Bharat
Central Pensioners Confederation
13-C, Ferozshah Road, New Delhi - 110001
13-C, Ferozshah Road, New Delhi - 110001
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S.C. Maheshwari
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S.K.Vyas
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Chairman
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Secretary General
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0-9868862322
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09868244035
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June 28, 2014
To
The Chairman,
VII CPC,
New Delhi
Sub:- Memorandum on Pension and others Pensionery benefits.
VII CPC,
New Delhi
Sub:- Memorandum on Pension and others Pensionery benefits.
Sir,
The
Bharat Central Pensioners Confederation is apex organisation of all
Organisations of Pensioners in the country. On behalf of all Pensioners
Organisations the BCPC is submitting a memorandum on Pensions etc for
consideration by the Commission.
We
request you kindly to give us some time on any date convenient to the Commission
to explain this memorandum to the Commission.
Thanking you,
Yours
faithfully,
(S.K.Vyas)
Secretary General
(S.K.Vyas)
Secretary General
MEMORANDUM ON PENSION AND
OTHER RETIREMENT BENEFITS
CHAPTER – I
Introduction
The Government of India, Ministry of Finance, Department
of Expenditure, Resolution No.1/1/2013-EIII(A) dated 28th February, 2014 in its
Para 2(f) has included the following terms of reference of the 7th Central Pay
Commission:
“(f) To examine the principles which should govern the
structure of Pension and other retirement benefits, including revision of
pension in the case of employees who were retired prior to the date of these
recommendations, keeping in view that the retirement benefits of all Central
Government employees appointed on and after 01.01.2004 are covered by the New
Pension Scheme (NPS).”
1.2 The principles that should govern the structure of
pension etc have to be evolved taking into account the relevant constitutional
provisions as well as judicial pronouncements by the Supreme Court of India in
this regard.
1.3 Article 366(17) of the Constitution of the Country
defines pension as under:
“ Pension: Pension means a pension whether
contributory or not, of any kind whatsoever payable to or in respect of any
person and includes retired pay so payable; a gratuity so payable and any sum
or sums so payable by way of the return, with or without interest thereon or
any other addition thereto, of subscription to a Provident Fund.” From this
what is to be inferred is that the gratuity as well as commutation are also
part of the pension as a whole. These are also to be treated as pensionery
benefits.
1.4 The IV CPC went into the conceptual question of
pension in detail. Some of the observations contained in their report are
relevant in understanding the purport in the background in which the Central
Government employees are placed today. This is reproduced below:-
“Para 2.13: Part II: The concept of “pension” however
old in its origin, had the latent and real desire to provide for an eventuality
– known and unknown. The known eventuality was old age and probable reduction
in earning power, while the unknown eventuality was disability by disease or
accident or death. Its real purpose was security, Even though the beginning was
oblique, indiscernible and faint, but the germ of an effort to provide security
ran through the provision and it is natural that it should have grown and
flowered with the development of human understanding and desire to look after
and provide for those who deserved it for man has constantly been seeking means
by which to enhance his economic security. But the extension of the pension
provision from military service to civilian public employment, resulted largely
from consideration for the employees and the pressure of their organisations.
Some benevolent employer goes to the extent of regarding pensions as an
absolutely indispensable complement of wages – a terminal benefit. That,
however, is apart from another aspect bearing on pension – the social aspect.
The demographic structure of the population is changing because of the greater
expectation of life. Thus, those who are now in middle age are going to be
nearly twice as big an economic burden to their children as their parents are
to them. The problem in such cases, has been tackled as a social obligation,
including social insurance for citizens generally.”
“Para 2.17: In the very nature of things, every
employee, who lives long enough, reaches a stage of diminished outturn of work
or what may generally be called nonproductive years. That may, speaking
generally again, be set to be the responsibility
of his employer for whom he has spent the best years
of his life. In a welfare state that may also be set to be the responsibility
of the Government (where he is not in his employment) and, in more modern
society, it may also be set to be the responsibility of the individual. So all
three namely, the employer, the Government and the employee or one or the other
of them, may be expected to contribute towards the pension according to the
social or administrative set up of the country or society where the individual
undertakes the service but the one common feature and object of pension is to
provide for the old age of the employee for the simple reason that time has
eroded his capacity to earn and he is unable to provide for himself. In a
country like ours, where we have solemnly resolved to constitute it into a
“Socialist” Republic and to secure to us all social and economic justice
(Preamble), it behoves the Government to take care of its employees by
providing terminal benefit like retirement pension when they become entitled to
them. We may refer to the directive principle of the State Policy enshrined in
Article 39 (a) of the Constitution that the State shall in particular direct
its policy towards securing that the citizens have the right to an “adequate
means of livelihood” ….. If, such a citizen is an employee of the State, is it
out of ordinary, and not as of a Constitutional directive, that the State
should appreciate its duty to provide for him by means of a pension and/or
other terminal benefits? (emphasis added) …. The concept of pension, therefore
carries within it the germ of certainty, periodicity, and “adequacy”. ……. Ours
is a Socialist State and the fundamental aim of Social security is to give
individuals and families the confidence that their level of living and quality
of life will not, in so far as, be greatly eroded by any social or economic
eventuality, including the age of superannuation or oncoming disability”
1.5 The concept of pension has been explained more
precisely in the Encyclopaedia of Social Sciences, Vol.11 as under:
“administrators and civic leaders interested in the
improvement of Government services formulated the idea of pension as an
efficiency device necessary for the orderly and humane elimination of
superannuated and disabled employees no longer able to function
efficiently for the proper operation of the system of promotions, for the
attraction of better type of employees and for the improvement of working
morale”
1.6 On the doctrinal approach the Encyclopaedia
further states that:
“ A doctrine recently advanced and more far reaching
in its implications regard the Public Service as the logical pioneer in the
meeting of the old age problem as it affects wage earner in modern society.
This doctrine considers a pension as a compensation paid to the employee for
the gradual destruction of his wage earning capacity in the course of his work.
Retirement being a proper charge against the employees, entire period of active
service, the employer should make contribution towards the employees eventual
retirement during each year of service of the employee, in a manner similar to
that in which he annually sets aside a reserve against depreciation and obsolescence
of his plant and machinery. Pensions, according to this doctrine, are an
absolutely indispensable compliment of wages.”
1.7 In para 2.20 the IV Pay Commission has observed:
“but even though the Government service pension scheme
in our country is non-contributory, it has been contended again by way of
doctrinal approach, that this is not really so and that some allowance is made
for the missing contribution while determining the salaries”
1.8 The Supreme Court in their Landmark Judgment
(which has been approvingly quoted by the 5th CPC in D.S.Nakara and others Vs
Union of India (AIR 1983 SC 130) held that Pension is neither a bounty nor a
matter of grace depending upon the sweet will of the employer. It is not an
ex-gratia payment but payment for past services rendered. It is a social
welfare measure rendering socio economic justice to those who in the hey-days
of their life ceaselessly toiled for their employer on an assurance that in
their old age they would not be left in lurch. The 5th CPC paying due respect
to the above observation of the Honourable Apex Court in Para 127.6 of its
report has stated that the pension is the statutory, inalienable, legally
enforceable right of employees which has been earned by the sweat of their
brow.
As such the pension should be fixed, revised, modified
and changed in ways not entirely dissimilar to the salaries granted to serving
employees.
1.9 While examining the goals that a pension scheme
should seek to sub-serve, the Honourable Apex Court held that “a pension scheme
consistent with available resources must provide that the pensioner would be
able to live:
(i) free from want, with decency, independence and
self respect, and
(ii) at a standard equivalent at the pre retirement
level”
The Court observed that we owe it to the Pensioners
that they live, not merely exist.
1.10 From the above observation of the Supreme Court
it is clear that pension is payable by the employer i.e., the Central
Government to its retired employees which is their statutory and legally
enforceable right from which they cannot be deprived. That the amount of
pension must be enough to enable a pensioner to live free from want with
decency, independence, and self-respect and at a standard equivalent at the
pre-retirement level.
1.11 Keeping the above observations and principles and
judicial pronouncements in view, we submit below our suggestions for
restructuring the existing pensionery scheme in appropriate chapters. We have
made our submissions only in respect of issues where we want Commission to
consider improvements in the existing provisions.
CHAPTER – II
New Pension Scheme (NPS)
2.1 The contributory pension system brought in by the
GOI through their notification dated 22.12.2003, now renamed as National
Pension System under PFRDA Act, has been imposed on Government employees who
entered service on or after 1.1.2004.
2.2 This is an illegal act in as much as the Supreme
Court of India had held Pension as an enforceable inalienable fundamental
right. Therefore it should be scrapped or at least not made applicable to
Government employees. This has also divided the CG employees into two
categories and therefore it is discriminatory in respect of persons who have
entered service on or after 1.1.2004 who had been denied the statutory pension.
