Secretary General’s draft report for the approval of 64th BPS AGM to be held on 22.11.2019 atNew Jalpaiguri (WB)
Distinguished guests, BPS office
bearers & Managing Committee members, Delegates, Brothers &Sisters.
Itis my absolute pleasureto welcome
you all to this 64th AGM of Bharat Pensioners Samaj Federation here at New
Jalpaiguri. I seek your kind permission to submit my brief yearly report for
the approval of this august house.
Our very successful 63rd AGM was
held at Vizag on 29.11.2018. I, on behalf of BPS and the host NFRPA New
Jalpaiguri, express my sincere thanks to all of you for coming all the way from
different parts of the country to New Jalpaiguri.
Comrades,
As
youall know, Bharat Pensioners Samaj All India Federation of pensioners,
popularly known as ‘BPS’ was established in 1955 by Justice late Shri Shankar
Saran (Retd) of Allahabad High Court as a non-political, non-profitable,
Secular organization based in New Delhi. It isregistered with registrar of
Societies Delhi as well as with NITI AYOG. BPS is one of the identified
Federation/Association of GOI M/O Personnel, PG and Pensions-DOP&PW and is
also an associate NGO of IFA(International Federation on Ageing)Toronto-Canada.
BPS is the apex body
of all Central Government (including Railways & Defence), State Govt(s),
Autonomous Bodies, PSUs, BSNL , EPS 95and NPS Pensioners having a reach to
about 20 lac pensioners/Sr citizens through its Affiliated/Associated
Associations, Federations, Individuals and MOU partners (AIFPA Chennai, NFRP
Palakkad -Kerala) from across the country. Pursuing just Demands&
grievances of pensionerscommunity in areas relating to pension, health-care,
security and dignity, seeking redressal through negotiations, discussions and
Advocacy to implement Government Policies for the welfare of Pensioners and
application of courtjudgements relating to Pension, health & dignity issues
to all similarly placed on reaching legal finality.
BPS has been actively
engaged in publication of Monthly Journal called ‘Bharat Pensioner’, Special
Compendiums of value to pensioners and publishing of e books.
Liaison and advocacy
in pension and health related areas are of paramount interest to BPS. Disseminating
information widely via web resources, blogs, face-book,Twitter, WhatsApp,
Monthly Journal etc are few of its specialities.
‘Bharat Pensioner’ continues to provide wide
range of information in print as well as in Digital form.BPS has become the first
Pensioners Organization to publish ase. Book its monthly magazine and
Pensioners Handbooks. Handbook 2018 revised 2nd edition&e-magazines
are available on Amazon.in-kindle storewhich can be downloaded for a price to
your android Smart Phone and read in free software amazon-kindle. Alongside,
we have developed mechanism to constantly review our failures and to make
improvements.
BPS continues toprovide
solid platform to various Pensioners Organisations to present the demands and
grievances of the pensioners/family pensioners.Pay commission to pay commissionBPS
has been instrumental in getting several benefits to Pensioners.Organization
has been continuously striving for the betterment of Pensioners & family
pensioners.
Ladies
& Gentlemen, here I share with you updates on few of the many issues taken
upduring the period under report and current status of these issue:
1.
Merger of 33 postal dispensaries with CGHS: After years of struggle issue is
finally resolved merger is in progress.
2). GP 4200/- to 4600/ to those retired from 5th
CPC scale of Rs 6500-10500. It took us more than 8 years, but we could resolve
it . This has come through negotiations outside the court & not through
courts. Final revised concordance Tables 24 & 25 have been circulated by
DOPPW on 09.07.2019.
3).7th CPC benefit to autonomous bodies i.e.
Coffee board,Tea board etc: The issue is fully resolved.Revised pension as
well as arrears have been paid to beneficiaries.
4). Streamlining Pension rules i.e. conversion of
all Notification/Circulars/OMs into Rules: BPS request has been accepted by
DOPW.One Director level consultant has been engaged for this specific work.
Work has started. May take some time to complete.
5)Amendment to definition of family to
include widowed daughter in law: BPS has represented that under
Hindu adoption and maintenance Act1956 Section 19,21(vii) &Section 22(1)
subsection(2) provides that after the death of her husband Daughter-in-law
becomes dependent of father-in-law who is responsible for her maintenance&
wellbeing as a family member. After the death of father in Law her liability as
dependent family member passes on to mother-in-law as such she should be
included in the definition of family. Issue is currently under examinationof
DOPPW.
