RESOLUTIONS OF NCCPA TRIENNIAL CONFERENCE
Resolutions adopted unanimously in the 4th AIC of NCCPA at
Jaipur on 2.11.2019
1.
On Option
Number 1 of 7th CPC Recommendation:
The 7th
Central Pay Commission had recommended for Option Number 1 fixation of pension
to all Pre-2016 Pensioners in addition to Option Number 2 fixation on 2.57
fitment factor, to be applied whichever is more beneficial. The rejection of
this particular recommendation as not feasible by the Government on the
recommendation of the High Level Committee headed by the Pension Secretary was
not only arbitrary but also untenable on facts.Various arguments advanced by
the stafrf side of the JCM and almost
all Pensioners associations ciiting other documents with which the fixation
under Option Number 1 is feasible were rejected
without assigning any reason by the Government.The Pay Commission headed
by the Supreme Court Judge had
recommended for the Option Number 1 in lieu of One Rank One Pension extended to
armed forces pensioners by the
Government on the basis of an in depth analysis of all relevant factors. This 4th
AIC of NCCPA while welcoming the Option Number 3 containing in the Government
Order dated 12.05.2017,demand that the option No. 1 should be extended to those
pensioners who claim that the said option would be beneficial for them..
This All India
Conference also unanimously resolves to seek the adjudication of the Principal
Administrative Tribunal through the NCCPA at the earliest as already decided by
the National Executive of NCCPA.
2.
On Pre-2006
Pensioners:
The 4th AIC of
National Coordination Committee of Pensioners Association held at Jaipur on 1-2
November, 2019 hereby unanimously resolves to request the Government of India
to abandon its negative stand of denying fixation of pension to past pensioners
on the pay scale as implemented to the same cadre or post while allowing
fixation to pensioners only on the replacement scale in which the pensioner had
retired. Several Courts have ruled in favour of extending the benefit on par
with the upgraded scale of pay if any was allowed to the same cadre or post
from which a past pensioner had retired. While through different orders the
Government of India had extended improvement in pension fixation to the
Pre-2006 Pensioners vide 12.05.2017 and 04.01.2019 for granting the fixation in
a better manner and also by granting the upgraded Grade Pay of 4600 to
6500-10500 or equivalent scale holders instead of 4200 GP earlier granted, full
justice is still not extended. The grant of benefit in fixation in the upgraded
scales of pay to the past pensioners and also the extension of the benefit to
pre-2006 pensioners of all cadres and posts instead of only the replacement scale
in which the pensioner had retired alone will grant full justice to the
Pre-2006 Pensioners. This conference
resolves to request the Government to abide by the oft repeated dictum of the
Supreme Court not to drag petitioners to the court by not granting the benefit
to the similarly placed litigants. It
would like to remind the Government and
the top echelons of the bureaucracy that it would be a cruel joke to drag the
poor pensioners to costly litigation, where finality is reached on the basis of
the judgement of the highest judiciary in the country, viz. the Supreme Court. This
Conference therefore urges on the Government to come forward to set right this
problem immediately as already ordered by different CATs and High Courts.
3.
On Date of
Effect of MACP:
The 4th All India
Conference of NCCPA notes with concern that while the Government and the
Defence Ministry could extend the benefit of implementation of MACP from
1.1.2006 as ordered by the Supreme Court of India, the same benefit is not extended to the Civilian pensioners by the
Pension department. The considered stand of the Supreme Court that
MACP is a matter related to the pay and not with allowances and therefore had
to be paid only from the date of wage revision is a matter of in ram and definitely
not a matter of in persona judgment. Therefore while accepting and implementing
the order of the Supreme Court to one department and denying the same to other
civilian departments is a sheer discrimination. This Conference also desires to
remind the Government of the commitment made by the Cabinet Secretary in the last
JCM National Council meeting that all in ram judgments will be implemented to
all similarly placed persons. Therefore we urge upon the Government to issue
orders for grant of MACP from 1.1.2006 itself instead of 1.9.2008 for all
departments, so that the benefit can be availed by eligible serving employees
as well as the Pensioners retired on or after 01.01.2006.
This Conference also directs the
NCCPA Secretariat to file a court case in this matter if the Government of
India is reluctant to grant the issue to all Civilian Employees and Pensioners
retired on or after 1.1.2006 by collecting 1000/- per individual beneficiary of
all organizations affiliated to NCCPA as already resolved by the National
Executive meeting.
4.
On grant of
three MACPs to Promotee Officials:
This 4th AIC of NCCPA
notes the fact that several CATs and High Courts have ruled in favour of
granting three MACPs from the date of elevation to the higher cadre by
successfully competing in the examination and not by getting eligibility by
getting through a qualified examination. Therefore all elevations attained not
in-situ by seniority-cum-fitness or by qualifying examinations shall not be
treated as the promotion granted by the Departments in lieu of their normal
hierarchical promotions. The treatment of denial of either one or two financial
up-gradations under MACP scheme by subtracting the elevation attained by
competitive examinations from the three MACP up-gradations is therefore
unjustified. It is not out of place to mention that the former TBOP and BCR
promotions which later named as financial up-gradations in the P&T
Department were granted not by subtracting their earlier elevations to higher
cadre through competitive examinations but afresh from the date of their entry
in the higher cadre. This Conference also points out that even the judgment of
High Court of Madras and the dismissal of SLP by the Postal Department in the
Supreme Court have conceded this point. Therefore this Conference urges on the
Government to come forward to modify the MACP Scheme in such a manner that MACP
numbers are not reduced to eligible Promotees but giving the option of benefit
between coming over to MACP scheme or remaining in the old TBOP/BCR scheme to
individual employees and pensioners.
5.
