BHARAT PENSIONERS’ SAMAJ

IMMEDIATE

No BPS/SGN22/AGM/03

Dated 09.03.2022

To

The Surveyor General of India
Survey of India, P.B. No. 37,
Hathibarkala Estate,
Dehra Dun Uttarakhand) 248001.

(kind attention: Dr. UR. Mishra, DSG),

Sub. Revision of pension of pre 1996 retirees. Unanimous Resolution No. 16 adopted at the 66th AGM( Virtual) of BPS on 30th Nov 2021.

Ref. Your No. 01-286/2158- Lok Shikayat dated 22.2.2022.

Sir,

Thank you for your response to our letter for follow up action on the Resolution No. 16, to remove the Genuine Grievances of the Community of Pensioners in India.

The purpose behind these efforts is to bring relief to the community of pensioners in the country, who gave their best to the Govt., in their heyday.

In this particular case, you will readily appreciate that the persons aggrieved are very old pensioners(now in their 80’s and older) who retired before 1.1.96.

This Resolution was adopted as the affected pensioners, whose post had been upgraded on 1.1.96, brought to notice of the General Body of BPS that many of them(including Pre-96 Retired Deputy Directors, Survey of India) were suffering right from 1.1.96, as their pensions were being paid on the Routine Basis of Last Pay Drawn in the then prevailing lower pay scale for the post, which is INAPPLICABLE in their cases as it infringes the sanctified principle of Modified’ Parity of Pensions granted under DoP& PW OM dated 17.12.1998. First their pension on 1.1.96 needs to be revised in accordance with above quoted OM of 17.12.1998. so as to ensure that it is not less than what they are entitled to at the minimum of the Revised scale of the post on 1.1.96(and then on 1.1.2006),

Your routine reply that you have Revised earlier pensions as per Gov’t. Orders quoted by you does not redress their pathetic Grievance as their pension prior to 1.1.2016 itself was wrong and needed to be revised. It is pointed out that the orders quoted by you do not supersede the earlier orders, but only add to them. All relevant orders of the Gov’t. have to be followed strictly. First Their existing pensions on 1.1.96 and then on 1.1.2006 have to be revised; and their entitled pension on Parity w.e.f. 1.1.2016 has to be determined with use of applicable Concordance Table (pertaining to the upgraded scale) at the correct stage, as per Extant Gov’t. Orders. Since the ultimate purpose is not merely to know why the genuine Grievances have escaped redress so far but also to take appropriate measures to remove them without any further delay, I would request you to kindly revise their pensions first from 1.1.96 and then from 1.1.2006. Thereafter, their pension may be revised w.e.f.1.1.2016, as per the Orders quoted by you.

In view of the long time that has already elapsed in doing justice to very old/hapless pensioners/family pensioners and the nominees of life-time arrears, it is requested that IMMEDIATE action may, now, kindly be initiated to revise their pensions from 1.1.96 and disburse the Arrears at the earliest.

Bharat Pensioners Samaj would be grateful to you for this act of kindness to hapless old pensioners in the evening of their lives.

With regards,

Yours faithfully,

(S.C. Maheshwari),
Secretary General, Bharat Pensioners Samaj.

Copy w.c.t. the Secretary, DS&T, Technology Bhawan, New Mehrauli Road, Qutab Enclave, New Delhi 110016, along with a copy of Resolution No. 16.

Copy to Shri GS Oberoi, President, AIAROSI, E 64, Sector 21, Jal Vayu Vihar, Noida(UP) 201301.

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Payment of a Provisional Family Pension to the spouse of a pensioner who died as a result of the pandemic Covid-19 BPS sends a letter to the Hon’ble Minister.

BHARAT PENSIONERS SAMAJ
(All India Federation of Pensioners Associations)

No. BPS/SG/FP/Pensioner/2 1/5

Dated the 19th May 2021

DR. JITENDRA SINGH
HON’BLE MINISTER OF STATE
M/O PERSONNEL, PUBLIC GRIEVANCES & PENSIONS

Reg: PAYMENT OF PROVISIONAL FAMILY PENSION TO THE SPOUSE OF PENSIONER DIED DURING PANDEMIC COVID -19.

Respected Sir,

Bharat Pensioners Samaj, while appreciating the various welfare measures undertaken by the Department of Pension and Pensioners Welfare under your leadership, seek your intervention to mitigate the suffering of spouses of pensioners who died during the Covid -19 period.

Sir, we with a heavy heart bring to your kind notice that, during this second wave, many of the Central Government pensioners have succumbed to Corona. Ina bid to curb spread of novel Corona Virus in the country, many of the State Governments have declared Lock-down for a period ranging from 15 days to a month or two. During this lockdown period, the concerned State Governments have issued guidelines to the offices and also Central Government offices, in their respective States, to function with bare minimum staff. As a result of this, spouses of pensioners, who died due to Covid or any other reasons, may not able to submit Form No. 14, duly filled and signed with all the relevant documents, in view of the lockdown declared by the Government and in the absence of functioning of government offices with full strength, there may be delay in their submission of Family Pension Application, which, in tum, may result in delay in getting their family pension sanctioned.

