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Few
of the main demands of C.G. Pensioners’ identified by BPS for inclusion in the
Memorandum to 7th CPC
(Department
wise issues will be attached as Annexure)
1.Bring down the Ratio
between maximum & Minimum of Salay to 1: 9
Some 25 years back 4th CPC
had determined the ratio between minimum & maximum of salary to be
10.7(Chapter 41 & 43) Vth cpc maintained it to be 10.97
(Appendix ‘I’ to VOl.III of 5thCPC report “ Summary of
recommendations” para19) in their recommendations which while implementation
was raised to 1:11.76
Shredding the basic fiber
of the Constitution of Indian Socialistic State, after implementation of 6th CPC
this ratio stand raised to 1: 12.85. Both for salaried employees
& Pensioners. Which is much more, than even the capitalist countries like
America & Britain.
This negative and
socially regressive effects of the 6th Central Pay Commission has had the
effect of worsening wealth and income inequality not only between pre-and
post-2006 retirees, but even within pre-2006 retirees where in higher-ups from
Scales S30.S31& above got full parity in Pension.
Raising, instead of
reducing the ratio between minimum & maximum of salary is
unconstitutional .
We demand: That
Preamble to the Constitution, Articles 366(17),14 & 21read in the light of Honourable Supreme Court judgements, in the cases of D.S. NAKARA &
OTHERS Vs UNION OF INDIA DATED 17/12/1982 1983 AIR
130,1983 SCR (2) 16, 1983 SCC (1) 305 1982 SCALE (2)1213,
and, in the case of Consumer Education and Research Centre & Others Vs
union of India(AIR 1995 supreme court 922) to be implemented in
letter & spirit.
Accordingly the Ratio
between minimum & maximum of Pay/Pension should progressively go on
reducing ensuring complete equality.
We appeal to the 7th CPC: That the ratio between
maximum & minimum Salary/Pension be brought down to 1: 9 accordingly, 7th pay
commission should first workout the top most revised salary, divide it by 9 to
arrive at the minimum revised salary & then on this basis derive a uniform
multiplication factor to arrive at revised Pay & Pension with the condition
that Pension shall not in any case be less than 65% & family Pension 45% of
the last Pay in Pay in Pay Band/Pay scale or of average of last 10 months
emoluments (Whichever is more beneficial)
2.Pension to be 65% of
last drawn or 65% of Av. Of last 10 months emolument whichever
beneficial & Family Pension to be 45% of last drawn or Av. Of 10 month:
Honorable
Supreme Court, in its landmark 5-Judge Constitutional Bench judgment dated
17.12.1982 in the case D.S.Nakara vs UOI, ruled
that “A pension scheme consistent with available resources must provide that
the Pensioner would be able to live Free from want, with decency,
independence and self respect, and at a standard equivalent at pre- retirement
level”. As laid down in Para 127.9 of 5th Central Pay Commission report Vol.
III, the study done by the Consultants to 5th Central Pay Commission (TECS - Tata
Economic Consultancy Services) recommended Pension to be 65% of the last
emoluments drawn.
We
demand 65% of the last drawn emoluments or 65% of the last 10 months’ average
emoluments, whichever is more beneficial, as Pension and 45% as Family Pension
subject to the condition that minimum pension shall not in any case will be
less than 65 % of the 7th Central Pay Commission revised minimum Basic Pay of
Central Govt. employees,
3. Grant 5% upward enhancement in
pension be granted every five years’ after the age of 60 years & upto
80 years & thereafter as per existing dispensation.
In
their Para 5.1.32, the 6th Central Pay
Commission agreed that older pensioners require a better deal on account of
their needs, especially those relating to health, increase with age.
Accordingly, the Commission recommended that quantum of pension available to
the old pensioners should be increased as follows:-
On
attaining age of Additional quantum of pension
• 80 years - 20% of
basic pension
• 85 years - 30% of
basic pension
• 90 years - 40% of
basic pension
• 95 years - 50% of
basic pension
• 100 years - 100%
of basic pension
In
the present scenario of climatic changes, incidence of pesticides and rising
pollution old age disabilities/diseases set in by the time an
employee retires and go on manifesting very fast, needing additional
finances to take care of these disabilities and diseases, especially as the
cost of health care has gone very high compared to 01.01.2006.
We
therefore, demand, that 5% upward enhancement in pension be granted every five
years’ after the age of 60 years & upto 80 years & thereafter as
per existing dispensation.