On grant of
ACP on Promotional hierarchy:
This 4th All India
triennial Conference of National Coordination Committee being held at Jaipur
from 1-2 November, 2019 hereby resolves to urge the Government of India to
annul the condition of grant of MACP on grade pay hierarchy instead of
promotional hierarchy as like the earlier ACP system. The benefit of increasing
the number of financial up-gradations from two to three has actually resulted
in reduction of the benefit of elevation in pay scales. As the ACP was granted
on par with the promotional hierarchy of the cadre, though the number of
financial up-gradations were only two, the officials were able to go higher
than the present system of MACP granted on grade pay hierarchy. The reduction
of actual benefit available to officials cannot be the aim or motive of the
Government while increasing the number of financial up-gradations. The present
change from promotional hierarchy to grade pay hierarchy has adversely affected
the officials in many departments like the Defence, Central Ground Water Board
etc. This issue was taken up in the National Anomaly Committee on MACP but so
far no positive result. In the meanwhile several cases in the CAT of Ernakulam,
Chandigarh, Delhi and Guwahati have delivered a judgment to grant MACP also on
promotional hierarchy. The Government is not yet come forward to reconcile to
the court verdicts and alter its stand on MACP system. This Conference of NCCPA
therefore resolves to urge upon the Government to come forward to change the
system of up-gradations under MACP also
on par with the promotional hierarchy of each cadre to really extend the
benefit to employees by introducing the MACP system of minimum 3 up-gradations
in a career.
6. On
grant of annual increment to 30th June Retirees:
The issue of grant of annual
increments given out on 1st July every year and the result of 30th
June retirees retiring therefore without the benefit of one increment after
serving for a full year has engaged the debate of the Conference of NCCPA being
held at Jaipur from 1-2 November, 2019. The Conference also noted that the case
of Ayyamperumal a retiree on 30th June had won in Honourable Madras
High Court and that both the SLP and Revision Petition filed by the Government
against Ayyamperumal have been dismissed by the Apex Court after going into the
merits of the case. The judgment in Ayyamperumal case is a verdict of general in nature Therefore the issue of grant of an annual
increment to 30th June Retirees is to be conceded by the Government
by effecting necessary amendment to the Financial Rules of GOI and all
employees retired and retiring on 30th June shall be extended with
the benefit of fixation of Pension and Retirement benefits accordingly. This
triennial conference of NCCPA resolves to urge the Government to come forward
to make the necessary changes in the Rules and extend the benefit to all
Pensioners retired on 30th June.
7.
On CGHS:
The purpose of forming CGHS was to
cater to the medical needs of the Central Government Employees and Pensioners as
well as Parliament Members. Several changes to improve the CGHS so that the
beneficiaries are extended with better facilities have been made by the Health
Ministry / Government from time to time. In spite of these improvements there
exist several lacunae in the system of CGHS that deter the beneficiaries from
getting the medical benefit in a hassle free manner and without undue
difficulties. We note that the following main issues continue to daunt the
beneficiaries particularly the senior citizen pensioners:
1. Vital
Medicines are made available to the beneficiaries on their first visit to the
wellness centres but they are forced to come back after three or four days
again to collect the medicines under LP. The difficulties experienced by the
senior citizens in undertaking two times journey to CGHS should be mitigated.
2. On
several occasions the Corporate Empanelled Hospitals refuse admission to
Pensioners despite production of referral letter from the CGHS wellness
centres. The reasons attributed are either non availability of beds etc but the
real reason is that they do not want to treat the patients of CGHS even in
emergency because there will be no immediate cash receipt from the CGHS
patients. Several instructions issued from time to time by the Health Ministry
/ CGHS are not properly adhered to by the empanelled hospitals and the result
is that the Pensioners are put into unbearable suffering at times of urgent
need of medical treatment.
3. Despite
standing instructions from the Government, the empanelled hospitals do not
hesitate to ask the CGHS beneficiaries to advance cash from their own pockets.
They also refuse to constrain themselves
to charge within the specific charges admissible under CGHS through the memo of
understanding signed with the Government. Often the patients or their relatives
are forced to bear additional cost from their own purse.
4. The
CGHS beneficiaries as forced to admit on their own by advancing the payment and
later claim the bill by reimbursement often experience a huge cut in the total
amount claimed by the CGHS. There is no justice in fleecing the pensioners at
their advanced age to pay from their own pockets for the medical treatment
given out by the empanelled hospitals.
5. The
restriction imposed on the Postal Pensioners has been removed recently by the
Health Ministry so that all non-CGHS Pensioners also can join the CGHS by remittance of subscription.
But ours is a very vast country and by joining the CGHS the newly joining
beneficiaries of distant non-CGHS areas as well as other existing beneficiaries
living in certain areas are forced to travel a long distance to reach out to
the Wellness Centres situated in some centres only in their own State or a neighbouring
State. It is also a fact that there are several revenue States without even a
single Wellness Centre especially in North Eastern States other than Assam.
There are many hilly areas in North East, Himachal Pradesh and other parts of
the country where there are no Wellness centres and no empanelled hospitals.
For example the beneficiaries in Kangra valley of Himachal are forced to travel
more than 250 kilometers to adjacent state of Punjab at Chandigarh. The policy
of the Government should change to the extent that there shall be at least one
Wellness Centre in each Revenue State and also in each Revenue District. If
there are difficulties in opening its own wellness centres at least the Health
Ministry shall permit empanelled hospitals in each revenue district of the
country to cater to the needs of the beneficiaries in non-CGHS areas, who
should be permitted to undergo both OP and IP treatment without any remittance
of cash from their own pockets.