As you are aware, only Central Government employees/pensioners, who are residing in areas where CGHS Wellness Centres and CGHS empanelled Hospitals exist, can avail CGHS facilities in the empanelled hospitals . During this pandemic, other Central Government employees/pensioners are being denied admission in the CGHS empanelled hospitals when they are inflicted by Covid or for any other reasons when they desire to get admission using CGHS Card. In view of this, many Central Government employees/pensioners/family pensioners, during this pandemic, had to meet hospitalisation expenses from their own savings. Consequent to death of employees/pensioners, due to Covid or any other health reasons, their spouses or family members are not only put to financial hardship having spent huge sum towards hospitalisation expenses, but also due to the delay in getting their family pension consequent to the delay in submission of Form No. 14 (Family Pension Application) along with all the required documents. Having spent their savings towards hospitalisation, pensioners’ spouses may find difficulties in meeting their day to day expenses and medical needs, if there is delay in getting their family pension.

In this connection, we wish to bring to your kind attention that, in order to avoid any hardship to the family of the deceased Government servant, the Government has relaxed the provisions of Rule 80-A of the CCS (Pension) Rules, 1972, – vide its OM dated 29.7.2020(copy enclosed) to the extent that if a claim for family pension in Form 14 along with death certificate and bank account details of the claimant has been received and the Head of Office is satisfied about the bonafide of the claim, he shall sanction provisional family pension immediately in the case of death of a Government servant during service and that the amount of provisional family pension shall not exceed the maximum family pension as admissible under Rule 54 of CCS Pension Rules, 1972. As the concerned Pension Sanctioning Authority would have authorised for payment of family pension to his or her spouse in the PPO issued to him or her at the time of issuing Pension Payment Order to him/her, provisional family pension can be sanctioned pending receipt of Family Pension Application (Form No. 14), duly filled and signed with all the relevant documents for further processing and sanctioning of Family Pension.

Considering the hardship faced by the pensioner’s spouses, if the family pension is not sanctioned immediately, especially during this COVD 19 pandemic and also in normal course, we request your good self to consider sanctioning of provisional family pension to the spouses of pensioners, who have succumbed to Corona or due to any other diseases during this pandemic , just as has been done in the case of death of a Government servant during service in terms of Dop& PW OM dated 27.7.2020, on receipt of a request on a plain paper for sanction of provisional family pension along with Doctor’s Certificate relating to death with copies of Aadhar card/Pension Payment Order/first page of pass book, pending submission of Form No.14 along with other relevant documents.

Kindly cause to issue necessary orders, in this regard, at the earliest.

Thanking you,

With regards
Yours faithfully,

For Bharat Pensioners Samaj
S.C. MAHESHWARI
SECRETARY-GENERAL

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DO No BPS /SG/ Pension/2020/5

Dated 23.08.2020

Dear Madam Seema Gupta ji,

( By e-mail )

Subject : Spl cell for pensioners, Pay pension at home

Reference Judgement dated 20.08.2020 of HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR in LD-VC-CW-665 OF 2020 Shri Naini Gopal S/o Dhirendra Mohan Roy vs UOI & others

Madam, as Director (PW) GOT MAO PPG & Pensions-DOP& PW, you are the guardian of pensioners. As such Bharat pensioners Samaj requests you to take note of the observations of honourable Bombay high court vide their Para 16 to 18, 19(5) and 20 of the judgement under reference and to initiate action to get Spl cell for pensioner for payment of Pension at home constituted as desired by the honourable Court. Citation of the said judgement & text of relevant Para is quoted hereunder (pdf of full judgement also attached with this e-mail)

Form Spl cell for pensioners, Pay pension at home Bombay H.C. to Govt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

LD-VC-CW-665 OF 2020

Shri Naini Gopal S/o Dhirendra Mohan Roy, Aged About 85 Years. Occupation – Pensioner, R/o F-37/B, Central Railway Colony, Ajni, Nagpur-440003. … Petitioner

Versus

1. The Union of India, Ministry of Defence, Through its Secretary, New Delhi
2. The Principal Controller of Defence Accounts (Pension), Office of Principal Controller of Defence Accounts Allahabad, Uttar Pradesh-211 014.
3. The General Manager, State Bank of India, Centralized Pension Processing Centre, 5th Floor, Premises No. T-651 and T-751, I.T C Belapur, CBD: Belapur Railway Station Complex, Navi Mumbai-400 0614
4. The General Manager, Ordnance Factory, Bhandara. … Respondents

CORAM : R.K. DESHPANDE & N.B, SURVAWANSHIL, JJ.

Date of Reserving the Judgment : 13th August, 2020 Date of Pronouncing the Judgment : 20th August, 2020

Extract of judgement
– para 16 to 19(5) & 20

16. Before parting with this Judgment, we need to remind the Bank that the pension payable to the employees upon superannuation is.a ‘property’ under Article 300-A of the Constitution of India and it constitutes a fundamental right to livelihood under Article 21 of the Constitution of India. The deprivation, even a part of this amount,cannot be accepted, except in accordance with and authority of law. Article 41 of the Constitution of India in the Part IV of Directive Principles of Stale Policy has created an obligation upon the State to recognize a right of public assistance in the case of old age. sickness and disablement. Article 46 therein requires the State to promote with special care the economic interests of the weaker sections of the people In short, the foresaid provisions of the directive principles of State policy create an obligation upon the State to enact suitable laws, making the provisions to recognize a right of public assistance to Promote economic interests, to protect the life and property of senior citizens, to treat them with respect and dignity and to give wide publicity to it.

