BCPC FINALISED COMMON MEMORANDUM ON PENSIONERS HAS BEEN ADOPTED BY THE JCM NATIONAL COUNCIL STAFF SIDE
AFTER VARIOUS SUGGESTIONS AND MODIFICATIONS INCORPORATED THE FINAL DRAFT OF THE MEMORANDUM IS PLACED HEREUNDER
ANY
LAST MINUSTE SUGGESTIONS AND MODIFICATIONS BY PENSIONERS ORGANISATIONS
CAN BE EMAILED BEFORE 29.06.2014 TO NCCPA OR BPS EMAIL IDS FOR
INCORP0RATIONS.
Part
II
MEMORANDUM
ON PENSION AND
OTHER
RETIREMENT BENEFITS
CHAPTER
– I
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 right 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 right 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 right 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.
CHAPTER
– II
New
Pension Scheme (NPS)
2.1 The contributory pension system brought
in by the GOI through their notification dated 22.12.2003, now renamed as
National Pension System under PFRDA Act, has been imposed on Government
employees who entered service on or after 1.1.2004.
2.2 This is an illegal act in as much as
the Supreme Court of India had held Pension as an enforceable inalienable
fundamental right. Therefore it should be scrapped or at least not made
applicable to Government employees. This has also divided the CG employees into
two categories and therefore it is discriminatory in respect of persons who have
entered service on or after 1.1.2004 who had been denied the statutory pension.
Any discriminatory scheme is illegal and ultravires of Article 14 of the
Constitution. On this count also the NPS cannot be made applicable to the
Government employees.
2.3 The Centre for Economic Studies and
Policy, Institute for Social & Economic Change, Bangalore in a Study of
Terminal Benefits of the Central Government Employees sponsored by the VI CPC
had also observed that Civil Services Pension is in the nature of a deferred
wage. It is well known that the principle guiding the pay package of civil
servants is one of intentionally spreading out the compensation over a long
period of time, thereby the wages paid out during the course of the work tenure
is kept low by design, and the pension payments made during the retirement
phase compensate for the low working wages.
2.4 The above mentioned study under the
heading “Arguments against pension reforms” states as follows:
“Deferred Wage: In
the context of civil servant pension payments, it is argued that, the principle
guiding the fixation of pay package is one of intentionally spreading out the
compensation over a long period of time, whereby the wages paid out during the
course of work tenure is kept low by design, and the pension payments made
during the retirement phase compensate for the low working wages. The Supreme
Court of India 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 a payment for past services rendered. It is a social welfare measure,
rendering socio-economic justice to those who in the heyday of their life
ceaselessly toiled for the employer on an assurance that in their old age, they
would not be left in the lurch.”
“Larry Williams
observes “Actually, civil service pensions, because they are not based on
contributions, are best described as deferred wages. Civil servants accept a
lower current wage in exchange for the promise of a pension in their old age.
If this pension were contributory, they would insist on a higher wage and
government would have to either increase taxes or borrow (issue debt) to pay
it. The real cost of civil servants is thus much higher than recorded under the
current system of cash accounting. A good reform would be to move to a system
of accrual accounting setting up at least a notional fund to pay these deferred
wages” (Larry Wilmore, 2004)” “Public and private sector pay differentials: A
comparison of the public and private sector wages reveals that while the public
sector wages for the lower grades compares well with that of the private
sector, the salaries of the employees belonging to the higher grades are highly
unfavourable to the public sector employees. The post-retirement benefits that
the government employees are entitled to act as some incentive to retain them
in government sector.”
2.5 The above study had submitted the
following estimated pensionery outgo which tends to increase during the period
from 2014-2038. It is only after 2043 that it starts declining and will be
reduced to zero only in 2088. The table is given below:
Table showing estimated Employee
Pension Family Pension Total pension
pensionery outgo Payout (in Rs Pay out (in
payout (in
Year Crores) Rs.Crores) Rs.Crores)
2004 11300.69
2983.38 14284.07
2008 13532.84
3572.68 17105.52
2013 16549.07 4368.94 20918.02
2018 21862.54
5771.79 27634.33
2023 27723.68
7319.11 35042.80
2028 34076.27
8996.13 43072.41
2033 39321.68
10381.01 49702.69
2038 45164.50
11923.41 57087.90
2043 41747.23
11021.30 52768.53
2048 35011.92
9243.18 44255.10
2053 25405.44
6707.07 32112.51
2058 16303.15
4304.07 20607.22
2063 8179.51 2159.39 10838.90
2068 3159.88 834.19 3994.07
2073 800.68 211.34 1012.02
2078 110.26 29.17 139.43
2083 3.52 0.97 4.49
2088 0.00 0.00 0.00
2.6 The above study had also pointed out
that expenditure on pensions of civil servants of high income OECD countries on
an average is 2% of GDP (less than 1% in Ireland and more than 3.5% in
Austria*)(* Source: OECD Social Expenditure Database). But in the 8 South Asian
countries it is less than 1% of GDP (Source: World Bank Data base). However, in
India between 1964-65 and 2004-05 on an average pension payments (Civil Service
pension paid by Central Government) have constituted 0.51% share of GDP. The
Pension liability would continue to increase and reach 0.54% level by 2024-25
and remain at that level till 2014-25 after which they would decline as a
percentage of GDP according to the same study conducted by Dr.Gayatri at the
instance of VI CPC. These figures argue themselves in favour of continuation of
the Defined Benefit Pension Scheme for all Central Government employees instead
of throwing a section of them to market based NPS. According to 2011 census
62.8% are in the age group of 15 to 60 and only 8.2% are above the age of 60.
2.7 From the above projection it is very
clear that the benefit of NPS will commence only after 44 years i.e. in 2044.
And during the period it will increase exponentially as because in addition to
the Statutory pension liability the Government will be contributing to the NPS
also @ 10% of annual salary bill of the CG Employees who have entered service
on or after 1.1.2004.
2.8 The final conclusion of this study team
has been as under:
“Mainly given the
fact that the future liability although may be large in terms of the absolute
size is not likely to last very long and does not constitute an alarmingly big
share of the GDP which is also on the decline, it appears that pursuing the existing
Pay As you Go to meet the liability would be an ideal solution.”
2.9 Applying this conclusion we may suggest
that the NPS may not be made applicable to the Government employees and all
those who had been covered under NPS may be reverted back to statutory pension
scheme. The Government may be asked to study the experiences of this scheme in
several other countries in the world. In Chile such a scheme has been reversed
as because the return which the low paid employees got out of the annuity purchased
was not as good as 50% of LPD but as low as 20% of LPD. The UK Government had
to pay out of the exchequer large amount by way of subventions in order to
ensure that that annuities purchased yield 50% of LPD as pension. It is well
known that in USA where there were similar pension schemes dependent upon the
market had collapsed during the financial melt down from 2008 onwards. It is
estimated that more than 3.5 trillion $ worth of pension wealth was lost. The
workers not only lost their pension but also their jobs. Our respectful
submission is that taking into account the demographic considerations of India
which is a country of young do not need any such market oriented pension
scheme, particularly when the international experience is that such schemes had
failed and our country can afford to pay pension to civil servants which stands
at level of 1% of the GDP. We conclude by quoting the opinions of experts on
the future of market dependent pension Scheme.
Mr Joseph Stiglitz (Chief economic advisor
to former president of USA Bill Clinton, former vice-chairman and chief
economic advisor, World Bank, Nobel Prize winner, Professor of economics,
Columbia university) said that “Stock market does not guarantee returns. It
does not even guarantee that the stock values will keep up with inflation.
Privatization would not protect retirees against the social security systems
insolvency. Argentina’s privatization of its pension system was at the centre
of its fiscal woes”.
Mr Dean Baker
(Co-director for centre for economic and policy research, Washington) said
“Privatisation means that you would not have a guaranteed benefit that you have
today. It would
depend on how will
your investments do or how well they have done at the point you retire. He
quoted the collapse
of NASDAQ and Enron. In Britain, Insurance companies could not honour their
promises and the Government had to compensate with 8 billion pounds”.