6. The
exemption of non-CGHS area P&T Pensioners from joining CGHS was the
decision of the Health Ministry only and the Pensioners are not the guilty. The
continuous efforts of the Pensioners have ultimately resulted in the Health
Ministry taking away its earlier objections so that all Pensioners in Non-CGHS
areas can also join CGHS. But charging at the rates of subscription prevailing
after 7th CPC from the old pensioners for joining CGHS is arbitrary
and unjustified. Whether paying life time membership or by annually there is no
full relief and justification in forcing at the present rates. The rates of
subscription should be the same on par with the time of retirement of these
pensioners, when they were precluded from joining the CGHS by the Government.
The rules shall be liberalized as far as these non-CGHS P&T Pensioners are
concerned. This Triennial Conference
of NCCPA demands the Government to look
at the justification of this issue and effect change in rules to facilitate
collection of subscription at the rates prevailing on the year of retirement of
old P&T Pensioners.
7. The
Health Ministry had decided to open some new wellness centres of CGHS but the
implementation is being inordinately delayed. This delay is causing much
concern to the Pensioners who are often finding themselves in a condition to take
continuous medical treatment. Therefore all such centres earmarked for opening
new centres shall be expedited and time bound.
8. In
some dispensaries there appears no system of assigning the serial numbers to
the patients coming for treatment. This causes avoidable confusion and
unnecessary altercation between the patients. Therefore every dispensary or
wellness centre is to compulsorily follow the system of allotting serial
numbers to the waiting patients.
9. There
is another problem of non-supply of medicines in the event of frequent internet
disturbance or system obstructions. At such times there shall be manual entries
which can be subsequently computerized but the patients especially the aged
pensioners shall not suffer.
10. The
method of supply of medicines to chronic patients for 30 days shall be
increased to at least 90 days of 60 days so that the frequency of travel to the
CGHS dispensaries can be averted for aged patients.
11. There
are complaints that the recommended medicines and diagnostic procedures prescribed
by the Specialists are not allowed by the CMOs of the CGHS. Economic reasons
cannot be a restriction to allow these tests and procedures and the medicines
prescribed by the Specialists. After all the Specialists in empanelled hospital
recommend only after the Specialists of Government Hospitals refer the patients
to them. Therefore restricting such recommended prescriptions by Specialists
should not be there as “Check and balance” provided for under CGHS system by
the Government. This restriction often works against the medical interest of
patients as the Specialists who examine the patients only know the conditions
of the patients better than the CMO or Additional Director of CGHS.
12. The
creation of Additional Director Office in every State for supervising the CGHS
system under that State must be taken up on priority. Care should be taken to
ensure that there need not be any placing of CGHS Wellness Centres of one State
under the Additional Director of CGHS in another State as that would entail unnecessary
travel and hassles to the Pensioners.
13. The
Specialists in Government Hospitals to whom the beneficiaries are referred to
first by the CGHS Wellness centres are forced to wait in long queues in the
hospital. Moreover the Specialists in Government Hospitals are available only
one day in a week. The condition of the patients should be taken into account
and all beneficiaries be allowed to get the Specialist prescription from the
consulting clinics of the above Specialists, where they will be available throughout
the week.
14. The
Doctors in CGHS Wellness centres are expected to visit the houses of the
beneficiaries whenever they are free and able to undertake the visits. But
invariably there is no practice of house visits by the Doctors of CGHS despite
for the provision in CGHS Rules. As the Doctors are entitled to claim
conveyance allowance whenever they have to pay a visit to the houses of the
beneficiaries, there should not be undue denial on the part of the Doctors to
such house visits.
This 4th All India
Conference of NCCPA resolved to request the Government to take suitable and
urgent measures to remedy the above problems to ensure hassle free and
convenient medical treatment under CGHS.
8.
On CGHS
Centres formed by merger of Postal Dispensaries:
The Government has positively
reacted to the recommendation of 7th CPC and ordered for merger of existing 33 Postal
Dispensaries with CGHS. The move is definitely a positive one as the medical system under CGHS is
definitely a better one than the Postal Dispensary system. However, several
hiccups and problems are being experienced by the Pensioners attached to these
erstwhile Postal Dispensaries and also by Pensioners now joining CGHS in these
towns. These Postal Dispensaries now merged with the CGHS expose the following
particular problems that require to be sorted out on war footing:
1. There
are no empanelled hospitals, diagnostic centres, Dental and Eye Clinics in
these towns where the erstwhile Postal Dispensaries were merged with CGHS.
2. The
existing converted CGHS Wellness centres in many places lack dressing room and
laboratory as in Agra.
3. The
complete absence of or lack of adequate strength of Para Medical Staff and
General Staff in these converted centres create unbearable problems to the
beneficiaries and also creates undue problems in registering new beneficiaries.
At times absence of Pharmacist causes abnormal delay in supply of essential
medicines to the patients prescribed by the Doctors in the CGHS wellness
centres.
4. The
formation of Advisory Committee for each such merged CGHS Wellness centre is
not being correctly implemented. As these Advisory Committees are mainly for
merged Postal Dispensaries into CGHS Centres, and therefore the main components
of beneficiaries are Postal Pensioners, it is requested that the representative
of All India Postal & RMS Pensioners Association which is a registered
Association under Societies Act may be included as one of the representatives
so that the purpose of these Advisory committee shall become more effective.
9.