17. Unfortunately. the time has come to tell the Bank that the aging is natural process, which leads to weakening of the body and mind. The productivity, working ability and mobility decreases or paralyzes with growing age. The traditional norms, values and culture in the Indian Society demand to treat the senior citizens with respect, dignity and lay stress on providing security, care and assistance to them. It becomes a part of the human right of the senior citizens. The senior citizens are the persons who had shouldered the responsibility of building a nation in general and society of community in particular, while in service. Utilizing their experience in the life and working, the strong shoulders are created of young persons to substitute and rest the responsibility upon them, while demitting the office. The bank officials must realize that tomorrow it may be their turn, upon superannuation, to fight for the pension or post-retiral benefits. The thought process, therefore, to be adopted should be of a person in a situation like the petitioner. ‘The respect, dignity, care, sensitivity, assistance and security would automatically follow.
18. We have, however, seen and can take judicial note of the fact that the security of the senior citizens always remain in peril. We have seen the senior citizens anxiously waiting for credit of the Pension amount in their account and standing in a queue for withdrawal. Once the amount is withdrawn personally either from the Bank or from the ATM, a serious threat starts posing to the life from the watchdogs roaming around involved in pick-pocketing and stealing. We have actually seen the old aged persons-men and women, counting the currency with cramping hands and trying to secure the amount at some hidden place in the body. It is seen then after waiting in the premises of the Bank and taking stock of the situation and the atmosphere with scared mind and the feeling of insecurity, the escape route and time is chosen to reach to their destination safely. It is a high time for the Banks to create a separate cell and to device a method to provide personal service through the men of confidence, at the door-step to the old aged, disabled and sick persons who are the senior citizens. They have to be treated with respect and dignity. The sensitivity to the problems of the senior citizens need to be addressed. The mechanism for immediate redressal of grievance needs to be provided. The officers having a degree or master’s degree in Social Work or Psychology, who can be in personal touch with and genuinely understand and redress the grievances or complaints of the senior citizens, can be appointed.
19. In the result, this petition is allowed and the following order is passed : (1) The action of the respondent No. 3- Bank in deducting an amount of Rs.11,040/- per month with effect from October, 2019 is hereby quashed and set aside. (2) We direct the respondent No 3- Bank to immediately credit an amount of Rs. 3,27,045/-, recovered from the pension account of the petitioner, along with interest at the rate of 18% per annum from the date of recovery of each of the installments, till the date of credit of this amount in the pension account of the petitioner.

(3) The respondent No. 3- Bank is restrained from recovering any amount from the pension payable to the petitioner on the basis of the action, which we have quashed and set aside.

Also check: Important Supreme court Judgement – MACP should be given effect from 01.01.2016

(4) We direct the respondent No 3- Bank to pay the compensation of Rs 50,000/- to the petitioner and credit the said amount in the pension account of the petitioner within a period of eight days from today, failing which the additional costs of Rs.1,000/- for each day’s delay will have to be paid.

(5) We direct the Registry of this Court to forward the copies of this Judgment to the Centralized Processing Pension Centres of all the Nationalized Banks and also to the Reserve Bank of India and the Chief Secretary, Government of Maharashtra, to consider the question of constitution of separate cell and release of appropriate guidelines so as to attain the constitutional goal of providing respect, dignity, care, sensitivity, assistance and security to all the pension account holders in the Banks.

(6) This Judgment be uploaded under the digital signature of the Private Secretary.

20. Rule is made absolute in the aforesaid terms. No order as to further costs.

(NB, SURYAWANSHL J.) (RK. DESHPANDE, J.)

Hoping for early favourable action
with regards
yours sincerely,

To

Smt. Seema Gupta
Diector (PW) GOI
M/O P.PG & Pensions-DOP &PW

sd/- S.C. Maheshwar Secy gen BPS

Copy to JS DOP &PW for necessary action at his level please

SC.Mahesiwari

Source: Bharat Pensioners Samaj

The post Establish a Special cell for pensioners, Pay pension at home – BPS appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Importance of implementation of Option 1, as accepted by the Govt., subject to its feasibility, in case option 1 is not accepted by the Govt. after receipt of recommendations of the committee appointed to examine its feasibility, the biggest sufferer of this casualty will be Pre 2006 retirees of all grades

DOP & PW is all out for rejection

If we do not standup united. We will be looser for all times: Bharat Pensioner’s Samaj

Source: Bharat Pensioners Samaj

The post 7th Pay Commission Pension Revision for Pre-2016 Pensioners: Importance of implementation of Option 1 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

7th CPC recommendations – Open to amendments & corrections : Proposed draft representation regarding implementation of option 1 para 10.1.67

Representation on implementation of option -1 of 7th CPC relating to pre 2016 pensioners.

No. SG/BPS/PC7/016/08.

Dt.19 August, 2016

The Secretary
Deptt of Administrative Reforms & Pensioner’ Grievances,
Ministry of Personnel, Public Grievances & Pensions,
Patel Bhawan, New Delhi – 110001.
( Kind Attention: Shri Chirravuri Vishwanath IAS ).

Subject: Feasibility of implementation of recommendations accepted by GOI contained in paras 10.1.67 & 10.1.68 of 7CPC report.