We have requested the PFRDA Authority to
furnish certain information on their working ( copy enclosed). On receipt of
this information we may make certain further submission for the consideration
of the Commission.
Chapter
– III
Pension
Entitlement
Emoluments
for Pension:
3.1 The entire income in form of basic pay,
special pay or personal pay if any, deputation duty allowance etc are the
elements of pay proper and therefore confining the emoluments to the basic pay
as recommended by the IV and V CPCs is arbitrary an dtherofre should be undone.
The Dearness Allowance is meant to restore the purchasing power of pay and
therefore is only an addition to pay. In many countries there is no system of
DA. Periodically the Pay is revised / indexed taking into account the rise in
cost of living. Here also there is a system of merging the DA as DP for
purposes of pensionery benefits. In respect of gratuity already the DA is being
included with Pay and therefore there is no reason for excluding the DA from
the emoluments. We therefore suggest that the emoluments for the calculation of
pension should include:
(a) Basic Pay
(b) Any Special
pay or personal pay, or deputation duty allowance.
(c) Dearness
Allowance
(d)
Non-practicing allowance in respect of Doctors
(e) 75% of the
running allowance in respect of Railway Running Staff retired after 4.12.1988.
3.2 There
are persons who retire after having served for full year since their last
increment. The next increment which has already accured to them is however not
added to their amoluments for purposes of computing pension and other
pensionery benefits. It is therefore submitted that the Commission may kindly
consider and recommend that if a person retire on the day he has completed 12
months of service since his last increment, the increment accrued to him may be
added notionally to his basic pay and then the pension computed.
3.3 The VI CPC has already recommended that
the ten monthly average emoluments or the last pay drawn, whichever is more
beneficial, should be the basis of computation of pension. We have therefore no
further suggestion to place before the Commission on this issue.
Qualifying service for pension:
3.4 Casual Labour / Contingent Paid
Employees: At present Casual labourers / Contingency paid employees are allowed
to count their service towards pension @ 50% of the total period falling
between acquiring the temporary status and regularization and full service
thereafter. The above benefit is also subject to further condition that such
employees should be regularized and absorbed against a regular post. The
operation of this condition is so harsh that there are many cases in which the
entire service rendered non pensionable because the employee may be retired /
retrenched / die before such regularization. We, therefore, propose that the
50% of service before acquiring temporary status and full service after
acquiring temporary status irrespective of whether he / she was regularized or
not should count towards pension. Similarly these employees have to remain for
long durations without any regularisation and are deprived many amenities which
a regular employee gets. Not to treat their service pensionable for a
considerable period leaves them with very meagre pension and in some cases with
no pension. This is against the principle of social justice and therefore our
above suggestion should be considered by the 7th CPC.
3.5
Pensionable service of Casual and GDS: Recent judicial pronouncements
have directed the Government to take into account the date of entry in the
service as a casual labourer or a temporary status Majdoors etc into criterion
and not the date of regularisation to determine as to whether he or she is to
be brought under the CCS (Pension) Rules, 1972 or under the NPS. Therefore we
propose that all casual labourers, Gramin Dak Sewaks in the Department of Posts
etc are to be brought under the Defined
Benefit Pension Scheme under the CCS (Pension) Rules, 1972 for grant of pension
on their regularisation in the services, even though they are getting
regularisation after 1.1.2004 because they should be treated as having entered
the services before 1.1.2004 as per the judgment of Court. We therefore propose
that entire service rendered as a casual labour irrespective of the fact
whether he was granted temporary status or ultimately regularised should be
treated as pensionable service and the service rendered as GDS in Department of
Posts also should be treated in the similar fashion.
3.6 Interruption causing forfeiture of
service for pension: The existing provisions defining interruptions in service
causing forfeiture of past service for purposes of pension are quite
antiquated, unnecessary and unreasonably harsh, which should be removed from
the statue book. In formative years when the British Authorities were recruiting
Indians in their Administrative Services, it was noticed that during sowing and
harvesting seasons, a large number of employees used to go back to the fields
without any regular leave etc. As a deterrent, the rules regarding interruption
in service had been legislated then. Since most of the employees have now lost
their rural roots, such frequent and recurring interruptions are no longer
there. Interruption as and when rarely caused is due to reason mostly beyond
the control of an employee. We therefore, propose that instead of treating
interruption to cause an automatic forfeiture of past service for pensions, it
should be dealt with under CCA Rules. The provision causing forfeiture of
service for pension purposes on account of interruption may, therefore, be
deleted.
3.7 Resignation as retirement: Resignation
is tendered by a Government Servant in varying circumstances. It is felt,
therefore, that resignation need not always result in forfeiture of past
services (Rule 26 of Pension Rules) and denial of Pension. An objective view is
required to be taken by the appointing authority in the case of all those who tender resignation after completion
of 20 years of service. Such resignation may be treated as voluntary retirement
and benefits extended accordingly. In this connection we may cite the following
decisions of the Judiciary:
(a) CAT Mumbai
full bench OA No.1384/1985 decided on 8.7.1997
(b) CAT Ahmedabad
OA No.498/2002 decided on 18.03.2004
(c) CAT Jabalpur
O.S No.623.1991 decided on 13.10.1995
(d) Bombay High
Court WP No.615/1996 and WP No.2586/1997 decided on
28.02.2002
Even 5th CPC in Para 133.79 had recommended
that terminal gratuity at different rates be paid to those who resign after
putting in certain years of service and resignation after 20 years of service
may be treated as voluntary retirement and pension may be paid accordingly. We,
therefore, request the 7th CPC that the above recommendation may be reiterated.
3.8
There are certain employees who are in the CPF Scheme but could not opt
for the Pension Scheme in the year 1986. These are mostly women employees
employed in Atomic Energy Commission etc who could not make up their mind as to
whether they could render the requisite number of service necessary for grant
of full pension. In certain autonomous bodies while options for Pension scheme
have been obtained, this is not being granted. They may now be allowed to
revise their option. Our suggestion is that CPF / SRPF retirees may be granted
Minimum Pension.
3.9 The VI CPC has done away with the
requirement of 33 years of qualifying service for full pension. They have said
that full pension may be granted to those who have the qualifying service of 20
years. Therefore we have no further suggestion to place before the Commission
on this issue.
Rate of Pension:
3.10 We should keep in mind the observation
of the Apex Court that the pension scheme must provide so much that the
pensioner should 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 had
further observed that we owe it to the pensioners that they live; not
merely exist.)
3.11 Therefore taking into account that on
superannuation an employee is left with a „two unit family‟ generally and therefore if he is to be
enabled to maintain a standard equivalent to the pre-retirement level, the rate
of pension should be 67% of the last pay drawn. We therefore suggest that full
pension should be at the rate of 67% of Last Pay Drawn or 10 months average
emoluments, whichever is more beneficial.
3.12.
It is pertinent to point out that several countries in the world pay
higher rate of pension to their civilian pensioners. France is paying 75% of
last six months average emoluments as pension; Belgium is paying 75% of last
five years average as pension; Cyprus is paying 67% of final salary as pension;
Malta is paying 80% of average of best 15 years wages as pension; Our neighbour
Sri Lanka which is also in the lower middle income group of countries like
India in South Asia, is having a scheme called “Public Servants Pension Scheme
(Defined Benefit Scheme) established in 1901, as a mandatory scheme financed by
the Government budget is paying 85% to 90% (for 30 years of service) of last one
year annual salary at retirement as pension (Source: Sri Lanka Pension
Department Circular No.3/2004 dated 16.01.2004); The life expectancy in Sri
Lanka at 60 is 20.2% which is 3.5% higher than India.
3.13 In Pakistan which is another neighbour
and remains in the same lower middle income group of countries is calculating
pension on the following formula:
“Number of years of
service X Last Basic Pay X 7 and divided by 300. If an employee has served 35
years of service and received last basic pay as Rs.10,000/- then that employee
shall get a pension of 8.167/- (i.e., 81.67%).
3.14 In Bangladesh the retirement age is
57. The life expectancy at 60 in Bangladesh is 17.9 which is same as in India.
This country also remains in lower middle income group of countries like India.
