Periodical review of performance of Government servants under FR 56 Rule 48 of CCS Pension Rule

Periodical review of performance of Government servants under FR 56 Rule 48 of CCS Pension Rule

No.25013/1/2013-Estt (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001
Dated :21 st March, 2014

Office Memorandum

Subject : Strengthening of administration — Periodical review under FR 56 / Rule 48 of CCS(Pension) Rules

Instructions exist on the need for periodical review of performance of Government servants with a view to ascertain whether the Government servant should be retained in service or retired from service in the public interest. Provisions in this regard are contained in FR 56 0), FR 56 (I) and Rule 48 (1) (b) of CCS(Pension) Rules, 1972.

2. As per these instructions the cases of Government servant covered by FR 56(j), 56(1) or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should be reviewed six months before he / she attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of 30 years of qualifying service under FR 56(1) / Rule 48 of CCS(Pension) Rules, 1972 as per the following time table:-

3. The procedure as prescribed from time to time has been consolidated and enclosed as Appendix to this O.M.

4. All Ministries / Departments are requested to follow these instructions and periodically review the cases of Govt. servants as required under FR 56(j)/FR56(1)/Rule 48(1)(b) of CCS (Pension) Rules,1972.

(B.Bandyopidiway)
Under Secretary to the Government of India

Minutes of the First meeting of the Pay Commission Committee of OFB

Minutes of the First meeting of the Pay Commission Committee of OFB
Minutes of the 1st meeting of the Pay Commission Committee (PCC) held in the Conference Room with the representatives of the Federations and Associations at 11.00 hours on 26.02.2014.

List of those present in the meeting is annexed.

1. At the outset, Smt. Arti C.Srivastava Member – Secretary extended a warm welcome to all the invites. Member-Secretary further informed that a Pay Commission Cell (PCC) had been constituted under the chairmanship of Shri.Aidtya Mishra Sr.DDG/CP at OFB Hqrs to initiate deliberations and invite suggestions from all the stakeholders. Three preliminary meetings of the PCC have already been held. The meeting with the representatives of the Federations and Associations has been convened, as a part of the series of the meetings proposed to be held with all stakeholders to formulate views on various issues. A portal has also been launched on the OFB COMMENT to seek views of the officers, staff and employees on matters concerning 7th Pay commission and the General Mangers/Head of the Units have also been required vide Letter dated 14.02.2014 from the Chairman, PCC to have wide-ranging consultations in this regard and communicate their views and recommendations in the matter.

2. The Chairman of PCC, Terms of Reference ToR of the 7th Pay Commission are yet to be framed. However, at this stage, it is desirable if we pro-actively initiate all preparatory actions and crystallize our views and recommendations so that the same could be collated and compiled in the form of a comprehensive presentation before the pay commission at the appropriate time. Particularly, views are being sought on the methodology to the followed by the PCC, issues to be projected before the 7th Pay Commission and the areas/material/data to justify special considerations to the OF organisation vis-a-vis other organisations/cadres. In this connection, Chairman, PCC highlighted that issue relating to anomalies arising for the organisation, uniqueness about OFB, best practices in manufacturing sector, structural and policy limitations of the current system and the emerging ethos in line with other organisation could be deliberated. Therefore, Chairman, PCC invited representatives of the Federations and Associations to share their views in the matter.

3. From the views offered by the representatives of the Federations/Associations, it emerged that detailed proposals can be prepared only after the Terms of Reference (ToR) of the 7th CPC are finalised. The representatives of each Federation/Association however briefly raised the issues which would merit detailed consideration/deliberations at a later stage. Also based on the experience of the previous pay commission, it was proposed that :

1. it should be impressed upon the 7th CPC that the Ordnance Factories Organisation as an Industry has a different role to play and that its working is different from other Central Government Deptts. with employees working under hazardous conditions and hard stations.

2. All Cadre review proposals to be finalised immediately.

3. Anomalies arising out of the 6th Pay commission be settled.

4. Categories found to be not adequately taken care of in the 6th Pay commission be given thrust.

5. Recast skills, functions, roles of employees and pay structure to bring parity among various categories.
6. Outstanding of activities to be discouraged.

7. OFB to take lead in interacting with 7th CPC as done on earlier occasions.

4. After detailed discussions, it emerged that pending finalisation of the Terms of Reference of the 7th pay commission by the Government, certain issues summarised below, were required to be addressed and the views concretised to establish a platform for formulating clear and effective recommendations on various issues :

i. Early finalisation of all cadre review proposals – Action by DDG of the respective Cadre Controlling Authority Division

ii. Settlement of anomalies arising out 6th Pay commission – DDG/Admin, DDG/G&DDG/IR (for ii, iii and iv and v)

iii. Examine issues which have resulted in litigations

iv. Policy issues which require immediate consideration

v. Strengthening of the PPC Cell at OFB Hqrs.

5. The meeting ended with thanks to the Chair.

sd/-
(Smt. Arti C.Srivastava)
Member Secretary

Minutes of the First meeting of the Pay Commission Committee of OFB

Source : INDWF

Mobility of personnel amongst Central/State & Autonomous Bodies while working under Pensionable Establishments

F25014/1/2013-AIS(II)
Government of India
Ministry of Personnel, P.G. and Pension
Department of Personnel & Training
North Block, New Delhi,

Dated: 18 /03/2014

To
The Chief Secretaries of
All States/Union Territories.

