Tuesday, 8 May 2018

PENSIONERS OWN MEDIA: 'Pensioners' Digest' Monthly (May-2018) publication of KCGPA an affiliate of 'BHARAT PENSIONERS SAMAJ' (BPS)




   KARNATAKA
 
             
 




                                 THE
                                       KARNATAKA
CENTRAL GOVERNMENT PENSIONERS’ ASSOCIATION (REGD.)     
 ( Estd: 1974;                     Regn. S.No.143/1983-84 d/ 9th August 1983 )  
“Swarna”,120/1,2ndMain,GDParkExtn,Vyalikaval,Bengaluru560003                       (Affiliated to BPS New Delhi, AIFPA Chennai & KCCCGPAs Bengaluru)
Email  ID: cgpakarn@gmail.com                                                                         Tel: 23468438
RNI Regn No: KRENG/2008/27233                Postal Regn No: KRNA/BGE/200/1.1.2018-2020
 President                        Vice-President                     Secretary                  Treasurer
 S S Ramanatha Rao       VP Sreedhara Murthy         Ashok S Kololgi       RSN Murthy
 Tel: 2661 9394                 Tel:9980296616                   Tel: 9448469351        Tel: 9731663662

Vol.X : Issue 9 (Pps    )    MAY 2018        Subscription: Rs 125 p.a.
---------------------------------------------------------------------------------------------------------------                    PENSIONERS’ DIGEST

CONTENTS:

1     Pension Act 1871 needs to be amended.
2     Coffee Board pensioners propose hungerstrike for 7th CPC benefits.
3     SC on un-empanelled hospitals – Govt reaction awaited.
4     Karnataka CGPA.
5     An Obituary.
6     A Quote.
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THE NATIONAL SCENE

        Amendment to Pension Act 1871:      Perhaps no Act in force in the country is as archaic as this one. Many of the pensioners may not be aware of such an Act in position in the Rules Books of the Government. In a sane situation, the Govt contemplated to hold a meeting of Representatives from most of the Ministries, and take a decision on the ‘amendments’ to the Act. The meeting was held on April 24, 2016. Please see the ‘Minutes’ as it appeared in the Pensioners Portal.
----------------------
Joint Secretary (Pension) informed that in accordance with the policy of the Government to repeal obsolete Acts, the question of repeal of Pension Act, 1871 has been under consideration for some time past. This Act had to be excluded from the list of the obsolete Acts to be repealed as some of the provisions of the Act provide security to the pensioners against attachment and assignment of pension.
 Joint Secretary (P) mentioned that. the meeting of "the Ministerial Departments" dealing. with the various types of pension had been called to elicit their views on the proposal to amend. the rules regulating various types of pension administered by those Ministries to secure the pension under those rules, to facilitate repealing of the Pensions Act, 1871.
 Ministry of Environment & Forests, Department of Posts, Ministry of Culture, Ministry of External Affairs, Department of Telecom and Department of Expenditure informed that they were not administering any separate pension rules. . Representative of Ministry of Home Affairs expressed apprehension that the protection against attachment by courts, if provided in rules, may not be as effective as that provided in an Act of Parliament. Department of Rural Development stated that the social security pensions administered by them are through executive orders and any provisions for security against attachment by court provided in those orders may not be effective as that will not have any statutory backing.  Representative of Ministry of Labour & EPFO informed that although the EPF Act provides for security against attachment, .it has no protection against assignment.
The representative from Department of Financial Services mentioned that the existing Pensions Act is applicable to pensions admissible under a large number of Rules and Acts of Parliament. He specifically mentioned that the pensions of President, Vice President, Ministers and Member of Parliament etc. are regulated by the Acts of Parliament. Similarly, the pensions of Supreme Court! High Courts Judges, Central Vigilance Commissioners, Central Information Commissioners, Members of UPSC, etc. are also granted pension under the Acts regulating. their service conditions. These Acts of Parliament also do not contain provisions securing the pension against attachment, assignment etc. Therefore, if the Pensions Act was to be repealed, then necessary amendments would need to be made in these Acts of Parliament along with the other rules regulating various kinds of pension like Freedom Fighters Pension etc. being administered· by Ministries & Departments. He, therefore, suggested that instead of amending a large number of Acts and Rules to secure those pensions against attachment & assignment, the existing Pensions Act, 1871 may be amended to repeal .only those provisions in the Act which have since ·become irrelevant & redundant.
Ministry of Home Affairs, Ministry of Labour, Ministry of Rural Development, Ministry of Defence, Ministry of Railways and Department of Personnel.& Training endorsed the views of the Department of Financial Services.
 It was decided that the aforesaid views of the Ministries & Departments will be placed before the Competent Authority for taking a decision in the matter.
----------------------------