But Bangladesh pays 80% of last pay as pension. In the war devastated country
of Afghanistan,, pension is calculated on last 36 months average; for each year
it is 2% and a maximum of 80% is given as pension in that country.
3.15 From the above comparison with some of
the world countries of both European as well as our own South Asian countries,
it is clear that all those countries are paying better percentage of pension to
their Civilian employees. India appears to be one of the less pension paying
country despite its image of one of the faster developing economies in the
world. We therefore suggest that the basic pension to be determined should be
67% at least on the basis of the last pay drawn or the 10 months average
emoluments, whichever is more beneficial to employee subject to the condition
that the pension so determined shall not be less than the minimum of the pay
scale of the post held by him at the time of his retirement.
BSNL Pensioners Issues.
Pension Revision of BSNL pensioners should
be made mandatory when ever wage revision is implemented in BSNL. Before the
formation of BSNL on 01-10-2000, Rule 37-A was incorporated to the CCS
(Pension) Rules, 1972 to ensure pension to the BSNL absorbed DOT employees from
the Consolidated Fund of Government of India. Subsequently, this position was ratified by the Secretary,
Department of Telecom vide his DO letter dated 15-05-2005.,that in respect of
employees who have been absorbed in BSNL,BSNL is liable to pay the pension
contribution in accordance with FR 116 and liability on account of pension
payable will be that of government of India. Surprisingly, DOT issued another
letter on 15th June,2006,reversing its earlier decision and linked payment of
pension with receipt of revenues from BSNL. This, being most dangerous and
certain to create problem in future for payment of pension, the unions took up
the issue seriously and the DOT was compelled to issue another letter stating
that the contents of the letter dated 15-06-2005 will not be insisted. But in
the absence of cancellation/nullification of the controversial letter dated
15-06-2006, when ever the pension revision issue of BSNL pensioners is
initiated, hindrances/road blocks are raised not only by DOT, but also by other
departments like Expenditure, Law and Public Enterprises,on the basis of the
above letter. This has happened when pension revision of pre 2007 BSNL
pensioners was initiated and now for pension revision on 78.2% IDA merger.This
position should not be allowed to continue and the BSNL pensioners should be
treated at par with central government pensioners, as they are covered under
rule 37-A of CCS(Pension) Rules,1972. Therefore pension and pension revision
should be granted to BSNL pensioners irrespective of the payments made by BSNL.
Other benefits granted to BSNL employees
from time to time should be granted to the BSNL pensioners also.
All the pensionary benefits,that may be
granted to the central government pensioners based on the recommendations of
the 7th Central Pay Commission should be extended to the BSNL pensioners as in
the case of 6th Pay Commission recommendations.
Additional Pension
3.16 It has already been well recognised
that as the age after superannuation further advances, not only the pensioner
becomes weak in limbs but also becomes more susceptible to various geriatric
diseases. He will have to incur additional expenses for his upkeep. There are
also the social obligations and increased expenses on medical treatment etc.
3.17 The Government of India has accepted
and implemented the 6th CPC recommendation of age-related additional pension
beyond the age of 80. However the 6th CPC did not recommend any addition to the
pension for a period of 20 years after superannuation at the age of 60. Their
argument was that every pensioner gets increase in his / her pension after 15
years when the commutated portion of his
pension is restored. This is not at all a valid ground. Even during
these 15 years the Dearness Relief is calculated on his gross pension and not
on his net pension after commutation and he earns interest on commuted value of
pension. Therefore there is no increase in pension on account of restoration of
commuted pension after 15 years.
3.18 In our opinion this needs certain
revision. According to SSO survey (2007- 08) 7.5% population only is above the
age of 60. Naturally this may reflect among the pensioners also. Life
expectancy at 60 is only 17.9 and at 70 it is only 11.8 (Source: Sample
Registration System O/o the Registrar General India). This means a Government
servant is receiving pension for 18 to 22 years. In the age group of 60 to 79,
in Rural areas 5% and in Urban areas 5.5% is confined to bed. In the same age
group 22.4% in Rural areas and 20.2% in Urban areas is confined to home due to
physical immobility (Source: National Sample Survey, 60th Round, 2004). After
retirement, their income from pension is nearly 1/3rd of their gross salary at
the time of retirement. But they have to spend more on medical care. This
age-group therefore also needs some relief by way of additional pension.
Incidentally Afghanistan which is one of the low income countries in Asia, is
having a retirement age of 65 with a formula of grant of additional pension at
the rate of 3% for each year after 65 years of age and the maximum 80%
additional pension is paid.
3.19 Therefore we seek the 7th CPC to
consider addition to the pension after granting 67% of last pay drawn (LPD) /
Average of emoluments as full pension on superannuation at 60 years of age as
under, because of prevailing life expectancy of Indian Citizen Age is 69.6
(assessed during the year 2011-15) and the old pensioner who is also considered
to be senior citizen has to wait for a period of twenty years on his retirement
to get an increase at his age of 80 maintaining his health from disease burden.
On attaining Age
of Pension admissible;
65 Years 70%
of L.P.D.
70 Years 75%
of LPD
75 Years 80%
of LPD
80 Years 85%
of LPD
85 Years 90%
of LPD.
90 Years 100% of LPD
Note: L.P.D= Last
Pay drawn or ten monthly average of the pay drawn whichever is more beneficial.
Minimum Pension
3.20 Though the concept of minimum pension
and the method of computing it have not been explained by any of the pay
commissions or the Government, it is clear that the Minimum Pension is 50% of
the Minimum Wage. The rationale behind the percentage has nowhere been
explained. We however think that in order to ensure that it is adequate, 100%
of the minimum wage should be the Minimum Pension. The very concept of Need
Based Minimum Wage is that this is a level of wage below which a worker’s family cannot subsist / survive and
remain capable to perform. That being the concept of minimum wage, it should
also apply in the case of Minimum Pension on the premise that any pension lower
than the Minimum pay is insufficient to enable a pensioner / family pensioner
to live or survive.
Dearness Compensation
3.21 We have no suggestions for improvement
of this issue except that Pensioners may be paid the same dearness compensation
viz., at the same rate as it is being paid to the serving employees. It should
be periodically merged with the basic
pension so that deficiency in the 100% neutralization in the cost of living is
partially compensated.
Merger of Dearness Relief with Basic
Pension
3.22 As on 01.01.2014, the Dearness Relief
compensation stands at 100%. The suggestion for merger of DR to partially
compensate the erosion in the real pension was first suggested by the Gadgil
Committee in the post 2nd Central Pay Commission period. The 3rd CPC had
recommended such merger when the cost of Living Index crossed over 272 points
i.e. 72 points over and above the base index adopted for the pension revision.
In other words, the recommendation of the 3rd CPC was to merge the
Dearness Relief when it crossed 36%. The Government in the National Council JCM
at the time of negotiation initially agreed to merge 60 % Dearness Relief and
later the whole of the DR before the 4th CPC was set up. The 5th CPC merged 98%
of DR with pension.
3.23 The methodology adopted for
compensating the erosion in the real value of pension in the interregnum period
had always been through the mechanism of merger of a portion of Dearness
Relief. The 5th CPC had recommended that the Dearness Relief must be merged
with basic pension as and when the percentage of Dearness compensation exceeds
50% accordingly even before the setting up the 6th CPC the Dearness
Relief to the extent of 50% was merged with pension.
3.24 It was totally ironic to note that
deviating from all other Pay Commissions, the 6th CPC had made a reversal and
recommended that no Dearness Allowance / Dearness Relief should be merged with
the Basic Pay of employees / Basic Pension of Pensioners. The recommendation
had dealt a severe blow below the belt as this recommendation denied everyone
from having any cushion against the erosion caused in the real value of pension
in between two pay commissions. Had the recommendation of V CPC been continued,
there would have been two automatic mergers of Dearness Relief by this time as
V CPC recommended such a merger automatically whenever the dearness relief
index crosses 50% mark.
