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Press Statement by Minister of State for Pension, Dr. Jitendra Singh.
PENSION REFORMS HUGELY BENEFITTED THE LIVES OF THE PENSIONERS: DR JITENDRA SINGH
Posted On: 04 JUN 2020 7:18PM by PIB Delhi
Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh today launched an e-Booklet on one year achievements of the Department of Pension and Pensioners’ Welfare (DoPPW)” through Video Conferencing (VC).
Dr. Jitendra Singh, while addressing all the officers of the Department congratulated the team for carrying out a series of reforms which not only high-lighted the sensitivity of the Modi Government but also the dedication of the team during the trying times of the Pandemic. He stated that the department went outside its call of duty to organize a webinar on Covid by bringing in leading doctors to address the anxiety and fears of the Pensioners. He stated that the Department is blessed with the unique opportunity of being able to serve the elderly and retired which no other department has
Among a series of reforms in Pension policy, the most notable was the Amendment of Rule 54 of CCS Pension Rules, 1972 to provide enhanced Family Pension in the event of unfortunate death of Government servant even before completion of 7 years of service.
Earlier only those families were eligible for enhanced family Pension (@50% of last pay drawn) wherein the deceased government servant had completed 7 years of service.
Another landmark OM in the recent year was extending the Old Pension scheme to those employees who joined on or after 01.01.2004 but whose result for recruitment had been declared before 01.01.2004. This was a long standing demand of employees covered under the National Pension System (NPS) and was the cause of several court cases and anxiety among such employees.
Soon after the formation of the new government a series of welfare measures for the Pensioners were also carried out such as opening of an “Integrated Grievance Cell & Call Centre with Toll free number 1800-11-1960 ” to facilitate elderly pensioners in registering their grievances and get information of pending grievances, holding of “All India Pension Adalat” wherein more than 50 locations were connected through live interactive video conferencing which resulted in resolution of more than 4000 grievances by a single event.
The other welfare activities carried out in the last one year include facilitating doorstep service for submission of life certificate with the help of Pension Disbursing Banks, DLC from home campaign by involving Pensioners’ Associations in 24 cities, organizing the First Regional Adalat at Jammu, and issuance of consolidated instructions to banks in order to ensure ease of living for pensioners.
The Department also organized a tele-consultation for pensioners on Covid 19 with renowned Pulmonologist & Director AIIMS, Dr Randeep Guleria & Dr Prasun Chatterjee, Associate Professor AIIMS.
Dr Kshatrapati Shivaji, Secretary (P&PW), thanked the Union Minister for consistently guiding DoPPW to make Pension reforms which hugely affected the lives of the Pensioners. He stated that this is one of the few Departments which even prior to Covid pandemic was 100% on e-office and therefore the transition to work from home at the height of the pandemic was easy to implement. All officials have been provided with a VPN which enables them to work from wherever they are and therefore the working of this Department remained unaffected during the pandemic.
Joint Secretary, Shri Sanjiv Narain Mathur conducted the proceedings which were completely online with all senior officers of the Department present through VC. Shri Ruchir Mittal, DS gave the vote of thanks.
FOR PENSION E-BOOK, Please click here.
VG/SNC (Release ID: 1629409)
AIBDPA writes to CMD BSNL on submission of option for outdoor medical facilities by the retirees – extending the last date for submission.
AIBDPA/ BSNL MRS/2020 4th June, 2020
To,
Shri P.K. Purwar
CMD, BSNL
Bharat Sanchar Bhawan,
Janpath, New Delhi – 110 001
Sir,
Sub: – Submission of option for outdoor medical facilities by the retirees – extending the last date for submission – reg.
Ref: (1) BSNL CO No.BSNL /Admn-1/15-12/18 dated 08-05-2020.
(2) This Association letter No.AIBDPA/BSNL MRS/2020 dated 13-05-2020.
(3) This Association letter No. AIBDPA/BSNL MRS/ 2020 dated 19-05-2020.
(4) Telephonic discussion had with you by Shri V.A.N. Namboodiri, our Advisor on 29-05-2020.
It is reported that in the discussion you had with our advisor, Shri V.A.N. Namboodiri, you have taken a strong stand against review of the above referred order. The unilateral and arbitrary order was issued curtailing the limited outdoor medical facilities.
All the serving unions and pensioners associations have opposed the new order and demanded reversal/ modifications. It is pertinent to point out that neglecting the all-out opposition is not desirable in a democratic country.