Sir,
In connection with feasibility of implementation of recommendation contained in para 10.1.67 of 7CPC report relating to pre-2016 pensioners, the undersigned, on behalf of Bharat Pensioners Samaj (Federation) a conglomerate of over 628 pensioners Associations, submits as follows:

i). Your kind attention is invited to 5th CPC recommendation contained in Para 137.14 of the report together with GOI’s decision there on which reads as under:

The pension of all pre-1986 retirees may be updated by notional fixation of their pay as on 1.1.1986 by adopting the same formula as for the serving employees. Thereafter, all the past pensioners who have been brought on the Fourth CPC pay scales by notional fixation of their pay and those who have retired on or after 1.1.1986 can be treated alike regarding consolidation of their pension as on 1.1.1996 by allowing the same fitment weightage as may be allowed to the serving employees. However, the consolidated revised pay of the post held by the pensioner at the time of retirement. (137.14)

Govt Decision:

Accepted to the extent that pension of pre 1.1.96 retirees including pre-86 retirees shall be consolidated as on 1.1.1996 as recommended but the consolidated pension shall be brought on to the level of 50% of the minimum of the revised pay of the post held by the pensioner at the time of retirement. Nos. 45/86/97-P&PW(A) Part-II dt. 27.1099 & 45/1098-P&PW(A) dt 17.12.98 refer.

ii). Similarly 6th CPC recommendation on the subject of revision of pre-2006 pensioners were possible as per GOI orders contained in F No.38/37/08-P&PW(A) dated 01.09.2008 and amendments issued by DOP& PW thru F No.38/37/08-P&PW(A) dated 28-01-2013 wherein para 4.2 reads ” That is, the fixation of pension will be subject to the provision that the revised pension , in no case shall be lower than 50% of the minimum of the pay in the pay band plus grade pay corresponding to the pre revised pay scale from which the pensioner had retired. In case of HAG+ and above scales, this will be 50% of the minimum of the revised pay scale.”

iii). Pension record is of permanent nature and if it is to be destroyed, proper permission from the competent authority is to be obtained. In any case, these record can always be reconstructed taking the details from various sources available in the department and the material collected from the Pensioner. In this regard attention is also drawn to recent CAT Bombay Nagpur Bench judgement dated 09.03.2015 in case of Smt. Saija vs. General Manager, Central Railway O.A.No. 2131 of 2011(CAT Bombay Bench at Nagpur) It is also pointed out that never ever any department in any of the Court cases brought out the issue of non-availability of records.

2. It was possible to implement the above recommendations of pay panels and issue revise PPOs as records were traced out, probably due to some incentive given to the staff concerned for revising the PPOs of pre-1986 retirees involving notional fixation. Railway administration for certain gave incentive to the staff concerned for implementing 5th CPC recommendations. It is reliably learnt that as no incentive for additional work involved in revision of PPOs after 6thCPC was offered. Rly Admn did face some difficulties in implementing recommendations of 6th CPC and consequential issue of revised PPOs to pre-2006 retirees, still as per Rly Board 100% PPOs could be revised. Govt. records can speak of the position of incentive offered by various departments concerned. It is one of the suggestions to consider incentive to staff to ease the problem of locating old records/information required, since in 90% cases records are available and remaining can be recasted.

3. 7th CPC considered the long standing demand of pensioners retired in earlier CPCs regimes to grant them parity in fixation of pension with those retiring subsequently after implementation of its report. Accordingly, 7th CPC has recommended granting benefit of increments earned by the pensioner in the Pay Band and Grade Pay/Scale of Pay for 01.01.2006 Pensioners, while determining their notional pay as on 01-01-2016 at a level in the pay matrix given by the 7th CPC. Pension would be fixed at 50% of the notional pay so arrived.

4. Apprehension of non-feasibility of recommendation, discussed in para 3 , due to non-availability of records is further narrowed & not zeroed. PPOs issued at the time of retirement and revised afterwards do reflect changes prescribed by the Govt. in the pay scales on the recommendations of different Pay Commissions, record the stage of pay in the Pay Scale/Pay Band of a person retired. But it is silent on the number of increments earned after promotion to the grade in which a particular pensioner had retired. May please recall that pay fixation on promotion, as per FR 22, is arrived at after granting one increment in the pre-promotion scale followed by stepping up the same to the immediate next stage of pay in the higher grade if there is no stage after grant of increment in the lower grade. Some of the promotees may get fixed at the minimum (First stage) of the higher grade whereas others may get fixed at the second or third next stage depending upon the pay in the lower grade.

5. The recommendation of 7thCPC vide their para10.1.67(option1) for Parity of Pension is based on legal & Constitutional grounds and as such to maintain sanctity it needs to be implemented in toto.

6. It is a history that pensioners retired earlier were always at a discount in the matter of revised pensions.7th CPC has tried to give some relief to pre-2016 retirees. For the purpose of determining pension under para 10.1.67 of 7th CPC in cases where all attempts to trace records or to recast missing ones fail, it is suggested that such of the pensioners may be given option to get their notional pay determined on the basis of stage of pay in the grade indicated in the PPO this information is invariablaly available in all PPOs. If in some PPOs if LPD is not indicated it can be determined from family pension which is 30% of LPD

7. Fixation of notional pay of pre 2016 pensioners on the basis of the stage corresponding to the grade of pay in which a pensioner had retired would offer a fair & equitable option in all cases where records cannot be traced inspite of best efforts.

