Wednesday, July 30, 2014

Brief feedback on BPS Preliminary meeting with 7th CPC on 23rd July 2014

Friends,

BPS and BCPC were the first Pensioners’ organizations to be called for preliminary meeting with 7th CPC on 23rd to discuss the reply to questionnaire, the Memorandum & the allied issue submitted by them. 0nly 45 minutes were given to each organization. S.C.Maheshwari G.S. BPS /Chairman BCPC had the opportunity to discuss the issues from both the Forums:

Following issues were discussed & explained to the full satisfaction of the Chairman & the members of 7th CPC who were very receptive, patient & themselves actively participated in deliberations which ensued. At the end Chairman remarked that NCJCM Memorandum is very exhaustive, includes most of the issues raised today & that he will take it as a base for consideration.

1.New Pension Scheme: Response of commission was  negative. Commission was apprised of the back ground, its failure in other countries & the fate of EPS 95.They were also informed that it will be acceptable if 50% of last drawn is ensured.

2.Reasonable ratio to be maintained between maximum & minimum salary & Pension and adoption & adoption of common multiplication factor for revision

3.Ratio between maximum & minimum paid to be 5:1 for  Defense Personnel  and re-employment of ex servicemen as well as raising status of defense civilian pensioners to ex servicemen.

4.Inclusion of full DA in emoluments for calculating Pension. There was a very lively discussion on the issue in which the entire penal of 7th CPC participated & cross examined Secy.  Genl BPS. Finally they agreed to BPS point of view.

5.100% neutralization of inflation : It was explained to the  Commission  that 100% neutralization is  illusionary and DA is not sufficient, as the very system of calculation is faulty & unrealistic,

6. Payment additional pension to start from the age of 65 years. Chairman agreed that age of 100 years for Pensioners was illusionary.

7. Parity in Pensions :It was explained to the commission that full parity exists for High Court Supreme Court Judges, Govt. has agreed to OROP in case of Defence pensioners & Sr Bureaucrats (S32 & above ) have achieved it through modified parity formula of 6th CPC but for others who too are citizens of same category & same country even the formula for parity given by 5thCPC & accepted by Govt. is not being honored.

8. Pension to BSNL pensioners. It was submitted that since they are governed by CCS(Pension) Rules 1972. They be treated at par with C.G.Pensioners for the purpose of revision of Pension, Chairman advised to submit separate Memorandum

9. Discrimination in medical facilities to pensioners of Postal department & merger of 33 Postal dispensaries with CGHS.

10. Medical facilities. To Pensioners following issues raised in BPS memorandum were discussed in detail & the Chairman was agreeable to BPS views.

(i) “Health is not a luxury” and “not be the sole possession of a privileged few”. It is a Fundamental Right of all present & past Employees! 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. 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 right of all workers in terms of Article 21 read with Article 39for 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 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 suggest 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 all must be provided Health care services at par .

ii). 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 keeping in mind the workability as per market conditions.

(iii).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 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 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 suggest 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 suggest 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. DA /DR merger commission did not agree to discuss the issue as it is not covered byTOR

12.Interim relief Commission response did not appeared to be very positive on our stressing the issue they said they will look into.

13. 6th CPC anomalies. Chairman asked for submission of detailed list through supplementary memorandum.

14.Plight of those born on 1.1.1938/46:  Commission said, they will look into.

15. Plight of those retiring on 30June: Commission said,  they will look into.

16. Restoration of Commutation in 12 years: commission said they will look into the details provided.


17. Grievance redressel: Chairman was critical of the functioning of   the system already existing  & remarked “ you will not be benefited. Court is the only alternative”

Friday, July 25, 2014

Suggestion for Second Family Pension to Daughter-in-law

PREROGATIVES OF BOTH AS
A DAUGHTER-IN-LAW & A DAUGHTER
IN A FAMILY TO ALLOW SECONDARY FAMILY PENSION.

21st meeting of the Standing Committee of Voluntary Agencies (SCOVA) was held on 27.09.2012 at
Civil Services Officers' Institute (CSOI), Kasturba Gandhi Marg, New Delhi. An extract of Minutes
recorded on Date: 10th October, 2012 by the Pension Ministry is appended below.

Sl No. 9 of ATR :
Extension of secondary family pension to dependent widowed daughter-in-law.
In view of the decision of the Government not to grant family pension to a widowed daughter-in-law, the item was closed.
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In a family of parental or in-laws side, both the daughter and daughter-in-law share the customary duties required to follow and adopt in practice are being performed both in the capacity of a daughter-in-law. The following points for reconsideration of Powers-that-be.