Sub: Mobility of personnel amongst Central/State & Autonomous Bodies while working under Pensionable Establishments — regarding.

Sir,

I am directed to refer to the Department of Pension & Pensioner’ Welfare by its O.M. No. 28/30/2004-P&PW(B) dated 28/10/2009 (copy enclosed) relating to mobility of personnel amongst Central/State and Autonomous bodies while working under Pensionable establishment & The applicability of the provisions/ guidelines of the aforesaid O.M. dated 28/10/2009 to members of All India Services who have been appointed on or after 01/01/2004 were considered by this Department and it is clarified that the provisions of the aforesaid O.M. dated 28/10/2009 issued by the Department of Pension & Pensioners’ Welfare in this respect shall be applicable Mutatis-Mutandis to members of All India Service who were a government servant/autonomous body employee appointed on or before 31.12.2003 and who were governed under the old pension non-contributory Pension scheme of their respective Governments/Organizations.

2. Hence, all concerned State/UT Governments and respective cadre controlling authorities of All India Services may examine and decide such issues subject to verification Of service prior to 01.01.2004.

Yours faithfully,
sd/-
(Manoj Kumar Dwivedi)
Director(Services)

Source: www.persmin.nic.in

Madras HC upholds CAT order, says pension a statutory right

Madras HC upholds CAT order, says pension a statutory right
Upholding a Central Administrative Tribunal rpt Tribunal order, the Madras High Court today said right of government servants to receive pension is not a bounty and it is a statutory right conferred under the pension rules applicable from the date when the government servant was appointed, either on daily wage, temporary or permanent basis.
A Division Bench, comprising Justice N.Paul Vasanthakumar and Justice M.Sathyanarayanan was dismissing a writ petition filed by Ministry of Atomic Energy, and Indira Gandhi Centre for Atomic Research (IGCAR), Kalpakkam challenging the order passed by Central Administrative Tribunal.
In its order, the bench said it was an undisputed fact that the 16 petitioner employees had been appointed as casual labourers and subsequently conferred temporary status from December 31, 1999.
“.. merely because they have been absorbed permanently in the year 2005 in Group ‘D’ service, they cannot be denied of their statutory right,” the court said.
Earlier CAT had allowed the original application filed by the 16 employees to extend the benefit of pension under old Pension Scheme, Central Civil Service (Pension) Rules, 1972 as they were granted temporary status with effect from December 31, 1999 on conditions, among others, that 50% of their service rendered under temporary status would be counted for the purpose of retirement benefits after their superannuation.
his was challenged by IGCAR, stating that persons who joined in service on or after January 1, 2004 were governed by the new pension scheme. The CAT rejected it following which IGCAR filed the present petition.
IGCAR had engaged 50 Casual labourers for cleaning and assisting Technicians and Scientists Carrying out the task in various laboratories of IGCAR. Out of 50, 34 casual labourers were regularized prior to January 1,2004.
The court said a person already in service either as contingent staff or temporary staff continuously and absorbed in permanent establishment on or after Jan 1,2004 cannot be termed ‘new entrant’ into service. The new pension scheme can be applied only to persons appointed for the first time as casual or temporary or permanent employee on or after January 1,2004.
The bench clarified that the 50 casual employees appointed by the IGCAR being a class, there cannot be any classification within them, subsequently made as temporary employees and absorbed as Group ‘D’ employees.
While quoting Supreme Court Judgements the bench said these 16 employees cannot be treated as ‘Fresh appointees’ for the purpose of applying new pension scheme and upheld the order of CAT while dismissing the petition from IGCAR.
Madras HC upholds CAT order, says pension a statutory right 
Source : The Economic Times

Additional Relief on death/disability of Government servants covered by NPS

Additional Relief on death/disability of Government servants covered by NPS
KENDRIYA VIDYALAYA SANGATHAN
I8-INSTITUTIONAL AREA,
SHAHEED JEET SINGH MARC,
NEW DELHI -110016

F.No.110126125/2012/KVS-NPS /PF

The Deputy Commissioner,
Kendriya Vidyalaya Sangathan,
Regional Office, Bhopal

Dated :20-03-2014

Subject : Additional Relief on death/disability of Government servants covered by the New Defined Contribution pension system (NPS)-regarding.

Sir,
I am refer to your letter No. F.140230/13-14/KVS/BPL/A/C/Pension/185 dated 13/15-01-2014 on the captioned subject to inform you that the instruction contained in the following circulars/letters which are enclosed shall mutatis-mutandis be applicable to the employees of KVS for payment of benefits under New Pension Scheme :

(a) KVS (HQ) New Delhi letter No F. 110239/51/Cir./2012/KV(Budget) dated 17/28.05.2012 forwarding GOI Dept. of P & P.W., OM No 38/41/06- P&PW(A) dated 05.05.2009.

(b) GOI M.F., 0.M. No 1(7)/DCPS(NPS)/2009/TA/221 dated 02.07.2009 read with corrigendum No F.Nol (7)/DCPS(NPS)/2009/TA/336-396 dated 29.09.2009.