8 To meet the ends of justice, Bharat pensioners Samaj request that a personal hearing be granted to its delegation before any adverse decision is arrived at by the Committee.

Thanking you in anticipation.

With regards

Yours sincerely

sd/-
(S. C. Maheshwari)
Secretary General, Bharat Pensioners Samaj.

Source : http://scm-bps.blogspot.in/

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The Managing Committee Member of BPS and the SCOVA Member rom NFRPA Shri.S.M.Kanjilal published the highlights of the 27th SCOVA Meeting held on 13th October 2015 on the official blog of Bharat Pensioners Samaj(BPS).

Brief of 27th SCOVA Meeting

The 27th meeting of SCOVA was held at Vigyan Bhawan on 13th Oct,15 at 11 hrs. The meeting was Chaired by Dr. Jitendra Singh , the Uninon Minister of State(IndependentCharge) for DoNER,Public Grievances & Pension, Atomic Energy and Space . Mr. Harjit Singh ,Joint Secretary ,(P&PW) submitted his welcome address to the house . After that all the Delegates attended the meeting introduced themselves, while as per programme Introductory remarks were placed by Secretary(P&PW).Later Hon’ble MOS(PP), Chairman SCOVA, addressed the meeting. He said that retired employees should become torch bearers of Start-up-India, Stand-up India initiative. Addressing the meeting, he called upon the pensioners to involve their vast experience and resources to assume the role of job creators. He said that the pendency without reason has to be taken care of completely. Sri Devendra Choudhury, Secretary DOP&PW beside others stated that department of P&PW has set a deadline of one months time during which backlog of 2200 pending pension grievances will be settled. He referred several welfare projects of GOI. It is reported that 19 Pensioners Association registered themselves under the initiative Sankalp.After his deliberation discussion was held on ATR on the points raised in the 26th Meeting of SCOVA and on Fresh Agenda items. The brief of the discussions appended below.
ATR of the 26th Meeting of SCOVA:

Item 1. Sl. No.1 of ATR, Status of issue revised PPO : On item (a),(b) and (c) no comments from the representatives of the Pensioners Association. However, on Ministry of Railways , the figure shown is confusing and promptly brought to the notice of the Chairman by the representative of NFRPA. He questioned when it is recorded in 6th CPC report that the total numbers of railway pensioners prior to 2006 was more than 10 lacs how the total revised cases of railway pensioners can be 1,10,543. No positive reply was there from official side. As regards the problems of dispatch of revised PPO to the pensioners address for not having the present address,the suggestion of NFRPA to handover the PPO to the pensioners through PDA had been taken into consideration.

Item 2 Sl.No. 3 of ATR Health Insurance : No comments

Item 3 Sl.No. 5 of ATR : Special Family Pension : Concerned Defence Pensioners Association raised some queries and questioned which have been discussed and noted.

Item 4, 5, 6 : Nothing specific discussed, except some grievances on Medical issues.

Item 7 Sl.No.9 of ATR : On the benefit of Rs. 4600 GP. It is stated that the concerned file is still pending with Department of Expenditure. On being urged to fix a time line by the representative of NFRPA, Guwahati, Assam, it is stated that within 10 days the file will be returned with comments to concerned Department.

Item 8 to 16 issues related to BSNL, Ministry of Health, DOP&PW etc have been discussed by the concerned representatives of the Pensioners Associations.

On Fresh Agenda of 27th Meeting.

1. On issue of acknowledgement to pensioners submitting life Certificate : CPAO formulated a format of Life Certificate which had been supplied to the Delegates and stated that the format will also be available in the website of CPAO.

2. Extension of the benefits of OM dated 28.01.13 less than 33 years : Stated that the matter is subjudiced.

3. On health issues (27.3,27.4) : On CGHS facilities various discussion were held . On RELHS issue NFRPA has proposed to include SMART CARD issue in the agenda which have not been taken. NFRPA representative raised the issue of SMART CARD. But the representative of official side of Railways failed to give any suitable reply.

4. On illegal recovery of pension vis a vis reduction of pension : The matter has been refered to DoPT on 07.06.15. DoPT informed on 30.06.15 that the matter is under consideration especially on the issues of impermissible-ness of recovery based on the letter of OM dated 06.02.14 and recent SC Judgments. It is stated that order may be issued for implementation of the guide lines prescribed by Hon’ble SC. On being insisted by the representatives of NFRPA, it is stated that before 27th Oct,15 the order will be issued. NFRPA also requested to review the issue of reduction of pension in fixing the Minimum Pension which has been done in misinterpreting the contents of the 6th CPC Resolutions and OM No. dated 1.9.2008 and 28.1.13respectively, wherein it is categorically stated that minimum pension in no case should be less than 50 % of the minimum pay of the pre-revised scale of the corresponding scale from which pensioner had retired.

5. On implementation of circular of P&PW(A) No. dt 30.7.15 it is directed that revision of pension in respect of all the pending cases must be completed by concerned Dept. by 16.10.15

6. On facility for online railway booking : NFRPA representative requested to extend the facility to Pass holders also so that the Retired Rly Pensioners can also avail this facility.