4.. Pension
to be net of Income Tax :
The
purchase value of pension gets reduced day by day due to continuously high
inflation and steep rise in cost of food items and medical facilities. Retired
persons/Senior citizens do not enjoy fully public goods and services provided
by Government for citizens due to lack of mobility and many other factors.
Their ability to pay tax gets reduced from year to year after retirement due to
ever-increasing expenditure on food and medicines and other incidentals. Their
net worth at year end gets reduced considerably as compared to the beginning of
the year. Inflation, for a pensioner is much more than any tax. It erodes the
major part of the already inadequate pension. To enable pensioners, at the far
end of their lives, to live in minimum comfort and to cater for ever rising
cost of living, they may be spared from paying Income Tax.
We
demand that pension should be net of income tax as recommended by 5th Central Pay
Commission, vide their Para 167.11(VTH
CPC REPORT VOL. III)
5. Automatic Merger of
Dearness relief with Pension :
The
Pension of Central Government Pensioners undergo revision only once in 10 years
during which period the pension structure gets seriously dis-aligned; 50%
increase in price takes place even in less than 5 years. This results in
considerable erosion of the financial position of the pensioner with otherwise
inadequate Pension. As admitted by Shri Montek Singh Ahluwalia, Deputy
Chairman, Planning Commission, in his statement to PTI on 27.2.2008, DA does
not adequately take care of inflation. Working employees are
getting automatic relief by way of 25% increase in their allowances with
every 50% rise in Dearness Allowance. As pensioners do not get any allowances,
they feel discriminated against. In order to strike a balance, DR may be merged
with Pension whenever it goes beyond 50% as recommended by 5th Central Pay
Commission.
We demand automatic merger of DR with pension,
whenever it goes above 50%
6. Restoration of
commuted vale of Pension in 12 years
Commutation
value in respect of employee superannuating at the age of 60 years between
1.1.1996 and 31.12.2005 and commuting a portion of pension within a period of
one year would be equal to 9.81 years Purchase. After adding thereto a further
period of two years for recovery of interest, in terms of observation of
Supreme Court in their judgment in writ petitions No 395-61 of 1983 decided in
December 1986, it would be reasonable to restore commuted portion of pension in
12 years instead of present 15 years. In case of persons superannuating at the
age of 60 years after 31.12.2005 and seeking commutation within a year, numbers
of purchase years have been further reduced to 8.194. Also, the mortality rate
of 60 plus Indians has considerably reduced ever since Supreme Court judgment
in 1986; the life expectancy stands at 69 years now.
We demand restoration of
commuted value of pension in a period of 12 years.
7. The 6th Central Pay
Commission’s new benefits, e.g. full pension for 20 years of service/10 years in
superannuation cases, last pay drawn or average of last 10 months’ pay
whichever is beneficial to the retiring employee as emoluments for computation
of pension etc., have been limited only to post-1.1.2006 retirees. This
is in violation of the letter and spirit of Hon’ble Apex Court judgment in Nakara
Case.
We
appeal to the 7th CPC to extend the above benefits to all
pre-1.1.2006 retirees with monetary benefit from 1.1.2006 to do them equal
justice. And that new benefits as 7th CPC too be made equally
applicable to present & past pensioners
8..Medical facilities:
To
ensure hassle free health care facility to Pensioners/family pensioners, Smart
Cards be issued irrespective of departments to all Pensioners and their
Dependents for cashless medical facilities across the country. These smart
cards should be valid in
•
all Govt. hospitals
•
all NABH accredited Multi Super Specialty hospitals across the country which
have been allotted land at
concessional rate or given any aid or concession by the Central or the State
govt.
•
all CGHS, RELHS & ECHS empanelled hospitals across the
country.
· Medical attendants.
Reimbursement bill for treatment both for hospitalization & No referral
should be insisted in case of medical emergencies. For the purpose of reference
for hospitalization & reimbursement of expenditure thereon in other than
emergency cases Doctors/Medical officers working in different Central/State
Govt. department dispensaries/health units should be recognized as Authorized
OPD can be made by respective departments.
