RSCWS - Fixing of Minimum of Revised pension of Pre-2006 Pensioners

Fixing of Minimum of Revised pension of Pre-2006 Pensioners – RSCWS

Revision of Pension of Pre 2006 Pensioners – Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

No.RSCWS/HO/CHD/ Memo/2018-5

Dated: 21/05/2018

Hon. Minister of Finance, Govt. of India,

North Block, New Delhi-110001

Subject: Revision of Pension of Pre 2006 Pensioners – Reg: Benefit of Upgraded/Merged Posts by 6th CPC for fixing of Minimum of Revised pension of Pre-2006 Pensioners

Reference:- i) Resolution of GOI No. 38/37/08-P&PW (A) dated 29-8-08 & OM Dated 1-9-08,

ii) Para 5 of DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 11-2-2009 – (which has been quashed by various Courts but not withdrawn by the DOP&PW)

iii) DOP&PW O.M. F.No. 38/37/08-P&PW (A) dated 30-7-2015

Dear Sir,

We seek your benign intervention in the following matter of serious injustice with a section of Pre-2006 Central Government Pensioners:

1. Sixth Pay Commission had Merged and upgraded some posts keeping in view their duties & responsibilities. The recommendations of the Sixth CPC were accepted by the Government vide Resolution of the Government Notified on 29-8-2008 and orders were issued thereon vide DOPT & DOPPW vide OMs dated 1-9-2008.

2. DOP&PW subsequently modified these orders vide O.M. File No. 38/37/08-P&PW (A) dated 11-2-2009 and ordered that the benefit of upgrading of posts by Sixth Pay Commission shall not be given for the fixation of Revised Pension of Pre-2006 Pensioners.

3. Above cited orders of DOP&PW (dated 11-2-2009) had been quashed by the various Courts including the Apex Court, which inter-alia directed that “The fixation (of Pension) … will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired.” DOP&PW issued the orders thereon vide OM dated 1-9-2008.

4. DOP&PW vide OM No.38/37/08-P&PW(A) Dated 30th July, 2015, in compliance with the judicial pronouncements, had decided that the pension/family pension of all pre-2006 pensioners/family pensioners may be revised in accordance with this Department’s OM No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006.

5. Para 5 of DOPPW OM dated 11-2-2009 had specifically been quashed by various Courts –including the High Court of New Delhi in WP(C) 3035/2016 dated 3-8-2016 in Ram Phal-vs-Union of India & Ors and CAT Bangalore in CP 237/2015 in OA 231/2013 (Parthasarthy-Vs-Union of India).

6. High Court of Kerala at Ernakulam had held as under in OP (CAT).No. 169 of 2015 (Z) in its judgment dated 18th January, 2016 UNION OF INDIA vs N.R.PURUSHOTHAMAN PILLAI:

“The resultant position that emerges from the pronouncement of the Central Administrative Tribunal as well as the different High Courts and the Apex Court is that, computation of pension in the matter of implementation of the 6th Pay Commission Report has to be at 50% of the pay scale with respect to the scale of pay applicable to the post in question and not to the corresponding scale of pay to the one at which the incumbent has retired.”

7. Regrettably the benefit of upgrading of posts was still not given to the Pre-2006 Pensioners in spite of the above cited judgments of various Courts. The benefit of the Court judgments on this had been restricted only to the Petitioners and not to other similarly placed Pre-2006 Pensioners.

8. This is totally discriminatory and violates Article 14 of the Constitution as well as under the settled law that the decisions taken in one specific case either by the Judiciary or the Govt. should be applied to all other similar cases without forcing the other employees or pensioners to approach the court of law for an identical remedy or relief.

9. Delhi High Court in W.P.(C) 8012/2013 had held that “policy decision of the Government in the OM dated September 01, 2008 to fix pension for all categories of pensioners did not classify post of pre January 01, 2006 retirees and all were entitled to pension as per a common formula”

10. It is, therefore, requested that Pre-2006 Pensioners be given the benefit of upgraded Pay Band and Grade Pay of the post from which they retired so that minimum pension be not lower than 50% of the pay in the revised pay band plus the grade pay corresponding to the post from which the pensioner retired – as per DOPPW OM dated 30-7-2015.

Yours faithfully,

(Harchandan Singh)

Secretary General, RSCWS

Source: www.rscws.com

Railway Board - Treatment of Railway medical beneficiaries at Tata Memorial Centre Mumbai

Treatment of Railway medical beneficiaries at Tata Memorial Centre Mumbai

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

RAILWAY BOARD

No. 2014/H/15/I/AIRF

New Delhi, dated 27.04.2018

General Manager(s)

All Indian Railways,

(facluding PUs and RDSO)

Sub: Treatment of Railway medical beneficiaries at Tata Memorial Centre Mumbai – Reg.