You are requested to settle the claims in respect of NPS subscribers duly following instructions contained therein.

This issues with the approval of Commissioner.

Yours faitfully,
sd/-
(M.Arumugam)
Joint Commissioner (Fin)

Source: www.kvsangathan.nic.in

Closing of Central Government Offices in connection with General Elections

Closing of Central Government Offices in connection with General Elections
MOST IMMEDIATE

P. NO. 12/7/2014-JCA 2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi

Dated the 21st March,2014

OFFICE MEMORANDUM

Subject: Closing of Central Government Offices in connection with general elections to the Lok Sabha and State Legislative Assemblies and Bye Elections to Legislative Assemblies during 2014.

The undersigned is directed to say that in connection with the general elections to the Lok Sabha and State Legislative Assemblies of Andhra Pradesh, Odisha & Sikkim and Bye Elections to Legislative Assemblies of some States, scheduled to be held in 2014, the following guidelines, already issued by DOPT vide OM No. 12/14/99-JCA dated 10th October, 2001, have to be followed for closing of the Central Government Offices including Industrial Establishments in the States:-

(i) The relevant offices/organizations shall remain closed on the day of poll in the notified areas where general elections to the Lok Sabha and State Legislative Assembly are scheduled to be conducted.

(ii) In connection with bye-election to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization/Industrial Establishment located outside the constituency having a general/bye-election.

2. The above instructions may be brought to the notice of all concerned.

Sd/-
(Ashok Kumar)
Deputy Secretary(JCA)

Closing of Central Government Offices in connection with General Elections

Source : DOPT

Computation of reservation — implementation of the judgement of Hon’ble Supreme Court

Computation of reservation — implementation of the judgement of Hon’ble Supreme Court
COURT MATTER
TIME BOUND

No.36012/24/2009-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 20th March, 2014

OFFICE MEMORANDUM

Sub: Computation of reservation — implementation of the judgement of Hon’ble Supreme Court in the matter of Union of Inida & Anr. Vs. National Federation of Blind & Ors

In pursuance of the judgement dated 08.10.2013 of the Hon’ble Supreme Court in the matter of Civil Appeal No.9096 of 2013 [arising out of SLP(civil) No.7541 of 20091 titled Union of India & Anr. Vs. National Federation of Blind & Ors, this Department issued O.M No. of even dated 3RD December, 2013 modifying para 14 of this Department’s O.M dated 29.12.2005 to the following extent:

“Reservation for persons with disabilities in Group ‘A’ or Group ‘B’ posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in all the Group A posts or Group posts respectively, in the cadre”.

2. It was also requested to compute number of vacancies available in all the cadres under their control including attached offices, subordinate offices, public sector undertakings, Government Companies, Cantonment Board, etc. in the aforesaid manner and further identify the posts for disabled persons within a period of three months from the date of judgement (8.10.2013) and implement the same without default. The Hon’ble Supreme Court directed that non-observance of the provisions of reservation for persons with disabilities shall be considered as an act of disobedience and the Nodal Officer concerned in Department /Public Sector Undertakings/Government Companies responsible for proper strict implementation of reservation for persons with disabilities be departmentally proceeded against for the default.

3. Vide this Department’s OM of even number dated 24th February, 2014, it was informed that the Petitioner i.e. National Federation of the Blind has filed an application in the Hon’ble High Court of Delhi and the Hon’ble High Court has directed to file a status report giving details of steps taken to implement the judgement of the Hon’ble Supreme Court including the appointments made, if any. Owing to inadequate response from the appointments made, if any. Owing to inadequate response from the Ministries/Departments, progress report on implementation of the judgement of the Hon’ble Supreme Court could not be placed before the Hon’ble High Court during the last hearing held on 12th March, 2014. The Hon’ble High Court of Delhi has given three weeks time to file the status report which has to be complied with.


Credit to CGHS Beneficiaries in Empanelled Private Hospitals to Continue

Credit to CGHS Beneficiaries in Empanelled Private Hospitals to Continue
Government of India
Ministry of Health and Family Welfare
Department of Health and Family Welfare
Nirman Bhawan, New Delhi

PRESS RELEASE

CREDIT TO CGHS BENEFICIARIES IN EMPANELLED PRIVATE HOSPITALS TO CONTINUE

There have been reports in the Media that private hospitals on the panel of CGHS are denying credit facilities to the eligible CGHS beneficiaries for delay in settlement of hospitals bills. Lower package rates and inadmissible deductions etc. have also been reported to be the other reasons for withdrawal of agreed cashless /credit facilities.

24 out of 407 Private hospitals empanelled under CGHS decided unilaterally to discontinue credit facility to the eligible categories of CGHS beneficiaries. Show Cause Notices stand issued to these Hospitals and the empanelment of five Hospitals has been suspended for a period of six months or till further orders, whichever is earlier.

In this regard, the CGHS beneficiaries are advised not to be guided by misleading information as most of the private hospitals are continuing to extend the cashless facilities to the CGHS beneficiaries. The Ministry of Health and Family Welfare will ensure that the CGHS empanelled private hospitals continue to extend cashless /credit facilities to the eligible CGHS beneficiaries in compliance with the terms and conditions as laid down in the Memorandum of Agreement signed by them with CGHS.