          In fact, we had reported in one of the PDs over a year ago that Shri B Sadashiva Rao, then President of Karnataka P&T Pensioners Assn, Bangalore, had proposed certain specific amendments. No mention is seen, and no development is known after the above meeting. But, Action is imminent, with so many changes in Rules having taken place, since 1871. When the Indian Constitution of India has been amended over a hundred times, the amendment/s to the Pension Act should not be deferred for long, for any reason.

          The pensioners have woken up and known their rights and dues. As a result, a historic judgement came out from the Supreme Court on
17th December 1982, in the case of (late) DS Nakhara and Union of India, wherein it was glorified that the benefits given to the pensioners should be made available to the past pensioners too. At that time, Justice (late) YV Chandrachud had termed Pension as ‘deferred wage’ for the services rendered by the Govt servants during their prime of life; and it was ‘not alms’. This is fortunately being continued. This point in particular should be incorporated in the Act.

Recently, when the validity of Aadhar was deliberated in the Supreme Court, Justice A K Sikri declared (March 23, 2018) ‘Pension is a Right, not a subsidy’ and denounced its linkage to the Aadhar card. Justice Sikri further said that ‘Pension is an entitlement, not a benefit.’

The same Supreme Court indicated that the Govt should re-address the Pensions Rules. Again, in March 2018, it called the pension laws of the country ‘a khichdi’ of instructions, office memoranda, clarifications, corrigenda and so on and so forth. A Bench of Justices Madan B Lokur and Deepak Gupta recommended to the Dept of Personnel and Training ‘to try and make life after retirement easier for a government servant by having appropriate legislation enacted by the Parliament or applicable Pension Rules.’

We conclude this ‘piece’ appealing to the Government to look into the Pension Rules and bring out a comprehensive Rules Book for the pensioners, by amending the 1871 Act suitably too. Just the Revision of CCS Pension Rules 1972 as CCS Pension Rules 2016 (after the 7th CPC) is not at all enough.

          SC on Admissions of pensioners to hospitals:  Presently, the CGHS fully monitors the admissions and reimbursement of the bills. It has a list of empanelled hospitals, for the purpose, in different regions.
Recently, dealing with the case on Reimbursement of medical claim by Shiv Kant Jha, a pensioner, in his Writ petition No.694/2015, v/s the Union of India, the Supreme Court declared that the medical claim by the in-patient cannot be denied merely because the hospital is not included in the Govt  list. Please see the following Note (from G-connect website).