Any discriminatory scheme is illegal and ultravires of Article 14 of the
Constitution. On this count also the NPS cannot be made applicable to the
Government employees.
2.3 The Centre for Economic Studies and Policy,
Institute for Social & Economic Change, Bangalore in a Study of Terminal
Benefits of the Central Government Employees sponsored by the VI CPC had also
observed that Civil Services Pension is in the nature of a deferred wage. It is
well known that the principle guiding the pay package of civil servants is one
of intentionally spreading out the compensation over a long period of time,
thereby the wages paid out during the course of the work tenure is kept low by
design, and the pension payments made during the retirement phase compensate
for the low working wages.
2.4 The above mentioned study under the heading
“Arguments against pension reforms” states as follows:
“Deferred Wage: In the context of civil servant
pension payments, it is argued that, the principle guiding the fixation of pay
package is one of intentionally spreading out the compensation over a long
period of time, whereby the wages paid out during the course of work tenure is
kept low by design, and the pension payments made during the retirement phase
compensate for the low working wages. The Supreme Court of India held that
pension is neither a bounty nor a matter of grace depending upon the sweet will
of the employer. It is not an ex-gratia payment, but a payment for past
services rendered. It is a social welfare measure, rendering socio-economic
justice to those who in the heyday of their life ceaselessly toiled for the
employer on an assurance that in their old age, they would not be left in the
lurch.”
“Larry Williams observes “Actually, civil service
pensions, because they are not based on contributions, are best described as
deferred wages. Civil servants accept a lower current wage in exchange for the
promise of a pension in their old age. If this pension were contributory, they
would insist on a higher wage and government would have to either increase
taxes or borrow (issue debt) to pay it. The real cost of civil servants is thus
much higher than recorded under the current system of cash accounting. A good
reform would be to move to a system of accrual accounting setting up at least a
notional fund to pay these deferred wages” (Larry Wilmore, 2004)” “Public and
private sector pay differentials: A comparison of the public and private sector
wages reveals that while the public sector wages for the lower grades compares
well with that of the private sector, the salaries of the employees belonging
to the higher grades are highly unfavourable to the public sector employees.
The post-retirement benefits that the government employees are entitled to act
as some incentive to retain them in government sector.”
2.5 The above study had submitted the following
estimated pensionery outgo which tends to increase during the period from
2014-2038. It is only after 2043 that it starts declining and will be reduced
to zero only in 2088. The table is given below:
Table showing estimated pensionery outgo
|
Year
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Employee Pension
Payout (in Rs Crores)
|
Family Pension Pay out (in Rs.Crores)
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Total pension payout (in Rs.Crores)
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2004
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11300.69
|
2983.38
|
14284.07
|
|
2008
|
13532.84
|
3572.68
|
17105.52
|
|
2013
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16549.07
|
4368.94
|
20918.02
|
|
2018
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21862.54
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5771.79
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27634.33
|
|
2023
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27723.68
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7319.11
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35042.80
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2028
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34076.27
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8996.13
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43072.41
|
|
2033
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39321.68
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10381.01
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49702.69
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|
2038
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45164.50
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11923.41
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57087.90
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2043
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41747.23
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11021.30
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52768.53
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|
2048
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35011.92
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9243.18
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44255.10
|
|
2053
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25405.44
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6707.07
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32112.51
|
|
2058
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16303.15
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4304.07
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20607.22
|
|
2063
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8179.51
|
2159.39
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10838.90
|
|
2068
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3159.88
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834.19
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3994.07
|
|
2073
|
800.68
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211.34
|
1012.02
|
|
2078
|
110.26
|
29.17
|
139.43
|
|
2083
|
3.52
|
0.97
|
4.49
|
|
2088
|
0.00
|
0.00
|
0.00
|
2.6 The above study had also pointed out that
expenditure on pensions of civil servants of high income OECD countries on an
average is 2% of GDP (less than 1% in Ireland and more than 3.5% in Austria*)(*
Source: OECD Social Expenditure Database). But in the 8 South Asian countries
it is less than 1% of GDP (Source: World Bank Data base). However, in India
between 1964-65 and 2004-05 on an average pension payments (Civil Service
pension paid by Central Government) have constituted 0.51% share of GDP. The
Pension liability would continue to increase and reach 0.54% level by 2014-15
and remain at that level till 2024-25 after which they would decline as a
percentage of GDP according to the same study conducted by Dr.Gayatri at the
instance of VI CPC. These figures argue themselves in favour of continuation of
the Defined Benefit Pension Scheme for all Central Government employees instead
of throwing a section of them to market based NPS. According to 2011 census
62.8% are in the age group of 15 to 60 and only 8.2% are above the age of 60.
2.7 From the above projection it is very clear that
the benefit of NPS will commence only after 30 years i.e. in 2044. And during
the period it will increase exponentially as because in addition to the
Statutory pension liability the Government will be contributing to the NPS also
@ 10% of annual salary bill of the CG Employees who have entered service on or
after 1.1.2004.
2.8 The final conclusion of this study team has been
as under:
“Mainly given the fact that the future liability
although may be large in terms of the absolute size is not likely to last very
long and does not constitute an alarmingly big share of the GDP which is also
on the decline, it appears that pursuing the existing “Pay As you Go” to meet
the liability would be an ideal solution.”
2.9 Applying this conclusion we may suggest that the
NPS may not be made applicable to the Government employees and all those who
had been covered under NPS may be reverted back to statutory pension scheme.
The Government may be asked to study the experiences of this scheme in several
other countries in the world. In Chile such a scheme has been reversed as
because the return which the low paid employees got out of the annuity
purchased was not as good as 50% of LPD but as low as 20% of LPD. The UK Government
had to pay out of the exchequer large amount by way of subventions in order to
ensure that that annuities purchased yield 50% of LPD as pension. It is well
known that in USA where there were similar pension schemes dependent upon the
market had collapsed during the financial melt down from 2008 onwards. It is
estimated that more than 3.5 trillion $ worth of pension wealth was lost. The
workers not only lost their pension but also their jobs. Our respectful
submission is that taking into account the demographic considerations of India
which is a country of young do not need any such market oriented pension
scheme, particularly when the international experience is that such schemes had
failed and our country can afford to pay pension to civil servants which stands
at level of 1% of the GDP. We conclude by quoting the opinions of experts on
the future of market dependent pension Scheme.
Mr Joseph Stiglitz (Chief economic advisor to former
president of USA Bill Clinton, former vice-chairman and chief economic advisor,
World Bank, Nobel Prize winner, Professor of economics, Columbia university)
said that “Stock market does not guarantee returns. It does not even guarantee
that the stock values will keep up with inflation. Privatization would not
protect retirees against the social security systems insolvency. Argentina’s
privatization of its pension system was at the centre of its fiscal woes”.
Mr Dean Baker (Co-director for centre for economic and
policy research, Washington) said “Privatisation means that you would not have
a guaranteed benefit that you have today. It would depend on how will your
investments do or how well they have done at the point you retire. He quoted
the collapse of NASDAQ and Enron. In Britain, Insurance companies could not
honour their promises and the Government had to compensate with 8 billion
pounds”.
We have requested the PFRDA Authority to furnish
certain information on their working ( copy enclosed). On receipt of this
information we may make certain further submission for the consideration of the
Commission.
Chapter – III
Pension Entitlement
Emoluments for
Pension:
3.1 The entire income in form of basic pay, special
pay or personal pay if any, deputation duty allowance etc are the elements of
pay proper and therefore confining the emoluments to the basic pay as
recommended by the IV and V CPCs is arbitrary and therefore, is
only an addition to pay. In many countries there is no system of DA.
Periodically the Pay is revised / indexed taking into account the rise in cost
of living. Here also there is a system of merging the DA as DP for purposes of
pensionery benefits. In respect of gratuity already the DA is being included
with Pay and therefore there is no reason for excluding the DA from the
emoluments. We therefore suggest that the emoluments for the calculation of
pension should include:
(a) Basic Pay
(b) Any Special pay or personal pay, or deputation
duty allowance.
(c) Dearness Allowance
(d) Non-practicing allowance in respect of Doctors
(e) 75% of the running allowance in respect of Railway
Running Staff retired after
4.12.1988.
3.2 There are
persons who retire after having served for full year since their last
increment. The next increment which has already accrued to them is however not
added to their emoluments for purposes of computing pension and other
pensionary benefits. It is therefore submitted that the Commission may kindly
consider and recommend that if a person retire on the day he has completed 12
months of service since his last increment, the increment accrued to him may be
added notionally to his basic pay and then the pension computed.
3.3 The VI CPC has already recommended that the ten
monthly average emoluments or the last pay drawn, whichever is more beneficial,
should be the basis of computation of pension. We have therefore no further
suggestion to place before the Commission on this issue.