On
extension of benefit of Judgments to all similarly placed pensioners:
It is layman’s knowledge that
once the Honourable Supreme Court of
India adjudicate upon an issue and delivers a judgment, it attains finality and
it is the law of the land. But the Government of India, during the past few
years negates this basic principle and denies the befit of the verdicts to all
similarly placed persons on the specious plea that the verdict is in persona in nature and not an in ram judgment. Due to this unreasonable
approach of the Government, the poor and
aged hapless pensioners are compelled to approach Courts of Law by spending out
of their meager pensionary income to get their legitimate entitlements that
were already settled by the Apex Court. The recent glaring examples are the
Apex Court verdicts o n MACP issue and
the grant of increment to those retired on 30th June during 6th
CPC period. It is most unfortunate that none of the pious platitudes in the
National Litigation Policy have been followed, indicating thereby the Union of
India’s lack of concern for the justice delivery system and scant regard for
its own Litigation Policy. It is worth mentioning that the Honourable Supreme
Court has recently on two occasions , levied a fine of Rupees One lakh each on
Government of India for filing frivolous or infructuous appeals! In the
circumstances stated above, the 4th triennial conference of the
National Coordination Committee of Pensioners Association being held at Jaipur
on 1-2 November, 2019 urges upon the GOI to take immediate steps to extend the
benefit of all Court verdicts with in ram nature to the similarly placed
pensioners and to desist from delaying implementation of the Court Verdicts by
filing avoidable and unnecessary appeal petitions.
10.
On
Restoration of revision of pension to BSNL absorbed retirees from 1.1.2017:
The 4th triennial
conference or NCCPA being held at Jaipur from 1-2 November, 2019 has resolved
to demand the Government of India to urgently cause necessary action for
revision of pension of BSNL absorbed retirees from 01.01.2017 with 15% fitment,
delinking wage revision in BSNL. This Conference protests against the negative
stand of the bureaucracy in Department of Telecommunications despite clear
assurance given out to the united body of serving employees unions. All Unions
and Associations of BSNL on 03.12.2018 were assured by the then Communications
Minister that Pension revision will be delinked from wage revision. But despite
the above commitment and in spite of the Pension & Pensioners Welfare
Ministry asking the DOT to submit concrete proposal for pension revision of
BSNL retirees by delinking the wage revision, the DOT is not responded so far.
It is pertinent to point out that the BSNL absorbed DOT retirees are covered
under the CCS (Pension) Rules 1972 and they are entitled to get their pension
on IDA Pay Scales by virtue of Rule 37A incorporated in the CCS (Pension)
Rules, 1972 from the consolidated fund of the Government of India. Their
counterparts, the Central Government Pensioners have got their pension revised
w.e.f. 1.1.2016 and the delay in pension revision is causing much resentment
among the BSNL Pensioners. It is therefore demanded that the pension revision
of BSNL Pensioners be implemented without further delay w.e.f. 01.01.2017 with
15% fitment delinking wage revision of BSNL employees.
11.
On
immediate payment of all medical bills and quarterly medical allowance to BSNL
Pensioners:
This 4th triennial
conference of NCCPA being held at Jaipur from 1-2 November, 2019 demands the
BSNL Management to clear the payment of medical reimbursement bills and
quarterly medical allowance pending for the last one year. This situation has
put the BSNL retirees to complete distress, unable to purchase even life saving
medicines particularly for the retirees suffering from chronic diseases like
cancer, kidney and heart ailments. The BSNL Management is denying the payment
to the BSNL retirees due to the financial crisis. Therefore this Conference of
NCCPA further demands that the intervention of the Central Government to
resolve the issue so that the BSNL retirees are saved from the extreme
eventuality.
12.
On Full
Pension to Pre-2006 Pensioners:
This 4th triennial
conference of NCCPA held at Jaipur from 1-2 November, 2019 demands the Central
Government to grant the full pension to the Pre-2006 so that the disparity and
discrimination meted out to the pre-2006 pensioners could be mitigated. The
Central Government, after much hesitation and delay, decided to implement the
recommendation of the 6th CPC to waive the condition of 33 years of
service for full pension. However, this was limited only to those retired after
01.01.2006, creating an anomalous situation in the case of Pre-2006 retirees.
This discrimination and gross injustice be undone and full pension be
granted to the pre-2006 pensioners also
from the date of their retirement
13. On method of treating the
BSNL Pensioners migrating to CGHS from BSNL MRS Scheme who were past members of
CGHS
This 4th triennial conference of National
coordination Committee of Pensioners Association being held at Jaipur from 1-2
November, 2019 notes with concern that the Government is demanding full payment
at the rates of subscription implemented after 7th CPC for the
BSNL Pensioners, who were past members, migrating from BSNL MRS scheme to CGHS.
The BSNL MRS scheme when introduced several BSNL Pensioners have switched over
from CGHS to that scheme but their payment of subscription at CGHS was withheld
by the CGHS.. Now those BSNL Pensioners who want to come back to CGHS from BSNL
MRS scheme are forced to remit once again the subscription at the rates
implemented after the 7th CPC without considering the fact that
they have already remitted their subscription at the time of their entry in the
CGHS earlier, which was withheld while they converted to BSNL MRS Scheme.
Therefore this 4th Conference of NCCPA resolves to request the
Government that their earlier subscription shall be taken into account for
admitting them back in CGHS and that the rate of subscription be the same in
vogue at the time of their retirement as the Telecom Pensioners.
13.
On grant of
full pension to Pre-2006 Pensioners from 1.1.2006 instead of 1.1.2016:
This 4th triennial
conference of National Coordination Committee notes that the order issued by
the Department of Pension &
Pensioners Welfare on 4.1.2009 with the subject of Revision of Pension
w.e.f., 1.1.2006 of Pre 2006 Pensioners who retired from the 5th CPC
scaleof 6500-10500 in Para 6 clearly stipulates that for the purpose of
revision of pension and family pension effective from 1.1.2006 under Para 4.2
of the OM dated 1.9.2008 the grade pay of 4600/- shall be taken into account
instead of 4200/-. The same Department of Pension & Pensioners Welfare
order dated 9.7.2019 on the same subject issued concordance tables for the
refixation. However while issuing the order under Para 3 the date of effect had
been wrongly typed as 1.1.2016 instead of 1.1.2006, thus causing unnecessary
confusion into the actual date of effect. In some places. This 4th
Triennial Conference of NCCPA urges the Department of Pension to issue
necessary corrigendum on the date of effect wrongly mentioned in Para 3 of its
order dated 9.7.2009 to ensure smooth implementation of Grade Pay 4600 to the
6500-10500 scale holders from 1.1.2006 as had been originally intended.