1. Regarding a Right to Pension (Secondary Family Pension) in favour of a widowed daughter-in-law, there has been a notional thought of adversary is known from a reply to a Scova (Item No.9 of Action Taken Report) furnished above. To have a dispassionate conception on the issue, the following points are worth for reconsideration.

2. Both a daughter and a daughter-in-law will have blood relationship with the parentsand as well as parents-in-law. There is a custom to enter into marriage alliances between the children of Sisters and Brothers. There is also a custom of doing marriages between the children of Cousins’ Brothers and Sisters.

3. A daughter (Bride) when given in hand to prospective husband (Bridegroom) before elders by Parents or in their absence by somebody on behalf of bride’s parents perform KANYADAN (Bride Donation) amidst chant of vedic hymns. After this auspicious ceremony, the bride will assume the Surname and Gothram (these are hereditary of in-laws & bride groom) same Gothram and Surname of Parents performing themselves. From this point, the daughter-in-law would gain the important family member status while the daughters role will turn into back seat in the family.

4. Whenever and at any time the in-laws expires, only the sons and daughters-in-law of the deceased have the rights to perform funeral obsequies and the daughters and sons-in-law of the deceased will take a back position in offering the last prayers to deceased persons after the turn of important Kartha (Sons – while functioning as pallbearers & the eldest one in lighting the funeral pyre)

5. Unless there are a few compelling divorcees/desertions in the family, the daughters-in-law will continue in everybody’s life-time in managing their house holds including the welfare of sisters-in-law (Husbands’ Sisters) and thus never go back to parental houses. They have absolute property rights.

6. During the Regime of late Dr.N.T.Ramarao as Chief Minister of Composite Andhra Pradesh, looked into the plight of daughters into consideration and made Law providing a share in the property of daughter’s parents along with sons. Thus the daughters were also protected while facing wedlock atrocities – such as Dowry, Misunderstandings, Misbehaviour etc. By this, late NTR did not take away the rights of a daughter-in-law. All are protected.

7. Some of the Pensioners do not bear daughter(s) but only son(s). And also, the daughter’s-in-law parent(s) may not be Pensioners but only bread winners by having some vocation or agriculture field yields.

8. Majority of Hindus & other religions follow the above customs but, it is learnt, some section of parents do not look into the welfare of their own daughters the moment after wed-lock performance in the presence of elders with the consent of both the Bride and Bride Groom. It is also known that whenever any parents visit the residential house of their daughter after marriage, they go carrying their own food including drinking water without entertaining any hospitality of daughter. Perhaps it is due to keeping away from any possible misunderstandings, if any, on the part of their in-laws, wishing only the wellness and security of their daughters. Likewise, the Powers-that-Be should not also neglect one section of the daughters turned into
daughters-in-law in ensuring equality amongst the same gender.

9. Whenever any one of the parents-in-law expire, the daughters-in-law by custom will have priority and they alone to prepare food offerings orthodoxy manner (to Purohits/Bhokthas) while their husbands perform worship (pujas) to the departed soul and after for specified periods occasionally till one year and during their life time perform annual ceremonies which are customary. The daughter of lost parents will also observe mourning for 3 days and lead normal life thereafter including breaking a coconut while going into the sanctum sanctorum of a temple. It is not so with the daughter-in-law. She should follow the husband by mourning for 11 days from the day of death and should not enter the sanctum sanctorum of a temple and break
coconut any where while offering Puja till they complete Annual Ceremonies (3 days) for the departed souls.

10. Daughters-in-law when having absolute property right, they should have right to secondary family pension of their in-laws and Pension of husband. When the husband of daughter-in-law (Son) is unemployed and/or not a pensioner, the secondary family pension of their in-laws having a pensionable job has to be assured. However, the share of dependent daughter, if any, should also be protected as in the case of a property.

11. The grand children of Sons/Daughters who are the lien-holders of the parents and as well as parents-in-law are also made it eligible under specified conditions of secondary family pension or that of their father/mother. In other words, they all will have the same blood relationship in any form.

12. In sum, whether a daughter-in-law or a daughter, both have importance in every family in their respective house hold affairs and management according to customary methods and in a single life achievement of building in their respective Hereditary Trees of Family (Vamsham) Growth.