Qualifying service for pension:
3.4 Casual Labour / Contingent Paid Employees: At
present Casual labourers / Contingency paid employees are allowed to count
their service towards pension @ 50% of the total period falling between
acquiring the temporary status and regularization and full service thereafter.
The above benefit is also subject to further condition that such employees
should be regularized and absorbed against a regular post. The operation of
this condition is so harsh that there are many cases in which the entire
service rendered non pensionable because the employee may be retired /
retrenched / die before such regularization. We, therefore, propose that the
50% of service before acquiring temporary status and full service after
acquiring temporary status irrespective of whether he / she was regularized or
not should count towards pension. Similarly these employees have to remain for
long durations without any regularisation and are deprived many amenities which
a regular employee gets. Not to treat their service pensionable for a
considerable period leaves them with very meagre pension and in some cases with
no pension. This is against the principle of social justice and therefore our
above suggestion should be considered by the 7th CPC.
3.5 Pensionable service of Casual and GDS:
Recent judicial pronouncements have directed the Government to take into account
the date of entry in the service as a casual labourer or a temporary status
Majdoors etc into criterion and not the date of regularisation to determine as
to whether he or she is to be brought under the CCS (Pension) Rules, 1972 or
under the NPS. Therefore we propose that all casual labourers, Gramin Dak
Sewaks in the Department of Posts etc are to be brought under the Defined
Benefit Pension Scheme under the CCS (Pension) Rules, 1972 for grant of pension
on their regularisation in the services, even though they are getting
regularisation after 1.1.2004 because they should be treated as having entered
the services before 1.1.2004 as per the judgment of Court. We therefore propose
that entire service rendered as a casual labour irrespective of the fact whether
he was granted temporary status or ultimately regularised should be treated as
pensionable service and the service rendered as GDS in Department of Posts also
should be treated in the similar fashion.
3.6 Interruption causing forfeiture of service for
pension: The existing provisions defining interruptions in service causing
forfeiture of past service for purposes of pension are quite antiquated,
unnecessary and unreasonably harsh, which should be removed from the statue
book. In formative years when the British Authorities were recruiting Indians
in their Administrative Services, it was noticed that during sowing and
harvesting seasons, a large number of employees used to go back to the fields
without any regular leave etc. As a deterrent, the rules regarding interruption
in service had been legislated then. Since most of the employees have now lost
their rural roots, such frequent and recurring interruptions are no longer
there. Interruption as and when rarely caused is due to reason mostly beyond the
control of an employee. We therefore, propose that instead of treating
interruption to cause an automatic forfeiture of past service for pensions, it
should be dealt with under CCA Rules. The provision causing forfeiture of
service for pension purposes on account of interruption may, therefore, be
deleted.
3.7 Resignation as retirement: Resignation is tendered
by a Government Servant in varying circumstances. It is felt, therefore, that
resignation need not always result in forfeiture of past services (Rule 26 of
Pension Rules) and denial of Pension. An objective view is required to be taken
by the appointing authority in the case of all those who tender
resignation after completion of 20 years of service. Such resignation may be
treated as voluntary retirement and benefits extended accordingly. In this
connection we may cite the following decisions of the Judiciary:
(a) CAT Mumbai full bench OA No.1384/1985 decided on
8.7.1997
(b) CAT Ahmedabad OA No.498/2002 decided on 18.03.2004
(c) CAT Jabalpur O.S No.623.1991 decided on 13.10.1995
(d) Bombay High Court WP No.615/1996 and WP
No.2586/1997 decided on
28.02.2002
Even 5th CPC in Para 133.79 had recommended that
terminal gratuity at different rates be paid to those who resign after putting
in certain years of service and resignation after 20 years of service may be
treated as voluntary retirement and pension may be paid accordingly. We,
therefore, request the 7th CPC that the above recommendation may be reiterated.
3.8 There are certain employees who are in the
CPF Scheme but could not opt for the Pension Scheme in the year 1986. These are
mostly women employees employed in Atomic Energy Commission etc who could not
make up their mind as to whether they could render the requisite number of
service necessary for grant of full pension. In certain autonomous bodies while
options for Pension scheme have been obtained, this is not being granted. They
may now be allowed to revise their option. Our suggestion is that CPF / SRPF
retirees may be granted Minimum Pension.
3.9 The VI CPC has done away with the requirement of
33 years of qualifying service for full pension. They have said that full
pension may be granted to those who have the qualifying service of 20 years.
Therefore we have no further suggestion to place before the Commission on this
issue.
Rate of Pension:
3.10 We should keep in mind the observation of the
Apex Court that the pension scheme must provide so much that the pensioner
should be able to live:
(i) Free from want, with decency, independence and
self-respect, and
(ii) At a standard equivalent at the pre-retirement
level.
(The Court had further observed that we owe it to the
pensioners that they live;
not merely
exist.)
3.11 Therefore taking into account that on
superannuation an employee is left with a two unit family generally and
therefore if he is to be enabled to maintain a standard equivalent to the
pre-retirement level, the rate of pension should be 67% of the last pay drawn.
We therefore suggest that full pension should be at the rate of 67% of Last Pay
Drawn or 10 months average emoluments, whichever is more beneficial.
3.12. It is pertinent to point out that several
countries in the world pay higher rate of pension to their civilian pensioners.
France is paying 75% of last six months average emoluments as pension; Belgium
is paying 75% of last five years average as pension; Cyprus is paying 67% of
final salary as pension; Malta is paying 80% of average of best 15 years wages
as pension; Our neighbour Sri Lanka which is also in the lower middle income
group of countries like India in South Asia, is having a scheme called “Public
Servants Pension Scheme (Defined Benefit Scheme) established in 1901, as a
mandatory scheme financed by the Government budget is paying 85% to 90% (for 30
years of service) of last one year annual salary at retirement as pension
(Source: Sri Lanka Pension Department Circular No.3/2004 dated 16.01.2004); The
life expectancy in Sri Lanka at 60 is 20.2% which is 3.5% higher than India.
3.13 In Pakistan which is another neighbour and
remains in the same lower middle income group of countries is calculating
pension on the following formula:
“Number of years of service X Last Basic Pay X 7 and
divided by 300. If an employee has served 35 years of service and received last
basic pay as Rs.10,000/- then that employee shall get a pension of 8.167/-
(i.e., 81.67%).
3.14 In Bangladesh the retirement age is 57. The life
expectancy at 60 in Bangladesh is 17.9 which is same as in India. This country
also remains in lower middle income group of countries like India. But
Bangladesh pays 80% of last pay as pension. In the war devastated country of
Afghanistan,, pension is calculated on last 36 months average; for each year it
is 2% and a maximum of 80% is given as pension in that country.
3.15 From the above comparison with some of the world
countries of both European as well as our own South Asian countries, it is
clear that all those countries are paying better percentage of pay as
pension to their Civilian employees. India appears to be one of the less
pension paying country despite its image of one of the faster developing
economies in the world. We therefore suggest that the basic pension to be
determined should be 67% at least on the basis of the last pay drawn or the 10
months average emoluments, whichever is more beneficial to employee subject to
the condition that the pension so determined shall not be less than the minimum
of the pay scale of the post held by him at the time of his retirement.
Additional Pension
3.16 It has already been well recognised that as the
age after superannuation further advances, not only the pensioner becomes weak
in limbs but also becomes more susceptible to various geriatric diseases. He
will have to incur additional expenses for his upkeep. There are also the
social obligations and increased expenses on medical treatment etc.
3.17 The Government of India has accepted and
implemented the 6th CPC recommendation of age-related additional pension beyond
the age of 80. However the 6th CPC did not recommend any addition to the
pension for a period of 20 years after superannuation at the age of 60. Their
argument was that every pensioner gets increase in his / her pension after 15
years when the commutated portion of his pension is restored. This is not
at all a valid ground. Even during these 15 years the Dearness Relief is
calculated on his gross pension and not on his net pension after commutation
and he earns interest on commuted value of pension. Therefore there is no
increase in pension on account of restoration of commuted pension after 15
years.
3.18 In our opinion this needs certain revision.
According to SSO survey (2007- 08) 7.5% population only is above the age of 60.
Naturally this may reflect among the pensioners also. Life expectancy at 60 is
only 17.9 and at 70 it is only 11.8 (Source: Sample Registration System O/o the
Registrar General India). This means a Government servant is receiving pension
for 18 to 22 years. In the age group of 60 to 79, in Rural areas 5% and in
Urban areas 5.5% is confined to bed. In the same age group 22.4% in Rural areas
and 20.2% in Urban areas is confined to home due to physical immobility
(Source: National Sample Survey, 60th Round, 2004). After retirement, their
income from pension is nearly 1/3rd of their gross salary at the time of
retirement. But they have to spend more on medical care. This age-group
therefore also needs some relief by way of additional pension. Incidentally
Afghanistan which is one of the low income countries in Asia, is having a
retirement age of 65 with a formula of grant of additional pension at the rate
of 3% for each year after 65 years of age and the maximum 80% additional
pension is paid.