The Hon’ble Prime Minister, in the wake of the Covid-19 pandemic, has repeatedly stated that senior citizens need special care and facilities as they are the most vulnerable section to the pandemic. And as such curtailing the existing facilities tantamount to breaching the promise of the Prime Minister.
While we appreciate your efforts to reduce the unwarranted and unnecessary expenditure of BSNL, we may be permitted to point out that there are other areas of largesse which are to be dealt with strongly.
In view of the foregoing, it is once again requested that a judicial and reasonable review be made in the matter so that justice is extended to the elders.
In the case of submission of Option for outdoor medical facilities by the retirees. We are thankful to you for agreeing to extend the last date to 30-06-2020 during the discussion with Shri V.A.N. Namboodiri. However, no order is so far issued by the Corporate Office in this regard.
But you may be aware of the fact that though the central government has relaxed lockdown as on 31-05-2020, five state governments have extended the lockdown to 30-06-200 and two state governments to 15-06-2020. And there is every chance of further extension considering the alarming spread of Covid-19 in many places in the country. To add fuel to fury, West Bengal, Odisha and Maharashtra are facing unimaginable miseries after the devastation of cyclone. Communication and road traffic are the worst affected and it may take months, particularly in West Bengal, to restore normalcy.
It is absolutely impossible for the retirees to travel from far off and remote villages to the concerned BSNL office and submit the option in the absence of transportation. It will be also difficult for them to submit the option by email or WhatsApp, as internet is not available in many places.
Therefore we request you to kindly consider our suggestion to exempt from submission of Option to those who do not want change from the option submitted last year. In the case of others who want change from the earlier option may be given extension flexibility as per the local conditions.
Also in the case of medical cards revalidation may be limited only in cases where change of beneficiaries. Thus, we feel that unnecessary expenditure could be avoided.
VRS retirees who are yet to receive the PPO are not being issued the BSNL MRS cards. In such cases MRS cards may please be issued quoting the HR number.
Finally, the most burning issue of BSNL pensioners, non payment of medical bills both with voucher and without voucher, for the last two years and onetime payment made to CGHS, continue to be neglected by BSNL management. We have repeatedly explained the sufferings of the hapless pensioners in our discussions and through several letters, but of no avail. Sir, kindly do something to mitigate the miseries of the seniors without further delay.
Awaiting your positive response and favourable action.
Thanking you,
Yours sincerely,
K G Jayaraj
General Secretary.
Copy to: (1) Shri Arvind Vadnerkar, Director (HR), BSNL, Bharat Sanchar Bhawan, Janpath, New Delhi – 110 001
(2) Shri S.K. Gupta, Director (Finance), BSNL, Bharat Sanchar Bhawan, New Delhi – 110001
(3) Shri A.M. Gupta, GM (SR), BSNL CO., Bharat Sanchar Bhawan, Janpath, New Delhi – 110 001
<<view letter>>
FREEZING OF DA/DR- DELHI HIGH COURT REJECTS THE CASE ON TECHNICAL GROUND.
Hon’ble Delhi High Court has rejected petition filed against impounding of DA/DR from 01-01-2020 to 31-07-2021 on technical ground, quoting the All India Services (Dearness Allowance) Rule of 1972. But the fact remains that there is no relevance of the 1972 rule after the government order implementing the recommendations of 5th CPC granting full (100%) nuetralisation of rise in price of essential commodities or Consumer Price Index. According to this order issued by Department of Expenditure vide No.50 (1) IC/97 Annexure Part A 2, it was ensured the DA was to be paid twice in an year based on AICPI and the government has no right to deny, reduce or impound the DA/DR .Of late the 7th Pay Commission report to continue with existing formula and methodology was accepted by the government vide Department of Expenditure order No.1-2/2016-IC V. Unfortunately, the petitioners failed to bring this vital point to the notice of the hon’ble High Court and the High Court has stated in its verdict that no other orders other than that of 1972 was brought to its notice.—– AIBDPA
Central Govt has the power to postpone DA and DR hike-Delhi High Court Order
Honourable Delhi High Court in its Judgement, dismissing the plea against freezing DA and DR, observed that the Central Government has the Power to postpone the DA and DR hike.
A plea was filed in Honourable Delhi High Court against the Government Order freezing DA and DR. The Honourable High Court has dismissed this plea as the Court didn’t find any merit in this petition.