M/s Tata Memorial Centre Mumbai has been accorded permanent recognition for cancer treatment of Railway medical beneficiaries. Such beneficiaries are referred to Tata Memorial Centre through Central/Western Railways. In many cases, it is noted that when cancer patients from zones other than Central and Western Railways are referred to Tata Memorial Centre Mumbai, they have to go back to parent zones for getting approval of expenses if the amount of advance to be sanctioned for treatment exceeds certain limit. Such situations put unnecessary hardship to Railway medical beneficiaries who have to run from Mumbai to their parent zones located at far-off places for getting necessary approvals. In view of this, the issue of providing a permanent relief in such situations has been under consideration of Railway Board for sometime.

After careful consideration in the matter, it has now been decided that the proposals for sanction of advance in favour of Tata Memorial Centre Mumbai in cases of Railway medical beneficiaries from all zones who have initially been referred to TMH/Mumbai by Central/Western Railway and have been recommended Bone Marrow Transplant (MBT) by TMH/Mumbai, will be processed and advance sanctioned with the approval of Competent Authorities of Central/Western Railways through whom the patient has been referred to the hospital. After sanction, Central/Western Railway will raise debit to the concerned zone which that zone would be bound to accept. The sanction of advance amount will be limited to the financial limit contained in PGI/Chandigarh letter dated 28.10.2016 (copy enclosed) or subsequent instruction on the subject of BMT issued by CGHS. Also, before sanction of medical advance, an undertaking may be obtained from railway medical beneficiary to the effect that charges incurred on treatment beyond the prescribed financial limit for BMT procedure will be borne by him/her and no reimbursement claim to the effect will be preferred.

This issues with the approval of Finance Directorate in the Ministry of Railways.

sd/-

(R.S.Shukla)

Joint Director/Health

Railway Board

Source: http://www.rscws.com

Entitlement of Hospital Wards for Railway Medical beneficiaries

Entitlement of Hospital Wards for Railway Medical beneficiaries

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

RAILWAY BOARD

No. 2016-H-1/11/69/Hospital Recognition

New Delhi, Dated 08.05.2018

The General Managers,

All Indian Railways & Production Units.

Sub: Entitlement of Hospital Wards for Railway Medical beneficiaries in Railway empanelled Hospitals.

The issue of revision of entitlement of wards in railway empanelled hospitals for railway medical beneficiaries as contained in para 5 of Memorandum of Understanding (MOU) circulated as an annexure to Board’s letter of even number dated 23.12.2016 has been under consideration of this Ministry.

2.Keeping in view the guidelines circulated by M/o Health & Family Welfare pursuant to acceptance of 7th Central Pay Commission (CPC), the matter has been examined in consultation with Finance Directorate of this Ministry and it has been decided that revised criteria for entitlement of wards in railway empanelled hospital for railway medical beneficiaries will be as under:

S.No.	Corresponding basic pay drawn by the office in 7th CPC Per month	Entitlement
1	Upto Rs. 47,600/-	General ward
2	Rs.47,601/- to Rs. 63,100	Semi-private ward
3	Rs.63,101/- and above	Private ward

3. This issues with the concurrent of the Finance Directorate of the Ministry of Railways (RailwaY Board).

(This disposes of Southern Railway’s letter No. MD.34/I/Referral Hospital dated 21.02.2018)

sd/-

(Mrs.H.K. Sanhotra)

Joint Director-II/ Health Railway Board

New Delhi, dated 08.05.2018

Source: http://www.rscws.com

New Step Of E-Pension Payment Order

E-Pension Payment Order: New Step in the Right Direction

Furthering the Digital India-initiatives of Govt. of India, Principal Controller of Defence Accounts(Pensions), Allahabad has startedissuance of electronic-Pension Payment Orders (e-PPOs) to the pensioners along with their Pension Disbursement Agencies viz., Banks, Defence Pension Disbursement Offices, Post Offices, etc. What began in the first phase, for all Commissioned Officers and JCOs/ORs of Armed Forces from the month of October 2017, has now been extended to all defence pensioners including defence civilians.

Principal Controller of Defence Accounts (Pensions), Allahabad is the sole agency under Ministry of Defence which sanctions Pensions for the Defence Services viz., Army, Coast Guard, Defence Research and Development Organization,General Reserve Engineer Force, Border Roads Organization, Military Engineering Services and other Defence organisations including Defence Account Department and Defence Civilians.