3.19 Therefore we seek the 7th CPC to consider
addition to the pension after granting 67% of last pay drawn (LPD) / Average of
emoluments as full pension on superannuation at 60 years of age as under,
because of prevailing life expectancy of Indian Citizen Age is 69.6 (assessed
during the year 2011-15) and the old pensioner who is also considered to be
senior citizen has to wait for a period of twenty years on his retirement to
get an increase at his age of 80 maintaining his health from disease burden.
On attaining Age
of
Pension
admissible;
65 Years
70% of L.P.D.
70 Years
75% of
LPD
75 Years
80% of LPD
80 Years
85% of LPD
85 Years
90% of LPD.
90 Years
100% of LPD
Note: L.P.D= Last Pay drawn or ten monthly average of
the pay drawn whichever is more beneficial.
Minimum Pension
3.20 Though the concept of minimum pension and the
method of computing it have not been explained by any of the pay commissions or
the Government, it is clear that the Minimum Pension is 50% of the Minimum
Wage. The rationale behind the percentage has nowhere been explained. We
however think that in order to ensure that it is adequate, 100% of the minimum
wage should be the Minimum Pension. The very concept of Need Based Minimum Wage
is that this is a level of wage below which a worker’s family cannot subsist /
survive and remain capable to perform. That being the concept of minimum wage,
it should also apply in the case of Minimum Pension on the premise that any
pension lower than the Minimum pay is insufficient to enable a pensioner /
family pensioner to live or survive.
Dearness Compensation
3.21 We have no suggestions for improvement of this
issue except that Pensioners may be paid the same dearness compensation viz.,
at the same rate as it is being paid to the serving employees. It should be
periodically merged with the basic pension so that deficiency in the 100%
neutralization in the cost of living is partially compensated.
Merger of Dearness Relief with Basic Pension
3.22 As on 01.01.2014, the Dearness Relief
compensation stands at 100%. The suggestion for merger of DR to partially
compensate the erosion in the real pension was first suggested by the Gadgil
Committee in the post 2nd Central Pay Commission period. The 3rd CPC had
recommended such merger when the cost of Living Index crossed over 272 points
i.e. 72 points over and above the base index adopted for the pension revision.
In other words, the recommendation of the 3rd CPC was to merge
the Dearness Relief when it crossed 36%. The Government in the National Council
JCM at the time of negotiation initially agreed to merge 60 % Dearness Relief
and later the whole of the DR before the 4th CPC was set up. The 5th CPC merged
98% of DR with pension.
3.23 The methodology adopted for compensating the
erosion in the real value of pension in the interregnum period had always been
through the mechanism of merger of a portion of Dearness Relief. The 5th CPC
had recommended that the Dearness Relief must be merged with basic pension as
and when the percentage of Dearness compensation exceeds 50% accordingly even
before the setting up the 6th CPC the Dearness Relief to the
extent of 50% was merged with pension.
3.24 It was totally ironic to note that deviating from
all other Pay Commissions, the 6th CPC had made a reversal and recommended that
no Dearness Allowance / Dearness Relief should be merged with the Basic Pay of
employees / Basic Pension of Pensioners. The recommendation had dealt a severe
blow below the belt as this recommendation denied everyone from having any
cushion against the erosion caused in the real value of pension in between two
pay commissions. Had the recommendation of V CPC been continued, there would
have been two automatic mergers of Dearness Relief by this time as V CPC recommended
such a merger automatically whenever the dearness relief index crosses 50%
mark.
3.25 The Central Government also taking undue
advantage out of the recommendations in the name of 6th CPC has been stiffly
denying any such merger of DA/ DR. This issue requires course correction and we
suggest that the 7th CPC should recommend for automatic merger of DA / DR as
and when the index crosses the 50% mark and before setting up another Pay
Commission entire DA should be merged with pay as was done by the V-CPC.
The submission made in Staff Side Memorandum on this
issue are reiterated with a request that the commission may submit
a interim report recommending that 100% of DR may be merged with the basic pay
w.e.f. 1.1.2014
Grant of Interim Relief
3.26 In Memorandum submitted by and on behalf of Staff
Side of National Council (JCM) on the above issue, 25% of basic pension as
Interim Relief for Pensioners and G D S of Postal Department has been demanded.
VII CPC may consider this demand and give an Interim Report to the
Government recommending that 25% of basic pension may be granted to all
pensioners w.e.f. September 2013 when the Government had announced the seting
up of 7thCentral Pay Commission.
Periodical Revision of Pensionery benefits
3.27 We submit that there should be a system of
periodical revision of pay / pension structure in Public Sector. It takes place
after every five years. Pay and Pension structure of Central Government
employees should also be revised after every five years. Present wage structure
is based upon minimum which is lower than Need based Minimum only through
periodical revision it may be attaining the fair wage and finally to living
wage standard. Under Article 43 of the Constitution, State has to endeavour to
secure living wage to all workers. And this is possible over a period of time.
It is on these considerations that revision of wage / pension has to be done
every five year till the living wage standard is achieved.
CHAPTER – IV
Parity Between Past And Future Pensioners
4.1 The Government have recently announced that “One
Rank One Pension” shall be implemented in respect of Armed Forces so that the
glaring disparity between the persons of equivalent rank and status do not draw
vastly unequal pensions if they retire at different point of time, is
undone. Already there is a complete parity in pension among the Judges of
Supreme Court, High Court and the Comptroller and Auditor General of India,
irrespective of the date of their retirement.
4.2 In so far as the Civilian Employees are concerned
the principle of parity in pension between the past and the future pensioners
was implemented by the Government as had been recommended by the V CPC. The V
CPC recommended that “as a follow up of our basic objective of parity we would
recommend that the pension of all pre-1986 retirees may be updated by notional
fixation of pay as on 1.1.1986 by adopting the same formula (Revised Pay Rules)
as far as the serving employees. This step would bring all the past pensioners
to a common platform on to the 4th CPC pay scales as on 1.1.1986. Thereafter,
all pensioners who have been brought on the 4th CPC pay scales by notional
fixation of pay and those who have retired on or after 1.1.1986 can be treated
alike in regard to consolidation of their pension as on 1.1.1996 by allowing
the same fitment weightage as may be allowed to the serving employees”. They
further recommended that “the consolidated pension shall not be less than 50%
of the minimum pay of the post as revised by the CPC held by the pensioner at
the time of retirement”. The V CPC further said that “this attainment of
reasonable parity needs to be continued so as to achieve complete parity over a
period of time”. However the VI CPC totally ignored these recommendations of the
V CPC and has reintroduced the element of disparity by not adopting the same
formula for post 1996 retirees, and by not recommending the same fitment
benefit and other recommendations liberalising the pension rules in respect of
pre-2006 retirees. Thus a huge disparity between pre-2006 and post-2006
retirees has been created by the VI CPC.
4.3 We therefore urge that pay of every pre-2014
retiree should be notionally redetermined (corresponding to the post from which
he or she retired and not corresponding to the scale from which he or she
retired) as if he or she is not retired and then the pension be computed under
the revised liberalised rules which are to be applicable to the post-2014
retirees under the same rules which would be applicable to employees in service
as on 1.1.2014.
CHAPTER – V
Family Pension
5.1 At present the family pension is given at the rate
of 30% of Pay last drawn. However, family pension shall be equal to 50% (67% as
proposed by us) of pay last drawn or twice the rates given above, whichever is
less and the amount so admissible shall be payable from the date following the
date of death of the Government Servant for period of 7 years or for a period
up to the date on which the deceased Government Servant would have attained the
age of 67 years had he survived / 10 years in case of death in harness. The
family pension is not less than Minimum Pension.
5.2 The prescribed period for which the family pension
is payable is as under:
(i) In the case of a widow or widower,
up to the date of death or remarriage
whichever is earlier.
(ii) In the case of a Son until he attains the age of
25 years.
(iii) The unmarried / widowed / divorced daughter.
(iv) The disabled mentally retarded child of the
Government Servant.
5.3 We suggest as under:
(a) The VI CPC recommended enhanced family
pension for ten years in the case of death in harness only stating that a
special dispensation is justified for them( Para-5.1.42 )and the
government accepted /implemented the same, thereby dividing a single
class of Family Pensioners. Earlier the enhanced family pension was for 7 years
subject to ceiling of 58+7=65, / 60+7=67 years. The enhanced Family Pension on
the death of the Head of the family is intended for the family to stabilize the
sudden drop in the take home pay/pension. The distress due to loss of
bread winner whether it is the death in harness or pensioner’s death, is
one and the same. Making an artificial distinction is unwarranted. There
is, therefore, no need to differentiate between the two ‘distress
situations’ The Commission is requested to recommend removal of this
disparity to enable grant of enhanced family pension uniformly in both
the cases for 10 years keeping in view the principle of social justice ,
equity and fair play.