3.25 The Central Government also taking
undue advantage out of the recommendations in the name of 6th CPC has been
stiffly denying any such merger of DA/ DR. This issue requires course
correction and we suggest that the 7th CPC should recommend for automatic
merger of DA / DR as and when the index crosses the 50% mark and before setting
up another Pay Commission entire DA should be merged with pay as was done by
the V-CPC.
The submission made in Staff Side
Memorandum on this issue are reiterated with a request that the commission may submit a interim report recommending that 100% of DR
may be merged with the basic pay w.e.f. 1.1.2014
Grant of Interim Relief
3.26 In Memorandum submitted by and on
behalf of Staff Side of National Council (JCM) on the above issue, 25% of basic
pension as Interim Relief for Pensioners and G D S of Postal Department has
been demanded. VII CPC may consider this demand and give an Interim Report to
the Government recommending that 25% of
basic pension may be granted to all pensioners w.e.f. September 2013 when the
Government had announced the seting up of 7th Central Pay
Commission.
Periodical Revision of Pensionery benefits
3.27 We submit that there should be a
system of periodical revision of pay / pension structure in Public Sector takes
place after every five years. Pay and Pension structure which should also be
revised after every five year. Present wage structure is based upon minimum
which is lower than Need based Minimum only through periodical revision it may
be attaining the fair wage and finally to living wage standard. Under Article
43 of the Constitution, State has to endeavour to secure living wage to all
workers. And this is possible over a period of time. It is on these
considerations that revision of wage / pension has to be done every five year
till the living wage standard is achieved.
CHAPTER
– IV
Parity
Between Past And Future Pensioners
4.1 The Government have recently announced
that “One Rank One Pension” shall be implemented in respect of Armed Forces so that the glaring
disparity between the persons of equivalent rank and status do not draw vastly
unequal pensions if they retire at different point of time is undone. Already
there is a complete parity in pension among the Judges of Supreme Court, High
Court and the Comptroller and Auditor General of India, irrespective of the
date of their retirement.
4.2 In so far as the Civilian Employees are
concerned the principle of parity in pension between the past and the future
pensioners was implemented by the Government as had been recommended by the V
CPC. The V CPC recommended that “as a follow up of our basic objective of
parity we would recommend that the pension of all pre-1986 retirees may be
updated by notional fixation of pay as on 1.1.1986 by adopting the same formula
(Revised Pay Rules) as far as the serving employees. This step would bring all
the past pensioners to a common platform on to the 4th CPC pay scales as on
1.1.1986. Thereafter, all pensioners who have been brought on the 4th CPC pay
scales by notional fixation of pay and those who have retired on or after
1.1.1986 can be treated alike in regard to consolidation of their pension as on
1.1.1996 by allowing the same fitment weightage as may be allowed to the
serving employees”. They further recommended that “the consolidated pension
shall not be less than 50% of the minimum pay of the post as revised by the CPC
held by the pensioner at the time of retirement”. The V CPC further said that
“this attainment of reasonable parity needs to be continued so as to achieve
complete parity over a period of time”. However the VI CPC totally ignored
these recommendations of the V CPC and has reintroduced the element of
disparity by not adopting the same formula for post 1996 retirees, and by not
recommending the same fitment benefit and other recommendations liberalising
the pension rules in respect of pre-2006 retirees. Thus a huge disparity
between pre-2006 and post-2006 retirees has been created by the VI CPC.
4.3 We therefore urge that pay of every
pre-2014 retiree should be notionally redetermined (corresponding to the post
from which he or she retired and not corresponding to the scale from which he
or she retired) as if he or she is not retired and then the pension be computed
under the revised liberalised rules which are to be applicable to the post-2014
retirees under the same rules which would be applicable to employees in service
as on 1.1.2014.
CHAPTER
– V
Family
Pension
5.1 At present the family pension is given
at the rate of 30% of Pay last drawn. However, family pension shall be equal to
50% (67% as proposed by us) of pay last drawn or twice the rates given above,
whichever is less and the amount so admissible shall be payable from the date
following the date of death of the Government Servant for period of 7 years or
for a period up to the date on which the deceased Government Servant would have
attained the age of 67 years had he survived / 10 years in case of death in
harness. The family pension is not less than Minimum Pension.
5.2 The prescribed period for which the
family pension is payable is as under:
(i) In the case of a
widow or widower, up to the date of death or remarriage whichever is earlier.
(ii) In the case
of a Son until he attains the age of 25 years.
(iii) The
unmarried / widowed / divorced daughter.
(iv) The disabled
mentally retarded child of the Government Servant.v
5.3 We suggest as under:
(a) The VI CPC
recommended enhanced family pension for
ten years in the case of death in harness only stating that a special
dispensation is justified for them(
Para-5.1.42 )and the government accepted /implemented the same, thereby dividing a single class of Family Pensioners.
Earlier the enhanced family pension was
for 7 years subject to ceiling of 58+7=65, / 60+7=67 yearsThe enhanced Family Pension on the death of the
Head of the family is intended for the family to stabilize the sudden drop in the take home
pay/pension and as the distress due to loss of bread winner, the enhanced Family Pension and the
financial insufficiency are the same whether it is the death in harness or pensioner’s death, it is felt that the
introduction of a different enhanced period for death in harness alone amounts to unfair labour
practice. As the distress, financial crunch and
sentimental depression are more or less the same , we feel strongly that
there is no need to differentiate
between the two ‘distress situations’.The Commission is requested to
recommend removal of this disparity to
enable grant of enhanced family pension uniformly in both the cases for 10 years keeping in view the
principle of social justice , equity and fair play.
(b) The quantum of
family pension for the period of 10 years should be equal to the pension of the
Government Servant was entitled as per Rules.
(c) After the expiry
of the above 10 years period, the family pension may be reduced to 50% of last
pay drawn
(d) In case of a
Son, the family pension may be allowed up to the age of 28 years. This is
suggested because the recruitment age has been raised in certain cases to 28
years.
(e) The concession
extended to a disabled mentally retarded child to receive family pension until
his / her death is subject to the condition that the said disability should
have manifested before the death of Government employee. We suggest that this
condition may be removed.
5.4 A Government Servant retired on medical
invalidation after rendering less than 10 years of service ( 5 years as per our
proposal) gets no pension. We suggest that he should be granted full notional
pension (i.e., 67% of his emoluments / Minimum pension, whichever is higher. On
death of such a Government Servant his family should get:
(a) Full notional pension / Minimum pension
during first 10 years after his death.
(b) 75% of last pay drawn or Minimum
pension, whichever is higher, thereafter.
Additional Pension:
5.5 In the case of family pensioners also
taking into account their solitude and inability to earn and the ever rising
cost of living etc we request for the enhancement of the family pension at the
following rates:
On attaining age
of Additional
Quantum of Family Pension
65 Years 5%
of Family pension
70 Years 5%
of Family pension
75 Years 5%
of Family pension
80 Years 5%
of Family pension
85 Years 10%
of Family pension
90 Years 20%
of Family pension
Extra Ordinary Pension
5.7 The 5th CPC in Para 135.17 of its
Report has recommended that regulation of compensation or disabilities
categorized under (b) and (c) should be:
“II – Cases of
disability (100%) resulting in discharge from service”
“Normal pension and
gratuity admissible under CCS (Pension) Rules, 1972, without insisting on the
requirement of minimum service of ten years plus Disability Pension equal to
the normal Family Pension, i.e., 30% (as per our proposal 50%) of the basic
pay”.
5.8 The Department of Pension & Pensioners
Welfare, while issuing orders on acceptance of the recommendation vide OM
No.45/22/97-P&PW(C) dated 3.2.2000 (incorporated in Appendix-3 of Swamy‟s Pension Compilation) the well-meaning
recommendation has been altered as follows:
“III – Disability
Pension – for cases covered under categories „B‟ and „C‟.
“(1)
Normal pension and gratuity admissible under the CCS (Pension) Rules, 1972 plus
– Disability Pension equal to 30% of basic pay for 100% disability.” This has
resulted in a Group „D‟ employee with 6 years‟ service, who has been invalidated (with 45% disability) and boarded
out of service not getting the minimum pension towards “Service element”. This
injustice is required to be set right.