S.M.Kanjilal
General Secretary(A)
SCOVA Member from NFRPA & Managing Committee Member BPS

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Bharat Pensioners’ Samaj writes a letter to Prime Minister as reply for his letter dated 31.03.2015. The content of the letter is reproduced and given below for your information…

BHARAT PENSIONERS’ SAMAJ
(All India Federation of Pensioners’ Associations)
2/13-A, LGF Backside, Jangpura ‘A’, New Delhi-110014

BPS writes to Prime Minister

NO SG/PM/01/51

To
The Hon’ble Prime Minister
Government of India
New Delhi
Ref: Prime Minister’s letter dated 31.03.2015 to Elderly

Sir,
Greetings,

On behalf of Bharat Pensioners Samaj, a conglomeration of around 650 Pensioners organizations, the undersigned extends gratitude for the feelings conveyed through your letter dated 31-03-2015 addressed to Elderly. BPS is not only delighted but proud that the country has a Prime Minister who truly believes in Indian ethos, cares and respects his elderly. Sir, you justifyfully deserve the blessings of the Elderly of the country.

Encouraged by your open heartedness, undersigned on behalf of BHARAT PENSIONERS SAMAJ avail the privilege writing follow lines for your consideration:

Rightly Prime Minister Sir, Present day Elderly which includes the fraternity of Civil Pensioners, belongs to the privileged generation which has had the honor of contributing of both India’s independence, &consequent Nation building. Forgoing 8.33% matching Govt. contribution to PF and accepting salaries which were intentionally designed at lower level to cater to the pension to be paid after retirement. The Civil Pensioners’ of today, during their productive years worked hard for the development of the country with the hope that the Nation will take care of them during the evening of their lives. Even today whenever need arises due to natural calamities or otherwise, they are first to come forward with monetary as well as physical support & stand shoulder to shoulder with the administration and the fellow citizen to the extent of donating organs & even the whole body so that others may live to serve this beautiful country. Despite old age they make endless contributions to their families, communities and society. They contribute as family care givers, as workers, consumers, volunteers and taxpayers. In-fact they are the ones who have been & are still paying Taxes most honestly.

Earnestly they look forward to a peaceful and healthy life. And a life of dignity and respect where they are free from want and able to live with the standard they were used to. Prime minister Sir, Civil Pensioners only aspire for uniform & discrimination-free application of what is laid down in the constitution, what the supreme court has pronounced, what is covered by their service conditions and to what they have contributed.

Sir, in this country Supreme court / high court judges, CAG, Cab, Secy & Secys, enjoy 100% parity of pension between pre & post retirees. You have also promised One Rank One Pension to Defense Personnel. Why then the other civil Pensioners are being discriminated against. Are they 2nd class Citizens?. At least for them carry forward the modified parity formula enunciated by Vth CPC & accepted by the then Govt. but discontinued due to disillusioned recommendations of 6th CPC. And reduce the Ratio between minimum & maximum paid to the international level with equal % rise in pension of all.

Health care: Sir you will agree “Health is not a luxury” and “not be the sole possession of a privileged few”. India may be a young Nation today but is fast getting old. From govt, staff alone, over a lac are retiring every year at 60yrs. Demographic forecast suggest, every 5th Indian to be 60+ by2050, over 30% of whom will be ex govt/PSU employees. 90% 60+Indians suffer from one or other old age ailment/disability and every year millions are being pushed below poverty line due to out of pocket expenditure on health care. If adequate immediate corrective steps are not taken India will be a Nation of limping poor oldies.

As per the law laid down by the apex court, healthcare is a Fundamental justify of all present & past Employees Bharat Pensioners Samaj request the honorable prime Minister to sensitize his Govt, on-

Ensuring hassle free health care facility to all Pensioners/family pensioners without discrimination of departments & distances ; issuing Smart Cards irrespective of departments, to all Pensioners/ Family Pensioners and their Dependent for cashless medical facilities across the country. These smart cards should be valid in:

all Govt. hospitals
all NABH accredited Multi Super Speciality 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: For reimbursement of bills for treatment & 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 medical attendant.

The enjoyment of the highest attainable standard of health is recognized as a fundamental justify of all workers in terms of Article 21 read with Article 39 a, 41, 43, 48A and all related Articles as pronounced by the Supreme Court in Consumer Education and Research Centre & Others vs Union of India (AIR 1995 Supreme Court 922) The Supreme court has held that:

“the justify to health to a worker is an integral facet of meaningful justify to life to have not only a meaningful existence but also robust health and vigour. Therefore, the justify to health, medical aid to protect the health and vigour of a worker while in service or post retirement is a fundamental justify -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 justify”.

We suggest that, all the pensioners, irrespective of pre-retrial class and status, be treated as same category of citizens and the same homogenous group. There should be no class or category based discrimination and all must be provided Health care services at par. BPS also request the Hon’ble PM to recommend to his govt. to make preventive health care an essential ingredient of all health care schemes for retired Persons. CGHS & RELHS should be expanded/improved and also CMSA Rules 1944 be extended to pensioners residing outside CGHS area.

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 may be revised periodically keeping in mind the workability as per market conditions.

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 15.04.2010) 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 it 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 reducing overcrowding in hospitals. OPD through Insurance will cost much more to the Govt.