(b) The quantum of family pension for the period of 10
years should be equal to the pension of the Government Servant was entitled as
per Rules.
(c) After the expiry of the above 10 years period, the
family pension may be reduced to 50% of last pay drawn
(d) The concession extended to a disabled mentally
retarded child to receive family pension until his / her death is subject to
the condition that the said disability should have manifested before the death
of Government employee. We suggest that this condition may be removed.
(e) The family pension is also to be extended to widowed
daughter-in-law.
(f) In case of a Son, the family pension may be allowed up
to the age of 28 years. This is suggested because the recruitment age has been
raised in certain cases to 28 year
5.4 A Government Servant retired on medical
invalidation after rendering less than 10 years of service ( 5 years as per our
proposal) gets no pension. We suggest that he should be granted full notional
pension (i.e., 67% of his emoluments / Minimum pension, whichever is higher. On
death of such a Government Servant his family should get:
(a)
Full
notional pension / Minimum pension during first 10 years after his
death.
(b)
75%
of last pay drawn or Minimum pension, whichever is higher,
thereafter.
Additional Pension:
5.5 In the case of family pensioners also taking into
account their solitude and inability to earn and the ever rising cost of living
etc we request for the enhancement of the family pension at the following
rates:
On attaining age of
Additional Quantum of Family Pension
65 Years
5%
of Family pension
70 Years
5%
of Family
pension
75 Years
5%
of Family pension
80 Years
5%
of Family pension
85 Years
10%
of Family pension
90 Years
20% of Family pension
Extra Ordinary Pension
5.7 The 5th CPC in Para 135.17 of its Report has
recommended that regulation of compensation or disabilities categorized under
(b) and (c) should be:
“II – Cases of disability (100%) resulting in
discharge from service”
“Normal pension and gratuity admissible under CCS
(Pension) Rules, 1972, without insisting on the requirement of minimum service
of ten years plus Disability Pension equal to the normal Family Pension, i.e.,
30% (as per our proposal 50%) of the basic pay”.
5.8 The Department of Pension & Pensioners
Welfare, while issuing orders on acceptance of the recommendation vide OM
No.45/22/97-P&PW(C) dated 3.2.2000 (incorporated in Appendix-3 of Swamy‟s Pension Compilation) the well-meaning recommendation has been altered
as follows:
“III – Disability Pension – for cases covered under
categories “B” and “C”.
“(1) Normal pension and gratuity admissible under the
CCS (Pension) Rules, 1972 plus –
Disability Pension equal to 30% of basic pay for 100% disability.” This has
resulted in a Group D employee with 6 years service, who has been invalidated (with 45% disability) and boarded out
of service not getting the
minimum pension towards “Service element”. This injustice is required to be set
right.
5.9. Extension of Family Pension Under CCS (Pension)
rule, 1972 to CPSU absorbees who were compulsorily covered by the “Employees
Family Pension Scheme, 1971 on their absorption in Central Public Sector
undertaking and to those absorbees who were not eligible for family pension
since they were drawing more pay than the prescribed limit for
eligibility under the scheme.
Central Government employees who were on deputation to
Central Public Sector Undertaking / Autonomous Bodies (AB) and who were
subsequently permanently absorbed in the CPSU / AB were compulsorily covered by
the ‘Employees Family Pension Scheme, 1971 framed under the Employees Provident
Funds and Miscellaneous Provisions Act, 1952 (Administered by the Provident
fund Commissioners), if the said scheme was in operation in the CPSU / AB in
which the Central Government employees was absorbed. And such of those
absorbees who were drawing more pay then the prescribed limit under the scheme not
for family pension under EFPS – 1971.
Government of India , Department of Pension &
Pensioners Welfare vide its O.M No. 1-18/86-P&PW (D) dated January, 1990
accepting the request of the Staff Side in the 29th ordinary
meeting of the National Council (JCM), revised the family pension entitlement
of the absorbed employees and allowed them an option to choose either Family
Pension Scheme of the Central Government (i.e. CCS (Pension) Rules) or by that
of the CPSUs /ABs (ie Employees Family Pension Scheme, 1971). These
modifications to family pension entitlements of absorbees were given effect to
from the date of issue of the O.M. ie 22.1.1990 and were extended to only such
of those absorbed employees who were in service on the said date and who were
permanent and had a qualifying service of not less than 10 years in the
Government. all other absorbees were compulsorily covered by the Employees
Family Pension Scheme, 1971.
The Central Government Employees who were permanently
absorbed in CPSUs / ABs and who satisfied the conditions of qualifying service
in the Government, but had retired before 22nd January, 1990
could not opt to come over to the Central Family Pension Scheme (CCS (Pension)
rules, 1972) and were compulsorily covered by the Emplyees Family Pension
Scheme, 1971.)
As a result of the above, there are now 3 categories
of retired CPSU Absorbees. (1) Absorbees eligible for family pension under
Employees family pension scheme, 1971, (2) Absorbees who are eligible for
family pension under CCS (Pension Rules, 1972 and (3) Absorbees who are not
eligible for family pension under any Scheme.
The VII Central Pay Commission is requested to
recommend removed of the disparity existing between the 3 categories of CPSU
Absorbees stated above by extending the provisions of CCS (Pension) Rules, 1972
to all the Absorbees uniformly making them eligible for family pension.
CHAPTER – VI
Gratuity And Commutation Of Pension
Gratuity
6.1 Retirement Gratuity is paid at ¼ of basic pay for
each completed six monthly period of qualifying service subject to a maximum of
16.5 times of the emoluments. There is also a monetary ceiling of 10 lakhs.
This is applicable to all Government Servants who retire on completion of 5
years of service. However, if a person dies in harness his family is granted
the gratuity at certain prescribed rates:
6.2 We suggest that the gratuity may be calculated on
the basis of 25 effective days as against 30 days in a month. We make this
suggestion because the Government Servant should not be paid at a rate lesser
than what is admissible under the Gratuity Act.
6.3 The ceiling of 16.5 times and the quantum limit of
Rs. 10 lakhs should also be removed. This is because under existing rules
gratuity is reduced in the case of a Government Servant who has put in less
than 33 years of service. In the banking industry there is no such ceiling of
16.5 months‟ salary but the retiring bank employees are
getting at the rate of ½ a month salary for every year of service even over and
above 33 years of service. Therefore, it is but logical that for a service span
exceeding 33 years, the gratuity should be higher and the above ceiling be
withdrawn.
Commutation of Pension and its Restoration
6.4 Central Government employees are permitted to
commute up to 40% of their basic pension. We have no suggestion to make in this
regard.
6.5 In the light of Supreme Court decision, commuted
value of pension is restored on completion of 15 years or on reaching 75 years
of age whichever is later. Most of the State Governments are restoring full
pension after 12 years or on reaching 70 years of age. We, therefore, propose
that full pension be restored after 12 years, or on reaching the age of 72
years, whichever is earlier. From the table given below it will be seen that
the entire commuted value gets repaid to the Government by the Pensioners
within 12 years.
Sl.No
Details Age next birth day = 61 years
1
Commutation factor 9.81
2
Amount commuted Rs. 100
3
Commuted value received Rs.11,772
4
Amount recovered in 12 years Rs.14,400
5
Amount recovered in 15 years Rs.18,000
6
Excess recovered in 12 years Rs. 2,628
7
Excess recovered in 15 years Rs. 6,228
6.6 Now when the commutation factor has been reduced
and is applicable after 2008, the restoration of commuted pension should be
after 10 years. It will be seen that entire commuted value gets repaid within
10 years as could be clear from the table given below.
Sl.No
Details Age next birth day = 61 years
1
Commutation factor 8.194
2
Amount commuted Rs.100
3
Commuted value received Rs.9,833
4
Amount recovered in 10 years Rs.12,000
5
Amount recovered in 15 years Rs.18,000
6
Excess recovered in 10 years Rs.2,167
7
Excess recovered in 15 years Rs.8,167
6.7 Taking all these factors into account, we suggest
that the commuted pension may be restored on completion of 10 years or reaching
the age of 70 years, whichever is earlier.
CHAPTER – VII
Medicare
7.1 The following landmark judgments of the Supreme
Court of India have held that the enjoyment of highest attainable standard of
health is recognized as a fundamental right of all workers / pensioners in
terms of Article 21 read with Article 39, 41, 43 and 48 of the Constitution:
(i)
Consumer
education and Research Central and others Vs Union of India
(AIR 1995
Supreme Court 922)
(ii)
Laxman
Thammappa Kothagiri Vs General Manager Central Railway &
Others [2005(1) SCALE)
(iii) Indian Medical Council
Vs V.P.Shantha & Others (1995(6) SCC651)
Therefore improvements in the existing Medicare
systems are absolutely essential. “Health is not a luxury”and “not be the sole
possession of a privileged few”. It is a Fundamental Right of all present
and post Employees. 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 for a 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 suggest 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 all must be provided Health care services at par. We also
request the commission to recommend to govt. to make preventive health care an
essential ingredient of all health care schemes for retired Persons. CGHS and RELHS
should be expanded and improved. Also CSMA Rules 1944 be extended to pensioners
residing outside CGHS Area.