6).Scraping of
FR56 (a) : BPS has represented that In the year 1973-74 FR 56 (a) was
introduced for accounts and administrative convenience, but it has been proved
to be a tool of financial punishment to a large number of loyal retiring
employees for the mere fact that due to no fault of theirs, they happen to born
on 1st January /1st July. It is legally established fact that the person who is
made to retire on the last day of the preceding month in which he attains 58/60
yrs remain on Govt books as an employee till midnight of last day of preceding
month and becomes pensioner only on the first day of the next month. But for FR
56 (a) all these persons would have availed all benefits falling due on 1st of
Jan & 1st of July. Thus, through FR 56(a) employer i.e. GOI is causing
pecuniary loss to its employees. In other words, GOI as an employer is
punishing a group of employees without giving them chance to explain. Thereby
GOIis violatingRules of natural justice .FR 56(a) is a punitive tool and
should be scraped/amended.Presently DOPTgiving reference DLA has wrongly
closed the case. However, we have submitted an appeal against closure of the
issue without resolving it.
HIGH
COURT OF DELHI in their judgement on 23.10.2018 in
W.P.(C)9062/2018&C.M.No.34892/2018 UNION OF INDIA & ORS. Versus G.C.
YADAV in Para 3 says, “ The date of
birth of the respondent is 01.01.1956.Considering that the age of retirement/
superannuation is 60years, he attained the said age on 31.12.2015 .As per the
petitioner, the subject of retirement is governed by FR 56 in chapter 9 of the
FR/SR. The said chapter deals with
retirements.
FR 56 in so far as it is relevant, reads as follows: “F.R.56(a)Except as
otherwise provided in this rule, every Government servant shall retire from
service on the afternoon of the last day of the month in which he attains the
age of sixty years: Provided that a Government servant whose date of birth is
the first of a month shall retire from service on the after the Honourable
court has futher noon of the last day of the preceding month on attaining the
age of sixty years.”
has
further observed in Para 11 “we are of the considered view that the respondent
could not be considered to have superannuated/ retired on 01.01.2016, and he
could not be treated as post 2016 pensioner. We are of the view that the
impugned order passed by the Tribunal cannot be sustained and is liable to be
set aside. 11. Firstly, we may observe that since the date of birth of the
respondent is 01.01.1956, he attained the age of 60 years i.e. the age of
superannuation on 31.12.2015. The respondent appears to be reeling under the
impression that he attained the age of 60 years only on 01.01.2016, which is
not correct. On 01.01.2016, the respondent entered in to the 61st year of his
life, having completed his 60 years on 31.12.2015.”
such a situation is not
contemplated - in the case of persons
holding constitutional offices like, Judges of Supreme Court, High Court
Members of Election Commission, Comptroller and Auditor General etc.Who too are govt. servants but enjoy immunity
to FR 56 a and retire in the forenoon of their actual date of birth
thereby right to equality under Article 14 is violated in case of other govt.
employees who for no fault of their were born on 1st of the month as they are
made to retire on the last day of previous month. Thus FR 56 A need to be
amended or scraped.
7). One Notional increment to those retired on 30th
June/31st December completing 365days working: Presently issue is
sub judicial as several cases are pending in different courts. But unless FR 56
(a) is scraped or amended it may not be possible to get favourable decision
applicable to all similarly placed.
Because
Hon’ble High Court of
Andhra Pradesh at Hyderabad in year 2005, in C. Subbarao case, has inter-alia
observed as under: observed that Increment is given
(See Article 43 of CS Regulations) as a periodical rise to a Government
employee for the good behavior in the service. Such increment is possible only
when the appointment is "Progressive Appointment" and it is not a
universal rule. Further, as per Rule 14 of the Pension Rules, a person is
entitled for pay, increment and other allowances only when he is entitled to
receive pay from out of Consolidated Fund of India and continues to be in
Government service. A person who retires on the last
working day would
not be entitled for any increment falling due on the next day and payable next
day thereafter (See Article 151 of CS Regulations), because he would not answer
the tests in these Rules.