14.
On the rate
of subscription for allowing the past Postal pensioners in Non-CGHS areas into
CGHS:
After the recommendation of 7th
CPC and also after the pressure from the Kerala High Court case filed by the CG
Pensioners Association, the Health Ministry had withdrawn its earlier
objections and allowed the non-CGHS area P&T Pensioners to come into the
CGHS scheme. But the Pensioners are asked to remit subscription at the rates
after 7th CPC even though those pensioners were retired during
earlier pay commission times. More over the prevention of those pensioners was
only due to the stand of the Health Ministry for which those pensioners are not
at all responsible. Now that the prohibitory orders are withdrawn, the non-CGHS
area Postal Pensioners are to be allowed in CGHS on payment of rate of
subscription in vague at the time of their retirement and not at the present
rates. The payment of either life time membership or at the rate of annual
subscription will not absolve the pensioners of past the additional financial
burden as has been stated in the SCOVA meeting by the Official Side. This 4th
triennial conference of NCCPA therefore resolves to urge the Government to
modify the condition so that the past pensioners of Postal Department can enter
CGHS by paying subscription at the rate prevailing during their retirement to
relive the huge financial strain thrown on them presently.
15.
Creation of effective forums of
redressal of grievances of pensioners and for creating a statutory rules of
recognition to Pensioners Associations:
There are various forums
available at present for the redressal of grievances of pensioners like the
Pension Adalats, Pensioners Portal and SCOVA. But unfortunately many of these
forums are not effective in sorting out the problems of pensioners to the
fullest satisfaction. The Pension Adalats are functioning only in certain
departments to some extent effectively. Several departments are reportedly not
conducting the Pension Adalats in different levels. More over there are
presently no statutory rules of recognition of Pensioners Association. This
Conference is of the considered opinion on deliberation that the Government
should come forward to discuss with all registered Pensioners Associations on
the issue of framing Recognition Rules. The present system of selecting
representatives to the SCOVA just on the whims and fancies of the Government
shall not be reflecting full democratic norms. Granting the right to propose
their representatives to SCOVA by the recognized Pensioners Associations will
only be fully democratic. More over those recognized Pensioners Associations
should have the right to enjoy the concessions extended by the government under
Pensioners Portal. In addition the forum of SCOVA shall be a statutory forum
like the JCM. The Pensioners Associations shall have the right to attend the
Pension Adalat meetings instead of the current position that they are allowed
only in assisting capacity to individual pensioners. The recognized Pensioners
Associations should be granted different facilities as enjoyed by the
recognized service associations. This 4th triennial conference
resolves to request the GOI to consider positively all these suggestions and
frame necessary and comprehensive rules of recognition and to cause effective
steps to convert the forums for speedy redressal of grievances of pensioners
and family pensioners who are more than the serving employees in strength of
the Government of India.
16. Grant
of Family Pension at the uniform rate of 30% to the family pensioners of Punjab
National Bank:
The 4th triennial
conference of National Coordination Committee of Pensioners Association (NCCPA)
held at Jaipur, on 1st and 2nd November, 2019, notes with concern that the rate
of family pension to the spouses of PNB Pensioners is payable either at the
rate of 30%, 20% or 15% of the last pay drawn, wherein the lower percentage is
being assigned to higher basic pay with a specified ceiling on the amount of
basic family pension. This effectively reduces the family pension to 7 - 10% of
the last pay drawn, keeping the quantum of family pension restricted to Rs.
4000 to Rs. 14,000 only. This method of family pension calculation must be
changed to make it uniform and at par with the formula followed in case of
Central Government departments and Reserve Bank of India, where the rate of
family pension is uniformly set at 30% of basic pay. The aforementioned formula
that is being used to calculate the family pension for the Punjab National Bank
retirees is resulting in –
a. Widow
family pensioners suffering from severe hardships
b. Many
of the family pensioners being forced to opt out of IBA’s Medical Insurance
Scheme for Retirees
This
4th triennial conference of NCCPA resolves to urge upon the
Government to end this discrimination and grant family pension at 30% of basic
pay uniformly to all family pensioners as is being granted to other Central
Government and Reserve Bank of India employees.
17. On Periodic revision of
pension to Pensioners in Punjab National Bank:
The
periodic revision of pension to Pensioners and Family Pensioners is essential
for retirees to cope with inflation and rising cost of living. It is due to
this fundamental reason the system of periodic revision of pension and family
pension is prevalent in Central and State Governments. The Pay Commissions
constituted for the employees of Central as well as the State Governments are
looking after the formula of revision of pension and other retirement benefits.
It has been observed that the formula adopted for revision of pension is mostly
identical with that of the fitment factor adopted to revise wages of the
serving employees. However, in case of Punjab National Bank in particular and
PSU Banks in general, while the wage revision is done once in five years for
the serving employees, the identical revision of pension is not afforded to
pensioners. This is despite the specific provisions in the PSU Banks Pension
Regulations.
Regulation
35(1) of the Pension Regulations notified on 29.09.1995 provided that “In
respect of employees who retired between the 1st day of January 1986 but before
31st day of October 1987, basic pension and additional pension will be updated
as per the formula given in Appendix – 1. Bank management amended the said
regulation on 18.05.2002 to read it as basic pension and additional pension
wherever applicable shall be updated as per the formula given in Appendix – 1
making it unambiguous and mandatory that the basic pension shall be updated
simultaneous with the increase in pay bands out of Bi-partite settlements
reached from time to time.”