7.2 Nursing Homes / All India Private Hospitals /
Diagnostic Centres to cater for the CGHS beneficiaries should be increased in
such a way that they will be nearer to the residence cluster of the
beneficiaries. While selecting great care should be taken that no beneficiary
is required to travel more than 2.5 KMs to obtain treatment. In Delhi, the
recent approval for hospitals has been done without keeping the distance of
beneficiaries residence localities. Some areas have been completely forgotten
and some points have been given more than one referrals. This appears well on
paper and satisfies the Ministry but in practical terms it is more a punishment
for the beneficiaries.
7.3 We wish to invite attention of 7th CPC to the
recommendation made by the V CPC as detailed in Para 140.11 of their report
regarding extension of CGHS. Unfortunately, the well intentioned recommendation
has remained still as recommendation only. Under some plea or the other, there
had been practically no expansion whatsoever in this regard, which is
regrettable. A number of proposals had been forwarded to the government by the
many pensioners Associations but have been kept in cold storage. The 7th CPC is
requested to reiterate this important recommendation, suggesting opening of new
CGHS dispensaries as per prescribed norms securing clearance from Planning
Commission, wherever necessary.
7.4 Medical facilities to Pensioners:
Smart Cards to Pensioners: Smart Cards may be issued
to all Pensioners from all Department (including Postal Pensioners) and their
dependents for cashless and hassle less medical facilities across the country
in all Government hospitals; all NABH accredited Multi Super Speciality
Hospitals which have been allotted land at concessional rates or given any
other aid or concession by any Government; all CGHS, RELHS and ECHS empanelled
Hospitals.
No referral should be insisted in case of medical
emergencies. For the purpose of reference for hospitalization &
reimbursement of expenditure thereon other than in emergency cases
Doctors/Medical officers working in different Central/State Govt. department
dispensaries/health units should be recognized as Authorized Medical Attendant.
7.5 Discrimination to P&T Pensioners: The Central
Government Pensioners, whether they were beneficiaries or not while in service,
are permitted to join CGHS on retirement. However the Ministry of Health &
FW had issued an order dated 1.8.1996 according to which all P&T Pensioners
who were not participating in CGHS while in service have been debarred. This in
itself is a very grave discrimination, which is not permissible under Article
14 of the Constitution. This was therefore challenged in Courts and the latest
position achieved is that the Courts have held that the P&T Pensioners may
be permitted to participate in CGHS or alternatively covered under CS (MA)
Rules, 1944.
7.6 Postal Dispensaries: In the meantime, following
the recommendations of the V CPC and VI CPC, 19 P&T Dispensaries in 12 CGHS
Cities have been merged with the CGHS. Instead of now allowing all P&T
pensioners irrespective of the station they live, only those who are living in
these 12 Cities have been allowed to participate in the CGHS. This is also
discriminative because all other Central Pensioners are permitted to join CGHS
irrespective of the fact where they are living. It is therefore urged that the
7th CPC should recommend that the above discrimination is put an end to and all
P&T Pensioners may be allowed to participate in CGHS.
7.7 The Department of Post running its Postal
(formerly P&T) dispensaries in 45 cities for outdoor treatment to its
working and retired employees. Out of them 19 dispensaries in 12 cities have
been merged with CGHS where CGHS and Postal dispensaries co-existed, by
Ministry of Health & Family Welfare vide Notification dated 9.7.2013. Now
there remains 33 dispensaries in cities namely, Vadodara, Agra, Moradabad,
Saharanpur, Varansi, Gorakhpur, Aligarh, Bareilly, Behrampur, Cuttack,
Siliguri, Jalpaiguri, Trichurapalli, Triunelveli, Ambala, Silchar, Dibrugarh,
Guntur, Nellore, Rajmundri, Vijayawada, Vishakhapatnam, Ajmer, Jodhpur, Kota,
Dhanbad, Gaya, Muzzafarpur, Chapra, Raipur, Amritsar and Jallandhar. In fact in
these Postal Dispensaries only outdoor treatment is given for serving and
retired employees, but for working employees indoor medical is given through
either CS (MA) Rules or by authorizing private hospitals like CGHS, (NO INDOOR
FOR RETIRED EMPLOYEES). From working employees no contribution is realized
whereas yearly contribution is realized from pensioners, on the other hand, in
CGHS there is no such discrimination between and retired employees with regard
to treatment and contribution both. IT IS BE NOTED THAT CGHS AND POSTAL
DISPENSARIES BOTH WERE FORMED UNDER THE CS (MA) RULES, THEN WHY THIS
DISCRIMINATION EXISTS BETWEEN CGHS AND POSTAL DISPENSARIEAS. The department of
Posts is required to amend its rules / instructions, so that the facilities /
contribution is made available to pensioners at per working employees alike
CGHS.
The VII CPC may kindly consider the above state of
discrimination between serving Postal employees and Pensioners and recommend
that Postal Pensioners may also be provided indoor treatment under CS (MA)
Rules.
7.8 Hospital Regulatory Authority: We suggest that a
Hospital Regulatory Authority shall be set up to ensure that the hospitals
provide reasonable care to Smart Card holders. This Authority can undertake
periodical revision of CGHS approved rates for several kinds of medical
treatment as well as for lab tests in consonance with the prevailing market
conditions so that no crisis develops like refusal of treatment by empanelled
hospitals.
7.9 Fixed Medical Allowance: The Government fixed the
rate of FMA as 300/- per month to the Pensioners not covered under CGHS etc.
Several appeals for revision of this amount in a realistic manner to suite the
conditions prevailing on various counts like Doctor’s fees, cost of
medicines, rate of lab tests etc went in vain as the Government stoutly refused
to enhance this FMA in a reasonable manner. It can be seen that the Employees
Provident Fund Organisation under the Central Government’s Ministry of Labour
was paying a monthly FMA to its employees at the rate of 1200/- prior to 6th CPC
when the other Central Government employees were drawing only 100/- per month.
The same EPF Organisation came forward to enhance the said FMA from 1200/- to
2000/- per month w.e.f. 1st March, 2013 for the serving employees, EPF
pensioners and family pensioners. When an organisation under the same Central
Government has taken steps to suitably enhance the Fixed Medical Allowance in
consonance with the market conditions, there is no justification whatsoever for
the Central Government to adamantly refuse to upwardly revise this FMA , which
is presently at a lowest level of Rs.300/- per month which everyone knows is
totally inadequate to the medical needs of a pensioner’s family. When pressed
the Government have stated that as this allowance was introduced by the V CPC,
the enhancement of its rates will have to be considered and recommended by
another pay commission. We suggest that the 7th CPC recommend for refixation of
FMA @ 2000/- per month plus DA thereon. In addition this FMA shall be permitted
to those pensioners who want to undergo only Unani or Ayurveda or Homeopathy
type of treatments even though they live in areas covered by CGHS.
7.10 CS (MA) Rules 1944: In the interregnum period of
permitting all pensioners into the CGHS without any discrimination, the CSMA
Rules, 1944 should be extended to pensioners living in non-CGHS areas and
stations, which are at present not covered by CGHS. As recommended by V CPC,
vide Para 140.18 of their report, benefit of CS (MA) Rules, 1944 should be
extended to pensioners in non-CGHS areas at least to the extent of full
reimbursement of expenses incurred for hospitalization in a Government hospital
or hospitals recognized under CS (MA) Rules for the serving employees or those
hospitals recognised by State Governments for such purposes for their
employees. To cite examples, in the City of Mysore, a number of hospitals
have been recognized under CS (MA) Rules, 1944 for serving Central Government employees.
But Pensioners cannot avail the benefit merely because there is no CGHS
dispensary there. Similarly, in Udupi though the world-famous “Kasturba
Hospital” is recognised under CS (MA) Rules, 1944 for serving employees, the
Pensioners do not get the benefit merely because there is also no CGHS
dispensary available. “The benefit of the liberalised orders bearing No. OM
No.S-11011/7/99-CGHS(P) dated 27-4-20110f the MoH&FW can not be availed by
all pensioners living in non-CGHS areas as the order pre supposes possession of
a CGHS card by such pensioners.
7.11 Several cases of claims for reimbursement of
medical expenses incurred by pensioners living in non-CGHS areas have been
decided in favour of pensioners by the CATs and even the High Court of Gujrat
at Ahmedabad. “All the SLPs ( 34 in all ) filed by the government of India in
this connection have been dismissed by the Supreme court of India on 3-4-2012
and Government of India had to issue orders directing all concerned to allow
reimbursement of the medical claims of pensioners concerned living in non-CGHS
areas /Stations.7th CPC is therefore requested to make suitable recommendation
in this regard in order that even if CGHS dispensaries are not opened, for
whatever reasons they may be, the Central Government pensioners may avail
medical in-patient facilities (in hospitals recognized under CS (MA) Rules,
1944 for serving employees) and get reimbursement of expenses from the
departments to which they belong.