The shift from manual system to e-PPO system is expected to minimize delays in pension disbursement and further revision as and when needed. This initiative also eliminates the occurrence of human errors in data entry at multiple levels.

The next big step in this direction would be digitizing pension documents received from 46 record offices and more than 2900 Heads of Offices. This initiative by PCDA (P) will facilitate better implementation of OROP.

Source : PIB

NC JCM Staff Side - Merged Pay Scale of 5000, 5500 and 6500 with 4200 GP

Merged Pay Scale of 5000, 5500 and 6500 with 4200 GP – NC JCM Staff Side

Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order – reg.

Shiva Gopal Mishra

Secretary

Ph.: 23382286

National Council (Staff Side)

Joint Consultative Machinary

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

E Mail : nc.jcm.np@gmail.com

No. NC-JCM-2018/Fin.(Ano)

April 23, 2018

Joint Secretary (Pers)

Department of Expenditure

Ministry of Finance

North Block,

New Delhi – 110 001.

Subject : Fixation of pay in the merged Pay Scale of Rs.5000-8000 and Rs.5500-9000 with Rs.6500-10500 (5th CPC) in 6th CPC Pay Band-2 + Grade Pay Rs.4200/-

Reference: Item No. 1, 2, 3 and 4 of the Minutes of the National Anomaly Committee held on 17th July, 2012 circulated vide DOP&T OM F.No. 11/2/2008-JCA dated 13th September, 2012.

Sir,

Kindly refer to Para No. 8.1 of the Minutes of the Meeting of the 6 th CPC National Anomaly Committee held on 17th July, 2012. This is with regard to Item No. 1, 2, 3 and 4 i.e. fixation of pay in revised Pay Scale. The Staff Side in the meeting has reiterated their demand that the pay in the incumbents holding the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 should have been fixed by applying the multiplication factor of 1.86 at Rs. 6500 w.e.f. 01.01.2006 implying thereby that the commencement point of the Pay Band-2 should be at Rs. 12090/- based on 6500 x 1.863 = 12090 instead of Rs. 9300/- computed by multiplying Rs. 5000 x 1.86. The Official Side has rejected the demand of the Staff Side and after discussion it was decided that on this issue a disagreement may have to be recorded for referring the same to arbitration. Even though it is more than 5 years after the above decision we are not aware that what action has been taken to implement the decision taken in the National Anomaly Committee Meeting.

In this situation the affected Central Government Employees working in different Ministries have approached Court of Law for getting justice. Recently the CAT Ernakulum Bench in its Order OA No. 180/00569/2014 delivered on 03rd of April, 2018 has upheld the demand of the Staff Side and has given the following direction to the Government of India. The relevant portion of the Judgment is given below for your kind information.

14. It has to be borne in mind that CCS (RP) Rules, 2008 is a Rule notified under the proviso to Article 309 of the Constitution of India made by the President and hence it has a statutory status in the eye of law. Therefore, any interpretation of the provisions in the said Rules has to be in terms of the Rules itself. Any O.M. issued by way of clarification, explanation or prescribing the modalities for fixation of initial pay of the Government Employees as per the revised pay structure can be only in terms of what is stated in the Rules.

15. As observed above, going by the definitions of the terms ‘existing basic pay’ and ‘existing scale’ in the CDS (RP) Rules, 2008, Rule 7 fixation can be only in accordance with the afore-mentioned definitions of ‘existing basic pay’ and ‘existing scale’ only and not by way of administrative O.Ms and instructions contained in Annexure A-1 and Annexure A-2 communications. Therefore, we are inclined to quash and set aside Annexure A-1 and Annexure A-2 communications. We do so. We hold that the applicants are entitled to the declaration as prayed for and that the respondents should be directed to fix the initial pay of the applicants including all the members of Applicant No. 1 association in the revised pay structure by fixing their salary in the revised pay scale of Rs. 6500-10500 treating Rs. 6500/- as the existing basic pay as on 01.01.2006 with all consequential benefits. We order accordingly. This order shall be complied within 3 months from the date of receipt of copy of this order.”

In view of the above Judgement it is requested that without further prolonging the matter the above Judgment may be implemented by issuing a general instructions extending the benefit to all the similarly place Employees.

Awaiting for your favourable response please.