Ministry of Health and Family Welfare has already taken special steps for clearance of pending hospital bills on a priority basis and the pendency of bills is almost cleared.

CGHS has already invited bids for revision of package rates through a transparent tender process, where the last date for submission of bids was 16th March, 2014. Steps are underway to conclude the tender process early.

Credit to CGHS Beneficiaries in Empanelled Private Hospitals to Continue

Compassionate appointment to the wards of Medically decategorised staff and grant of pension

Compassionate appointment to the wards of Medically decategorised staff and grant of pension
In a reply to the General Secretary, NFIR ,on the issue of granting Compassionate appointment to the wards of Medically decategorised staff and grant of pension,  the Railway Board informed that  ‘the matter is being examined further in consultation with various Directorates of Railway Board and  it will take some more time to finalise its feasibility of the acceptance’

GOVERNMENT OF INDIA (BAHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MATRALAYA)
RAILWAY BOARD

No.E(NG)I-2011/RE-3/2

New Delhi, Dated: 13.3.2014

The General Secretary
National Federation of Indian Railwaymen
3,Chelmsford Road,
New Delhi-110055

Sub:- Acceptance of voluntary Retirement request of Medically decategorised staff with less than 20 years Qualifying service – Grant of Compassionate appointment to the wards of such staff and grant of pension

The undersigned is directed to refer item No.12/*52011 raised by the staff side in DC/JCM meeting. It was decided in the meeting held on 26th and 27th June,2012 that “Staff Side wants to review this” accordingly the matter is being examined further in consultation with various Directorates of Railway Board. It will take some more time to finalise its feasibility of the acceptance.

Yours Faithfully
Sd/-
For Secretary, Railway Board

Source : NFIR

PCDA clarification on revising Family Pension in respect of PBORs

PCDA clarification on revising Family Pension in respect of PBORs
OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)

DRAUPADI GHAT, ALLAHABAD- 211014

MOST IMPORTANT CIRCULAR

Circular No. 525

Dated: 24.02.2014

Subject: Implementation of the Govt. decision on the recommendations of Committee on the issue related to Defence Service personnel and Ex-Servicemen —For pre-2006 commissioned Officers.

Reference:-This office circular No. 494 dated 19th March 2013 and Circular No. 503 dated 17th January 2013.

PDAs are aware that as per this office circulars cited under reference, Family pension in respect of PBORs will be revised by PDAs as per tables attached with above cited circulars. It has been observed that various PDAs feel difficulties while revising pension.

Clarifications on some of the major problems are given as under

(1) The Enhanced rate of OFP has been revised w.e.f 1.1.2006 in r/o pre-2006 family pensioner vide this office circular no 494 dated 19th march 2013. This rate of family pension is payable w.e.f 1.1.2006 to 23.09.2012 and thereafter according to this office circular no 503 dated 17 Jan 2013. The enhanced rate of OFP rate for the rank of Hony rank such as Hony Naik, TS Naik, Hony Havidar and Hony Nb sub is not given in this circular no 494 dated 19.03.2013. It is hereby clarified that since Hony. Rank of Naik, Havildar and Havildar holding Hony Rank of Nb Sub draw pay in pay scale of Sepoy, Naik and Havildar respectively, therefore, they are entitled for modified parity with reference to substantive rank held at the time of retirement / discharge / invalidment except for the Naik (TS) who draw Pay Scale of Naik and therefore entitlement for modified parity will refer to Naik Rank.

(2) A pensioner who had retired with the rank and granted ACP-I will be eligible for revision of pension of next higher rank, and, ACP-II will be eligible for revision of pension of next higher rank of ACP-I w.e.f. 24.09.2012 as per circular no. 501 .Therefore, PDAs are authorized to revise Ordinary Family Pension (Enhanced Rate and Normal Rate, Special Family Pension, Liberalized Family Pension) on the same analogy as applicable to the pensioners/ family pensioners of the Service Pension of the above mentioned category.

(3) Ordinary Family Pension (Enhanced Rate and Normal Rate) for NCs (E) is not given in circular no. 502. It is clarified that rate of OFF may be revised according to lowest rank and group.

(4) Revision of Family Pension of DSC: Ordinary /Special/ Liberalized Family Pension for NOK of DSC personnel are not provided in this office Circular no 502 and 503 dated 17.01.2013. The family pension of DSC personnel who are in receipt of family pension for DSC service only is to be revised on the same rates as given for family pensioner of Regular Army. DSC personnel on “clerical duty” and “other duty” are entitled for family pension of regular Army personnel of group “Y” and group “Z” respectively.

The facility of dual or two family pension to the families of Armed Forces Pensioners who get second re-employment in Civil departments after getting retired/discharged from military service and were in receipt of ordinary family pension as circulated vide this office circular No. 504 dated 17.01.2013 is also applicable to the DSC personnel and circulated vide this office circular no 513 dated 19.07.2013. Thus, issue of Corrigendum PPO by this office will regularize second family pension of the DSC personnel. Therefore, in such cases, PDAs should not revise the rates of second Family Pension as per rate applicable to regular Army personnel, but according to Corr PPO issued by this office.

