NCCPA / Memorandum Dated 25th May 2024
To
The Cabinet Secretary
Government of India
New Delhi – 110001
Sir,
Sub: Memorandum on Pensioners issues for consideration by the New Government assuming office after June 4th.
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National Coordination Committee of Pensioners Associations submits this memorandum on issues confronted by the Pensioners and Family Pensioners regarding CGHS and some other important Pension related issues. The Association is confident that these issues will receive careful consideration of the New Government assumes office after June 4th.
It is not out of place to mention that the Central Government remitted office
recently did not pay necessary attention to the improvement of maladies in CGHS system and other Pension related issues confronting the Pensioners and Family Pensioners for long. We hope that the New Government to assume office after June 4th will seriously consider our issues and take efforts to solve the long pending issues:
1. Maladies in CGHS System:
A) Linkage of CGHS with ABHA: There are numerous maladies in the CGHS System that requires immediate attention for required improvement. Instead of attending for improvement of CGHS as demanded by several Pensioners Associations for years, the Central Government tried to further bring deterioration in the condition of CGHS system and thereby adversely affect the interests of beneficiaries of CGHS.
The glaring example is the OM ( F.No.Z15025/23)/2023/DIR/CGHS (Comp
No.8236195) I/3663776/2024 Dated 28.03.2024) issued by the Ministry of
Health & FW for mandatory linking of CGHS with ABHA system. The Central
Government one year back while desiring the linkage assured the Pensioners that
the move is only optional and not mandatory. But issued another OM recently as
above declaring the linkage as mandatory. The Pensioners and Family Pensioners
were alarmed by this move of Government because the linkage will forfeit the
beneficiaries the right to choose the treatment in a private empanelled
hospital of CGHS and force them to the Government Hospital only, if an order to
that effect is issued by the CGHS tomorrow or day after citing the adverse
financial condition.
The NCCPA requests for abrogation of the recent OMs forcing the linkage of CGHS with ABHA as mandatory.
B) Improvement of CGHS:
1. Opening Wellness Centres in all Districts:
The CGHS System today is present with a lot of problems. The wellness centres are opened only in selected places and not in all revenue districts of the country. Recently the P&T Pensioners also added to the CGHS irrespective of the places of their residence, and thereby the beneficiaries are increased in all districts. But the presence of Wellness Centres in selected places force these beneficiaries to travel longer distances to the places of CGHS for taking the treatment. Thus, the diseased senior citizens are to travel long for consulting CGHS doctors. Moreover, there are no earmarked empanelled hospitals also in their place where they can go and take treatment. The Government should come forward to open wellness centres in all revenue districts or earmark a private hospital till such time in every revenue district for taking treatment by the beneficiaries.
Similarly, there are no empanelled hospitals in many cities and the beneficiaries are to travel long for indoor treatment. For example, the empanelled hospitals are present only in Guwahati of Assam in the entire North East. The difficulties experienced by the diseased senior citizens can be well understood by the Government.
2. Opening Office of AD in all States:
There are newly formed States which do not have any office of Assistant Director so far, like the Andhra Pradesh. Immediate formation of office of AD is very paramount in those states. Similarly, office of AD is kept in other states as in the case of Uttar Pradesh AD at Kanpur is looking after the area of Madhya Pradesh. These aberrations should be ended.
3. Stopping the proposal of PPP of Wellness Centers:
The recent meeting of the Secretary of Ministry of Health & PP with all Additional Directors of CGHS held on 18.04.2024 discussed the item in the agenda for running the CGHS Wellness Centres on ‘Public Private Partnership’. This shows the mental make up of privatization of CGHS by the Central Government. NCCPA is opposed to any such proposal and urges to drop the proposal for turning the wellness centres controlled by private.
4. Augmenting doctors and para-medical staff:
It can be seen that the process of recruitment of doctors and para-medical staff are faulty that even the skeleton strength of Doctors and Para-Medical Staff are absent in most of the wellness centres. The assurances of the Government notwithstanding the condition is full of shortage. Special effort to augment the
Doctors and Para-Medical Staff are much needed and to be undertaken by the
Government.
5. Medicines Shortage:
The medicines especially the life-saving drugs are not stockpiled enough at the wellness centres to distribute to the beneficiaries immediately on prescription. Many medicines are to be local purchased and the beneficiaries are asked to come again to the wellness centres to collect those medicines. This forces the Pensioners and Family Pensioners to visit the wellness centres twice and forcing the diseased senior citizens like this is cruel. NCCPA requests for suitable remedial action.