In the above circumstances of the case in favour of a Daugthter-in-Law to become eligible for Secondary Family Pension according to her turn, is all the more a necessary dispassionate move to meet the ends of natural justice. Powers- that- be may kindly consider and reconsider again on the proposal and also to take up with on going 7th CPC Decision, if required.
Proposed by:
M. Chandramowli, Secretary, Bharat Pensioners’ Samaj,  New Delhi 110 014 (and also)
Secretary Postal Officers’ Pensioners’ Association (POPA) Hyderabad 500020 – Mobile
9441072434 - eMail : chandramowlim@yahoo.co.in
Seconded by:
Lajpat Rai I.R.S.,(Retd-Dy.CIT.,) & Advocate (Patron of Cen.Rev.(I.T.) Retd.OfficersAssociation,
Rajasthan, JAIPUR residing in Janakpuri-New Delhi Mobile 08447020800 & Member,
Managing Committee Bharat PensionersSamaj.

eMail: lajpatrai76b@gmail.com

OTHER ISSUES FOR REDRESSAL.

1. At present there are 30 Fitment Tables against each Scale of V CPC Scales of Pay. The Scales of Pay/Fitment Tables may be prescribed for same cadre staff those recruited from departmental quota and direct quota should be the same to minimize the No. of Scales. For instance, S-15 same scale of 5th CPC (Rs.8000-13500) was divided into (PB-2 (last) & PB-3 (first)); S-11 and S-12 (5th CPC scales Rs.6500-6900 & Rs.6500-10500); S-16 perhaps a dying cadre & S-17 Rs.9000-9550; S-18 to S-20 with equal Grade Pay of Rs.6600; Like wise those who are drawing Grade Pay of Rs.7600 into one Scale/Fitment Table.

2. PSS Group B Officers (S-14) and Group A Officers (S-15) drawing Grade pay of Rs.4800 and Rs.5400 perform their duties as in charge of Postal Divisions are having the same nature and arduous duties being appellate and appointing authorities for the subordinate staff. Both should get same Grade Pay with a slight lesser Fitment Table for S-14 to maintain the status.

3. The GP of Rs.5400 for those Officers/Pensioners held posts prior to 1.1.2006 are denied of this benefit though they have served as such while in service for more than 4 years in PSS Group B due to delays while convening the DPCs. All such pensioners may also be given the benefit of increased GP from Rs.4800 to 5400 to main equality of pension due along with the upgraded scale of Rs.8000/- pre-revised as applicable to Direct Recruits under S-15 (entry Grade). This was also favourably decided by Dept. of Posts for Post-2006 pensioners in the year 2012 by an order. (O.M. No. 45-25/2011-Pension dated 09-07-2012 from the GOI, MOC & IT, Dept.ofPosts, Bhawan, Sansad Marg, New Delhi-110001 (Accordingly, on the basis of opinion tendered by the Pay Commission Cell of the Dept. of Posts and the Dept. of Pension & PW, as delineated at para 3 above, it is clarified to all concerned in this regard, that in so far as it relates to revision of Pension/family pension, as envisaged in the Department of Pension &PW OM.dated 14.10.2008, for being applicable to the JTS Group ‘A’ Pre-2006 Retirees of the Department of Posts is concerned, the corresponding replacement scale of the Rs.15600-39100 in PB-3 (not being an upgraded scale) as given at Sl.No.17 of Concordance Table annexed to their OM dated 14.10.2008 ibid shall only apply. )

4. Some of the Pensioners retired from Group A Services are also suffering from drop in pension as they got late promotions by untimely convening the DPCs. Their adhoc appointments are not regularised with regular selection from S-15 (PB-2) to S-15 (Gr.A Entry Grade Pay in PB-3) Though they have drawn same Grade Pay of Rs.5400 increased Pay Band scale of Entry Grade was not given. Such cases may also be got reviewed for Revision of Pay wef 1.1.2014 after giving Notional Promotion which was actually due (as per cadre review) and taking into account the service period spent on adhoc basis.

5. With the introduction of Uniform earned increment from 1st July in every year from the year 2007 the pensioners are facing drop in pension on the plea of their in absence from service on the forenoon of 1st July. The retirement actually takes effect from 1st July itself but retirement thrust on the previous working day’s afternoon. Till such time the relevant FR is amended, GOI may redress the grievance with the recommendations of 7th CPC. CCS (RP) Rules 2008 permits increment on 1st July if the revised pay in the revised pay structure is drawn even for 6 months. Those who are retiring from 1st Janurary should also get the increment after 6 months.

6. Similarly, a few pensioners those who have retired from service wef 1.1.2006 and 1.1.1986 and 1.1.1996 are denied of their actual Pay Revision itself. This is gross injustice. This may kindly set right by taking the date of retirement which is actually due to be effected and not on the previous working day afternoon.