(5) PDAs are already directed to revise the pension as per table appended to MOD letter enclosed after ascertaining the actual qualifying service subject to the maximum term of engagement for each rank as applicable from time to time. It is hereby clarified that the phrase “Term of engagement” implies “Maximum qualifying service for grant of service pension” at the time of retirement. Therefore, Service pension of the individual will be revised with reference to actual qualifying service subject to “Maximum qualifying service for grant of service pension” i.e. in no case Service pension of the individual will be revised for more than maximum qualifying service for grant of service pension, except those exception as provided in Appendix-X to this office circular No. 501 dated 17/01/2013.

(6) This circular has been uploaded on this office website www.pcdapension.nic.in for disseminating across the all concerned.

Please acknowledge receipt.

(A. K. Nigam)
ACDA (P)

No. Gts/Tech/0167/XVI
Dated: 24/02/2014

PCDA clarification on revising Family Pension in respect of PBORs

Renewal of CGHS plastic cards in Delhi NCR

Renewal of CGHS plastic cards in Delhi NCR
S 11011/1112014-CGHS (P)
Government of India
Ministry of Health and Family Welfare
CGHS (P)
Nirman Bhavan, New Delhi
Dated: the 12th March, 2014
OFFICE MEMORANDUM
Sub: Renewal of CGHS plastic cards in Delhi NCR – regarding.

The undersigned is directed to refer to this Ministry’s 0.M No. S 11011/1/2014- CGHS (P) dated 10.02.2014 vide which fresh instructions were issued supplementing the existing guidelines on the issue of CGHS Plastic cards. In this regard attention is also drawn to this Ministry’s O.M. No. Misc. 6024/2007/CGHS(HQ)/CGHS(P) dated 27.12.2010 in respect of pensioner CGHS beneficiaries vide which it was clarified that :-
“The Plastic Cards (which are identity cards), would hereinafter be issued with validity till the pensioner beneficiary is entitled for CGHS benefits. In respect of pensioner CGHS beneficiaries, who have paid CGHS contribution for ‘Rest of Life’ CGHS facilities, the Plastic Cards would, hereinafter, be issued for ‘Rest of Life’.
The plastic cards already issued with a printed validity of five years to pensioner beneficiaries, who had paid CGHS contributions for ‘Rest of Life’ CGHS facilities, would be taken as valid for use for ‘Rest of Life’. However, such CGHS pensioner beneficiaries have the option to obtain new plastic cards after five years, if they choose to do so.”
2. Accordingly, the CGHS pensioner beneficiaries have the option to apply for new CGHS plastic card which are now being issued with validity for ‘whole life’ printed on the plastic card itself. However, the serving employees are issued CGHS plastic cards with validity of five years and they are due for renewal every five years on expiry of validity period indicated on their CGHS plastic card. Fresh cards are being issued in place of old cards on regular basis. Since the applications are being received for renewal of old cards in a very large number, it has created bottleneck and it is taking some time to issue fresh cards.
3. In light of the above, with a view to avoid inconvenience to the CGHS beneficiaries and to facilitate them in availing CGHS services, it has been decided to allow them to access CGHS facilities with the old cards for a further period of six months from the date of expiry of CGHS cards as indicated on their CGHS Plastic cards. However, they have to apply for renewal of CGHS plastic card in the prescribed Form as provided in this Ministry’s OM dated 10.02.2014 as referred to above.
4. In this connection, it is clarified that the beneficiaries who have already submitted applications for renewal of CGHS cards on expiry of their validity period and have so far not received fresh CGHS cards, they will not be denied CGHS facilities, provided the beneficiary is entitled to CGHS benefits as per CGHS guidelines.
5. A CGHS beneficiary is required to apply for new CGHS plastic cards three months in advance or within six months of expiry of validity of the plastic cards and it is recommended to keep a copy of the same as a proof of submission of application for renewal of card which can be produced on demand before the CGHS authorities, if required, for availing the CGHS benefits on the basis of old card.
6. CGHS Wellness Centres will provide the medical facilities to CGHS beneficiaries on the basis of old CGHS plastic card upto a maximum period of six months from the date of validity as indicated on the CGHS plastic card after due verification of the entitlement and validity of CGHS card as per CGHS data base.
7. The CGHS empanelled private hospitals / diagnostic centres are requested to provide the medical facilities on the basis of old card upto a maximum period of six months from the date of validity as indicated on the CGHS plastic card, subject to the condition that the CGHS beneficiary has submitted the application for renewal of CGHS plastic card, complete in all respect, to the CGHS card issuing authority.
8. This OM shall come into effect from the date of issue and will remain in force for one year or till further order, whichever is earlier.
sd/-
[V. P. Singh]
Deputy Secretary to the Government of India

Pensioners Main demands for inclusion in Memorandum to 7th CPC

Pensioners Main demands for inclusion in Memorandum to 7th CPC
Bharat Pensioners Samaj

Few of the main demands of Central Government Pensioners’ identified by BPS for inclusion in the Memorandum to 7th CPC (Department wise issues will be attached as Annexure)

1.Bring down the Ratio between maximum & Minimum of Salay to 1: 9

Some 25 years back 4th CPC had determined the ratio between minimum & maximum of salary to be 10.7(Chapter 41 & 43) Vth cpc maintained it to be 10.97 (Appendix ‘I’ to VOl.III of 5th CPC report “ Summary of recommendations” para19) in their recommendations which while implementation was raised to 1:11.76

Shredding the basic fiber of the Constitution of Indian Socialistic State, after implementation of 6th CPC this ratio stand raised to 1: 12.85. Both for salaried employees & Pensioners. Which is much more, than even the capitalist countries like America & Britain.