The enjoyment of the
highest attainable standard of health is recognized as a fundamental right of
all workers in terms of Article 21 read with Article 39(c), 41, 43, 48A and all
related Articles as pronounced by the Supreme Court in Consumer
Education and Research Centre & Others vs Union of India (AIR
1995 Supreme Court 922) The Supreme court has held that the right to health to
a worker is an integral facet of meaningful right to life to have not only a
meaningful existence but also robust health and vigour. Therefore, the right to
health, medical aid to protect the health and vigour of a worker while in
service or post retirement is a fundamental right-to make life of a worker
meaningful and purposeful with dignity of person. Thus health care is
not only a welfare measure but is a Fundamental Right.
We
demand that, all the pensioners, irrespective of pre-retiral class and status,
be treated as same category of citizens and the same homogenous group. There
should be no class or category based discrimination and must be provided Health
care services at par with IAS and ex-Ministers.
9. Hospital
Regulatory Authority:
To
ensure that the hospitals do not avoid providing reasonable care to smart card
holders and other poor citizens, a Hospital Regulatory Authority should be
created to bring all NABH-accredited hospitals and NABL-accredited diagnostic
Labs under its constant monitoring of quality, rates for different procedures
& timely bill payments by Govt. agencies and Insurance companies. CGHS
rates be revised keeping in mind the workability and market conditions.
We
demand that a Hospital Regulatory Authority be constituted.
10.Fixed
Medical allowance (FMA):
As
is recorded in Para 5 of the minutes of Committee of Secretaries (COS) held on
15.04.2010 (Reference Cabinet Secretariat, Rashtrapati Bhavan No
502/2/3/2010-C.A.V Doc No. CD (C.A.V) 42/2010 Minutes of COS meeting dated
15.4.2010) which discussed enhancement of FMA: CGHS card estimates for serving
Personnel since estimates are not available separately for pensioners M/O
Health & Family Welfare had assessed the total cost per card p.a. in
2007-2008 = Rs 16435 i.e. Rs.1369 per month for OPD. Adding to its inflation
the figure today is well over Rs 2000/- PM. Ministry of Labour &
Employment, Govt. of India vide its letter no. G-25012/2/2011-SSI dated
07.06.2013 has already enhanced FMA to Rs 2000/- PM for EPFO beneficiaries.
Thus, to help elderly pensioners to look after their health, Adequate raise in
FMA will encourage a good number of pensioners to opt out of OPD facility which
will reduce overcrowding in hospitals. OPD through Insurance will cost much
more to the Govt. As such the proposal for raising Fixed Medical allowance to
Pensioners is fully justified and is financially viable.
We
demand that FMA for all C.G. Pensioners be raised to at least Rs 2000/- PM
without any distance restriction linking it to Dearness Relief for automatic
further increase. We further demand that FMA be exempted from INCOME TAX: Fixed Medical Allowance
(FMA) is a compensatory allowance to reimburse the medical expenses. As Medical
Reimbursement is not taxable, FMA should also be exempted from Income Tax.
11.Grievance
redressal Mechanism:
Pensioners/Family
Pensioners are exploited, harassed and humiliated by their own counterparts in
chair, who at the sight of an old person adopt a wooden face and indifferent
attitude. Pensioners do not have representation even in Forums & Committees
wherein pension policies and connected matters are discussed. The forum of
Pension Adalat too is not of much avail as it meets only once a year which is
too long a period for an elderly nearer to his end. Moreover, these Adalats
deal with settlement claims only. SCOVA too meets only twice a year for about 3
hours at occasion. Moreover, the scope of SCOVA is limited to feedback on
Government policies. DOP (P&PW) is perceived as a toothless authority which
lacks direct Service Delivery Capability. It has been striving over
the years to redress the Pensioners’ grievances through the ‘Sevottam’ model of
the Department of Administrative Reforms & Public grievances; in the
absence of strict timeline with punitive clause it is, however, proving to be a
failure. Grievances are either not resolved for years or closed arbitrarily
without resolving.
We
therefore, appeal that for resolving Pensioners complaints of all pensioners,
(i)
A strict time line with punitive clause be introduced in “Sevottam model”
(ii)
Grievances are not allowed to be closed without resolving.
(iii)
SCOVA be upgraded to JCM level covering all Pensioners by introducing
suitable legislative amendment if required.
(iv)
As recommended vide Vth CPC report Vol III para 141.30 Pensioners’
representatives should be included in various committees & other For a of
Govt where issues relating to the welfare of pensioners are likely to be
discussed &debated
Er.S.C.Maheshwari
Secy
Genl
Bharat
Pensioners Samaj
Source : http://scm-bps.blogspot.in/2014/03/main-demands-for-inclusion-in.html