Increase in DA / DR are not taken away, its just postponed
Further the Honourable High Court stated that the said Finance Ministry Order has not taken away the increase in DA or DR it is just Postponed,
“With regard to increase of 4% Dearness Allowance or Dearness Relief with effect from 01.01.2020 is concerned, the impugned Office Memorandum does not seek to take it away. All that it does is to postpone its payment till after 01.07.2021. That power, in our view, resides with the Central Government, by virtue of Rule 3 of the All India Services (Dearness Allowance) Rule, 1972, since the Central Government is empowered to take the decision to make payment of Dearness Allowance/Dearness Relief, subject to such conditions as the Central Government may specify from time to time.”
No statutory rule to enhance the Dearness Allowance or Dearness Relief at regular intervals
Delhi High Court referred the All India Services (Dearness Allowance) Rules, 1972 and observed the following.
“These statutory rules have been framed by the Central Government after consultation with the Government of the States concerned in exercise of powers conferred by Sub Section (1) of Section 3 of All India Services Act,1952. Rule 3 of the said Rule is relevant, and which reads as follows:
“3. Regulation of dearness allowance: Every member of the Service and every officer, whose initial pay is fixed in accordance with sub-rule (5) or sub-rule (6A) of rule 4 of the Indian Administrative Service (Pay) Rules, 1954 or sub-rule (5) of rule 4 of the Indian Police Service (Pay) Rules, 1954 or sub-rule (6) of rule 4 of the Indian Forest Service (Pay) Rules, 1968, shall be entitled to draw dearness allowance at such rates, and subject to such conditions, as may be specified by the Central Government, from time to time, in respect of the officers of Central Civil Services, Class I.” (emphasis supplied) From the above Rule, it would be seen that Central Government servants shall be entitled to draw Dearness Allowance “at such rates, and subject to such conditions, as may be specified by the Central Government, from time to time, in respect of officers of the Central Civil Service, Class I”
The above rule shows that the entitlement to draw Dearness Allowance and Dearness Relief is determined by the Central Government. The same may be specified by the Central Government from time to time, subject to whatever conditions the Government may deem fit to impose.
There is no vested right in the Central Govt Employees and Pensioners to receive higher DA and DR on Regular Intervals
The Court finds that there is no vested right in the Central Govt Employees and Pensioners to receive higher DA and DR on Regular Intervals. The High court Stated,
” From the above Rule, it is clear to us that, firstly, there is no statutory rule which obliges the Central Government to continue to enhance the Dearness Allowance or Dearness Relief at regular intervals i.e. to revise the same upwards from time to time. Consequently, there is no vested right in the Central Government Employees, or Central Government Pensioners to receive higher Dearness Allowance or Dearness Relief on regular intervals. Pertinently, by the impugned Office Memorandum, the Central Government has frozen – and not withdrawn, the Dearness Allowance and Dearness Relief being paid to Central Government Employees and Central Government Pensioners at the time of issuance of the said Office Memorandum.”
There is no obligation in law to disburse the increase in DA/DR within a time bound manner
The Delhi High Court observed that there is no obligation in Law upon central Government to disburse the increase in DA and DR within time bound manner. See the following observation,
” So far as the right to receive the increase of Dearness Allowance/ Dearness Relief already declared by the Government with effect from 01.01.2020 is concerned, it falls well within the domain of the Central Government to decide as to when to disburse the said increase. There is no obligation in law upon the Central Government to disburse the increase in Dearness Allowance/ Dearness Relief within a time bound manner. Rule 3 of All India Services (Dearness Allowance) Rules referred to above, itself empowers the Central Government to lay down the conditions subject to which Dearness Allowance may be drawn by officers of Central Government.”
For the aforesaid reasons the Court finds no merit in this petition and the same is, accordingly, dismissed.View
The cases of Govt. Servants covered by FR 56(j) or FR 56 (I) or Rule 48 (1)(b) of CCS (Pension) Rules should be reviewed for Retention in Govt Service beyond the age of 50 years or on completion of 30 years of service
OFFICE OF CONTROLLER GENERAL OF DEFENCE ACCOUNTS
No.AN/II/2604/FR-56(j)/Q.E 03/2020
Date:01.06.2020
To
All PCsDA/PCA (Fy)/CsDA/AN-4 Section (local)
(Through CGDA website)
Subject: Retention in Govt Service beyond the age of 50 years or on completion of 30 years of service- Sr.AOs/AOs/AD(OL)/Sr.PS under FR-56(j)
In terms of Para 4, Appendix of DOP&T O.M. No. 25013/1/2013- Estt. (A) dated 21.03.2014 (Read this Order), in order to ensure that the powers vested in the appropriate authority are exercised fairly and impartially and not arbitrarily, following procedure and guidelines have been prescribed for reviewing the cases of government employees covered under the aforesaid rules:
(i) The cases of Govt. Servants covered by FR 56(j) or FR 56 (I) or Rule 48 (1)(b) of CCS (Pension) Rules should be reviewed six months before they attained the age of 50/55 years or complete 30 years’ service/30 years of qualifying service, whichever occurs earlier.
