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CGHS PROBLEMS-SECRETARY, JCM, STAFF SIDE WRITES TO SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE.

NCCPA consulted the JCM Staff Side Secretary and also the President of NCCPA that we have to write to the Government on the problems of CGHS during Covid-19. I am reproducting the letter written by the Secretary Staff Side JCM National Council to the Health Secretary in this issue: KKN SG NCCPA 

Ph:23382286

National Council (Staff Side)

Joint Consultative Machinery

For Central Government Employees

13C, Feroze Shah Road, New Delhi 110001

E Mail: nc.jcm.np@gmail.com

Shiva Gopal Mishra

Secretary

No.NC-JCM-2020/Health                                                                                                                             May,20, 2020

To

The Secretary,

Government of India,

Ministry of Health & Family Welfare,

Nirman Bhawan,

New Delhi. 110001

Dear Sir,

                Sub: health care facilities for the Central Government Employees and pensioners – problems and difficulties During lock down period – redressal  regarding.

                It has been brought to our notice by various Federations/organizations of Central Government employees and Pensioners that they face serious problems in accessing the health care related facilities during the lockdown period throughout the country.  As you are aware that since 24th March, 2020, the whole country has been placed under lock down to combat the spread of the pandemic COVID.19.  The employees and especially the pensioners are not allowed to stir out of their homes.  In the case of employees, they are allowed to go only to the places where they are assigned specific jobs.  This apart, the CGHS dispensaries themselves had been functioning with little staff and virtually they were open for name- sake only.  Neither the medicines were available nor the doctor.   In the case of those employees, who are entitled for the benefit of CCS(MA) rules, the situation was much more precarious in as much as no private clinic was allowed to be open and the AMAs were not allowed private practice.  The Government hospitals in most of the cases had been declared as exclusive  Covid 19 hospitals  where other treatments are  declared impermissible. 

                Initially everybody thought that the situation would be a passing phase and would improve once the pandemic  spread is arrested.  However, despite the lock down and other measures, the spread of the disease had been on increase in many parts of the country, with the result the lock down had to be extended to the fourth phase.   In the situation in which we are placed, it is difficult to bring about normalcy in the near future.  Perhaps till  the anti virus vaccine is developed or medicine to cure the disease is invented,  the world will have to live with certain restrictions to contain the deadly nature of the disease.  In the circumstances, we are afraid that the Government will have to think in terms of alternative methods of providing the health care facilities for the employees and pensioners keeping the present rules and regulations  under suspension.

                We, therefore, make the following suggestions to have hassle free alternate arrangements till  normalcy is restored or travel restrictions are eased.

When in patient treatment becomes necessary:

(i)CGHS beneficiaries(including pensioners):  may be allowed to undergo treatment any private hospital nearby their residence.  The cost of treatment will be reimbursed by the concerned department in the case of employees and CGHS in the case of pensioners  The Govt. may direct all hospitals to provide treatment to all CGEs and CG pensioners and they might be told that the rates stipulated by AIIMS  Delhi must be the basis of billing. The hospitals may be asked to submit the bills to the concerned department/Addl.Director, CGHS as the case may  be for payment.

(ii)The treatment has to be based on the production of the CGHS card.

Non-CGHS patients:

(i)They may also avail the same facility as the CGHS beneficiaries. i.e.in any hospitals near their residence. Their admission will be based on the basis of a certificate of identity issued by the department in which he/she is employed.

Out-patient treatment.

(i)Out patient treatment for employees may be provided by the private hospitals  on the basis of a pre determined rate of consultation.

(ii)The employees will submit the bills and get the cost reimbursed

Pensioners. (out patient treatment)

(i)In the case of pensioners who require outpatient treatment, they may be permitted to avail either the CGHS facilities, if it is nearby their residence or in any private hospitals, which is near to their residence.  Those who avail the private hospital facilities may submit their bills to the additional director pension for reimbursement. The private hospitals throughout the country  may be asked to provide the O.P. treatment to CG employees and pensioners on the basis of a predetermined consultation fees and stipulated charges for pathological tests.

We request you to kindly consider these suggestion and issue necessary orders.

Thanking you, 

Yours faithfully,

Sd/-

(Shiva Gopal Mishra)

Secretary

POST COVID-2019 SITUATION IN ASIA- REPORT SENT TO TUI(P&R) BY NCCPA.