5.9. Extension of Family Pension Under CCS
(Pension) rule, 1972 to CPSU absorbees who were compulsorily covered by the
“Employees Family Pension Scheme, 1971 on their absorption in Centyral Public
Sector undertaking and to those absorbees who were not eligible for family
pension since they were drawing more pay
than the prescribed limit for eligibility under the scheme.
Central Government
employees who were on deputation to Central Public Sector Undertaking /
Autonomouns Bodies (AB) and who were subsequently permanently absorbed in the
CPSU / AB were compulsorily covered by the ‘Employees Family Pension Scheme,
1971 framed under the Employees Provident Funds and Miscellaneous Provisions
Act, 1952 (Administred by the Provident fund Commissioners), if the said scheme
was in operation in the CPSU / AB in which the Central Government employees was
absorbed. And such of those absorbees who were drawing more pay then the
prescribed limit under the scheme not for family pension under EFPS – 1971.
Government of India
, Department of Pension & Pensioners Welfare vide its O.M No.
1-18/86-P&PW (D) dated January, 1990 accepting the request of the Staff
Side in the 29th ordinary meeting of the National Council (JCM),
revised the family pension entitlement of the absorbed employees and allowed
them an option to choose either Family Pension Scheme of the Central Government
(i.e. CCS (Pension) Rules) or by that of the CPSUs /Abs (ie Employees Family
Pension Scheme, 1971). These modifications to family pension entitlements of
absorbees were given effect to from the date of issue of the O.M. ie 22.1.1990
and were extended to only such of those absorbed employees who were in service
on the said date and who were permanent and had a qualifying service of not
less than 10 years in the Government. all other absorbees were compulsorily
covered by the Employees Family Pension Schem, 1971.
The Central
Government Employees who were permanently obsorbed in CPSUs / Abs and who
satisfied the conditions of qualifying service in the Government, but had
retired before 22nd January, 1990 could not opt to come over to the
Central Family Pension Scheme (CCS (Pension) rules, 1972) and were compulsorily
covered by the Emplyees Family Pension Scheme, 1971.)
As a result of the
above, there are now 3 categories of retired CPSU Absorbees. (1) Absorbees
eligible for family pension under Employees family pension scheme, 1971, (2)
Absorbees who are eligible for family pension under CCS (Pension Rules, 1972
and (3) Absorbees who are not eligible for family pension under any Scheme.
The VII Central Pay Commission is requested
to recommend removed of the disparity existing between the 3 categories of CPSU
Absorbees stated above by extending the provisions of CCS (Pension) Rules, 1972
to all the Absorbees uniformly making them eligible for family pension.
CHAPTER
– VI
Gratuity
And Commutation Of Pension
Gratuity
6.1 Retirement Gratuity is paid at ¼ of
basic pay for each completed six monthly period of qualifying service subject
to a maximum of 16.5 times of the emoluments. There is also a monetary ceiling
of 10 lakhs. This is applicable to all Government Servants who retire on
completion of 5 years of service. However, if a person dies in harness his
family is granted the gratuity at certain prescribed rates:
6.2 We suggest that the gratuity may be calculated
on the basis of 25 effective days as against 30 days in a month. We make this
suggestion because the Government Servant should not be paid at a rate lesser
than what is admissible under the Gratuity Act.
6.3 The ceiling of 16.5 times should also be
removed. This is because under existing rules gratuity is reduced in the case
of a Government Servant who has put in less than 33 years of service. In the
banking industry there is no such ceiling of 16.5 months‟ salary but the retiring bank employees are
getting at the rate of ½ a month salary for every year of service even over and
above 33 years of service. Therefore, it is but logical that for a service span
exceeding 33 years, the gratuity should be higher and the above ceiling be
withdrawn.
Commutation of Pension and its Restoration
6.4 Central Government employees are
permitted to commute up to 40% of their basic pension. We have no suggestion to
make in this regard.
6.5 In the light of Supreme Court decision,
commuted value of pension is restored on completion of 15 years or on reaching
75 years of age whichever is later. Most of the State Governments are restoring
full pension after 12 years or on reaching 70 years of age. We, therefore,
propose that full pension be restored after 12 years, or on reaching the age of
72 years, whichever is earlier. From the table given below it will be seen that
the entire commuted value gets repaid to the Government by the Pensioners
within 12 years.
Sl.No Details Age next
birth day = 61 years
1 Commutation
factor 9.81
2 Amount commuted
Rs. 100
3 Commuted value
received Rs.11,772
4 Amount
recovered in 12 years Rs.14,400
5 Amount
recovered in 15 years Rs.18,000
6 Excess
recovered in 12 years Rs. 2,628
7 Excess
recovered in 15 years Rs. 6,228
6.6 Now when the commutation factor has
been reduced and is applicable after 2008, the restoration of commuted pension
should be after 10 years. It will be seen that entire commuted value gets
repaid within 10 years as could be clear from the table given below.
Sl.No Details
Age next birth day = 61 years
1 Commutation
factor 8.194
2 Amount
commuted Rs.100
3 Commuted
value received Rs.9,833
4 Amount
recovered in 10 years Rs.12,000
5 Amount
recovered in 15 years Rs.18,000
6 Excess
recovered in 10 years Rs.2,167
7 Excess
recovered in 15 years Rs.8,167
6.7 Taking all these factors into account,
we suggest that the commuted pension may be restored on completion of 10 years
or reaching the age of 70 years, whichever is earlier.
CHAPTER
– VII
Medicare
7.1 The following landmark judgments of the
Supreme Court of India have held that the enjoyment of highest attainable
standard of health is recognized as a fundamental right of all workers /
pensioners in terms of Article 21 read with Article 39, 41, 43 and 48 of the
Constitution:
(i) Consumer education and Research Central
and others Vs Union of India (AIR 1995
Supreme Court 922)
(ii) Laxman Thammappa Kothagiri Vs General
Manager Central Railway & Others [2005(1)
SCALE)
(iii) Indian Medical Council Vs V.P.Shantha
& Others (1995(6) SCC651)
Therefore improvements in the existing
Medicare systems are absolutely essential. “Health is not a luxury”and “not be
the sole possession of a privileged few”.
It is a Fundamental Right of all present and post Employees. 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
for 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. We also request the commission to recommend to govt. to make
preventive health care an essential
ingredient of all health care schemes for retired Persons. CGHS and RELHS
should be expanded and improved also CSMA Rules 1944 be extended to pensioners
residing outside CGHS Area.
7.2 Nursing Homes / All India Private
Hospitals / Diagnostic Centres to cater for the CGHS beneficiaries should be
increased in such a way that they will be nearer to the residence cluster of
the beneficiaries. While selecting great care should be taken that no
beneficiary is required to travel more than 2.5 KMs to obtain treatment. In
Delhi, the recent approval for hospitals has been done without keeping the
distance of beneficiaries residence localities. Some areas have been completely
forgotten and some points have been given more than one referrals. This appears
well on paper and satisfies the Ministry but in practical terms it is more a
punishment for the beneficiaries.
7.3 We wish to invite attention of 7th CPC
to the recommendation made by the V CPC as detailed in Para 140.11 of their
report regarding extension of CGHS. Unfortunately, the well intentioned
recommendation has remained still as recommendation only. Under some plea or
the other, there had been practically no expansion whatsoever in this regard,
which is regrettable. A number of proposals had been forwarded to the
government by the many pensioners Associations but have been kept in cold
storage. The 7th CPC is requested to reiterate this important recommendation,
suggesting opening of new CGHS dispensaries as per prescribed norms securing
clearance from Planning Commission, wherever necessary.
7.4 Medical
facilities to Pensioners:
Smart Cards to Pensioners: Smart Cards may
be issued to all Pensioners from all Department (including Postal Pensioners)
and their dependents for cashless and hassle less medical facilities across the
country in all Government hospitals; all NABH accredited Multi Super Speciality
Hospitals which have been allotted land at concessional rates or given any
other aid or concession by any Government; all CGHS, RELHS and ECHS empanelled
Hospitals.