(Quote)                        In a bid to protect retired public servants from “unnecessary harassment” in claiming reimbursements under the CGHS, the Supreme Court has asked the Centre to “expeditiously” set up a high-powered committee to disburse claims in a month.
A bench of justices R K Agrawal and Ashok Bhushan also directed the Ministry of Health and Family Welfare to form the panel within seven days.
It would comprise special directorate general, directorate general, two additional directors and one specialist in the field and shall ensure timely and hassle-free disposal of the claims to the pensioners, it directed.
“With regard to the slow and tardy pace of disposal of Medical Reimbursement Claims (MRC) by the CGHS in case of pensioner beneficiaries and the unnecessary harassment meted out to pensioners who are senior citizens, affecting them mentally, physically and financially, we are of the opinion that all such claims shall be attended by a secretary-level high powered committee in the ministry concerned which shall meet every month for quick disposal of such cases,” the bench said.
The directions came on a plea of a retired government servant who was denied a medical claim under the CGHS in 2014 for his treatment at Fortis Escorts Hospital in Delhi and Jaslok hospital in Mumbai due to the non-empanelment of the hospitals under the scheme.
The bench, which directed the ministry to give the petitioner Rs 4,99,555 spent by him on his treatment, also observed that the CGHS officials responsible for clearing medical claims took a “very inhuman approach” by denying him the full cost of his treatment.
“Can it be said that taking treatment in speciality hospital by itself would deprive a person to claim reimbursement solely on the ground that the said hospital is not included in the government order.
“The right to medical claim cannot be denied merely because the name of the hospital is not included in the government order. The real test must be the factum of treatment…,” it said. The court however made it clear that “the said decision is confined to this case only”….
It observed that authorities must be responsive and ensure medical care to senior citizens after retirement.
“The relevant authorities are required to be more responsive and cannot in a mechanical manner deprive an employee of his legitimate reimbursement. The CGHS was propounded with a purpose of providing health facility scheme to the central government employees so that they are not left without medical care after retirement,” it said.
The apex court, while directing the ministry to form the panel expeditiously, said there shall be a time-frame for finalisation and disbursement of the claim amounts of pensioners.
“In this view, we are of the opinion that after submitting the relevant papers for the claim by a pensioner, the same shall be reimbursed within a period of one month,” it said.
The court was hearing the petition filed by Shiva Kant Jha, seeking reimbursement on account of his treatment done in November 2013 for Rs 9,86,343 for his cardiac ailment involving the implant of CRT-D device and two sets of the bill amounting to Rs 3,98,097 for his treatment at Mumbai for cerebral stroke and paralytic attack.
He had claimed that he was denied the amount of Rs 4.99 lakh out of the entire amount on the ground that he did not seek approval of authorities for the device implant.
The court, taking note of the facts, said: “the law does not require that prior permission has to be taken in such situation where the survival of the person is the prime consideration.”
The bench said that the CGHS is responsible for taking care of healthcare needs and well-being of the central government employees and pensioners.
“In the facts and circumstances of the case, we are of opinion that the treatment of the petitioner in the non-empanelled hospital was genuine because there was no option left with him at the relevant time. We, therefore, direct the state to pay the balance amount of Rs 4,99,555 to the petitioner.                                                      (Unquote)
Infact, the Court stated that the decision is confined to this case only. It is also true that the CGHS entertains cases of medical claims on admission to unlisted private hospitals, in ‘emergency.’  In fact, at a meeting of the CC of CGPAs, Dr Kishore and Dr Aravind explained this point and the procedure, wherein the specific requirement was that the private hosp;ital. should certify in writing that the admission was a ‘case of emergency’.The reaction of the Govt to the aforesaid judgement must be awaited.

Hospitals under Defence and Railways:              The Press Information Bureau website (conveyed by Shri S Gurudas)  reported (March 28, 2018) that there are 112 Military hospitals, 12 Air Force hospitals and 9 Naval hospitals, in the country. It is found from that list, in Karnataka, we have 1 Military hospital in Belgaum, 1 (INHS Patanjali) in Karwar, and 1 Command hospital, in AF Station CHATB (sic) (Bangalore?). Additionally, there are Hospitals under the Railways.

It is not known whether the civilian personnel are entitled to get admitted to these hospitals on cashless basis, with a proper reference from the CGHS.