Moreover,
regulation 56 of the Pension Regulations makes it abundantly clear that the
Pension Scheme is exactly on the premise of Central Civil Pension rules by stating
under Residuary provisions that “In case of doubt, in the matter of application
of these regulations, regard may be given to the corresponding provisions
of Central Civil Services Rules 1972 or Central Civil Services (Commutation of
Pension) Rules 1981 applicable to Central Government employees with such
exceptions & modifications as the Bank with the previous sanction of
Central Government may from time to time determine.
Regulation
35 (1) and 56, thus make it clear beyond any doubt that the Management
shall revise the basic pension of its retired employees simultaneous with
salary revision taking place through Bi-partite Settlements as is done for
Central Government employees with the implementation of Pay Commission.
Similarly
agreement on 26.03.94 was very clear about pension updation at par with RBI.
In
RBI, Government through its letter dated 05.03.2019 have permitted updation of
pension to their pensioners, but Bank employees are still deprived of the same.
Moreover, Pension
is paid from the Pension Fund but not from the profits of the Banks. Yet
the Banks / IBA are not updating the pension in utter disregard of Pension
Regulations as stated above. Thus pensioners are deprived of a life with
dignity at old age as their pension is not revised ever since the inception of
the Pension Scheme, thus defeating the very purpose of Pension, when the
Pension Fund is sufficient to meet the present pension demand of all the
pensioners.
Moreover
DFS, Ministry of Finance vide its letter dated 25.02.2018 addressed to RBI
Governor had declined to approve the proposal of the Central Board of RBI for
extension of the benefit of updating the pension under the pretext that it will
have a contagious effect on all Public Sector Banks and Financial Institutions,
which are presently facing crisis as reported.
However,
the Honourable High Court of Mumbai, has categorically rejected a similar plea
of the Government and allowed updating the pension in RBI and consequent on
approval by the Government the RBI Pensioners numbering more than 34000 have
been allowed a pension updation notionally from 1.3.2019. The cost of updating
the pension in other Banks of IBA will be more or less same of the pension
corpus of the banks even though the number of pensioners is 4,50,000. Therefore
the logic to assume financial burden lacks accuracy and realistic premises. As
the banks are instruments of Government within the meaning of Article 12 of the
Constitution of India, the pensioners of banks cannot be denied their statutory
dues of revision of pension.
This
4th All India Conference of NCCPA therefore resolves to urge
upon the Government to grant pension revision to the pensioners of Banks in
general and the Pensioners of PNB in particular without delaying the matter for
an indefinite period.
18. On
streamlining of Medical Insurance Scheme of Bank Pensioners:
This
4th triennial conference of NCCPA notes that the premium paid
by the Pensioners on their Medical Insurance Scheme is very high. The current
premium of Rs. 21099 and Rs. 28130 for medical insurance cover of Rs. 3 lacs
and Rs. 4 lacs respectively is the highest amongst the PSU Undertakings.
Besides, addition of GST charged at the rate of 18% further inflates the
premium by Rs. 3798 (3 lacs cover) and Rs. 5063 (4 lacs cover).
This
premium is uniform to all pensioners and family pensioners irrespective of the
quantum of ex-gratia and pension received by individual pensioners. For
example, a surviving widow of a pre-1986 pensioner who gets a monthly family
ex-gratia of Rs. 1935 is to pay a sum of Rs. 33193 per annum towards premium
for her medical insurance scheme. It is to be noted that under the scheme for
medical insurance to Bank retirees and employees introduced in 2015 by the IBA,
the employees share of premium is being borne by the bank, but the pensioners
and family pensioners have to pay their premium from their own pockets. Despite
a recommendation by the IBA on 24.02.2012 to introduce a medical insurance
scheme for both retired and serving employees with the provision that the
premium shall be paid from the welfare funds, the above discriminatory
treatment is being resorted towards pensioners and family pensioners.
With
reference to this background, the triennial conference of NCCPA held at Jaipur
from 1-2 November, 2019 has resolved to urge the Government to rationalize the
scheme of medical insurance wherein the premium of pensioners and family
pensioners should be borne by the banks, at par with the serving employees.
This conference also urges the Government to exempt the pensioners and family
pensioners from paying any GST towards their medical insurance schemes.
19. On enhancement of Fixed Medical Allowance:
The 4th triennial
conference of National Coordination Committee of Pensioners Associations being
held at Jaipur from 1-2 November, 2019 have discussed the issue of Fixed
Medical Allowance being granted to the CG Pensioners living in non-CGHS areas.
While this FMA was raised from the previous 500/- to the present 1000/- per
month even before the implementation of 7th CPC and that no
recommendation had come out from the 7th CPC on this allowance, this
conference has noted that despite there is full justification for raising the
allowance to 2000/- per month the Government had enhanced it to only a sum of
Rupees 1000/- and thus pre-empted the 7th CPC from making any
recommendation on this issue. It is also an established fact that this FMA had
been fixed as Rupees 2000/- per month already by the Provident Fund Department
while the Government of India had granted only 50% of the above sum to its
pensioners. The cost of medicines and consultation fees of doctors have
definitely increased and the family of pensioners comprising both the pensioner
and his or her spouse are to spend more towards their medical outpatient
expenses every month is also an undeniable fact. Instead of allowing the 7th
CPC to make proper recommendations on this issue, the Government had prevented
by its suo moto orders any reasonable recommendation by the Pay Commission.
This triennial conference of NCCPA therefore has resolved to urge upon the
Government to enhance this FMA to at least Rupees 2000/- per month immediately
in order to overcome the medical burden of the pensioners.
20. On prompt issue of Revised
PPOs:
The issue of revised PPOs is a
matter of discussion in SCOVA also. The importance of revised PPOs need not be stressed.