No referral should be insisted in case of
medical emergencies. For the purpose of reference for hospitalization &
reimbursement of expenditure thereon other than in emergency cases
Doctors/Medical officers working in different Central/State Govt. department
dispensaries/health units should be recognized as Authorized Medical Attendant.
7.5 Discrimination to P&T Pensioners:
The Central Government Pensioners, whether they were beneficiaries or not while
in service, are permitted to join CGHS on retirement. However the Ministry of
Health & FW had issued an order dated 1.8.1996 according to which all
P&T Pensioners who were not participating in CGHS while in service have
been debarred. This in itself is a very grave discrimination, which is not
permissible under Article 14 of the Constitution. This was therefore challenged
in Courts and the latest position achieved is that the Courts have held that
the P&T Pensioners may be permitted to participate in CGHS or alternatively
covered under CS (MA) Rules, 1944.
7.6 Postal Dispensaries: In the meantime,
following the recommendations of the V CPC and VI CPC, 19 P&T Dispensaries
in 12 CGHS Cities have been merged with the CGHS. Instead of now allowing all
P&T pensioners irrespective of the station they live, only those who are
living in these 12 Cities have been allowed to participate in the CGHS. This is
also discriminative because all other Central Pensioners are permitted to join
CGHS irrespective of the fact where they are living. It is therefore urged that
the 7th CPC should recommend that the above discrimination is put an end to and
all P&T Pensioners may be allowed to participate in CGHS.
7.7 The Department of Post running its
Postal (formerly P&T) dispensaries in 45 cities for outdoor treatment to
its working and retired employees. Out of them 19 dispensaries in 12 cities
have been merged with CGHS where CGHS and Postal dispensaries co-existed, by
Ministry of Health & Family Welfare vide Notification dated 9.7.2013. Now
there remains 33 dispensaries in cities namely, Vadodara, Agra, Moradabad,
Saharanpur, Varansi, Gorakhpur, Aligarh, Bareilly, Behrampur, Cuttack,
Siliguri, Jalpaiguri, Trichurapalli, Triunelveli, Ambala, Silchar, Dibrugarh,
Guntur, Nellore, Rajmundri, Vijayawada, Vishakhapatnam, Ajmer, Jodhpur, Kota,
Dhanbad, Gaya, Muzzafarpur, Chapra, Raipur, Amritsar and Jallandhar. In fact in
these Postal Dispensaries only outdoor treatment is given for serving and
retired employees, but for working employees indoor medical is given through
either CS (MA) Rules or by authorizing private hospitals like CGHS, (NO INDOOR
FOR RETIRED EMPLOYEES). From working employees no contribution is realized
whereas yearly contribution is realized from pensioners, on the other hand, in
CGHS there is no such discrimination between and retired employees with regard
to treatment and contribution both. IT IS BE NOTED THAT CGHS AND POSTAL
DISPENSARIES BOTH WERE FORMED UNDER THE CS (MA) RULES, THEN WHY THIS
DISCRIMINATION EXISTS BETWEEN CGHS AND POSTAL DISPENSARIEAS. The department of
Posts is required to amend its rules / instructions, so that the facilities /
contribution is made available to pensioners at per working employees alike
CGHS.
The VII CPC may kindly consider the above
state of discrimination between serving Postal employees and Pensioners and
recommend that Postal Pensioners may also be provided indoor treatment under CS
(MA) Rules.
7.8 Hospital Regulatory Authority: We
suggest that a Hospital Regulatory Authority shall be set up to ensure that the
hospitals provide reasonable care to Smart Card holders. This Authority can
undertake periodical revision of CGHS approved rates for several kinds of
medical treatment as well as for lab tests in consonance with the prevailing
market conditions so that no crisis develops like refusal of treatment by empanelled
hospitals.
7.9 Fixed Medical Allowance: The Government
fixed the rate of FMA as 300/- per month to the Pensioners not covered under
CGHS etc. Several appeals for revision of this amount in a realistic manner to
suite the conditions prevailing on counts like Doctor‟s fees, cost of medicines, rate of lab
tests etc went in vain as the Government stoutly refused to enhance this FMA in
a reasonable manner. It can be seen that the Employees Provident Fund
Organisation under the Central Government’s Ministry of Labour was paying a
monthly FMA to its employees at the rate of 1200/- prior to 6th CPC
when the other Central Government employees were drawing only 100/- per month.
The same EPF Organisation came forward to enhance the said FMA from 1200/- to
2000/- per month w.e.f. 1st March, 2013 for the serving employees, EPF
pensioners and family pensioners. When an organisation under the same Central
Government has taken steps to suitably enhance the Fixed Medical Allowance in
consonance with the market conditions, there is no justification whatsoever for
the Central Government to adamantly refuse to keep this FMA at a lowest level
of Rs.300/- per month which everyone knows is totally inadequate to the medical
needs of a pensioner’s family. When pressed the Government have stated that as
this allowance was introduced by the V CPC, the enhancement of its rates will
have to be considered and recommended by another pay commission. We suggest
that the 7th CPC recommend for refixation of FMA @ 2000/- per month plus DA thereon.
In addition this FMA shall be permitted to those pensioners who want to undergo
only Unani or Ayurveda or Homeopathy type of treatments even though they live
in areas covered by CGHS.
7.10 CS (MA) Rules 1944: In the interregnum
period of permitting all pensioners into the CGHS without any discrimination,
the CSMA Rules, 1944 should be extended to pensioners living in non-CGHS areas
and stations, which are at present not covered by CGHS. As recommended by V
CPC, vide Para 140.18 of their report, benefit of CS (MA) Rules, 1944 should be
extended to pensioners in non-CGHS areas at least to the extent of full
reimbursement of expenses incurred for hospitalization in a Government hospital
or hospitals recognized under CS (MA) Rules for the serving employees or those
hospitals recognised by State Governments for such purposes for their
employees. To cite examples, in the City of
Mysore, a number of hospitals have been recognized under CS (MA) Rules,
1944 for serving Central Government employees. But Pensioners cannot avail the
benefit merely because there is no CGHS dispensary there. Similarly, in Udupi
though the world-famous “Kasturba Hospital” is recognised under CS (MA) Rules,
1944 for serving employees, the Pensioners do not get the benefit merely because
there is also no CGHS dispensary available. “The benefit of the liberalised
orders bearing No. OM No.S-11011/7/99-CGHS(P) dated 27-4-20110f the MoH&FW
can not be availed by all pensioners living in non-CGHS areas as the order pre
supposes possession of a CGHS card by such pensioners.
7.11 Several cases of claims for
reimbursement of medical expenses incurred by pensioners living in non-CGHS
areas have been decided in favour of pensioners by the CATs and even the High
Court of Gujrat at Ahmedabad. “All the SLPs ( 34 in all ) filed by the
government of India in this connection have been dismissed by the Supreme court
of India on 3-4-2012 and Government of India had to issue orders directing all
concerned to allow reimbursement of the medical claims of pensioners concerned
living in non-CGHS areas /Stations.7th CPC is therefore requested to make
suitable recommendation in this regard in order that even if CGHS dispensaries
are not opened, for whatever reasons they may be, the Central Government
pensioners may avail medical in-patient facilities (in hospitals recognized
under CS (MA) Rules, 1944 for serving employees) and get reimbursement of
expenses from the departments to which they belong.
7.12 It is a fact that ESIC medical scheme
caters for more than 35 millions of beneficiaries in the private factory
employment sector. If the ESI System with a
network of 144 hospitals, 42 Annexes, 1400 dispensaries and tie up with
2041 private medical practitioners besides with a large number of Super
Specialty Hospitals can provide medicare, why should not CGHS / CSMA cater for
the medicare needs of more than 40 lakhs of employees and more than 30 lakh of
pensioners spread all over the country like the ESIC beneficiaries? The 7th CPC
may kindly examine the feasibility of improving the present CGHS / CSMA formats
to ensure Medicare to all Central Government employees and Pensioners. There is
no need absolutely to scout for alternate method. The recommendation of the 5th
CPC for suitably amending CS (MA) Rules, 1944 for providing indoor medical
attention to a very small segment of Central Government Pensioners residing in
non-CGHS areas should not pose any insurmountable hurdles. It is fortunate that
the nodal Ministry viz., Ministry of Health and Family Welfare, has accepted
the need for Medicare to 60 plus retired personnel that they should not be
deprived of the medicare and the Judiciary have taken cognizance of this
principle, there should be no hesitation in amending the CS(MA)Rules, 1944 for
providing in-door attention to the retired employees.
