National Coordination Committee of Pensioners Associations
Friday, March 18, 2022
NATIONAL CO-ORDINATION COMMITTEE
OF PENSIONERS ASSOCIATIONS..
(Registered undder the T.U. Act.No. RTU01/2021.Dated.7.01.2021
PAN NO AAEAN8586F
Website: nccpahq.blogspot.in.E mail: nccpahq@gmail.com.
13.c Feroze Shah Road,
New Delhi. 110 001
PRESIDENT: COM.SHIV GOPAL MISHRA.(97176 47594)
SECy. GENERAL: COM.K.K.N.KUTTY. (98110 483030)
Dr. Jitendra Singh
Prime Minister’s Office
Minister of State,
Ministry of Personnel, Public Grievances and Pensions
Government of India
New Delhi. 110 001
Dear Sir,
NCCPA/MOS/1001/2022
Dated: 18th March, 2022.
Sub: Grievances and demands of the Pensioners –request for redressal- setting up of a mechanism to have periodical interaction for the Pensioners Association with the authorities. Regarding.
O0o
The National Co-ordination Committee of Pensioners Association, an apex level organisations of various regional and department wise pensioners Associations of Central Government Pensioners, retirees of Banks, the BSNL and various autonomous bodies under the Government of India., had been raising issues pertaining to the grievances , problems and demands of Pensioners and retirees. In the case of the Bank retirees is that their pensionary benefits are not revised periodically, their representatives are not being taken into confidence when the wage negotiations are held with the representatives of the working employees, which inter alia includes the retirement benefits. Similarly the retirees of BSNL, and the erstwhile pensioners of Department of Telecom are being denied pension revision due from 01-01-2017, unjustifiably linking the pension revision with bad financial condition of BSNL whereas the entire liability of pension and pensionary benefits to absorbed BSNL pensioners lies with the central government. They are also aggrieved of the fact that certain benefits like minimum pension, minimum family pension provided for to the Central Government pensioners are not extended to them . This apart, the BSNL management has arbitrarily curtailed the medical benefits to the BSNL retirees and continue to harass the aged and ailing pensioners by resorting to non-payment of even the reduced medical reimbursement bills and medical allowance for the last four years. In the case of autonomous organisations set up by the Government of India, the rules and regulations concerning the service conditions of the Central Government employees had been ipso facto made applicable to them. Still when the matter of pay revision is made and the retirement benefits are revised it is not automatically extended to them on one ground or the other. In the case of Central Government Pensioners, the non settlement of issues raised by this organisation as also by various other Associations and Federations of Pensioners has given rise to discontent and anger. Though the Government went about setting up the SCOVA to hear the grievances of the pensioners, the representation to that from the all India organisations like NCCPA has been denied. Even in the matter of providing grant to the Association from the exchequer, the procedure adopted is incomprehensible. It is felt by almost all Organisations of the Pensioners that there must be certain transparent and enforceable norms to select the representation in SCOVA .
The CGHS, as you are aware was set up to comprehensively look into the health care matters of both the working employees and pensioners of Central Government Departments. It had been doing a great service in earlier years and initially there were dispensaries and wellness centres in about 28 Centres. No doubt the number of such stations has been expanded recently and it is likely to cross 100 . At the stations, where the CGHS dispensaries had been in place, for the convenience of beneficiaries , reputed private hospitals had been empanelled for in-patient treatment. We regret to inform you Sir, that the CGHS presently stand as a skeleton shadow of its glorious past. The Standing Committee of the Parliament decades back had gone into the matter and suggested remedial measures. Some of these suggestions had been accepted and acted upon. But many of their recommendations had remained in the paper. Presently the number of hospitals empanelled for in patient treatment has come down drastically and even those recognised are of sub standard reputation. There are certain Cities, we have been told that not a single private hospital stand recognised as on date. Even the empanelled hospitals refuses to treat the pensioners on the plea that the Government had not been paying and clearing their earlier bills and had not been revising the rates of various procedures periodically. Every aspect of the functioning of the CGHS, even in the matter of out-patient care has deteriorated and the pensioners are virtually in distress..
Exasperated over the inordinate delay in remedying the problems and against blatant discrimination some of the Pensioners had resorted to judicial intervention with a heavy litigation cost. Even when they succeed, the Government prefers appeal, to higher court and drag the petitioner upto the level of Supreme Court There are very many instances where the court decisions are implemented only in the case of the concerned petitioner and the similarly placed personnel treated differently. Despite the highest court dictum on several occasions, the similarly placed personnel are dragged to the court at a very high cost, which is unbearable. Those who cannot afford to go to the court, for the sheer expenses involved, they are left high and dry. Two such cases viz (i) the grant of notional increment for those who retired on 30th June, and (ii) the date of effect of MACP being 1.1.2006 ought to have given universal application. We find that in almost all cases, the financial implications had been very insignificant. We may state the details of just one case to bring to your kind notice that as to how this attitude hurts.