Draft sent to Comrade Quim Boix GS TUI (P&R) on 7.6.2020 by NCCPA
The TUI (P&R) of WFTU strives to unite the entirety of pensioners and retirees of the world under its revolutionary banner to focus the attention of a powerful struggle against capitalist globalization. The pensioners and retirees of Asia also like their counterparts are under the direct attack of forces of liberalization. The countries of Asia are generally developing or under-developed countries and after embracing globalization have intensified the attacks on pensioners and retired.

Most of the Governments in Asian countries , having adopted the  neo  liberal economic policies at the behest of IMF have already replaced the statutory defined benefit pension schemes with the defined contributory one, whereby the employees under these governments have lost a viable social security for ever.  In India, the new scheme was introduced by the  Federal Govt. in 2004 and has now been adopted by almost all provincial governments except the State of West Bengal, where a communist led government was in existence  at the relevant point of time.   The main objective of the switch over the new contributory scheme was to create a huge pension fund controlled by the private sector to which a sizable amount will flow periodically and make it available for corporate bodies  at a cheap rate to maximise profit.  Presently the employees who retire after 30-40 years of active service are not even guaranteed a minimum pension.
The privatization spree of Government and Public Sector Services in India is removing the social security guarantees that existed hitherto. Almost this is the general trend in other Asian countries too.
As part of the increasing attacks on pension and social security, the rulers have started to severely attack and snatch the hard won rights of Trade Unions.

Another important aspect of the neo liberal policies is the increasing attack on labour related rights and privileges obtained through long and sustained struggles. The labour welfare le enactments are being annulled one after another.  Minimum wage concept is being discarded.  The facilities like health care, housing, social security, recreational etc. which were mandatory under the rules have been made optional at the mercy of the employer.  The unions in many of the Asian countries have been resisting  these onslaughts through struggles, the details of which are to be catalogued for a better and wider movement to take shape.  In India, the Pensioners organisations under the NCCPA (National coordination committee of Pensioners Associations) have been taking part in all the resistance movements organised by the workers.

Now, taking advantage of Corona, these pro liberalization governments are imposing new economic offensives on us. All workers and pensioners joint protests are impossible in the traditional forms at present as large assemblies are banned. Therefore the Central and State Governments find it convenient to tighten labour laws. Layoffs and unemployment are increasing. Migrant labourers are under heavy stress. Work hour protection is likely to be removed. Pensioners and Employees are facing compulsory Dearness Allowance cuts for several months in addition to wage cuts. But there is no control over spiralling prices of essentials. Wage and pension cuts have been employed freely by the Federal Government as also most of the State Governments  in India in the name of combating the financial difficulties caused by the lockdown on account of Corona disease.    Similar actions must have been initiated by other countries too .  In India, where the wages and pension is meagre,  the cut in entitlements has caused untold miseries especially for those who are in the lower wage group.  In the case of pensioners the agony caused by such inhuman approach is tremendous as the pensioners are compelled to bear additional expenditure due to the lock down for day to day existence and especially for health related difficulties. This is the general suffocation.

Lack of sufficient public health infrastructure is another common problem in almost all countries of Asia. Senior Citizens are more vulnerable. Roofless and jobless migrants are also more vulnerable. There is no proper methodology to extend financial help to the seriously affected. Asian countries because of thick and heavy populations are getting the brunt of attack by this calamity.
New forms of protests are required. The usage of all platforms of social media should be increased by our pensioners organizations and their members against all injustices and machinations of pro corporate ruling classes. A wider and strong public opinion has to be created by exposing the discriminatory actions of rulers in all countries.

We therefore strongly demand by raising our TUI banner:

1. Stop all attacks on pensioners and workers.

2. Stop compulsory recoveries from workers and pensioners including impounding and cancellation of Dearness Allowance on par with cost of living index.

3. Ensure sufficient financial relief to all weaker sections and migrant labourers and retirees .

4. Stop spending billions for Defence annually and start strengthening public health infrastructure.

5. Stop privatization of Government and Public Sector institutions and strengthen them as they are the only guarantee against crisis.