(ii) Committee shall be constituted in each Ministry/Department/Office to which all such cases shall be referred for recommendation as to whether the officer concerned should be retained in service or retired from service in the public interest.
FR56j is a Fear factor : Read this Story
In this connection, please refer to HQrs Office letter No. AN/II/02604/99 dated 13.09.1999 vide which all controllers were requested to review all cases covered under FR 56(j) at least 6 months in advance.
However, it has been observed that some of the controllers are not adhering the time line as stipulated in the aforesaid orders. It is found that review under FR 56(j) in respect of some SAOs/AOs who attaining the age of 50 years between January, 2020 to June, 2020 has not been carried out by the controller’s office.
It is therefore, requested to adhere strictly the time line mentioned in the aforesaid DOP&T orders and review all such cases at the earliest.
Reviewed cases may be forwarded to HQrs office. If already forwarded, the same may be ignored.
Defence Federations Plan Indefinite Strike against Corporatisation of OFB
Defence Federation conducts Strike Ballot and 82,000 Defence Civilian Employees of 41 Ordnance Factories Will Go For an Indefinite Strike against the Decision of the Government to Convert 219 years old Indian Ordnance Factories into a Corporation / PSU
ALL INDIA DEFENCE EMPLOYEES FEDERATION
INDIAN NATIONAL DEFENCE WORKERS FEDERATION
BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(RECOGNIZED FEDERATIONS OF DEFENCE CIVILIAN EMPLOYEES)
JOINT PRESS RELEASE FOR FAVOUR OF PUBLICATION
82,000 Defence Civilian Employees of 41 Ordnance Factories Will Go For an Indefinite Strike against the Decision of the Government to Convert 219 years old Indian Ordnance Factories into a Corporation / PSU
The Federations oppose the decision of the government to convert Army base workshops in to GOCO model and abolition of vacancies in MES and Army Units !
Strike Ballot to be taken all over the country between 08.06.2020 to 17.06.2020
The 3 Recognised Federations (AIDEF, INDWF & BPMS) of the Trade Unions of the 82,000 Defence Civilian Employees working in the 41 Indian Ordnance Factories have taken a decision to go ahead with the preparations for an indefinite strike against the arbitrary, illegal and unjustified decision taken by the Government to corporatise the most strategic Ordnance Factories. This decision of the Government announced by the Finance Minister during the 4th Tranche of the Rs.20 lakh crore financial relief to meet the COVID-19 economic crisis under “Atmanirbhar Bharat Abiyan” is against the agreement between the recognised Federations and the Ministry of Defence in the past. Former Defence Minister late. George Fernandez, Shri. Pranab Mukherjee, Shri. A.K.Antony and late Manohar Parrikar have given written commitments that the Ordnance Factories would not be corporatised. The present decision of the Government is against all these assurances and agreements.
Apart from the above when the present Government included the subject of Corporatization of Ordnance Factories in its 100 days agenda, the Federations opposed the move of the Government and called for a one month strike which commenced on 20-8-2019. During the 5th day of the strike based on the direction given by the Chief Labour Commissioner (CLC) a settlement was reached with the then Secretary (DP) and present Defence Secretary Dr. Ajay Kumar wherein he has assured that no final decision has been taken by the Government with regard to Corporatization of OFB. Based on his assurance that a High Level Official Committee (HLOC) will be constituted to study the possibility of the OFB achieving Rs. 30,000 crores production target in the present setup, the Strike was deferred.
Since, there was a dispute between the Federations and the Government with regard to the terms of reference the Federations represented to the Honourable Defence Minister during October 2019 to intervene and change the terms of reference of the HLOC. However without considering the pending representation of the Federations, taking advantage of the COVID-19 lock down the Government have arbitrarily made the announcement that OFB will be Corporatised and will be listed in the Share Market
Government Decision to convert Ordnance Factories into Corporation hurts 82000 Employees
The above decision of the Government has hurt the 82,000 employees, since all these employees were engaged in manufacturing of all types of PPE’s required for the Doctors, Nurses and Para medical staff for fighting against the COVID-19 spread. They have taken risk of their life and were working throughout the COVID-19 lockdown. The Government instead of recognising their service to the Country have taken a major decision to convert this War industry as a PSU and thereafter to privatise the same.