The revised PPOs particularly after the orders of the Government’s Department
of Pension and Pensioners Welfare dated 12.05.2017 and after different orders
since the 6th and 7th CPC attains more significance as these PPOs
form the basis of all future pension refixation. While the Department of
Railways etc have the distinction of its Pensioners can directly log in to
their website to download a copy of their revised PPO, the Pensioners of other
Departments lack such a facility. The Pensioners of Postal and other
Departments are completely depend upon their Audit and Pension Payment Offices
for issue of a copy of the revised PPOs. This triennial conference of NCCPA has
noted that the revised PPOs have not been supplied to all Pensioners and Family
Pensioners in various Departments. This Conference therefore resolves to request
the Government of India and the Pension Ministry in particular to provide for a
separate website or a facility to download the copy of PPO from the website of
Pensioners Portal by the Pensioners of all Departments other than the Railways
and also in the meanwhile ensure supply of a physical copy of the revised PPO
to all pensioners and family pensioners without much delay.
21. On difficulties experienced
by the Family Pensioners to draw additional pension:
The Government repeatedly brings
to the notice of all concerned that the additional pension shall be
automatically drawn on all Pensioners and Family Pensioners. However, there are
many difficulties experienced by the Family Pensioner in drawing the amount
having their pension SB accounts in Banks especially the SBI. The SBI Bank
authorities instead of drawing the additional pension automatically on the attaining of the age of 80 by the
Family Pensioner delay the issue for a long time. In the case of Family
Pensioners whose date of birth is not clear to the bank shall in advance write
to the concerned departments vide the directive of the Government in order to
verify the date of birth of the family pensioners. The Family Pensioners if
supply proofs of their date of birth through Aadhaar Card or PAN Card or Voter
ID etc the additional pension is not being released invariably by the SBI in
many places. The SBI is following the practice of stopping the disbursement
after three months and transferring the responsibility on the family pensioners
to obtain the certificate of date of birth from the competent authority based
on the last work spot of the Pensioner and submit the same to SBI. This type of
throwing the burden on the family pensioners is to be avoided and the Banks
have to directly correspond with the concerned departments as per the directive
of the Government. This 4th triennial conference of NCCPA resolves
to urge upon the Government to cause necessary orders to prevent the harassment
of family pensioners by the SBI Authorities.
22. On denial of entitled
DA/DP from 1.1.2016 as oer COL Index:
This 4th triennial
conference of NCCPA has noted that based on the All India Consumer price Index
for December 2015 it was 269 points resulting in the entitlement of DA/DP for
125.83% with effect from 1st January, 2016. As per the
recommendation of the 7th CPC the new wages were determined by
merging 125% which means there was evidently 0.83% was left over. As per the
accepted formula DA/DP is sanctioned based on the percentage increase over
twelve monthly averages of consumer price index. The twelve monthly average of
125% was 260.46 and it is 261.42 for 125.83%. The merger of 125% of DA with the
pay to determine the pay scales with effect from 1.1.2016 means there was a
left over quantum of 0.83% as on 1.1.2016 after merger of 125% of DA. The
question is therefore as to whether the further DA accrual as on 1.7.2016 was
calculated including the left over portion of 0.83% or not? Or otherwise as to
whether the percentage of increase worked out while sanctioning DA/DR on
1.7.2016 and subsequently was over 260.46 (corresponding to 125%) or over
261.42 (corresponding to 125.83%)? This Conference is of the considered opinion
that actually the loss of 0.83% is made into a recurring loss since 1.1.2016
over the last four years during the grant of 7 installment of DA/DR up to
1.7.2019. This 4th triennial conference of NCCPA resolves to urge
upon the Government of India to
recalculate the whole DA/DR computation in order to return the left over
portion of 0.83% since 1.1.2016 so that the employees and pensioners are not
deprived of their legitimate DA/DR due.
23. On extending the pension
revision orders to Compulsorily Retired Pensioners:
This 4th triennial
Conference of NCCPA notes with concern that the stand of the Government towards
compulsorily retired pensioners is fully negative and against all norms of
justice. It is an established fact that the punishment of compulsory retirement
is bestowed on the officials resulting in forfeiture of their remaining service
up to their superannuation. Further the fact that Disciplinary Authorities have
chosen to award this punishment instead of dismissal or removal itself
establishes the fact that severe punishments than compulsory retirement was not
considered appropriate in their cases before awarding the punishment. Their pension
is accordingly fixed on the basis of the then existing basic pay. All future
revision of pension after every pay commission is also based on the fitment
formula recommended for the other pensioners and applied to these compulsorily
retired pensioners also.
Ignoring all these facts, the
stand taken by the Government to not to apply the benefit of Para 4.2 of OM
dated 1.9.2008 issued by the Government of India and also the OM dated
12.05.2017 are totally unjustified. Unless there was a specific cut in the rate
of pension ordered by the Disciplinary Authority in the original orders of
punishment, disallowing refixation of pension as per every future orders of the
Pension Ministry to the compulsorily retired pensioners shall be strictly
avoided. Many Court Cases filed by the compulsorily retired pensioners have
been admitted by the Honourable courts and the verdicts are in favour of
extending the benefit to them by the Government. These court orders shall not
be treated as a verdict in persona in nature but they are in ram in nature
only. This 4th triennial conference of NCCPA being held at Jaipur
from 1-2 November, 2019 therefore resolves to urge upon the Government to issue
revised orders rescinding its earlier stand to deny justice to compulsorily
retired pensioners immediately.