K.Ragavendran

TUI (P&R) Coordinator for Asia

Central Trade Unions call for 3rd July as Nation Wide Protest- Prepare for Countrywide Struggle of Non Cooperation and Defiance-Press Release

The Central Trade Unions (CTUs) in their meeting on 3rd June 2020 congratulated the workers for responding enthusiastically to the nation-wide protest call demanding immediate halt to changes in labour laws, abrogating the rights won over after a struggle of 150 years among other demands. The meeting took serious note of the continuous aggressive attack on the workers’ rights ignoring all the joint representations to the Government on the matter including the nationwide protest on 22nd May 2020.

The Government not only failed in getting its own orders and advisories implemented in regard to payment of wages to workers, no retrenchments to be carried during lockdown period. Instead, it withdrew its own decision in the face of the case in Supreme Court by the employers of some companies. The Government did not heed to the demand of cash transfer of Rs. 7500/- to all non income tax paying households including unorganised labour (registered or unregistered) for the months of April, May, June, neither the demand for Government support to pay the wages of workers of MSMEs for these three months. The ration to all working people for at least six months to be made available universally also did not find favour with the Government. Neither our demand for workers safe journey home paid attention to.

The Supreme Court had to take cognizance finally asking the Governments of Centre and States not to demand passenger fares from workers, give them proper shelter and food till they are transported to their homes. Nineteen High Courts had taken cognizance of workers, frontline fighters and hospital services etc during this period.

We re-iterate that the Central Government chose the cover of COVID-19 lockdown to push through its agenda of disinvestment and wholesale privatisation of Public Sector Enterprises, 100 percent FDI in core sectors – Indian railways, Defence, Port and Dock, Coal, Air India, Banks, Insurance etc., steps in favour Corporates of Indian & Foreign brands to usurp natural resources and business of the country while mouthing behind the slogan of Aatma-Nirbhar Bharat. The earlier decisions and those taken during COVID-19 lockdown on privatization/corporatization/commercialization in Defense, Coal, Space science, Atomic energy, Insurance, Banks and most of the PSUs are being pursued with vigour and arrogance. The decision of DA freeze of 48 lakh Central Government Employees and DR freeze of 68 lakh pensioners, which is also having impact on the state government employees, is not withdrawn despite vehement opposition from Government employees and CTUs.

In this back ground various sections are now in agitation mode. The electricity workers and engineers have jointly observed countrywide protest against Electricity Amendment Bill 2020 on 1st June 2020.  While welcoming the sectoral struggles which are developing in various sectors, CTUs support the protest programmes taken up by Defence federations including “strike ballots” and those in the coal mine sector on 10-11 June 2020.

The scheme workers, ASHA, Anganwadi, MDM, 108 ambulance employees, etc and the nurses and doctors who are in the front ranks among the front line warriors working at the community level for combating Covid 19 Pandemic are agitated for their demands for safety measures not being addressed appropriately and neither they are provided proper health care on falling sick from COVID-19 infection, nor the social security and insurance coverage being extended to the families who are succumbing to the disease. The scheme workers are also being denied payment of honorarium for lockdown period.

ASHAs, anganwadi employees, Doctors, Nurses, Safai Karamcharis, have been in the protests now and then in various parts of the country on similar demands. The CTUs support all these agitations on their just demands.

The so-called 20 lakh crore package of the Government is nothing but a hoax and cruel joke on the suffering people; this mainly comprises of loan guarantee to various sectors and the actual relief package reaching people is not even 1 percent of GDP. Even, previously announced budgetary allocations and welfare schemes such as PM Kisan Samman Nidhi, Construction Workers Welfare Board and District Mineral Funds etc have been unscrupulously repackaged to befool the people.

Another 25 Investigations included in CGHS Package Rates 2020

Notifications has been issued by Directorate General of CGHS to include another  25 Investigations in CGHS Package Rates 2020

Directorate General of CGHS, Department of Health & Family Welfare has issued an OM No File No.S-11011/09/2019/Addg.(HQ)/CGHS. Dated the 3rd June 2020 in which Another 25 Investigations included in CGHS Package Rates 2020. See the Notification below

Notification of CGHS rates for 25 Investigations

With reference to the above mentioned subject refer the Office Memorandum No. S-11045/36/2012-CGHS(HEC) dated 01.10.2014 vide which CGHS package rates for various treatment procedures and investigations were notified by the Government for Health Care Organizations (HCOs) empanelled under CGHS and refer to the OM of even number dated 14.01.2020 vide which CGHS rates have been notified for 15 investigations and procedures and to state that it is now decided to notify CGHS package rates for another 25 investigations and their inclusion in CGHS rate list as per the details given under:

25 Investigations included in CGHS Package Rates 2020

No. Name of Investigations Recommended Rates (in Rupees)
1. Anti-smooth muscle antibody test (ASMA) 1460/-
2. C ANCA-IFA 1,500/-
3. p ANCA-IFA 1,500/-
4. ACE 1,000/-
5. EBUS(Endo Brachia! Ultrasound) – TBNA (Using New Needle) 18,370/-
6. ENA (Quantitative) 4,600/-
7. Chromogranin A 5000/-
8. Fecal Calprotectin 2,730/-
9. C3-COMPLEMENT 650/-
10. C4-COMPLEMENT 650/-
11. Gene expert test 1035/-
12. DJ- stent removal 8,700/-
13. PFT /(spirometry with DLCO) 500/-
14. EUS (Endoscopic Ultrasound) guided FNAC (Using New Needle) 15,000/-
15. CT Urography 4,500/-
16. Video Laryngoscopy 6,000/-
17. CT Angio-Neck vessels 6,000/-
18. H1 N1 (RT-PCR) 1,084/-
19. Erythropoietin level 2 ,000/-
20. Anti HEV lgM 1,000/-
21. anti HAV lgM 750/-
22. HbsAg quantitative 650/-
23. Typhi dot lgM 400/-
24. Hepatitis S Core Antibody HScAS level (Hepatitis S Core lgM antibody) 480/-
25. Anti Hbs 650/-

The rates for investigations from S.No 1 to S No. 25 are for NASL/NASH accredited HCOs. The rates for non- NASL/ non- NASH Accredited HCOs shall be 15% less.

These rates come into force from the date of issue.

This issues with the concurrence of Integrated Finance Division of Ministry of Health & Family Welfare vide CD No 460 dated 02/06/2020.

View the Official Order

AIBDPA writes to Secretary, Telecom on delay in payment of the of ex-gratia to the VRS retirees.

AIBDPA/ DOT-VRS/2020                                                                                          8th June,2020

To,

Shri Anshu Prakash

Secretary,

Department of Telecommunications

Sanchar Bhawan

New Delhi-110001

Sir,

Sub: –    Delay in payment of the of ex-gratia to the VRS retirees- reg.

We wish to bring the following issue for your kind intervention and necessary favourable action.

When VRS was implemented in BSNL, a large number of BSNL employees (78,569) opted it, attracted by financial benefits, mainly the ex-gratia. They hoped to settle the debit and do something with the balance. It was assured by the government that ex-gratia will be paid in two equal instalments; first in March,2020 and the second in June,2020.

But contrary to the assurance only 33.33% was paid in March,2020 instead of 50 per cent. And all the amounts of future instalments towards HBA, bank loans, society loan, car loan etc were recovered from 33.3 per cent of ex-gratia paid. Most of the VRS retirees got very meagre amount after the recoveries. There is still uncertainty as to when the balance will be paid though the second instalment also has become due. This situation has put the VRS retirees into much disappointment and distress.

Therefore, we request your intervention to cause necessary action for the payment of 66.67 per cent of ex-gratia at the earliest but before 30-06-2020.

Delay in issuing the PPOs to the VRS retirees. 

While we appreciate the commendable job by some of the CCAs like Assam, Gujarat, NE, Rajasthan, Andhra Pradesh and Kerala for having already issued the PPOs and sure to complete by 30-06-2020, we give below the CCAs lagging far behind.

  • Tamil Nadu & Chennai Telephones.

Tamil Nadu out of 8761 only 2750 PPOs issued.

Chennai Telephones- out of 2671,1300 issued.

  • Maharashtra – Only 4466 PPOs issued out of 9997.
  • UP (West) – Only 550 PPOs issued against 2227.

These figures warrant immediate intervention of the higher authorities with constant monitoring. As far as the retirees are concerned, PPO is the most important document and they will be worried until they get the PPO.

We sincerely hope that you will do the needful at the earliest.

Thanking you, 

Yours sincerely,

K G Jayaraj

General Secretary.

CC: Shri P.K.Sinha, Member (Finance), Department of Telecommunications Sanchar Bhawan, New Delhi-110001.

<<<View Letter>>

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

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