7th CPC :             We repeat we are not aware of the clear position on how many of the pensioners have got their Revised PPOs and corresponding Arrears (from 1.1.2016). Meantime, the CPAO New Delhi has issued the following OM d/ 19th April 2018, on ‘Common mistakes by PAOs in processing of Revision of Pension

7th CPC Pension Revision cases are to be settled in a time bound manner. This office is receiving more than 3000 pension revision cases on daily basis. However, it has been observed that about 5 to 10 percent cases are returned by this office to PAOS due to Various discrepancies. The reasons to return are indicated by this office in each case. To facilitate the PAOs, a list of common mistakes made by PAOs has been prepared and enclosed herewith at Annexure-A.
In view of above all the PAOs are requested to ensure that 7th CPC revision cases are sent correctly to CPAO to speed up the processing of the same in a time bound manner.
ANNEXURE―A
1.                   DATE OF DEATH OF PENSIONER NOT MENTIONED IN COLUMN 3(b. (FAMILY PENSION CASE)
2.                   APPLICABILITY OF COMMUTED PENSI0N MAY BE CHECKED WHETHER ITIS APPLICABLE OR NOT.
3.                   CLASS/CATEGORY OF PENSI0N UNDER COLUMN 1(g) MAY BE CHECKED.
4.                   NOTIONAL PAY SHOWN UNDER COLUMN 3(e) MAY BE CHECKED.
5.                   PAY/NOTIONAL PAY SHOWN IN COLUMN 3(e) ,DOES NOT MATCH WITH PAY FIXED UNDER 7th CPC AS SHOWN IN COLUMN 4(a).
6.                   LEVEL AND INDEX UNDER COLUMN 4(a) MAY BE CHECKED.
7.                   BASIC PENSI0N IS NOT MATCHING WITH THE LAST PAY DRAWN AS PER 7TH CPC.
8.                   PAY MATRIX FOR LEVEL-13 MAY BE CHECKED WITH REFERENCE T0 REVISED PAY MATRIX IN TERMS OF MINISTRY OF FINANCE DEPTT OF EXPENDITURE RESOLUTION DATED 16.05.2017
9.                   PAY MATRIX FOR LEVEL 14 MAY BE CHECKED WITH REFERENCE T0 REVISED PAY MATRIX IN TERMS OF DEPTT.OF PENSION & PENSIONERS WELFARE OM DATED- 13.09.2017

Autonomous bodies’ pensioners & 7CPC:  These pensioners have been virtually on war path for the extension of benefits of the 7CPC to them too. Their demonstrations continue. Recently, April 23, the Coffee Board Pensioners Assn staged a demonstration before the Board premises in Bangalore. Nearly 200 pensioners congregated. The Board asked them to discontinue the agitation, and give them some time. The Assn has given the Board time till end of May 2018, after which they might go on hungerstrike.  Aside, it is reported that ‘the ball’ is being tossed between the Commerce Minister and the Finance Minister. Good luck to these pensioners.



The State Scene

          Karnataka goes to one-day poll to the State Legislative Assembly on May 12, to elect 224 MLAs. Ruling Congress party is fighting hard to retain power from the growing strength of the BJP and the JD(S). The general pre-poll survey indicates ‘hung Assembly’. Anyway, by the time this PD reaches the members, the result is out.

          A member of this Assn campaigned in a constituency in Kolar district for nearly a year, on an understanding with a popular political party that he would get a ticket. Finally, he has not got it. We sympathise with his frustration, and wish that he would get elected/nominated to the Legislative Council in the months to come.

The Local (Assns) Scene

        Karnataka CGPA:      The Assn held its EC meeting in the office on April 30, with the last one held in January 2018. The meeting debated on the recent SC verdict on Admission of Govt servants/pensioners to un-empanelled hospitals. It was decided to wait for the outcome of the opinion of the Govt. It reviewed the Accts position, with Report given by Shri RSN Murthy and Shri Chitprakash. Once the Account is cleared by the Auditor, the next AGB would be contemplated. Though the Assn itself would list out the Elites for honour at the AGB, those members who are over 75 years as on Jan 1, 2018, may give their names, Membership numbers, telephone numbers and proof of Date of birth, for record. It was decided to increase the Office rent by Rs 100 per month. Responding to a strong Appeal by the BPS New Delhi for Funds, which is doing well vis a vis the interests of the pensioners, the Assn decided to send Rs 5000/- to the BPS. The Treasurer pointed out that 2 or 3 cheques sent by the members are being dishonoured by the Bank for one reason or the other, with each ‘dishonour’ being charged to the Assn account to the extent of Rs 200 or more. Please take care.