Thanking you,

Yours Faithfully,

(Shiva Gopal Mishra)

Secretary

Source: Confederation

CGHS Orders - Relaxation Of Rules For Consideration Of Reimbursement In Excess Of The Approved Rates Pertaining To Medical Claims

Relaxation of Rules for consideration of reimbursement in excess of the approved rates pertaining to medical claims – CGHS Orders

Government of India

Ministry of Health and Family Welfare

Department of Health & Family Welfare

EHS Section

No.Z.15025/38/2018/DIR/CGHS/EHS

Nirman Bhawan, New Delhi

Dated the 22nd May, 2018

OFFICE MEMORANDUM

Subject: – Relaxation of Rules for consideration of reimbursement in excess of the approved rates pertaining to medical claims

With reference to the above mentioned subject the undersigned is directed to draw attention to the Office Memorandum No. 4-18/2005- C&P [Vo]. l-Pt (1)], dated the 20th February 2009 and to state that it has now been decided to modify the Para 3 (2) of the above referred Office Memorandum as per the details given under the succeeding paragraphs.

a) The requests for full reimbursement which fall under the following defined criteria shall be examined by Directorate General of CGHS and submitted to AS&DG (CGHS) for consideration of approval. After the recommendation of AS&DG (CGHS), the concurrence of Internal Finance Division and approval of Secretary, Ministry of Health & Family Welfare are required for reimbursement in excess of CGHS rates:

1) Treatment was obtained in a private unrecognized hospital under emergency and the patient was admitted by others when the beneficiary was unconscious or severely incapacitated and was hospitalized for a prolonged period.

2) Treatment was obtained in a private unrecognized hospital under emergency and was admitted for prolonged period for treatment of Head Injury, Coma , Septicemia, Multi-organ failure , etc.

3) Treatment was obtained in a private unrecognized hospital under emergency for treatment of advanced malignancy

4) Treatment was taken under emergency in higher type of accommodation as rooms as per his/her entitlement are not available during that period.

5) Treatment was taken in higher type of accommodation under specific conditions for isolation of patients to avoid contacting infections

6) Treatment was obtained in a private unrecognized hospital under emergency when there is a strike in Govt. hospitals.

7) Treatment was obtained in a private unrecognized hospital under emergency while on official tour to non-CGHS covered area.

b) The requests from CGHS beneficiaries. having a valid CGHS Card at the time of treatment, in respect of the following conditions shall be considered by a High Powered Committee constituted by Ministry of Health & Family Welfare:

(i) Settlement of medical claims in relaxation of rules

(ii) Approval for air-fare with or without attendant on the advice of treating doctor for treatment in another city even though he/she is not eligible for air travel treatment facilities are available in city of residence

(iii) Representations from CGHS beneficiaries seeking full reimbursements under special Circumstances, which are not notified.

c) The other terms and conditions mentioned in the OM No. 4-18/2005- C&P[Vol. l-Pt(1)] dated the 20 February 2009 shall remain unchanged.

sd/-

(Rajeev Attri)

Under Secretary to Government of India

Authority: www.cghs.gov.in

CBSE - CTET On 16TH September,2018

CBSE to conduct Central Teacher Eligibility Test on 16th September, 2018

Ministry of Human Resource Development

CBSE to conduct Central Teacher Eligibility Test (CTET) on 16th September, 2018 in 92 cities across the country

The Central Board of Secondary Education will be conducting the 11th edition of Central Teacher Eligibility Test (CTET) on 16/09/2018 (Sunday). The test will be conducted in 92 cities all over the country. The detailed Information Bulletin containing details of examination, syllabus, eligibility criteria, examination fee, examination cities and important dates will be available on CTET official website www.ctet.nic.in w.e.f. 12/06/2018 (Tuesday). The aspiring candidates are requested to download the Information Bulletin from above mentioned website only and read the same carefully before applying. The aspiring candidates have to apply online only through CTET website www.ctet.nic.in. The online application process will start from 22/06/2018 (Friday) onwards. The last date for submitting online application is 19/07/2018 (Thursday) and fee can be paid upto 21-07-2018 (Saturday) before 3.30.p.m.

AICPIN For April 2018

Expected DA July 2018 – AICPIN for April 2018

Consumer Price Index for Industrial Workers (CPI-IW) — April, 2018

The All-India CPI-IW for April, 2018 increased by 1 point and pegged at 288 (two hundred and eighty eight). On I-month percentage change, it increased by (+) 0.35 per .cent between March, 201,8 and April, 2018 when compared with the increase of (+) 0.73 per cent between the corresponding months of-previous year.

The next issue of CPI-IW for the month of May, 2018 will be released on Friday, 29th June, 2018. The same will also be available on the office website www.labourbureaunew.gov.in.