied in both the cases;
ii) Since the basic pension as on 31-12-2005 was linked with QS of 33 years (as per extant rules at that time) , these pensioners with less than 33 years QS were getting pro rata pension i.e. less than full pension. The basic pension as on 31-12-2005 being itself less, the revised consolidated pension after multiplication with 2.26 will continue to be less than the full entitlement;
iii) There is a need to notionally rework the basic pension as on 31-12-2005 discounting the effect of pro rata reduction to achieve full justice;
iv) It does not stand to reason that pensioners governed by the PRIMARY formula under Para 4.1 should be deprived of delinking their pension with less than 33 years and that the benefit of removal of pro-rata reduction of pension denied;
v) It is the revised pension of pre-2006 pensioners which is purported to be delinked from QS of 33 years as per OM dated 6-4-2016 and, therefore, it applies to both categories of pensioners whether their pension was fixed under Para 4.1 or 4.2.
3. In view of above it is requested that suitable orders may please be issued for revising pension of all Pre-2006 Pensioners sanctioned pension on prorate basis and grant full pension
Sub:Medical Pass facilities to retired railway employees at par with serving employees (CS- 15 E(W)/95/PS5-1/33 dt.06.08.99)
Though medical Pass facilities to retired railway employees at par with serving employees is permissible vide CS- 15 E(W)/95/PS5-1/33 dt.06.8.99 yet this facility is being denied because of ignorance of pass issuing authorities and the Station managers/Stn superintendents/Station masters.
It is therefore, request you to please reiterate the said correction slip 15 to railway servant pass rules schedule Vii item1.
Item no 8
Extension of CGHS facilities to all serving and retired officials of Statutory and Autonomous Bodies - removal of differential treatment of according facilities to some organisations and denying to others - all classified under Statutory and Autonomous Bodies.
The Govt.of India provides health care to all its serving employees including its Statutory and Autonomous Bodies employees and their families. The healthcare is also extended to the retired employees including those from certain Statutory / Autonomous Bodies pensioners like Indian Council of Agriculture Research New Delhi, Indian Agricultural Research Institute New Delhi, Council of Scientific and Industrial Research New Delhi, Indian Council of Medical Research New Delhi, NCERT New Delhi. In some cases like KVS & Red cross the Govt. extends CGHS to its retired employees in Delhi NCR leaving out retired employees at other locations. In some other case like ISRO, separate arrangements similar to CGHS are made for their retired employees and families.
In certain other cases like Coffee Board, Rubber Board, Spices Board, Tea Board, Tobacco Board, Central Silk Board, IIM, KVIC and NCSM,retirees &families, healthcare scheme is non-existent
All these employees of the above organizations are Central Govt employees and their pay and allowances and retirement benefits are governed by the Central Government, then why this discrimination in heath care. The retired employees of these organisations especially the lower strata are facing enormous difficulties. Some are suffering with various serious ailments who in the absence of affordable healthcare are dying untimely.Sir, this is a small group which constitutes less than 0.1% of total pensioners& can be covered by existing health schemes. It is requestedto consider this aspect humanely andto take corrective action.
Secy Genl BPS