24. On
Income Tax Ceiling limit to Senior Citizens:
This triennial conference of
NCCPA notes that the pensioners and other senior citizens are being taxed
beyond the income and savings up to the ceiling limit of 5,00,000 per year. The
Parliament Members who are also receiving pension after serving even for a
single day of the dissolved Parliament are being exempted from income tax for
their entire pension amount. The undeniable fact is that the senior citizens
including the retired government employees have served this nation for long.
Therefore this 4th triennial conference of NCCPA resolves to demand
the Government that in the ensuing budgent the income tax ceiling limit to all
senior citizens be enhanced to 10,00,000 and no taxation shall be there for all
income to them up to that limit in a year.
25. On Scrapping of NPS:
This triennial conference notes
that the national pension scheme applied to Central Government Employees
recruited on or after 1.1.2004 by contributions from them to the effect that a
recovery of 10% their Basic Pay and DA every month from their salaries is
discriminatory in nature between one set of Government employees and another.
The NPS had been implemented without taking into effect the concerns and recommendations
of the Parliamentary Standing Committee which desired that the minimum pension
shall be guaranteed under NPS also. The real reason of NPS seems to be yielding
to the pressures and conditionalities of
certain international financial bodies at the behest of world Corporates
under the era of liberalization. The market situation will determine the future
pension and other retirement benefits of the NPS employees and retirees and
there will be no under writing from the Government for any negative eventuality
in future. The fact cannot be denied that the combined contributions of both
the employee and the government is put in to savings account and then in FD
account will fetch more returns at the time of retirement in contrast to the
NPS scheme which allows investment in market. The undeniable fact is that
several retirees of NPS scheme are drawing only a meager pension of 1000/- or
2000/- when the minimum pension under the CCS (Pension) Rules 1972 is
guaranteed by the Government to a sum of Rs.9000/- plus Dearness Relief over
that amount. The treatment given out to the NPS employees who are also to lose
their 10% of monthly earnings for their entire long career is also a glaring
discrimination.
This Conference also notes the
situation in several States where the ruling State Governments are openly
advocating their opposition to NPS and looking for ways and means to revert
back to the Old Pension Scheme. The Central Governent as a law maker of the
land should come forward to scrap the NPS for the Government Employees and
shall order to deposit the entire money recovered from employees into their
newly created GPF accounts.
26. On Reduction of interest Rates on deposits of POSB and Banks:
This triennial conference of
NCCPA being held at Jaipur on 1-2 November, 2019 is deeply concerned about the
reduction of interest rates on Fixed Deposits and Term Deposits in Banks
including SBI and POSB consequent on reduction of REPO rates by the Reserve
Bank of India. The decision by the Government to periodically review the
interest rates by the RBI gives out the impression and apprehension that the
interest rates will continuously be reduced in future too. This action to lower
the rate of interests and reduction of REPO rates is solely for the sake of the
Corporates who can take out soft loans.
This being so while the nation knows that many Corporates have failed to repay
their loan amounting to several crores of rupees. The SBI had already declared
that a sum of Rupees 26,000 crores will be bad debt to it. There is a total of
2.25 lakh crores of rupees have to be repaid by Corporates. The old people
including the pensioners live out of the interest on their deposits made at the
time of their retirement. They are facing extreme hardship by periodical
reduction of interest rates on deposits while the prices of essential
commodities record a continuous rise which in real terms means that their real
income is gradually reducing. This 4th triennial conference of NCCPA
therefore resolves to demand that the Government should refrain from reducing
rate of interest on deposits now and then and should restore the rate of
interests to at least the senior citizens.
27. On Grant of HRA to Pensioners:
The Pensioners should continue to
live after retirement with the same standard of living. But the stoppage of
allowances especially the House Rent Allowance leaves the Pensioners to
forcibly lower their standard of living. The fact is that even after the
retirement the Pensioners have to live in accommodation which needs payment of
rent. To meet the major expenses of rent for accommodation from the portion of
their pension shrinks the real income of pensioners. This 4th
triennial conference of NCCPA after a discussion resolves to urge upon the
Government to cause grant of HRA on the same percentage of basic pension after
retirement to meet out the expenditure towards house rent as like the serving
employees who get HRA on the basis of their basic salary.
28. On Grant of FMA and Medical facilities to Pensioners of National
Institute of Ayurveda in Jaipur:
This triennial conference of
NCCPA notes with distress that the pensioners of National Institute of Ayurveda
in Jaipur are denied FMA even though they too are covered under the CCS
(Pension) Rules, 1972. No reason has been adduced by the Government for this
unjust denial to a section of pensioners, who are otherwise entitled for all
retirement benefits on par with the Central Government employees. The matter
was taken up by the pensioners of this institute on several occasions with the
Government which fetched no response whatsoever from the Government. The
Conference urges upon the Government to ensure that what is entitled is not
denied on flimsy ground especially to the pensioners.
29. On Restoration of commuted value of pension after 10 years:
The commuted value of pension is
restored after 15 years now, thanks to the intervention of Supreme court of
India. Had there been no judgement from the highest judiciary, the pensioners
would have neem denied this legitimate due on untenable interpretation of the
rules.. The fact that the Gvoernment recovers the full commuted value along
with the specified interest in about les than 10 years, there appears to have
no justification to retain the restoration period as 15 years. .Even after the
revision of he commutation value factor
the Government is able to recover
it with interest within 10 years, But The
continued recovery for 15 years means that
the Government receives one and a half
times of what is has given enhancing the interest rate beyond the level of what
is provided by the bank on Pensioners deposits. Therefore there is no logic in
continuing the period of recovery as 15 years any more. Moreover the present 15
years time is resulting in a situation where in many pensioners die without
getting their pension restored of commuted value at the time of their
retirement. This 4th triennial conference of NCCPA therefore resoles
to urge upon the Government to revisit the issue and modify the rule so that
the commuted value of pension is restored to pensioners after 10 years.