CHAPTER
– VIII
Miscellaneous
8.1 Pension and Dearness Relief and Fixed
Medical Allowance to be net of Income Tax.
The purchase value of pension gets reduced
day by day due to continuous high inflation and steep rise in cost of food
items and medical facilities. Retired persons / Senior citizens do not enjoy
fully public goods and service provided by Government for citizens due to lack
of mobility and many other factors. Their ability to pay tax reduced from year
to year after retirement due to ever-increasing expenditure on food, medicines
and other incidentals. Their net worth at year end gets reduced considerably
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 fag 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 on Pension and the DR – as recommended by 5th Pay
Commission in para 167.11 of their report.
8.2 Housing: Central Government
employees in occupation of Government Staff Quarters on retirement are
constrained to hire private accommodation at exorbitant and prohibitive rental.
They are per force to spend a sizable portion of the pension on rent alone.
While in services, though they are entitled to get house building advance etc,
most of them are unable to avail the facility and construct house for the
salary income they earn is incapable of making the both ends meet. It is
therefore necessary that a provision is made for reserving a percentage of the
number of residential units constructed by the State / Central Housing Boards
and Corporations, for outright purchase of allotment on instalment basis to
pensioners. We therefore suggest that 10% of the total units constructed by the
State Housing Boards, Central Housing Corporations etc to be reserved for
pensioners. Similarly quite a number of staff quarters sometimes lie vacant
without occupation by serving employees and such quarters may be allotted for
pensioners on payment of just licence fee only. In addition, dormitory type
single room tenements with common dining hall, library, cultural centre,
auditorium, basic medical facility etc may be constructed at the outskirts of
the cities and allotted to pensioners on payment of a reasonable amount. Until
such schemes are accepted and worked out, HRA may be granted to the Pensioners
on the same rates as is given to serving employees.
8.3 Travel Concession: Senior
Citizens on attaining the age of 60 years (Males) and 58 years (females) are
given fare concession in Railway travel at the rate of 40% and 50%
respectively. We suggest that retired Government Servants may be allowed the
facility of travel concession once in 2 years to any place inside India from
their place of their residence. We point out that the purpose of granting LTC
to serving employees has an in-built advantage of encouraging tourism
development, which is helpful to the economy in several ways. Similarly any
travel concession granted to Pensioners will also boost the tourism development
in the country besides bringing happiness at their old age.
After retirement, most of the pensioners spend
the time on spiritual activities. They
like to visit important religious places in the country. The Commission’s attention is drawn to the
fact that Government of Punjab is granting Travel Concession to all its
pensioners by paying one month’s Basic Pension for every block of 2 years. It was introduced from 1/1/1989 and the
payment is made in January every two years (Source: Punjab Government letter
No.1/15/89-IFP-II/8078 dated 31/8/1989). In the past 25 years the cost of
everything has gone up. The Commission is requested to
recommend to the Government to pay 3 months Basic Pension as Travel concession
and the facility may be extended once in 2 years to all those pensioners/Family
Pensioners including family Pensioners other than spouse, who are at present
not getting travel facilities as departmental advantage.
8.4 In the last decade, the social fabric
has undergone a drastic change. The
Indian Parliament had to enact a law for the kith and kin to look after their
parents. After the death of a pensioner,
cremation/burial has to take place in an honorable manner. Each religion has got its own custom and
rituals and the cost is very high. It is
to be noted that Andhra Pradesh Government is granting an amount of Rs.10,000/-
as ‘Death Relief’ to its pensioners, Family pensioners (Source: AP Govt. G.O.
MS.No.102 Finance (Pen.I) Department dated 6/4/2010 & G.O. M.S. No.136
dated 29/6/2011). The Commission is
requested to recommend an amount of Rs.10,000/- as ‘Death Relief’ in the event
of death of pensioner, pensioner’s spouse or Family Pensioner.
8.5 Family Security Fund: The family
of the Pensioner shall be granted a lump sum of 1,00,000 on the death of the
Pensioner by introducing a scheme for Family Security Fund with the arrangement
for contribution by the pensioners. At present such scheme is in existence in
states like Tamilnadu, where the Pensioner is contributing a monthly
contribution of 80/- and in the event of his / her death, the spouse is given a
sum of Rs.50,000 as family security fund. Therefore the 7th CPC is requested to
examine this proposal for framing such a scheme for facilitating payment of at
least 1,00,000 rupees on the demise of the pensioners to their spouses.
8.6 Pension Adalats: The system of
Pension Adalat was introduced initially by Department of Pension and Pensioners
Welfare and later on adopted by Railways,
Defence, P&T Departments. The V CPC in Para 139.17 had recommended
that this system is very effective in finalising disputed cases of pensions and
should be introduced in all the
departments. These adalats should also function for settling the cases of field
formations and meet at least once in quarter. The representatives of he Pensioners Associations should be allowed
to present the cases of the concerned pensioner who may not be conversant with
the rules. The above recommendation which were not mandatory has not been
implemented. We therefore request 7th CPC that it should be made mandatory on
all the Ministries and Departments of Indian Government to conduct these
Adalats periodicaly and without fail. We also suggest that these Adalats may be
conducted at different levels with the following frequency:
(i) Divsional
level Once in 3 Months
(ii) Zonal /
Regional level Once in 6 Months
(iii)Head quarter
level Once in a Year
(iv)Ministerof
State in DOPT level Once in 2 years
“The OM No.
44013/2/2010-Coord dated 25-3-2011 issued by the Department of Pension &
Pensioners’ Welfare is required to be amended suitably.
8.7 SCOVA: The forum of SCOVA
(Standing Committee of Voluntary Associations) is facilitated by the Central
Government for interaction with the Pensioners’ Organisations for discussing
the issues of pensioners. This forum has no statutory authority as negotiating forum founded for negotiating
issues of Central Government employees viz., the National Council JCM with
mandatory facility for compulsory arbitration and other benefits like National
Anomaly Committee to sort out the anomalies arising out of implementation of
Pay Commission reports etc. Similarly there is no system of granting
recognition to representative organisations of Pensioners and at present it is
at the pleasure of the Central Government to nominate any representatives from
any pensioner Associations. Some of the Pensioners Organisations are invited to
SCOVA as Members on a rotational basis only. The number of central government
pensioners belonging to various departments is no doubt in great numbers and
therefore there is necessity to establish a forum with formal authority for
discussing and negotiating issues of pensioners. It can be seen that there are
hundreds of pensioners’ federations, associations, organisations in the
country like mushroom growth and there is no orderliness amongst them and each
and every pensioner organisation is raising its own demands. There is no
orderliness in this system. Therefore, we suggest, that the VII CPC may
recommend to the Government to upgrade the status of the SCOVA like the other
forum of National Council JCM with separate Rules framed for granting
recognition to Pensioners Organisations to give them representation in the
SCOVA. All the All India Pensioners Associations/Federations may be accorded
recognition & extended such facilities as have been granted to the serving
employees Association/Unions/Federations. The SCOVA may be renamed as Joint National
Council of Pensioners Organisations. It should be a two tier system one at
National level and other Departmental Level.
8.8 Improvement
of ex-gratia to CPF/SRPF (C) retirees and their families:-
Ex-Gratia payment to
CPF / SRPF (C) pre 1.1.2006 retires and their families / dependent children was
sanctioned earlier as follows:-
CPF/SRPF (C)
retirees Rs.600pm
+ Dearness relief from 1.11.1997
Widows and
dependent
Children of deceased Rs. 605 pm + Dearness
relief from CPF/SRPF (C) retirees 1.11.1997
Subsequently these have been revised as
follows:-
CPF/SRPF (C)
retirees at time of retirement EX-
Gratia
Group “A” Service Rs.3000
pm + DR
Group “B” Service Rs.1000
pm + DR
Group
“C” Service Rs.750
pm + DR
Group
“D” Service Rs.650
pm + DR
Effective
date: 1.11.2006
SRPF (C)
4.6.2013
CPF
Widows
and dependent
Children
of deceased Rs.645
pm + DR
CPF/SRPF
(C) from
4.6.2013
Dearness ex-gratia as above is reckoned
before applying dearness relief.
