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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)
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Email ID: cgpakarn@gmail.com Tel:
23468438
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RNI Regn No:
KRENG/2008/27233 Postal
Regn No: KRNA/BGE/200/1.1.2018-2020
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President Vice-President Secretary Treasurer
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S S Ramanatha
Rao VP Sreedhara Murthy Ashok S Kololgi RSN Murthy
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Tel: 2661 9394 Tel:9980296616 Tel: 9448469351 Tel: 9731663662
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Vol.X : Issue 9 (Pps ) MAY 2018 Subscription: Rs 125 p.a.
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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This Act had to be excluded from the list of the obsolete Acts to be repealed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.
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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.
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.
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Name
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M.
NO.
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Receipt No.
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Dona-
tion
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M Fee
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PD Subs. Rs. Year
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Remarks
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Balakrishna NP
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945
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1972
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1000
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125
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18-19
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Balakrishnan K
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1068
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1973
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500
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18-22
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Burman SC
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1203
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1969
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500
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Chiprakash KS
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937
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1970
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1000
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Gopal K
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101
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1956
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1000
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125
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18-19
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Gopalan TN
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095
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1960
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3000
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Hanumant R Jamakandi
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987
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1963
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500
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500
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18-22
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Murthy RSN
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1036
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1961
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500
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Nair PSS
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529
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1955
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125
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18-19
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Neelakanta UR
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230
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1962
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125
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18-19
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Panthalu DMR
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278
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1964
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125
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18-19
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Prabhakar MK
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1035
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1952
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125
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18-19
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Prabhakaran K
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1068
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1971
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1000
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Ramakrishna N
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313
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1967
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500
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18-22
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Ranganathan K
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331
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1966
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400
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Rangaswamy KS
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362
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1958
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250
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18-20
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Rao BSN
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854
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1953
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2000
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500
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18-22
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Shantharaj R
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1308
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1957
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500
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250
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18-20
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New Member
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Shivananda HK
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1070
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1968
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500
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500
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18-22
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Srinivasan S
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469
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1954
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2000
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500
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19-23
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Tilve NS
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823
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1959
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1000
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125
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18-19
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Vidyasagar VJ
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706
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1965
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2000
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375
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18-21
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CORRIGENDUM
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Srinivasan S (Feb 18 PD)
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469
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1906
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Earlier Rect No.
cancelled
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Rao BSN (Mar 18 PD)
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854
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1929
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-do-
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New member enrolled: One new member
has been enrolled during the month. We welcome him and wish him well.
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Sl.No.
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Name
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Age/DOB
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Department
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Email/Telephone
Mobile No.
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M.No.
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1.
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Shantharaj R
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64
14.06.1954
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IAS
Commissioner,
Backward
Class
Welf. Dept
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shantharajias@gmail.
com
77606 26046
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1308
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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%.
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Bank
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Description
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Interest Rate
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IDFC Bank
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366 days
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8.00%
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IDFC Bank
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361 – 1095 days
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7.75%
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Karnataka Bank
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450 Days
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7.75%
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Yes Bank
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18 Months 8 Days
to 18 Months 18 Days
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7.60%
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Karnataka Bank
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1 year to 2 years
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7.60%
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DCB Bank
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6 months to less
than 15 months
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7.50%
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Standard Charted
Bank
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21 Months – 2
Years
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7.50%
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Yes Bank
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1 Year <= 10
years
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7.50%
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Standard Charted
Bank
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18 Months – 21
Months
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7.45%
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Standard Charted
Bank
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1 Year – 375 days
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7.40%
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Axis Bank
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17 months < 10
Years
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7.40%
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South Indian Bank
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600 Days
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7.40%
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Kotak Mahindra
Bank
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390 Days (12
months 25 days)
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7.40%
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City Union Bank
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365 days – 5
Years
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7.35%
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|
Indus Ind Bank
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1 Years to below
1 Years 2 Months
|
7.35%
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Kotak Mahindra
Bank
|
365 Days to 23
Months
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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.
--------------------------------------------------------------------------------------------------------------------------------
S/Shri/Smt:
-------------------------------------------------------------------------------------------------------------------------
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.