We suggest that FMA for all C.G. Pensioners be raised to at least Rs 2500/- PM without any distance restriction as distance restriction is discriminatory to those who do not choose Govt. schemes/ hospitals. Further link it to Dearness Relief for automatic increase. BPS also request 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.

Lingering Litigation on Pensioners matters due to uncalled for Appeals by Government:

Govt. should not indirectly pressurize courts by appealing again & again to get judgments reversed in its favor & must implement all court judgments in case of all similarly placed persons.

Fifth CPC recommended in para 126.3 that any Court Judgement involving a common policy matter of pay/pension to a group of employees/pensioners, should be extended automatically to similarly placed employees/pensioners without driving every affected individual to the Courts of law. This recommendation is never followed by GOI, with the result Pensioners in the evening of their lives, are forced to approach the legal forums, seeking the same relief. This in turn, bulges court dockets &drain pockets of pensioners.

Honorable Prime minister is requested to advise his Govt. to look into this matter and to take suitable steps.

Sir, aspirations of the pensioners fraternity brought out in foregoing Paras are Just, minimum &well within the constitutional provision &policies of your Govt.

Bharat Pensioners Samaj the oldest & the largest Federation of Pensioners Associations in the country is sure that the honorable Prime Minister will live up to Indian ethos to make evening of elderly civil pensioners’ reasonably comfortable.

Source: Bharat Pensioners Samaj

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Bharat Pensioner’s Samaj presentation to 7th CPC

Pensioners aspirations

• Pension is not largesse but a right.
• Should be adequate to enable retd. employee to live with standard he was living.
• There Should be no discrimination on the basis of date of retirement.
• Gap between haves & have lots should go on reducing
• Healthcare is a fundamental right of   ex employee.

Quantum of pension

Emoluments for Pension

Parity in Pension

No cut off dates

Minimum-Maximum Ratio

Gulf between highest & lowest paid

Additional old age pension

Pension to be net of Income Tax

DR Merger

Ex- servicemen status

BSNL pensioners

Family pensioners other than spouse

New Pension Scheme

Restoration of commuted value

Restoration of commutation to PSU absorbees

Injustice to those born onIst jan & on Ist  july

Gratuity

Health care

Quality healthcare

Hospital Regulatory authority

Fixed Medical allowance

Grievance redressal

Immediate relief

 

General

• Federations of C.G. Pensioners’ associations be    granted recognition by Government.
• Pensioners’ representatives should be included in various Committees & Forums wherein issues relating to pensioners’ are discussed & decided.
• SCOVA may be upgraded to JCM level.
• Scope of Pension Adalats be widened to include Genl.Grievances& Pensioners associations may be permitted to present pensioners cases in Pension Adalats.

THANK YOU

Source: http://scm-bps.blogspot.in/2015/02/bps-to-7th-cpc-presentation.html

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As a rare distinction ‘Bharat Pensioners Samaj’ & its one affiliate CGPA Noida only were shortlisted to represent Civil Pensioners on 7th CPC round -table, the other three organizations who participated were of Defence Pensioners.

Secy General BPS pleaded :

• No cutoff dates,
• min.pension to be 65%
• family Pension 45% of last drawn,
• include DA in pension emoluments,
• bring down ratio bet.minimum-maximum paid,
• equal % rise in pension to all,
• take ahead Vth CPC parity formula,
• Smart card to all pensioners for cashless Medical care,
  periodical upward revision of CGHS rates to match market rates,
• relaxation of restriction for grant of family pension to divorced & widowed daughters,
• restore, 100% commuted value to PSU absorbees,
  Ex-servicemen status to Defence civilian,
  BSNL pensioners be treated at par with C.G.Pensioners for pension fixation,
• rectify anomalies created by GP & implementation of 6th CPC. etc.

http://scm-bps.blogspot.in/2015/02/bps-as-principal-stake-holder-of-civil.html

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Introduction

The Government of India, Ministry of Finance, Department of Expenditure, Resolution No.1/1/2013-EIII(A) dated 28th February, 2014 in its Para 2(f) has included the following terms of reference of the 7th Central Pay Commission:

“(f) To examine the principles which should govern the structure of Pension and other retirement benefits, including revision of pension in the case of employees who were retired prior to the date of these recommendations, keeping in view that the retirement benefits of all Central Government employees appointed on and after 01.01.2004 are covered by the New Pension Scheme (NPS).”

1.2 The principles that should govern the structure of pension etc have to be evolved taking into account the relevant constitutional provisions as well as judicial pronouncements by the Supreme Court of India in this regard.

1.3 Article 366(17) of the Constitution of the Country defines pension as under:

“ Pension: Pension means a pension whether contributory or not, of any kind whatsoever payable to or in respect of any person and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscription to a Provident Fund.” From this what is to be inferred is that the gratuity as well as commutation are also part of the pension as a whole. These are also to be treated as pensionery benefits.