         
            Payments received:           Following payments have been received during April 2018. One member (he is very much indisposed , and we wish him well) has donated Rs 3000, TWO members have given Rs 2000 each and SIX members have given Rs 1000 each, along with others. We thank them all dearly.


Name
M.
NO.
Receipt No.
Dona-
tion
M Fee
       PD Subs.                      Rs.             Year 
Remarks
Balakrishna NP
  945
1972
1000

125
18-19

Balakrishnan K
1068
1973


500
18-22

Burman SC
1203
1969
  500




Chiprakash KS
  937
1970
1000




Gopal K
  101
1956
1000

125
18-19

Gopalan TN
  095
1960
3000




Hanumant R Jamakandi
  987
1963
  500

500
18-22

Murthy RSN
1036
1961
  500




Nair PSS
  529
1955


125
18-19

Neelakanta UR
  230
1962


125
18-19

Panthalu DMR
  278
1964


125
18-19

Prabhakar MK
1035
1952


125
18-19

Prabhakaran K
1068
1971
1000




Ramakrishna N
  313
1967


500
18-22

Ranganathan K
  331
1966
  400




Rangaswamy KS
  362
1958


250
18-20

Rao BSN
  854
1953
2000

500
18-22

Shantharaj R
1308
1957

500
250
18-20
New Member
Shivananda HK
1070
1968
  500

500
18-22

Srinivasan S
  469
1954
2000

500
19-23

Tilve NS
  823
1959
1000

125
18-19

Vidyasagar VJ
  706
1965
2000

375
18-21

















CORRIGENDUM







Srinivasan S (Feb 18 PD)
469
1906




Earlier Rect No.
cancelled
Rao BSN (Mar 18 PD)
854
1929




-do-

New member enrolled:         One new member has been enrolled during the month. We welcome him and wish him well.
Sl.No.
Name
Age/DOB
Department
Email/Telephone
Mobile No.
M.No.
1.
Shantharaj R
64
14.06.1954
IAS
Commissioner,
Backward Class
Welf. Dept
shantharajias@gmail.
com
77606 26046
1308


Miscellany Scene

Interest on FDs hiked from April 1  ?    :      Brig(Rtd) Narinder Dhind ( e-mail nkd616@gmail.com )has conveyed the following mail on the above subject. Please verify when acted upon. This is for senior citizens.

The rates of interest wef 01 Apr being offered by banks on FDs from 1 to 2 yrs, the period  which fetches best interest rate as compared to longer periods are shared with you all as placed below. It may be noted that senior citizens will be allowed deduction of Rs 50,000 on interest on FDs from your taxable income for the current Financial year 2018-19 in addition to the standard deduction of Rs 40,000/- The highest interest rate is offered by IDFC Bank (366 days) at 8.00%.