An army Jawan had to approach the Court, when the MACP was denied to him on the ground that the scheme was made applicable by the Government only with effect from September, 2008, whereas the pay scales and other allowances came into being with effect from. 1.1.2006. The Central Administrative Tribunal found merit in his contention and orders that he must be granted the benefit of MACP. The Government preferred appeal first to the High Court and then to the Supreme Court. The higher courts did not interfere with the verdict of CAT. Ultimately, the Government implemented the decision in his case but refused to extend the benefit to the similarly placed personnel in the Army. As the Army took strong objection, the Government later made it applicable to all similarly placed defence personnel. The scheme is equally applicable to the civil servants. The Staff Side of the National Council JCM took up the matter with the Government. However, the issue was not settled. In an entirely different case, where the plea was that the MACP must be effected on promotional hierarchy and no on grade pay heirarchy, the Government filed an affidavit stating that the scheme was in the nature of an incentive and it was their prerogative to decide as to which date it must be made effective. The Supreme Court upheld this contention i.e. the prerogative of the Government. And on the basis of that all similarly placed civilian employees are denied the benefit. The question of violation of Art. 14 and 19 amounting to discrimination has not been appreciated by the Government. The ratio of the judgement in the case of Jawan is applicable only for a few persons, who retired between 1.1.2006 and September, 2008. Their number is very less and among among them, those who are entitled to MACP benefit would be much less. What is the type of message sought to be conveyed by the bureaucracy by such attitude to the pensioner community must be pondered over We leave it for your kind consideration. In any case promotion cannot be considered an incentive scheme and it cannot bear a different date of application that the date of pay scale revision. In our understanding of the matter what the honourable Supreme Court has upheld was the prerogative of the Government and not the applicable of that prerogative in an arbitrary manner.
During the covid days, the dearness relief for certain period was denied to the Pensioners. In fact the pensioners were the worst victims of the pandemic. In the initial days, there had been no vaccine and no curative medicines. Most of the people affected by the pandemic were those beyond 50 or 60. At some point of time, there had been no space in the Government Hospitals as it was overcrowded by patients due to the pandemic. The pensioners had to perforce get treatment from the private hospitals which had been exorbitantly costly. Since the charges were heavy, no reimbursement of the expenses was possible and given. When vaccination was introduced, CGHS dispensaries were left out from being an authorised institution. The freezing of Dearness relief in the given situation was not objected to in the national interest but the denial of it permanently is altogether a different matter. The continued denial of DR arrears for 18 months has no justification. The resource mobilisation capacity of the Government has gone up as could be seen from the revenue collection figures presented by the honourable Finance Minister.
The JCM National Council, in the past had taken up various problems of the pensioners and had been finding resolutions. However, the functioning of the council has gone awry and the scheme has almost been dismantled. Very few meetings take place. There is no adherence to the stipulated periodicity. The items introduced in the meeting is stipulated to be decided then and there or at the ost at the next meeting. Presently, the issues are allowed to be procrastinated without any end for years together. The facility available for the employees to approach the Arbitration Board as per the scheme is thus effectively circumvented. Even if those Board of Arbitration decides the case in favour of the employees or pensioners, the Government move the Parliament with a resolution to reject those awards under the special dispensation of the Parliament. Fifteen such cases are pending. And presently there is no bench of the Arbitration Board as no case is being referred to it having not reached any disagreement in the recent past in any of the councils. There had been two Committees set up by the National Council viz. One headed by the Secretary Pension and the other, Secretary Health. The problems and issues pertaining to the Pensioners had been referred to these two committees. There had been no meetings of these committees in the recent past. At the instance of this organisation and many other pensioners Associations, the Staff side of the National Council had taken up issues before these two committees but could not be resolved as the committees were not meeting at all. In the annexure to this letter, we have catalogued the items taken up before the Council and consequently before these two committee by the Staff Side National Council, which have either not come up for discussion at all or remained undecided for years together. Two members nominated by the Staff Side of the National Council had been members of the SCOVA. However in the newly constituted SCOVA their names have been removed. Their presence and pleadings had helped the Government to appreciate the issue in all its aspects and take a fair and justified decision. That has now been done away with.
Our fervent appeal to you in the circumstances is to explore the possibilities of setting up a mechanism whereby the problems of the Pensioners , especially Central Government pensioners, could be periodically discussed with the authorities and resolved. Such a mechanism can be replicated in the case of Bank retirees and the other PSU pensioners, especially the BSNL. For the sake of uniformity of approach, it would be better that the machinery looks into the problems of all pensioners retired from the Central Public Sector Undertaking, Banks, autonomous bodies and Central Government employees.
Incidentally we may solicit your kind attention to the 110th report of the Parliamentary Standing Committee. It is a very comprehensive report. The report has touched upon almost all aspects of the life and living conditions of the Pensioners and the impediments they are per force to face. Some of the significant recommendations made by them are:
I. Grant of Additional Pension of 5% at 65 years, 10% at 70 and 15% at 75 instead of the present 20% at 80 years.
II. Regarding medical facilities to the pensioners, the Committee has recommended;
(1) Enhancement of Fixed Monthly Medical Allowance to Rs.3000 from the present Rs.1000.