6. Enhancing the cost of treatment:
The controversy that the cost of variety of treatments and pathological tests was fixed in as far back as in 2014 and not commensurate with the new costs charged by private hospitals forced many such hospitals wriggling out of empanelment. Moreover, many specialist doctors in empanelled hospitals are not interested to consult and treat CGHS patients because they think that more money can be earned by consulting other patients. This is also due to the prevailing lower rates in CGHS. Despite the claims of the Government in the past, the cost of several treatments was to be revised and the government has taken that effort and is in the process of enhancing the rates. Our concern is the rates are to match the prevailing rates and a mechanism to periodically revise and enhance the rates should be in place. This mechanism should be constructed in consultation with all stakeholders. The situation as presented before us wherein several empanelled hospitals wriggled out of the system should not be allowed to be repeated again so that the CGHS beneficiaries are not troubled.
7. Entitlement of Wards:
The Government should not be stingy in allowing the ward entitlement to the CGHS beneficiaries from the back date. The refusal to revise the entitlement of ward from general to semi-private or semi-private to private should be looked into in the background that the beneficiaries are collected at the rates of suggested by an intervening Pay Commission and these new rates are common to old and new pensioners. When the income is for all pensioners, the government should make the expenses also for all pensioners and therefore the ward entitlement must be for all.
8. FMA enhancement and Insurance Scheme:
FMA has been recommended to be enhanced to 3000/-per mensem by the Parliament Standing Committee. Earlier before the 7th CPC the Pensioners Associations have demanded enhancement to 2000/-. The Parliament Standing Committee recommendation is based on current ‘after corona’ situation. However, the Government is delaying taking a decision on grant of FMA. This is very important issue as the out-patient treatment of non-CGHS area-pensioners is paramount on this issue. Similarly, the Government is delaying abnormally the introduction of an insurance system. After all any insurance system is based on the contribution of the insurant only. Even in SCOVA the Government is committed to an insurance scheme early but the delay is causing mental and physical strain on the pensioners.
C) Cancelling NPS and restoration of OPS:
The National Pension System was introduced by the UPA-2 Government in the past and today after 20 years long experience with the NPS we can say that NPS is not ensuring adequate pension to the employees despite 10% contribution by them every month. Besides the Government is also on its part contributing to the NPS and the funds are being used by private players for their growth. Many State Governments have withdrawn the NPS and restored the OPS including some State Governments which followed the Central Government without thinking too much. It is seen that many organizations of employees, pensioners and NGOs are organizing big demonstrations in Delhi and the N-JCM has even proposed an indefinite strike for restoration of OPS. It is high time that the Government revokes the NPS and restores the OPS.
D) Restoration of Senior Citizen Travel Concession:
During Corona Pandemic the travel concession in Train Journey was withheld by the Indian Government but even today in the name of profit to Railways the concession is not restored. The travel concession was granted as a measure to grant concession to senior citizens and this Government’s action of not restoring the concession is clearly anti-senior citizens. Such measure should not be looked into as profit and loss while the Government has no hesitation to write off lakhs of crores of rupees bank loans for the corporates without batting the eye. NCCPA urges to restore the concession immediately.
E) Constitution of 8th CPC:
The inflation rate in the country has already made the real pension a mockery. The Dearness Relef granted has already crossed 50% mark. The Pay Commission will take its time and the Government its time to examine the recommendations. Therefore, it is high time to constitute 8th Pay Commission now so that the recommendations are examined and implemented from 1.1.2026. There is only 19 months’ time left for the next revision of pension updation implemented.
F) Updation of pension for BSNL Pensioners:
Pension Updation from 1.1.2007 is not done for BSNL Pensioners and the Government is adamant in refusing the same that unless the serving staff are given wage increase the pensioners cannot be granted. The serving staff also denied any wage increase in the name of loss to BSNL. The Pensioners of BSNL are tortured because of the stand of the Government and the suffering is too much due to the trend of inflation. The Government should come forward to update the pension by 15% immediately with effect from 1.1.2007 and render justice.
G) Bank Pensioners denied Updation for decades:
The Bank Pensioners are denied any updation despite the repeated wage agreements to the serving bank employees. The argument of the Government that there is nothing in the original agreement about updation at the time of granting the pension as the third benefit is not tenable. The Bank Pensioners are denied any updation for decades. Similarly, the Bank Pensioners are denied any medical treatment unlike the serving staff of Banks but the Pensioners are to pay heavily for their Medicare. There is no justification to continue the stand of the Government. NCCPA urges the new Government to revise its stand and grant updation of pension and equal medical treatment facility like the serving staff of banks to the bank pensioners.