8) Revision of pension of pre 2016 retired running staff:
On13.7.2019 A delegation of BPS led by Secy Genl BPS
met Member staff Railway Board and discussed Revision of Pension of pre- 2016 Rly Running staff Pensioners:
MS was apprised that it is over 18 months this simple issue is under
examination of Rly Board shuttling the file between DOP &PW, DOE & the
Board. Notional pay PC to PC for pensioners is worked out assuming that the
person has not retired, as such in their case too basic rule for fixation of
pay PC to PC as is done for the Running Staff in service need to be followed as
has been done in the case of all others pre 2016 pensioners.
There appeared to be some confusion at top level about adding 55% of
last basic pay to arrive at retirement emoluments, which has been
satisfactorily explained.
BPS has been pleading that their pension shouldbe revised
on notional pay basis in the same way as it is being revised in case of all
otherpensioners i.e. their notional pay be worked out PC to PC as the pay of
running staff in serviceis fixed PC to PC up-to 6th CPC and to this notional
pay as on 31.12.2015 pay element of 55% should also be added to arrive at
retirement emoluments 50% ofwhich should be revised Pension.
9).Benefit
of MACP w.e.f. 1.1.2006- Delhi High Court on
1.5.2019 in WP (C) No. 3549/2018 (Sunil Kumar Tyagi, BSF Vs UOI) held that entitlement to MACP benefit accrues
from the date of completion of 10/20/30 years and NOT from 1.9.2008.Earlier the
Supreme Court on 8.12.2017 in Union of India Vs Balbir Singh Tun (Civil Appeal
Diary No. 3744/2016 had held that MACP is effective from 1.1.2006 as per 6th
Pay Commission recommendation, as it forms part of Pay and NOT allowances.
Ministry of Defence issued orders on 25.07.2018 to implement the SC judgment
but the DoPT / MoF did not issue similar orders for the civilian employees. Now
in view of DHC judgement dated 01.05.019 DOPT & DOE have been requested to
review the case. And tio issue necessary implementation
10)
Health Insurance
Scheme for pensioners including those residing in Non CGHS area to supplement CGHS: For the
last 10years we are insisting on MOHFW to implement 6th CPC
recommendations in this regard.On 12/7/2016 in Lok Sabha MOS HFW Sh Ashwani Kumar has stated that
Ministry of health &Family Welfare has framed the draft health Insurance Scheme. OPD
facilities are not covered under the proposed scheme. The draft scheme has been
sent to the Department of Expenditure, Government of India, for appraisal and
approval of the financial feasibility of the scheme.
11). Smart card for Rly RELHS beneficiaries for
cashless treatment in emergencies: Right from 2007 BPS has been demanding PAN
India Smart card for cash less treatment of RELHS beneficiaries. In Feb 2008
Rly Board launched smartcard in DELHI NCR as a Pilot project under N.Rly which
was extended year to year till August 2011.After much persuasion, In July 2012
a similar Scheme was launched for all Metros, State capitals and Zonal
Headquarters which could be implemented only in Eastern Railways. Again, after
repeated representations in July 2016 the then Rly Minister with much fanfare
launched as pilot project CTSE Smartcard for cashless treatment in emergencies
as an addon to RELHS card on payment of ward based additional contribution. The
scheme was full of glitches even for
registration.After much nagging major glitches were removed. In2018 Scheme
started taking offbut at very slow pace because of confusions and some
glitches. On BPS persuasion scheme has been made PAN India w.e.f. Jan 2019 but
some glitches & confusion still exist. Still it takes up-to over six months
to get a CTSE card .BPS is constantly chasing the issue at Board level to make
the scheme user friendly.
12). Replacement of RELHS card of Rly pensioners
with Smart Card-Launching of UMID – KAIZALA:In 2019 April UMID Scheme has been
launched by CRB . However, several glitches at registration level need to be
rectified. Chat Aap KAIZALA associated with UMID is proving to be of no use as
no Rly Doctor is responding on KAIZALA.Several divisions have not yet been
opened for registration. There is difficulty in uploading Photo and other
documents of wife/ dependents. Also there is no provision for resubmission of
application if rejected.