This decision of the Government is against the Defence preparedness and National security of our country. Moreover it will overnight change the service conditions of the 82,000 employees and their status as Central Government employees which will be snatched away. In spite of our repeated representation to the Defence Minister and the Defence Production Secretary there is no positive response and hence the Federations are left with no other option than to go for an Indefinite Strike demanding the Government to withdraw its decision to Corporatize the Ordnance Factories. The date of the Commencement of the Indefinite Strike will be decided after the completion of the Strike Ballot which is scheduled between 8-6-2020 to 17-6-2020 throughout the country.
The Federations also are opposing the decision taken by the Government against other Defence Industries like MES, and EME. While 9304 vacancies in MES the Army Base Workshops under EME are being handed over to Private Sector in the name of GOCO Model. The Federations have already opposed the move and we will be separately deciding for serious Trade Union Action programme in these Defence Units also. The Federations also oppose the decision of the Government for allowing 74% FD] in Defence production.
AIBDPA writes to Director, CGHS on denial of eligible ward entitlement to BSNL pensioners switched over from BSNL MRS to CGHS by Wellness Centre, Vijayawada- intervention sought.
AIBDPA/CGHS-AP/2020 1st June, 2020.
To,
Dr. Sanjay Jain,
Director, CGHS,
Room.No.545 A,
Nirman Bhawan,
Maulana Azad Road,
New Delhi
Sir,
Sub: – Denial of eligible ward entitlement to BSNL pensioners switched over from BSNL MRS to CGHS by Wellness Centre, Vijayawada- intervention sought- reg.
Ref: – Department of Telecommunications Office Memorandum No.4-12(12)2018-PAT-Part (1) dated 1st July, 2019.
The above referred Office Memorandum, prepared with the approval of CGHS authority, in its Annexures, has specifically classified ward entitlement for the indoor treatment according to pay scales of each retired BSNL employee.
But we are constrained to bring to your kind notice that the Wellness Centre, Vijayawada has issued CGHS cards to all the BSNL pensioners switched over from BSNL MRS, with General Ward entitlement, without considering their pay scales. It is needless to say that CGHS card is an important document and any discrepancy in it will put the pensioners to unnecessary difficulties.
The issue was promptly brought to the notice of Additional Director, CGHS, Hyderabad by our Andhra Pradesh Circle Branch, but of no avail.
Therefore your kind intervention is requested in the matter for urgent settlement by issuing new CGHS cards in all cases wherever semi private and private wards are eligible.
A line in reply shall be much appreciated.
Thanking you,
Yours sincerely,
K G Jayaraj
General Secretary.
Copy to : Dr. Manoj Jain, Additional Deputy Director General, CGHS(HQ), Room No.342A/1, Nirman Bhawan, Maulana Azad Road, New Delhi. (addghq.dl@cghs.nic.in)
Option for BSNL MRS – Date of option up to 30th June 2020.
Com.V.A.N.Namboodiri, Advisor, AIBDPA today contacted Shri P.K.Purwar, CMD BSNL and requested him to reconsider the issue of restoring BSNLMRS to the earlier position without reducing the same. CMD stated that there is no other way but to implement the present order due to the difficult financial position of the company.
Com.VAN placed the difficulties in giving option in a short time due to covid situation as also the different dates stipulated by different circle administrations and requested that the last date of option be fixed as 30th June 2020 uniformly so that all pensioners get the time and convenience to submit the option. CMD agreed to the same.
Email to Secretary DOT and CMD BSNL on demands of the pensioners employees and workers.
Some circles have informed about the sending of email to the Secretary DOT and CMD BSNL on the four major issues as directed by the AIBDPA CHQ. Kindly ensure that the emails are sent by those who have not sent so far. The copy of the email to be sent is attached herewith for ready reference:
To
The Secretary, DOT, Sanchar Bhawan, New Delhi
The CMD BSNL, Bharat Sanchar Bhawan, New Delhi
- Honour the ILO decision. Do not increase working hours from 8 to 12 per day.
- Immediately disburse salary of BSNL employees for April, 2020.
- Immediately pay the wage arrears of contract workers. Do not retrench contract workers through outsourcing of works.
- Withdraw the decision to reduce Outdoor Treatment ceiling from 23 days to 15 days’ pay.
Name of Circle / District / Branch _________________________
Comrades, make the programme a full success. Send reports to the CHQ.