(2) To start CGHS Wellness Centre at every district.
(3) To implement Supreme Court judgement on reimbursement of medical bills for indoor treatment in Non- empanelled hospitals of CGHS.
(4) To include Pensioners in CSMA rules.
Having been found merit in the contention and presentations made by the Pensioner community the said committee of eminent person who were not only sterling experts in their own field of activities but the representatives of the people at large, we are certain that the Govt. will provide serious consideration to their opinions, suggestions and recommendations and direct the concerned officials to act upon them .
In fine, we appeal to your good self to consider our pleas enumerated hereunder urgently and ensure that speedy resolutions thereof are brought about.
1. To consider a permanent mechanism by virtue of which the representative of all India body of Pensioners are selected and participate in the discussion on the basis of a well thought plan as is the case with the JCM.
2. To evolve a transparent policy to recognise the Pensioners Association and make rules thereof.
3. To take immediate steps to accept and implement the recommendations of the Standing Committee of Parliament cited in the preceding paragraph.
4. To kindly take steps to revamp the CGHS to ensure minimum facilities viz. Dispensaries are open, sufficient number of doctors and staff are posted wherever the beneficiary number is more than. 1000. (b) all medicines are available in the dispensary or the wellness centre (c) some permanent arrangement by virtue of which the required medcines could not be dispensed to the beneficiary resorting to local purchas; , Atleast minimum 5 hospitals are recognised in each city depending upon the population of that city and three super specialty hospitals required for those suffering from such diseases. Ensures that the payment due to the recognised hospitals are made within three months of the raising of the bill to enable the concerned hospitals to treat the suffering pensioners.
5. To ensure that the court decisions which are in favour of the Pensioners are not appealed against, the pensioners are not dragged to higher courts and the decisions are universally acted upon making the ratio applicable to all similarly placed personnel.
6. Enhance pension at the rate of 10% on completion of every five years as a pensioner.
7. Settle the family pension in respect of the widowed wife of the deceased pensioner within a stipulated time frame.
8. To ensure that the CCS(CCA) rules cannot be invoked in the case of retired persons
9. The Indian Bankers Association is directed to cause discussion of the pension revision in respect of the retired bank worker
10. Immediate intervention for pension revision of absorbed BSNL pensioners with 15% fitment recommended by the 3rd PRC from 01-01-2017, delinking wage revision. The BSNL management is advised to take immediate steps to restore the curtailed medical facilities and clear all pending medical bills and medical allowance to BSNL pensioners immediately.
11. Pending the setting up of a permanent negotiating machinery, the Secretary Pension may be asked to hold discussions with the NCCPA representatives to settle the pension related issues indicated in the annexure to this letter.
Thanking you,
Yours faithfully
K.K.N. KUTTY
Secretary General.
Encl: Annexure.
ANNXURE.
Issues taken up but pending resolution.
1. Pension revision in the case of personnel compulsorily retired based upon the Basic pay at the time of their such retirement.
2. Restoration of the commuted portion of pension after 12 years
3. Grant of Notional increment for those who retired on 30th June.
4. Applicability of 7thcpc pay revision benefit for those retired on 31.12.2015.
5. Treating pensioner for guest house facility on par with officials on duty.
6. Reimbursement of medical expenses of pensioners not covered by CGHS.
7. To fix a time frame for completion of disciplinary proceedings pending in the case of pensioners.
8. To exempt disability pension of war heros to be exempted from payment of income tax.
9. To make divorcee daughter to be eligible for family pension.
10. Introduction of health insurance scheme
11. To establish dispensaries/wellness centres at the new stations sanctioned by the Govt.
12. Ward entitlement of CGHS beneficiaries.
13. Increasing the fixed medical allowance.
14. Payment of FMA to the pensioners of National Institute of Ayurveda
15. To empanel hospitals in each revenue districts in the country.
16. Strengthen dispensaries taken over from the Postal department by deploying sufficient staff.
17. Ignore the competitive examination based promotion from the MACP scheme.
18. Extend CGHS facilities to the pensioners at Lakshadweep, Andaman and Nicobar Islands.
19. Resolve the problems concerning the non-availability of essential medicines, delay in the reimbursement of the bills submitted to the authorities
20. To extend online consultation facility to all Stations.
21. To make the date of effect of MACP as 1.1.2006 as per the court direction.
22. To exempt pension from the purview of income taxation
23. Grant of advanced pension on completion of 65 years as detailed in the memorandum to 7th CPC.
24. To monitor and ensure that the grievance of individual pensioners is attended to by the concerned department/ministry.
25. Grant the arrears of Dearness relief of 18 months,
26. Restore the facilities of Air and Rail travel granted to senior citizens but withdrawn during corvid period.