These amounts are utterly inadequate even
for hand to mouth living in the resent scenario of high cost of living and
spiraling inflation. Request were earlier made to grant one more pension –
option to the surviving CPF/SRPF (C) retirees or to grant them 1/3 rd pension
as given to PSU absorbees, but the same have not been agreed to.
8.9 We
submit that VII CPC may consider our following suggestion
Period for service for granting ex-gratia
in their cases should be brought down to 10 ears as in the case of eligibility
for pension. They should be granted one time option for pension as recommended
by the IV CPC . Minimum ex-gratia to the beneficiary well as the family should
be equivalent to minimum pension / family pension of the grade in which they
retired as revised from to time. It need to be appreciated that they also had
rendered satisfactory service to the government. they worked in more arduous
circumstances when the country was relatively undeveloped with low salaries,
incremental rates and promotional avenue. They and their families should not be
condemned with low rates of ex-gratia and denial of several benefits extended
to pensioners / family pensioners for error of judgment on their part in not
opting for pension when options were extended because of their inability to
foresee the development of the country and the vast changes that have been
taking place after their retirement. They are a fast disappearing category and
grant of full benefits on par with pensioners will not cause any undue
financial burden to the government. in addition to revision of ex-gratia rates
on par with pensions and family pensions, they have also to be extended
benefits such as same rates of DR granted from to time, ex-gratia to their
dependent unmarried / widowed / divorced daughter above 25 years of age, fixed
medical allowance, widow passes to the families of deceased SRPF beneficiaries
etc. India is a welfare state and the discrimination going on against them all
these years is against the very letter and spirit of constitution of India and
the concept of welfare state embedded in the directive principles of state
policy.
Admissibility of Ex-Gratia to widowed /
divorced / unmarried daughters
Family pension under CCs (Pension) Rules,
1972 is being paid to eligible widowed / divorced / unmarried daughtersbeyond
the age of 25 years for life if they continue to be eligible for payment of
family pension. But in respect of the dependent widowed / divorced / unmarried
daughters of CPF / SRPF beneficiaries, payment of family pension is stopped
when they complete the age of 25 years. Hence it is requested that the VII CPC
my please recommend extension of the benefit admissible to the above category
of Central family pensioners to the dependent of CPF / SRPF beneficiaries also.
8.10. Representations in various committees : As
recommended vide Vth CPC report Vol III para 141.30 Pensioners’ representatives
should be included in various committees & other Fora of Govt where issues
relating to the welfare of pensioners are likely to be discussed & debated
:
Discussing and deciding the matters
relating to Pensioners, with representatives other than those of pensioners, is
unfair & against the Rules of ‘Natural Justice’. At present various
Committees like National Anomaly Committee (NAC) and JCM (on Pensioner
matters), are there, wherein matters / policies relating to pensioners’ welfare
are discussed and decided, but they do not have pensioners’ representatives
with the result their viewpoints, hardships & anomalies are not properly
represented. As pensioners are a homogenous class, there is an urgent need to
constitute separate Committees for pensioners wherein matters / policies /
anomalies relating to pensioners of all Groups, categories & departments may
be discussed.
8.11. 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 126.5 that any Court Judgment 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 life, are
forced to approach the legal forums, seeking the same relief. This in turn,
bulges court dockets.
The Commission is
requested to recommend to the Government to strictly follow the provisions on
“filing of appeals in the National Litigation Policy document dated 26.3.2010
issued by the then Hon’ble Minister for Law.
Seventh CPC is requested to look into this
matter once again and to issue suitable guidelines as deem fit and
necessary.
8.13 Pension
Act, 1871 (Act 23 of 1871):
The CCS (Pension) Rules, 1972 were notified
under the powers vested under proviso to Art. 309 of the Constitution and not
under the Pension Act, 1871.
The Act is a legacy of the former colonial
Government The Pension Act 1871 is in the Statute Book but has no relevance or
reference to the pension format of the Central Government employees but the
Government is sticking to the archaic Act. it is to be remembered that the
Government, committed in the Parliament that it will be revised and reflect the
latest developments of social security.
(refer Lok Sabha discussion on 10th and 16th April
1981). Neither the Monitoring Committee of the Parliament on Assurances nor the
Government had taken any concrete steps in revsing 1871 Act.
The Gajendragadkar Law Commission had
advised the Government of India to change the Pension Act, 1871 in 1972 but
nothing was done.
S/Sri V.N. Gadgil and Parulekar (the then,
MPs) moved a substitute bill in the budget session of Parliament in replacement
of the Pension Act, 1871. The issue was discussed on 16th and 30th
of April, 1981 Shri P. Venkatasubbiah, the then Minister of State for Home
Affairs gave an assurance of bringing in an amendment to the Pension Act.
(Incidentally, 82 MPs had s upported this move.)
Pensioners Association had brought matter
to the notice of the Government of India through SCOVA meeting.
The Following sections of this Act violate
the Constitution of India
(a) Section – 4: No Civil Court shall entertain any suit relating to any pension.
(b) Section – 6: Shall entertain suit only on receipt of a certificate from the
Collector / Deputy Commissioner that the case may be tried, but the court shall
not make any order by which the liability of Government to pension is affected.
The Following go against the CCS (Pension)
Rules, 1972:-
(a) Section - 5 :- The claim for pension to be made to the collector / Deputy
Coommissioner.
(b) Section – 8:- The Pension payments to be made by the Collector / Deputy
Commissioner
(C) Section – 15:- Confers powers to the
Central Government to make rules only to provide for nominations under Section
– 12 A.
The following are outdated / have no
relevance to pension matters:
(a) Section – 7:- Relates to pension for lands held under grants in perpetuity.
(b). Section – 9;- Relates to saving of rights of grantee of Land revenue.
(c) Section – 13:- Relates to Grant of
reward equivalent to amount of pension to those who inform about persons
receiving pension fraudulently or unduly.
No doubt, the subject “Repeal of Pension
Act, 1871” comes within the purview of the Law Commission. Two years ago, the
Department of Pension and Pensioners Welfare called for opinion of Pensioner s
Associations on this, but it stopped at that. Since this Act has been used by
the Government to frame the “Payment of Arrears of Pension (Nomination) Rules,
1983, exercising Power under Section – 15 of this Act and since Section – 11 of
the Act is also current on date, it appears to be in the fitness of things that
the VI CPC suo moto examine this aspect and make suitable recommendations to
the Government”
The VI CPC did not touch the legal aspect
of New pension Scheme and simply referred the matter to a study team as
mentioned in para 2.3, 2.4, and 2.5.
It is further to add that the New pension
Act 2013 was placed without repealing the pension Act1871, nor repealing the
CCS (Pension) rule 1972 which have been introduced in our country as per
provision of Article 30 of the Constitution of India. This action of the
Government of India appears to be in taking away the rights and privileges
guaranteed under the provision of Article 19 (i) (i), Article 39 of the Constitutioon
of India and is liable to be challenged before the country. The Apex Court has
already accepted a petition of land Acquisition Act and kept the new act
pending operation till judgment is delivered. The VII CPC may kindly examine
the need for contrivance of Pension Act 1981 as also the PFRDA Act 2013 and
recommend for their Repeal.
Para
8.14.
Uniform format of PPO – It is observed that
different Ministries/ Departments have prescribed different forms of PPO. It is
suggested that there should be a uniform format of pension payment order for
all Central l Government pensioners, irrespective of their departments and all
old PPOs should be replaced by the proposed uniformed format. This also should
provide the particulars of prospective eligible family members, their dates of
birth. etc.
O0o