Bank
Description
Interest Rate
IDFC Bank
366 days
8.00%
IDFC Bank
361 – 1095 days
7.75%
Karnataka Bank
450 Days
7.75%
Yes Bank
18 Months 8 Days to 18 Months 18 Days
7.60%
Karnataka Bank
1 year to 2 years
7.60%
DCB Bank
6 months to less than 15 months
7.50%
Standard Charted Bank
21 Months – 2 Years
7.50%
Yes Bank
1 Year <= 10 years
7.50%
Standard Charted Bank
18 Months – 21 Months
7.45%
Standard Charted Bank
1 Year – 375 days
7.40%
Axis Bank
17 months < 10 Years
7.40%
South Indian Bank
600 Days
7.40%
Kotak Mahindra Bank
390 Days (12 months 25 days)
7.40%
City Union Bank
365 days – 5 Years
7.35%
Indus Ind Bank
1 Years to below 1 Years 2 Months
7.35%
Kotak Mahindra Bank
365 Days to 23 Months
7.30%
Syndicate Bank
1 year to 2 years
7.25%
Union Bank of India
10 Month to 14 Month
7.25%
Axis Bank
1 Year < 17 months
7.25%
Deutsche Bank
1 Year to 2 Years
7.25%
Federal Bank
Above 1 year to 2 years
7.25%
HDFC Bank
1 year 1 day – 1 year 3 days
7.25%
Indus Ind Bank
1 Years 2 Months to below 2 Years
7.25%
Lakshmi Vilas Bank
725 Days
7.25%
Bank of Baroda
Above 1 year to 400 days
7.20%
Kotak Mahindra Bank
23 Months to less than 3 years
7.20%
Federal Bank
1 year
7..20%
Federal Bank
15 Months
7.20%
Bank of Baroda
Above 1 year to 400 days
7.15%
Lakshmi Vilas Bank
17 Months to less than 30 Months
7.15%
Bank of India
1 Year & above to less than 2 Yrs
7.10%
Central Bank of India
1 yr to less than 2 yrs
7.10%
Corporation Bank
444 days only
7.10%
Dhanalakshmi Bank
1 Year and above upto & inclusive of 2 years
7.10%
Lakshmi Vilas Bank
1 Year to less than 17 months
7.10%
Oriental Bank of Commerce
1 year to less than 2 year
7.10%
South Indian Bank
1 year to 2 years
7.05%
State Bank of India
Government Bank Benchmark
6.90% – 7.10%
ICICI Bank
Private Bank Benchmark
7.10% – 7.25%
Post Office FD (1 year)
Post Office
6.60%
Post Office FD (2 years)
Post Office
6.70%


Obituary

   Shri RYN Iyengar,  84 yrs, M No.815, expired on March 22, 2018. He loved the PD issues, and would ask for it every month.
We pray for peace to his soul, and the required strength to his family.


A Quote

        ANGER comes alone
        But takes away all the good qualities from us;

        PATIENCE too comes alone
        But brings all good qualities to us.

        Choice is ours!
       
n   (From WhatsApp Msgs)
         















THE KARNATAKA

CENTRAL GOVERNMENT PENSIONERS’ ASSOCIATION®
(Estd  : 1974)                                                                                                      (Regd : 1983)
RNI  Regn. No.KARENG/2008/27233                        Postal Regn.No.KARN/BGE/200/2018-2020
             Licensed to post without pre-payment               License No.WPP-352             
(Letter No. KRNA/BGE/200/2018-20 d/ 18 Dec 2017 of DoP, Sr Supdt of POs, B’luru East Dn, B’lore 560025)


                  PENSIONERS’  DIGEST

                             MAY    2018

     “Swarna”, 120/1, 2nd Main, Gayatri Devi Park Extension, Vyalikaval, Bengaluru 560 003

               

                                                                                              
PENSIONERS’ DIGEST
 MAY   2018

                                           (Subscription:   Rs 125/- per financial year)
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              RNI  Regn. No.KARENG/2008/27233                            Postal Regn.No.KRNA/BGE/200/2018-202
              Licensed to post without pre-payment               License No.WPP-352             
(Letter No.KRNA/BGE/200/2018-20 d/ 18 Dec 2017 of DoP, Sr Supdt of POs, B’luru East Dn, B’luru  560025)
             
                                Posted at Bangalore Sorting Divn, RMS Bhavan, Bengaluru 26, in bulk, on 11th of each month.
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S/Shri/Smt:



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If undelivered,        please return to:
The Karnataka CGPA, “Swarna”, 120/1, 2nd Main, Gayatri Devi Park Extension, Vyalikaval,  Bengaluru 560 003
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Written & Edited by Shri S S Ramanatha Rao, and Published by Shri S Gurudas, for and on behalf of The Karnataka Central Government Pensioners’ Association, “Swarna”, No.120/1, 2nd Main, Gayatri Devi Park Extension, Vyalikaval,, Bengaluru 560003; and Printed by Shri V Sathianarayanan, at M/s GH Enterprises, No. 128, Dharmaraja Koil Street, Bengaluru 560001.


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