This negative and socially regressive effects of the 6th Central Pay Commission has had the effect of worsening wealth and income inequality not only between pre-and post-2006 retirees, but even within pre-2006 retirees where in higher-ups from Scales S30.S31& above got full parity in Pension.

Raising, instead of reducing the ratio between minimum & maximum of salary is unconstitutional .

We demand: That Preamble to the Constitution, Articles 366(17),14 & 21read in the light of Honorable Supreme Court judgments, in the cases of D.S. NAKARA & OTHERS Vs UNION OF INDIA DATED 17/12/1982 1983 AIR 130,1983 SCR (2) 16, 1983 SCC (1) 305 1982 SCALE (2)1213, and, in the case of Consumer Education and Research Centre & Others Vs union of India(AIR 1995 supreme court 922) to be implemented in letter & spirit.

Accordingly the Ratio between minimum & maximum of Pay/Pension should progressively go on reducing ensuring complete equality.

We appeal to the 7th CPC: That the ratio between maximum & minimum Salary/Pension be brought down to 1: 9 accordingly, 7th pay commission should first workout the top most revised salary, divide it by 9 to arrive at the minimum revised salary & then on this basis derive a uniform multiplication factor to arrive at revised Pay & Pension with the condition that Pension shall not in any case be less than 65% & family Pension 45% of the last Pay in Pay in Pay Band/Pay scale or of average of last 10 months emoluments (Whichever is more beneficial)

2.Pension to be 65% of last drawn or 65% of Av. Of last 10 months emolument whichever beneficial & Family Pension to be 45% of last drawn or Av. Of 10month:

Honorable Supreme Court, in its landmark 5-Judge Constitutional Bench judgment dated 17.12.1982 in the case D.S.Nakara vs UOI, ruled that “A pension scheme consistent with available resources must provide that the Pensioner would be able to live Free from want, with decency, independence and self respect, and at a standard equivalent at pre- retirement level”. As laid down in Para 127.9 of 5th Central Pay Commission report Vol. III, the study done by the Consultants to 5th Central Pay Commission (TECS – Tata Economic Consultancy Services) recommended Pension to be 65% of the last emoluments drawn.

We demand 65% of the last drawn emoluments or 65% of the last 10 months’ average emoluments, whichever is more beneficial, as Pension and 45% as Family Pension subject to the condition that minimum pension shall not in any case will be less than 65 % of the 7th Central Pay Commission revised minimum Basic Pay of Central Govt. employees,

3. Grant 5% upward enhancement in pension be granted every five years’ after the age of 60 years & upto 80 years & thereafter as per existing dispensation.

In their Para 5.1.32, the 6th Central Pay Commission agreed that older pensioners require a better deal on account of their needs, especially those relating to health, increase with age. Accordingly, the Commission recommended that quantum of pension available to the old pensioners should be increased as follows:-

On attaining age of Additional quantum of pension

• 80 years – 20% of basic pension
• 85 years – 30% of basic pension
• 90 years – 40% of basic pension
• 95 years – 50% of basic pension
• 100 years – 100% of basic pension

In the present scenario of climatic changes, incidence of pesticides and rising pollution old age disabilities/diseases set in by the time an employee retires and go on manifesting very fast, needing additional finances to take care of these disabilities and diseases, especially as the cost of health care has gone very high compared to 01.01.2006.

We therefore, demand, that 5% upward enhancement in pension be granted every five years’ after the age of 60 years & upto 80 years & thereafter as per existing dispensation.

4.. Pension to be net of Income Tax :

The purchase value of pension gets reduced day by day due to continuously high inflation and steep rise in cost of food items and medical facilities. Retired persons/Senior citizens do not enjoy fully public goods and services provided by Government for citizens due to lack of mobility and many other factors. Their ability to pay tax gets reduced from year to year after retirement due to ever-increasing expenditure on food and medicines and other incidentals. Their net worth at year end gets reduced considerably as compared to the beginning of the year. Inflation, for a pensioner is much more than any tax. It erodes the major part of the already inadequate pension. To enable pensioners, at the far end of their lives, to live in minimum comfort and to cater for ever rising cost of living, they may be spared from paying Income Tax.