H). Commutation of pension period:
At present for 15 years period the recovery against commutation of pension is continuing. The 5th CPC had recommended for reducing this period to 12 years. Even the Judicial National Commission appointed by the Supreme Court had recommended for reducing the period to 12 years. The interest rate fixed by the RBI has gone down. The mortality risk factor is also reduced and as per the Institute of Actuaries the mortality risk factor has 41% reduced now. It is a fact that at present the recovery is completed before 12 years and the recovery continue to be made in 13th to 15th year are clearly in excess. Many State
Governments like Kerala, Andhra Pradesh, Gujarat have already reduced the
period of commutation less than 15 years despite their financial problems. The
words of Minister of State of DOPT in Parliament on 21.12.2022 that the matter
of restoring the commuted pension has been referred to the Finance Department
should not be forgotten. It is high time that the Central Government also come
forward to reduce the period of commutation of pension recovery.
I). Grant of Notional Increment to 30th June and 31st December retirees:
Many Courts including the Supreme Court had directed that notional increment to be granted and pension refixed for the 30th June and 31st December retirees. These pensioners work yearlong and for the convenience of Government only the date of increments was changed into 1st July and 1st January after 1.1.2006 and 1.1.2026 respectively. There is no justification to deny the benefit in the name of fundamental rules to CG Employees. It is pertinent to point out that some State Governments like Tamil Nadu had already amended the FR of State Government Employees to grant the notional increments. The OMs issued by various departments of the Central Government differs funnily whereby some grant the facility to all, while some other grant from the date of Judgement, while others restrict it to litigants. The DOPT is not coming forward to release its own OM. The Chairman of SCOVA also desired and directed the DOPT to consult the Attorney General early in the matter. NCCPA requests the Government to early change the FR to grant the notional increment to all retired and retiring on 30th June and 31st December.
J). Grant of Additional Pension as and when a Pensioner enters 80 years of age:
The Honourable Courts including the Supreme Court had ruled that additional pension of 20% should be granted to pensioners as and when they enter in their 80th year of age. The Government’s interpretation of completing the age of 80 as attaining the age was not acceptable to courts. Moreover, the Government had gone to Parliament to revise the FR for Judiciary to deny the benefit of Guwahati High Court verdict to Judiciary. After the High Court and Supreme Court judgments the relevant sub rule 6 of 44 and sub rule (3) (a) of 50 CCS Pension Rules 2021 needs amendment. It is therefore pertinent to grant the additional pension as and when a pensioner enters the age of 80. NCCPA requests to amend the FR of CG Employees so that they are made eligible to receive the additional pension as and when they enter their 80th year of age.
K). Additional Pension from 65 years of age:
The Parliament Standing Committee has recommended that the additional Pension may be granted from attaining the age of 65 instead of granting on attaining the age of 80.The recommendation says that on attaining 65 the additional pension @ 5%; on 70 it should be 10%; on 75 it should be 15% and when they attain 80 years the additional pension can be 20% and so on. The Pensioner should enjoy the additional pension as the inflation is robbing the pensioners this happiness. The Government should keep the pensioners at the same living standard as they were under service. Grant of additional pension from the age of 65 can be a step towards this end. NCCPA therefore urges for grant of additional pension from the age of 65 onwards.
L). Frame Recognition Rules to Pensioners Associations:
There are no rules of recognition to Pensioners Associations at present like the service unions which are recognized under CCS (RSA) Rules, 1993 etc. Selection therefore to SCOVA and Pensioners Portal are made at the whims and fancies of Government. The members selected to SCOVA also not in a position to raise subjects on their own as the Government selects the subjects. There are no statutory rights to the forum of SCOVA also. To put it mildly, this is not desirable in a democracy. NCCPA requests the Government to initiate talks with all stakeholders to frame rules of recognition to all-India and State level Pensioners Associations.
M) Formation of National Litigation Policy:
Most of the cases filed in different courts against the employees and pensioners are by the Government at the Centre, State Governments and the Public Sector Undertakings. The Supreme Court had revealed this information. Accordingly, the Central Government in 2010 had tried to frame a ‘National Litigation Policy 2010’ but given up. A National Litigation Policy 2015 was in the air but not seen the light of the day. Now we are in2024 but there is no National Litigation Policy by the Central Government. The result is that the number of cases against the employees and pensioners are on the increase by the Official Side. More over the trend that calling the Judgments as “In Personam” and not as “In Rem’ even when the case covers most of the similarly placed is not at all justified. Dragging poor pensioners to courts at their old age is not at all justified. NCCPA request for early framing of appropriate ‘National Litigation Policy’ to drag each and every pensioner to different courts at their old age.
Hope and Trust that these issues will be settled early by the New Government so that the senior citizens in the country feel a sigh of relief.
Thanking you.
Yours faithfully,
Sd/-
(K.Ragavendran)
Secretary General NCCPA
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