7. The Fitment Tables and Grade Pay should also be allowed/revised keeping into account the existing promotional avenues under 3 MACPs in every 10 years of service extended from 1.9.2008. This has resulted in getting lesser Grade Pay than the subordinate by the Officers controlling the staff (for example AAOs/Senior Accounts after getting 3rd MACP in the offices of DAP and similar Units if any).

8. The benefit of MACP should also be extended from 1.1.2006 to avoid drop in pension being faced with a recurring loss by the affected pensioners.

9. Each Department/Ministry concerned should communicate the existing scales of each cadre working along with Fitment Table/Revised Scales of Pay for proper and correct pairing of scales for justified fixation of Revised Pay as per CCS (RP) Rules 1996, 2008 and 2014 (proposed). There are lot of inaccuracies in the tables shown in the Annexure given to Pension Ministry O.M. dated 28.01.2013 for extending modified parity.


10. C.G.H.S. Unit for Visakhapatnam was notified in SCOVA also right from 2010. Twice the proposals were diverted to (1) Tiruvananthapuram and (2) Ranchi. Now that a separate State is carved out for Telangana, there is no CGHS for Andhra Pradesh. New CGHS for Visakhapatnam and AIIMS for Vijayawada are needed. This may also kindly consider by 7th CPC under Right to Health of Pensioners similarly in other non-CGHS areas.

Suggestions made by Postal Officers’ Pensioners’ Association, Hyderabad Memorandum Paras (To add or amend Please) On 28th May 2014

Para 3.3: Full Pension is now allowed for 10 years of service of qualifying service. For Grameen Dak Sewa Employees in Department of Posts who retired in Tamilnadu, it was decided by the Hon’ble Supreme Court to extend the benefit of pension taking short fall period of qualifying service from the regular service, if any, put in by the petitioner earlier while coming on promotion to departmental status. This benefit may be extended by the 7th CPC to all such employees as explained in para 8.2

Para 3.17: The NDA Govt. allowed 50% of DA merged into Pay called DP and merged in Last Drawn Emoluments under FR 33 for fixation of basic pension. The 6th CPC diluted this and those who retired between 1.2.2004 and 1.1.2005 may be shown some dispensation while refixing the revised consolidated pension, this was not honoured. All such pensioner should also be given notional fixation as the DP once merged into Emoluments cannot be truncated.

Para 5.3: For eligibility of family pension, family members under sub-para (iii) should also include – Widowed / Divorced Daughters-in-Law who are actually dependent upon the pensioner equally along with a Daughter to avoid discrimination in the same gender AND ALSO to help those dependents whose parents are not Pensioners and not holding any Vocation to get the minimum family pension.

Para 5(f) to add: Grant of Certain Percentage of Pension / Family Pension in favour of physically and mentally disabled children who are eligible for family pension according to their turn till the parents cease to support towards hostel subsidy or conveyance charges. Severe disabled children/adults are to be admitted for their Care/Welfare in reputed Welfare & Rehabilitation Institutions at a considerable amount of fees towards lodging and boarding also. This is necessary till they get family pension according to their turn and to mitigate the existing economical hardship of such parents who are undergoing miseries.

Para 7.6 to add: Still there are 33 Postal Dispensaries to merge in the nearby CGHS head quarters. There will not be any administrative difficulty when the GOI is having Information Technology with e-Governance. The proposal for upgrading the Dispensary at Visakhapatnam is kept hanging in air since so many years even though the proposal was taken up in SCOVA and through local Hon’ble MP. The pensioners are suffering from the denial of Indoor Medical Treatment facility as explained in the knowledge of CS (MA) Rules 1944 (framed in Pre-Independence).

Para 8.7 to add: At present 20 years of qualifying service is needed for Voluntary Retirement. With the reduction of maximum 33 years of qualifying service, the same may be reduced to 13 years proportionately. EPS-1995 Pensioners Superannuate at the age of 58 years and/or also who has rendered pensionable service of 20 years of pensionable service or more, their pensionable service shall be increased by adding a weightage of 2 years under Section 10(2) of EPS Act, 1995.


Para 8.11 Pension Adalats: The present stipulation permitting the Pensioners Associations to take up and assist only those pensioners / family pensioners who are illiterates etc. should be withdrawn by the Pension Ministry.

Wednesday, July 9, 2014

Deposition before the 7th CPC about pension matters

Good News are that the 7th CPC has invited Sri S C Maheswari, Secretary General, Bharat Pensioners' Samaj for deposition before the 7th CPC on Wednesday the 23.7.2014 between 1100 and 1145 hours.  There is no RAHU-kalam or VARJYAM on this day.  We HOPE for the Best on our WISHLIST from Hon. NAMO.

Please SHARE this piece of Info with all our Pensioners.