We demand that pension should be net of income tax as recommended by 5th Central Pay Commission, vide their Para 167.11(VTH CPC REPORT VOL. III)

5. Automatic Merger of Dearness relief with Pension :

The Pension of Central Government Pensioners undergo revision only once in 10 years during which period the pension structure gets seriously dis-aligned; 50% increase in price takes place even in less than 5 years. This results in considerable erosion of the financial position of the pensioner with otherwise inadequate Pension. As admitted by Shri Montek Singh Ahluwalia, Deputy Chairman, Planning Commission, in his statement to PTI on 27.2.2008, DA does not adequately take care of inflation. Working employees are getting automatic relief by way of 25% increase in their allowances with every 50% rise in Dearness Allowance. As pensioners do not get any allowances, they feel discriminated against. In order to strike a balance, DR may be merged with Pension whenever it goes beyond 50% as recommended by 5th Central Pay Commission.
We demand automatic merger of DR with pension, whenever it goes above 50%

6. Restoration of commuted vale of Pension in 12 years

Commutation value in respect of employee superannuating at the age of 60 years between 1.1.1996 and 31.12.2005 and commuting a portion of pension within a period of one year would be equal to 9.81 years Purchase. After adding thereto a further period of two years for recovery of interest, in terms of observation of Supreme Court in their judgment in writ petitions No 395-61 of 1983 decided in December 1986, it would be reasonable to restore commuted portion of pension in 12 years instead of present 15 years. In case of persons superannuating at the age of 60 years after 31.12.2005 and seeking commutation within a year, numbers of purchase years have been further reduced to 8.194. Also, the mortality rate of 60 plus Indians has considerably reduced ever since Supreme Court judgment in 1986; the life expectancy stands at 69 years now.

We demand restoration of commuted value of pension in a period of 12 years.
7. The 6th Central Pay Commission’s new benefits, e.g. full pension for 20 years of service/10 years in superannuation cases, last pay drawn or average of last 10 months’ pay whichever is beneficial to the retiring employee as emoluments for computation of pension etc., have been limited only to post-1.1.2006 retirees. This is in violation of the letter and spirit of Hon’ble Apex Court judgment in Nakara Case.

We appeal to the 7th CPC to extend the above benefits to all pre-1.1.2006 retirees with monetary benefit from 1.1.2006 to do them equal justice. And that new benefits as 7th CPC too be made equally applicable to present & past pensioners

8..Medical facilities:

To ensure hassle free health care facility to Pensioners/family pensioners, Smart Cards be issued irrespective of departments to all Pensioners and their Dependents for cashless medical facilities across the country. These smart cards should be valid in

• all Govt. hospitals
• all NABH accredited Multi Super Specialty hospitals across the country which have been allotted land at concessional rate or given any aid or concession by the Central or the State govt.
• all CGHS, RELHS & ECHS empanelled hospitals across the country.
· Medical attendants. Reimbursement bill for treatment both for hospitalization & No referral should be insisted in case of medical emergencies. For the purpose of reference for hospitalization & reimbursement of expenditure thereon in other than emergency cases Doctors/Medical officers working in different Central/State Govt. department dispensaries/health units should be recognized as Authorized OPD can be made by respective departments.

The enjoyment of the highest attainable standard of health is recognized as a fundamental right of all workers in terms of Article 21 read with Article 39(c), 41, 43, 48A and all related Articles as pronounced by the Supreme Court in Consumer Education and Research Centre & Others vs Union of India (AIR 1995 Supreme Court 922) The Supreme court has held that the right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigour. Therefore, the right to health, medical aid to protect the health and vigour of a worker while in service or post retirement is a fundamental right-to make life of a worker meaningful and purposeful with dignity of person. Thus health care is not only a welfare measure but is a Fundamental Right.

We demand that, all the pensioners, irrespective of pre-retiral class and status, be treated as same category of citizens and the same homogenous group. There should be no class or category based discrimination and must be provided Health care services at par with IAS and ex-Ministers.

9. Hospital Regulatory Authority:

To ensure that the hospitals do not avoid providing reasonable care to smart card holders and other poor citizens, a Hospital Regulatory Authority should be created to bring all NABH-accredited hospitals and NABL-accredited diagnostic Labs under its constant monitoring of quality, rates for different procedures & timely bill payments by Govt. agencies and Insurance companies. CGHS rates be revised keeping in mind the workability and market conditions.

We demand that a Hospital Regulatory Authority be constituted.

10.Fixed Medical allowance (FMA):

As is recorded in Para 5 of the minutes of Committee of Secretaries (COS) held on 15.04.2010 (Reference Cabinet Secretariat, Rashtrapati Bhavan No 502/2/3/2010-C.A.V Doc No. CD (C.A.V) 42/2010 Minutes of COS meeting dated 15.4.2010) which discussed enhancement of FMA: CGHS card estimates for serving Personnel since estimates are not available separately for pensioners M/O Health & Family Welfare had assessed the total cost per card p.a. in 2007-2008 = Rs 16435 i.e. Rs.1369 per month for OPD. Adding to its inflation the figure today is well over Rs 2000/- PM. Ministry of Labour & Employment, Govt. of India vide its letter no. G-25012/2/2011-SSI dated 07.06.2013 has already enhanced FMA to Rs 2000/- PM for EPFO beneficiaries. Thus, to help elderly pensioners to look after their health, Adequate raise in FMA will encourage a good number of pensioners to opt out of OPD facility which will reduce overcrowding in hospitals. OPD through Insurance will cost much more to the Govt. As such the proposal for raising Fixed Medical allowance to Pensioners is fully justified and is financially viable.