7.12 It is a fact that ESIC medical scheme caters for
more than 35 millions of beneficiaries in the private factory employment
sector. If the ESI System with a network of 144 hospitals, 42 Annexes,
1400 dispensaries and tie up with 2041 private medical practitioners besides
with a large number of Super Specialty Hospitals can provide medicare, why
should not CGHS / CSMA cater for the medicare needs of more than 40 lakhs of
employees and more than 30 lakh of pensioners spread all over the country like
the ESIC beneficiaries? The 7th CPC may kindly examine the feasibility of
improving the present CGHS / CSMA formats to ensure Medicare to all Central
Government employees and Pensioners. There is no need absolutely to scout for
alternate method. The recommendation of the 5th CPC for suitably amending CS
(MA) Rules, 1944 for providing indoor medical attention to a very small segment
of Central Government Pensioners residing in non-CGHS areas should not pose any
insurmountable hurdles. It is fortunate that the nodal Ministry viz., Ministry
of Health and Family Welfare, has accepted the need for Medicare to 60 plus
retired personnel that they should not be deprived of the medicare and the
Judiciary have taken cognizance of this principle, there should be no
hesitation in amending the CS(MA)Rules, 1944 for providing in-door attention to
the retired employees.
CHAPTER – VIII
Miscellaneous
8.1 Pension and Dearness Relief and Fixed Medical
Allowance to be net of Income Tax. The purchase value of pension gets reduced
day by day due to continuous high inflation and steep rise in cost of food
items and medical facilities. Retired persons / Senior citizens do not enjoy
fully public goods and service provided by Government for citizens due to lack
of mobility and many other factors. Their ability to pay tax reduced from year
to year after retirement due to ever-increasing expenditure on food, medicines
and other incidentals. Their net worth at year end gets reduced considerably 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 fag 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
on Pension and the DR – as recommended by 5th Pay Commission in
para 167.11 of their report.
8.2 Housing: Central Government
employees in occupation of Government Staff Quarters on retirement are
constrained to hire private accommodation at exorbitant and prohibitive rental.
They are per force to spend a sizable portion of the pension on rent alone.
While in services, though they are entitled to get house building advance etc,
most of them are unable to avail the facility and construct house for the
salary income they earn is incapable of making the both ends meet. It is
therefore necessary that a provision is made for reserving a percentage of the
number of residential units constructed by the State / Central Housing Boards
and Corporations, for outright purchase of allotment on instalment basis to
pensioners. We therefore suggest that 10% of the total units constructed by the
State Housing Boards, Central Housing Corporations etc to be reserved for
pensioners. Similarly quite a number of staff quarters sometimes lie vacant
without occupation by serving employees and such quarters may be allotted for
pensioners on payment of just licence fee only. In addition, dormitory type
single room tenements with common dining hall, library, cultural centre,
auditorium, basic medical facility etc may be constructed at the outskirts of
the cities and allotted to pensioners on payment of a reasonable amount. Until
such schemes are accepted and worked out, HRA may be granted to the Pensioners
on the same rates as is given to serving employees.
8.3 Travel Concession: Senior Citizens on
attaining the age of 60 years (Males) and 58 years (females) are given fare
concession in Railway travel at the rate of 40% and 50% respectively. We
suggest that retired Government Servants may be allowed the facility of travel
concession once in 2 years to any place inside India from their place of their
residence. We point out that the purpose of granting LTC to serving employees has
an in-built advantage of encouraging tourism development, which is helpful to
the economy in several ways. Similarly any travel concession granted to
Pensioners will also boost the tourism development in the country besides
bringing happiness at their old age.
After retirement, most of the pensioners spend
the time on spiritual activities. They like to visit important religious
places in the country. The Commission’s attention is drawn to the fact
that Government of Punjab is granting Travel Concession to all its pensioners
by paying one month’s Basic Pension for every block of 2 years. It was
introduced from 1/1/1989 and the payment is made in January every two years
(Source: Punjab Government letter No.1/15/89-IFP-II/8078 dated 31/8/1989). In the
past 25 years the cost of everything has gone up. The Commission is
requested to recommend to the Government to pay 3 months Basic Pension as
Travel concession and the facility may be extended once in 2 years to all those
pensioners/Family Pensioners including family Pensioners other than spouse, who
are at present not getting travel facilities as departmental advantage.
8.4 In the last decade, the social fabric has
undergone a drastic change. The Indian Parliament had to enact a law for
the kith and kin to look after their parents. After the death of a
pensioner, cremation/burial has to take place in an honorable manner.
Each religion has got its own custom and rituals and the cost is very
high. It is to be noted that Andhra Pradesh Government is granting an
amount of Rs.10,000/- as ‘Death Relief’ to its pensioners, Family pensioners
(Source: AP Govt. G.O. MS.No.102 Finance (Pen.I) Department dated 6/4/2010
& G.O. M.S. No.136 dated 29/6/2011). The Commission is requested to
recommend an amount of Rs.10,000/- as ‘Death Relief’ in the event of death of
pensioner, pensioner’s spouse or Family Pensioner.
8.5 Family Security Fund: The family
of the Pensioner shall be granted a lump sum of 1,00,000 on the death of the
Pensioner by introducing a scheme for Family Security Fund with the arrangement
for contribution by the pensioners. At present such scheme is in existence in
states like Tamilnadu, where the Pensioner is contributing a monthly
contribution of 80/- and in the event of his / her death, the spouse is given a
sum of Rs.50,000 as family security fund. Therefore the 7th CPC is requested to
examine this proposal for framing such a scheme for facilitating payment of at
least 1,00,000 rupees on the demise of the pensioners to their spouses.
8.6 Pension Adalats: The system of Pension
Adalat was introduced initially by Department of Pension and Pensioners Welfare
and later on adopted by Railways, Defence, P&T Departments. The V CPC
in Para 139.17 had recommended that this system is very effective in finalising
disputed cases of pensions and should be introduced in all the
departments. These adalats should also function for settling the cases of field
formations and meet at least once in quarter. The representatives of he
Pensioners Associations should be allowed to present the cases of the concerned
pensioner who may not be conversant with the rules. The above recommendation
which were not mandatory has not been implemented. We therefore request 7th CPC
that it should be made mandatory on all the Ministries and Departments of
Indian Government to conduct these Adalats periodicaly and without fail. We
also suggest that these Adalats may be conducted at different levels with the
following frequency:
(i) Divsional level Once in 3 Months
(ii) Zonal / Regional level Once in 6 Months
(iii)Head quarter level Once in a Year
(iv)Ministerof State in DOPT level Once in 2 years
“The OM No. 44013/2/2010-Coord dated 25-3-2011 issued
by the Department of Pension & Pensioners’ Welfare is required to be
amended suitably.
8.7 SCOVA: The forum of SCOVA
(Standing Committee of Voluntary Associations) is facilitated by the Central
Government for interaction with the Pensioners’ Organisations for discussing
the issues of pensioners. This forum has no statutory authority as negotiating
forum founded for negotiating issues of Central Government employees viz., the
National Council JCM with mandatory facility for compulsory arbitration and
other benefits like National Anomaly Committee to sort out the anomalies
arising out of implementation of Pay Commission reports etc. Similarly there is
no system of granting recognition to representative organisations of Pensioners
and at present it is at the pleasure of the Central Government to nominate any
representatives from any pensioner Associations. Some of the Pensioners
Organisations are invited to SCOVA as Members on a rotational basis only. The
number of central government pensioners belonging to various departments is no
doubt in great numbers and therefore there is necessity to establish a forum
with formal authority for discussing and negotiating issues of pensioners. It
can be seen that there are hundreds of pensioners’ federations,
associations, organisations in the country like mushroom growth and there is no
orderliness amongst them and each and every pensioner organisation is raising
its own demands. There is no orderliness in this system. Therefore, we suggest,
that the VII CPC may recommend to the Government to upgrade the status of the
SCOVA like the other forum of National Council JCM with separate Rules framed
for granting recognition to Pensioners Organisations to give them
representation in the SCOVA. All the All India Pensioners
Associations/Federations may be accorded recognition & extended such
facilities as have been granted to the serving employees
Association/Unions/Federations. The SCOVA may be renamed as Joint National
Council of Pensioners Organisations. It should be a two tier system one at
National level and other Departmental Level.