UMID for registration fetches Pensioners data from
ARPAN, several Zones/ Divisions have not yet uploaded Pensioners data on ARPAN
as such there is difficulty in their registration. Software accepts only
14digit revised 7th CPC PPO No but still over one lac Rly Pensioners
PPOs are not generated.
13). Expansion of the facility of digital life
certificate to the department of POST and Treasuries and expansion of the
period of submission to Month of October &Nov instead of only Nov.Also
roping in more Associations to provide this service to pensioners against
payment of Rs 40/ per certificate &providing necessary instruments for this
purpose.
Orders
have been issued to the effect that 80 years and above pensioners can submit
Digital life certificate from 1.10.019 to 30/11/19
All others will submit DLC from 1.11.to 30 /11/19
facility is extended to Post offices. DPPW has purched new instruments and has
supplied to few more Association (Federation)
14). Benefit of Charge allowance in 7thCPC:
BPS has represented that
Charge allowance
should be reckoned as Pay for the purpose of pension, gratuity, DA/HR as
defined in Rule 1303 (FR 9)(21)(a)(i)R-II(6th edition) as such its advantage in
7thCPC should be given without further delay to all those who were in receipt
charge allowance before their retirement orders have been issued to treat
Charge allowance as officiating pay wef1.1.2017. orders for others are awaited.
15). Taxation of pension: For the past several years
BPS has been representing for exemption of Pension from income tax. : Inthis
year’s budget some relief has come for those whose taxable income is 5lac or
less. We are continuing to pursue this issue.
16) Issue
of post retirement passes online to Railway beneficiaries. Right from 2009 BPS
has been representing that Post retirement passes to Rly Pensioners be issued
on line with facility of reservation online, file has been shuttling between
Rly Board &IRCTC .We raised this issue before MS on 13.9.019 who assured of
positive action.
17) Extension of benefit of court
judgments to all similarly placed. Forover one decade quoting S C judgments we
have been insisting with no success that once an issue attains legal finality
it should be implemented in case of all similarly placed. Now indications are
coming that Judgements in REM may be considered for implementation to all
similarly placed.We need to build up more pressure on this issue.
Comrades, today, BPS and its alleys are
faced with several challenges concerning financial security, health care &
social security of Sr Citizens, pensioners and family pensioners. The economic slowdown
which has very badly struck the pensioners as well as their Associations and
Federations is the new challenge. Pensioners todayappear to be more satisfied
and have started avoiding pensioners Associations forgetting that what they
could get so faris because of the struggle by Pensioners Federations and Associations.
In future too their interest regarding health care, continuously falling
purchase power of their pension and security of their deposits in banks/post
offices etc will be protected by Federations & Associations only. To meet
these and other challenges, our mission is toeducate the pensioners about
continued relevance of Pensioners Federations and Associations & to bring
together65lac of CG pensioners, 80 lac state pensioners, 60 lac EPS pensioners and
over 8lac of PSUs Pensioners on a single platform for ensuring their welfare
with respect to Financial security, Health care & Social security which
will always remain relevant for all retireeswhether belonging to NPS,EPS or to
the old pre 2004 pension Scheme.
As a step towards this goal, BPS & its MOU Partners, AIFPA &
NFRP have come together to strivejointly & severally for common issues. BPS
believes in resolving pensioners issues through negotiations, discussions and
advocacy which needs consensus, mobilization of opinion to speak in one voice
(Which can be achieved by first sharing the draft representation on each issue
with MoU partners,affiliates and members through WhatsApp, Facebook , Twitter,
Blogs, Websites etc and taking into account the mass opinion the final
draft should be circulated among
ourselves so that everyone represents similarlyene-mass on each issue limiting representation
to one page only). Remember, backing of vote power of retired persons can act
as a powerful pressure tool.
There has been a vast change in the scenario over the last decade.
Internet savvy number of Pensioners & family Pensioners has gone up
considerably. Now Social media, digitalization and mobile connectivity has
provided a very strong platform through which Sr citizens and pensioners can
mobilize themselves &can make their presence felt in country’s electoral.
In the coming days with our dedicated team of office-bearers & staff, our endeavour
will be to use these modern methods more effectively for consolidating our
electoral strength to make our voice heard.
Thanking you,
Jai hind
Er S C Maheshwari, Secy Genl BPS
{Former
Divisional Engineer, C.Rly (BSL Division)
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