We demand that FMA for all C.G. Pensioners be raised to at least Rs 2000/- PM without any distance restriction linking it to Dearness Relief for automatic further increase. We further demand that FMA be exempted from INCOME TAX: Fixed Medical Allowance (FMA) is a compensatory allowance to reimburse the medical expenses. As Medical Reimbursement is not taxable, FMA should also be exempted from Income Tax.

11.Grievance redressal Mechanism:

Pensioners/Family Pensioners are exploited, harassed and humiliated by their own counterparts in chair, who at the sight of an old person adopt a wooden face and indifferent attitude. Pensioners do not have representation even in Forums & Committees wherein pension policies and connected matters are discussed. The forum of Pension Adalat too is not of much avail as it meets only once a year which is too long a period for an elderly nearer to his end. Moreover, these Adalats deal with settlement claims only. SCOVA too meets only twice a year for about 3 hours at occasion. Moreover, the scope of SCOVA is limited to feedback on Government policies. DOP (P&PW) is perceived as a toothless authority which lacks direct Service Delivery Capability. It has been striving over the years to redress the Pensioners’ grievances through the ‘Sevottam’ model of the Department of Administrative Reforms & Public grievances; in the absence of strict timeline with punitive clause it is, however, proving to be a failure. Grievances are either not resolved for years or closed arbitrarily without resolving.

We therefore, appeal that for resolving Pensioners complaints of all pensioners,

(i) A strict time line with punitive clause be introduced in “Sevottam model”
(ii) Grievances are not allowed to be closed without resolving.
(iii) SCOVA be upgraded to JCM level covering all Pensioners by introducing suitable legislative amendment if required.
(iv) As recommended vide Vth CPC report Vol III para 141.30 Pensioners’ representatives should be included in various committees & other For a of Govt where issues relating to the welfare of pensioners are likely to be discussed &debated

Er.S.C.Maheshwari
Secy Genl

Source : Bharat Pensioners Samaj

National Council JCM elected Shri.Shiva Gopal Mishra, GS, AIRF as its Staff Side Secretary

National Council JCM elected Shri.Shiva Gopal Mishra, GS, AIRF as its Staff Side Secretary
PRESS RELEASE

AIRF
All India Railwaymen Federation

New Delhi: 13th March, 2014 –

The Staff Side of the National Council (Joint Consultative Machinery), in its meeting held on 11th March, 2014 to condole the sad demise of Late Shri Umraomal Purohit, Secretary, Staff(NC/JCM), had unanimously elected Shri Shiva Gopal Mishra, General Secretary, All India Railwaymen’s Federation, as Secretary, Staff Side, National Council (JCM).

This post was vacant due to sad demise of Com. Umraomal Purohit on 27th February, 2014, who held this post for more than three and half decades.

The JCM is an umbrella organisation for about thirty six lakh Central Government employees working in different departments, such as Indian Railways, Defence(Civilian), Postal, Cabinet Secretariat, Income Tax etc.

DO Letter of Com. M. Raghavaiah/GS NFIR to Cabinet Secretary and Chairman National Council JCM.

National Council (Staff Side)
Joint Consultative Machinery for Central Government Employees
Ferozshah Road, New DeIhi-110001

No.NC-JC M-2014/64 (Secy.)

March, 2014

The Cabinet Secretary
&
Chairman, National Council (JCM)
Rastrapati Bhawan,
New Delhi

Sir,
I have to inform you that Shri LJmraomal Purohit, Secretary, National Council (Staff Side)—JCM had expired on 27.02.2014.

The Staff Side of National Council (JCM) in its meeting held on 11.03.2014 has elected Shri Shiva Gopal Mishra, General Secretary, All India Railwaymens Federation as the Secretary, Staff Side National Council (JCM).

This is for your kind information.

Thanking you,

Yours faithfully,

Sd/-
(M .Raghavaiah)
Leader



National Council JCM elected Shri.Shiva Gopal Mishra, GS, AIRF as its Staff Side Secretary

Source : AIRF

The Central Civil Service (Joining Time) Amendment Rules, 1989.

The Central Civil Service (Joining Time) Amendment Rules, 1989.
Today DOPT (Department of Personnel and Traing) has uploaded the fallowing its website www.persmin.nic.in on the matter of Joining Time of central Government servants

New Delhi, the 10th March, 1989

G.S.R. 197. — In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian  Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Joining Time) Rules, 1979, namely :-

1. (1) These rules may be called the Central Civil Service (Joining Time)  Amendment Rules, 1989.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Joining Time) Rules, 1979 for sub-rule (1) of rule  the following sub-rule shall be substituted, namely :-

(1) When a Government servant joins a new post at a new post without availing full joining time by reasons that:-

(a) he is ordered to join the new post at a new place of posting without availing of  full joining time to which he is entitled ; or

(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for  claiming travelling allowance for the family :-

The number of days of joining time admissible under sub-rule (4) of rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to a maximum of 15 days  reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave; Provided that the earned leave at his credit together with the un availed joining time allowed to be so credited shall not exceed 240 days.

[No. 19011/12/86-Estt. (Allow)]

 Note:- The Principal Rules were published in the Gazette of India Part-II Section 3, sub section (i) vide G.S.R No.695, dated 15-9-1979

sd/-

source : DOPT

Recent Posts

Popular Posts