1.4 The IV CPC went into the conceptual question of pension in detail. Some of the observations contained in their report are relevant in understanding the purport in the background in which the Central Government employees are placed today. This is reproduced below:-

“Para 2.13: Part II: The concept of “pension” however old in its origin, had the latent and real desire to provide for an eventuality – known and unknown. The known eventuality was old age and probable reduction in earning power, while the unknown eventuality was disability by disease or accident or death. Its real purpose was security, Even though the beginning was oblique, indiscernible and faint, but the germ of an effort to provide security ran through the provision and it is natural that it should have grown and flowered with the development of human understanding and desire to look after and provide for those who deserved it for man has constantly been seeking means by which to enhance his economic security. But the extension of the pension provision from military service to civilian public employment, resulted largely from consideration for the employees and the pressure of their organisations. Some benevolent employer goes to the extent of regarding pensions as an absolutely indispensable complement of wages – a terminal benefit. That, however, is apart from another aspect bearing on pension – the social aspect. The demographic structure of the population is changing because of the greater expectation of life. Thus, those who are now in middle age are going to be nearly twice as big an economic burden to their children as their parents are to them. The problem in such cases, has been tackled as a social obligation, including social insurance for citizens generally.”

“Para 2.17: In the very nature of things, every employee, who lives long enough, reaches a stage of diminished outturn of work or what may generally be called nonproductive years. That may, speaking generally again, be set to be the responsibility of his employer for whom he has spent the best years of his life. In a welfare state that may also be set to be the responsibility of the Government (where he is not in his employment) and, in more modern society, it may also be set to be the responsibility of the individual. So all three namely, the employer, the Government and the employee or one or the other of them, may be expected to contribute towards the pension according to the social or administrative set up of the country or society where the individual undertakes the service but the one common feature and object of pension is to provide for the old age of the employee for the simple reason that time has eroded his capacity to earn and he is unable to provide for himself. In a country like ours, where we have solemnly resolved to constitute it into a “Socialist” Republic and to secure to us all social and economic justice (Preamble), it behoves the Government to take care of its employees by providing terminal benefit like retirement pension when they become entitled to them. We may refer to the directive principle of the State Policy enshrined in Article 39 (a) of the Constitution that the State shall in particular direct its policy towards securing that the citizens have the justify to an “adequate means of livelihood” ….. If, such a citizen is an employee of the State, is it out of ordinary, and not as of a Constitutional directive, that the State should appreciate its duty to provide for him by means of a pension and/or other terminal benefits? (emphasis added) …. The concept of pension, therefore carries within it the germ of certainty, periodicity, and “adequacy”. ……. Ours is a Socialist State and the fundamental aim of Social security is to give individuals and families the confidence that their level of living and quality of life will not, in so far as, be greatly eroded by any social or economic eventuality, including the age of superannuation or oncoming disability”

1.5 The concept of pension has been explained more precisely in the Encyclopaedia of Social Sciences, Vol.11 as under:

“administrators and civic leaders interested in the improvement of Government services formulated the idea of pension as an efficiency device necessary for the orderly and humane elimination of superannuated and disabled employees no longer able to function efficiently for the proper operation of the system of promotions, for the attraction of better type of employees and for the improvement of working morale”

1.6 On the doctrinal approach the Encyclopaedia further states that:

“ A doctrine recently advanced and more far reaching in its implications regard the Public Service as the logical pioneer in the meeting of the old age problem as it affects wage earner in modern society. This doctrine considers a pension as a compensation paid to the employee for the gradual destruction of his wage earning capacity in the course of his work. Retirement being a proper charge against the employees, entire period of active service, the employer should make contribution towards the employees eventual retirement during each year of service of the employee, in a manner similar to that in which he annually sets aside a reserve against depreciation and obsolescence of his plant and machinery. Pensions, according to this doctrine, are an absolutely indispensable compliment of wages.”

1.7 In para 2.20 the IV Pay Commission has observed:

“but even though the Government service pension scheme in our country is non-contributory, it has been contended again by way of doctrinal approach, that this is not really so and that some allowance is made for the missing contribution while determining the salaries”

1.8 The Supreme Court in their Landmark Judgment (which has been approvingly quoted by the 5th CPC in D.S.Nakara and others Vs Union of India (AIR 1983 SC 130) held that Pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer. It is not an ex-gratia payment but payment for past services rendered. It is a social welfare measure rendering socio economic justice to those who in the hey-days of their life ceaselessly toiled for their employer on an assurance that in their old age they would not be left in lurch. The 5th CPC paying due respect to the above observation of the Honourable Apex Court in Para 127.6 of its report has stated that the pension is the statutory, inalienable, legally enforceable justify of employees which has been earned by the sweat of their brow.

As such the pension should be fixed, revised, modified and changed in ways not entirely dissimilar to the salaries granted to serving employees.

1.9 While examining the goals that a pension scheme should seek to sub-serve, the Honourable Apex Court held that “a pension scheme consistent with available resources must provide that the pensioner would be able to live:

(i) free from want, with decency, independence and self respect, and
(ii) at a standard equivalent at the pre retirement level”

The Court observed that we owe it to the Pensioners that they live, not merely exist.

1.10 From the above observation of the Supreme Court it is clear that pension is payable by the employer i.e., the Central Government to its retired employees which is their statutory and legally enforceable justify from which they cannot be deprived. That the amount of pension must be enough to enable a pensioner to live free from want with decency, independence, and self-respect and at a standard equivalent at the pre-retirement level.

1.11 Keeping the above observations and principles and judicial pronouncements in view, we submit below our suggestions for restructuring the existing pensionery scheme in appropriate chapters. We have made our submissions only in respect of issues where we want Commission to consider improvements in the existing provisions.

Click to read complete memorandum

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