8.8 Improvement of
ex-gratia to CPF/SRPF (C) retirees and their families:-
Ex-Gratia payment to CPF / SRPF (C) pre 1.1.2006
retires and their families / dependent children was sanctioned earlier as
follows:-
CPF/SRPF
(C) retirees Rs.600pm+Dearness
relief from
1.11.1997
Widows and dependent
Children
of deceased Rs. 605
pm + Dearness relief
from
CPF/SRPF (C) retirees 1.11.1997
Subsequently these have been revised as follows:-
CPF/SRPF (C) retirees at time of retirement
EX- Gratia
Group “A”
Service
Rs.3000 pm + DR
Group “B”
Service
Rs.1000 pm + DR
Group “C” Service
Rs.750 pm + DR
Group “D”
Service
Rs.650 pm + DR
Effective
date: 1.11.2006 SRPF (C)
4.6.2013 CPF
Widows and dependent
Children of
deceased Rs.645
pm + DR
CPF/SRPF
(C)
from
4.6.2013
Dearness ex-gratia as above is reckoned before
applying dearness relief.
These amounts are utterly inadequate even for hand to mouth
living in the resent scenario of high cost of living and spiralling inflation.
Request were earlier made to grant one more pension option to the surviving
CPF/SRPF (C) retirees or to grant them 1/3 rd pension as given to PSU
absorbees, but the same have not been agreed to.
8.9 We submit that
VII CPC may consider our following suggestion
Period for service for granting ex-gratia in their
cases should be brought down to 10 ears as in the case of eligibility for
pension. They should be granted one time option for pension as recommended by
the IV CPC . Minimum ex-gratia to the beneficiary well as the family should be
equivalent to minimum pension / family pension of the grade in which they
retired as revised from to time. It need to be appreciated that they also had
rendered satisfactory service to the government. they worked in more arduous circumstances
when the country was relatively undeveloped with low salaries, incremental
rates and promotional avenue. They and their families should not be condemned
with low rates of ex-gratia and denial of several benefits extended to
pensioners / family pensioners for error of judgment on their part in not
opting for pension when options were extended because of their inability to
foresee the development of the country and the vast changes that have been
taking place after their retirement. They are a fast disappearing category and
grant of full benefits on par with pensioners will not cause any undue
financial burden to the government. in addition to revision of ex-gratia rates
on par with pensions and family pensions, they have also to be extended benefits
such as same rates of DR granted from to time, ex-gratia to their dependent
unmarried / widowed / divorced daughter above 25 years of age, fixed medical
allowance, widow passes to the families of deceased SRPF beneficiaries etc.
India is a welfare state and the discrimination going on against them all these
years is against the very letter and spirit of constitution of India and the
concept of welfare state embedded in the directive principles of state policy.
Admissibility of Ex-Gratia to widowed / divorced /
unmarried daughters
Family pension under CCS (Pension) Rules, 1972 is
being paid to eligible widowed / divorced / unmarried daughters beyond the age
of 25 years for life if they continue to be eligible for payment of family
pension. But in respect of the dependent widowed / divorced / unmarried
daughters of CPF / SRPF beneficiaries, payment of family pension is stopped
when they complete the age of 25 years. Hence it is requested that the VII CPC
my please recommend extension of the benefit admissible to the above category
of Central family pensioners to the dependent of CPF / SRPF beneficiaries also.
8.10. Representations in
various committees : As recommended vide Vth CPC report Vol III para
141.30 Pensioners’ representatives should be included in various committees
& other Fora of Govt where issues relating to the welfare of pensioners are
likely to be discussed & debated :
Discussing and deciding the matters relating to
Pensioners, with representatives other than those of pensioners, is unfair
& against the Rules of ‘Natural Justice’. At present various Committees
like National Anomaly Committee (NAC) and JCM (on Pensioner matters), are
there, wherein matters / policies relating to pensioners’ welfare are discussed
and decided, but they do not have pensioners’ representatives with the result
their viewpoints, hardships & anomalies are not properly represented. As
pensioners are a homogenous class, there is an urgent need to constitute
separate Committees for pensioners wherein matters / policies / anomalies
relating to pensioners of all Groups, categories & departments may be
discussed.
8.11. Lingering Litigation on Pensioners matters due
to uncalled for Appeals by Government: Govt. should not indirectly pressurize
courts by appealing again & again to get judgments reversed in its favour
& must implement all court judgments in case of all
similarly placed persons.
Fifth CPC recommended in para 126.5 that any Court
Judgment involving a common policy matter of pay/pension to a group of employees/pensioners,
should be extended automatically to similarly placed employees/pensioners
without driving every affected individual to the Courts of law. This
recommendation is never followed by GOI, with the result Pensioners in the
evening of their life, are forced to approach the legal forums, seeking
the same relief. This in turn, bulges court dockets.
The Commission is requested to recommend to the
Government to strictly follow the provisions on “filing of appeals in the
National Litigation Policy document dated 26.3.2010 issued by the then Hon’ble
Minister for Law.
Seventh CPC is requested to look into this matter once
again and to issue suitable guidelines as deem fit and necessary.
8.13 Pension Act, 1871
(Act 23 of 1871):
The CCS (Pension) Rules, 1972 were notified under the
powers vested under proviso to Art. 309 of the Constitution and not under the
Pension Act, 1871.
The Act is a legacy of the former colonial Government
The Pension Act 1871 is in the Statute Book but has no relevance or reference
to the pension format of the Central Government employees but the Government is
sticking to the archaic Act. it is to be remembered that the Government,
committed in the Parliament that it will be revised and reflect the latest
developments of social security. (refer Lok Sabha discussion on 10th and
16th April 1981). Neither the Monitoring Committee of the
Parliament on Assurances nor the Government had taken any concrete steps in
revising 1871 Act.
The Gajendragadkar Law Commission had advised the
Government of India to change the Pension Act, 1871 in 1972 but nothing was
done.
S/Sri V.N. Gadgil and Parulekar (the then, MPs) moved
a substitute bill in the budget session of Parliament in replacement of the
Pension Act, 1871. The issue was discussed on 16th and 30th of
April, 1981 Shri P. Venkatasubbiah, the then Minister of State for Home Affairs
gave an assurance of bringing in an amendment to the Pension Act.
(Incidentally, 82 MPs had s supported this move.)
Pensioners Association had brought matter to the
notice of the Government of India through SCOVA meeting.
The Following sections of this Act violate the
Constitution of India
(a) Section
– 4: No Civil Court shall entertain any suit relating to any
pension.
(b)
Section – 6: Shall entertain suit only on
receipt of a certificate from the
Collector / Deputy
Commissioner that the case may be tried, but the court
shall not make any
order by which the liability of Government to pension
is affected.
The Following go against the CCS (Pension) Rules,
1972:-
(a) Section
- 5 :- The claim for pension to be made to the collector /
Deputy
Coommissioner.
(b) Section
– 8:- The Pension payments to be made by the Collector /
Deputy
Commissioner
(c)
Section
– 15:- Confers powers to the Central Government to make rules
only to provide for nominations under Section – 12 A.
The following are outdated / have no relevance to
pension matters:
(a) Section
– 7:- Relates to pension for lands held under grants in
perpetuity.
(b). Section –
9;- Relates to saving of rights of grantee of Land revenue.
(c) Section
– 13:- Relates to Grant of reward equivalent to amount of pension
to
those who inform about persons receiving pension fraudulently or
unduly.
No doubt, the subject “Repeal of Pension Act, 1871” comes
within the purview of the Law Commission. Two years ago, the Department of
Pension and Pensioners Welfare called for opinion of Pensioner s Associations
on this, but it stopped at that. Since this Act has been used by the Government
to frame the “Payment of Arrears of Pension (Nomination) Rules, 1983,
exercising Power under Section – 15 of this Act and since Section – 11 of the
Act is also current on date, it appears to be in the fitness of things that the
VI CPC suo moto examine this aspect and make suitable recommendations to the
Government”
The VI CPC did not touch the legal aspect of New
pension Scheme and simply referred the matter to a study team as mentioned in
para 2.3, 2.4, and 2.5.
It is further to add that the New pension Act 2013 was
placed without repealing the pension Act1871, nor repealing the CCS (Pension)
rule 1972 which have been introduced in our country as per provision of Article
30 of the Constitution of India. This action of the Government of India appears
to be in taking away the rights and privileges guaranteed under the provision
of Article 19 (i) (i), Article 39 of the Constitution of India and is liable to
be challenged before the Court. The Apex Court has already accepted a petition
of land Acquisition Act and kept the new act pending operation till judgment is
delivered. The VII CPC may kindly examine the need for contrivance of Pension
Act 1981 as also the PFRDA Act 2013 and recommend for their Repeal.
8.14. Uniform
format of PPO – It is observed that different Ministries/ Departments have
prescribed different forms of PPO. It is suggested that there should be a
uniform format of pension payment order for all Central Government
pensioners, irrespective of their departments and all old PPOs should be
replaced by the proposed uniformed format. This also should provide the
particulars of prospective eligible family members, their dates of birth etc.
O0o
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