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DESW Order dt 04.09.2017 - 7th CPC Pension/Gratuity/ Commutation/Family Pension i.r.o. CO/JCO/OR retiring/dying on or after 01.01.2016

September 5, 2017, 4:42 am
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No. 17(02)/2016-D(Pen/Pol)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi

Dated 4th September 2017

To

The Chief of the Army Staff 

The Chief of the Naval Staff

The Chief of the Air Staff

Sub: Implementation of the Government decision on the recommendations of the Seventh Central Pay Commission - Revision of provisions regulating Pension/ Gratuity/ Commutation of Pension/ Family Pension including pensionary awards notified in terms of Casualty pensionary awards in respect of Commissioned Officers, Junior Commissioned Officers Other Ranks, Retiring or dying in harness on or after 1.1.2016.

Sir,

The undersigned is directed to refer to the Government's decisions on the recommendations of the Seventh Central Pay Commission notified vide Government of India, Ministry of Defence, Department of Ex-Servicemen Welfare Resolution bearing No 17(l)/2014/D(Pension/Policy) dated 30.9.2016, recommendations of National Anomaly Committee on methodology for calculation of disability element for Defence Forces and Ministry of Personnel, Public Grievances and Pension, Department of Pension” and Pensioners' Welfare Office Memorandum No. 38/37/2016 - P&PW(A) (i) dated 4.8.2016 as modified vide OM F No 42/14/2016-P&PW(G) dated 24.10.2016. Sanction of the President is hereby accorded for modification in the rules regulating Pension, Family pension, Retirement/ Death/Service Gratuity, Commutation of pension, pensionary awards under casualty pensionary awards including Ex-gratia lump sum compensation in cases of invalidment etc., to the extent specified in this letter.

2. The provisions of the Pension Regulations, 2008 of Army and various Services Regulations, Instructions and Government Orders issued by this Ministry from time to time, which are not affected by the provisions of this letter, shall remain unchanged.

3. DATE OF EFFECT

3.1 The revised provisions of this letter shall apply to the Commissioned Officers (including MNS and Territorial Army Officers), Junior Commissioned Officers and Other Ranks of the three Services, Non-Combatants (Enrolled) in the Air Force, Defence Security Corps and the Territorial Army (hereinafter collectively referred to as Armed Forces Personnel) who retired/discharged! released/invalided out or died in harness on or after 1.1..2016. Separate orders have already been issued in respect of Armed Forces Personnel who retired/died before 1.1.2016.

3.2 Where Pension! Family Pension/ Death Gratuity/ Retirement Gratuity/ Commuted Value of Pension or pensionary awards under casualty pensionary awards has already been sanctioned provisionally, or otherwise, in cases of retirement/death occurring on or after 1.1.2016, the same shall be revised in terms of these orders. In cases where pension has been finally sanctioned under the pre-revised orders and if it happens to be more beneficial than the pension becoming due under these orders, the pension already sanctioned shall not be revised to the disadvantage of pensioner.

4. RECKONABLE EMOLUMENTS

4.1 The term ‘Reckonable Emoluments' for the purpose of calculating various-pensionary benefits other than various kinds of Gratuities, shall consist the following-

4.1.1 Commissioned Officers: Pay in the Pay Matrix, Military Service Pay and Non Practicing Allowance, if any, last drawn by the officer (Refer - Army Officer Pay Rules-2016, Air Force Officer Pay Rules-2017, Navy Officer Pay Regulations-2017 as may be the case)

4.1.2 Junior Commissioned Officers & Other Ranks: Pay in the Pay Matrix, Military Service Pay, and 'X’ Group Pay & Classification Allowance, if any, last drawn by the JCOs/ORs ”(Refer - Army Pay Rules-2017, Air Force Pay Rules-2017, Navy Pay Regulations-2017 as may be the case).

4.2 For calculation of all kinds of gratuities, dearness allowance admissible on the date of retirement/discharge/invalided out/death, shall continue to be treated as part of emoluments along with the emoluments as defined in para 4.1 above.

4.3 SPECIAL PROVISIONS FOR THOSE WHO OPTED TO CONTINUE T.O DRAW PAY IN THE PRE-REVISED SCALE OF PAY

4.3.1 Those who have elected to continue to draw pay in the pre-revised scale of pay and have retired/ discharged/ invalided out of service on or after 1.1.2016, “their pension and gratuity, as applicable, shall be calculated under the rules in force immediately before coming into effect of these-orders”.

4.3.2 The term 'Reckonable Emoluments‘ for the purpose of pensionary benefits under this Para 4.3.1 shall be the same as defined in para 3.1 of this Ministry's letter No 17(4)/2008(2)/ D(Pen/Pol) dated 12.11.2008 and shall also include Dearness Allowance notified under Sixth CPC Pay structure.

4.3.3 Entitlement of gratuity shall be determined, under the order in force-immediately before coming into effect of these orders subject to the maximum ceiling as prescribed in Para 8 of this Ministry's letter No. 17(4)/2008(2)/D (Pen/Pol) dated 12.11.2008.

4.3.4 Family Pension shall also be allowed in accordance with orders applicable prior to the issue of these orders.

4.4 In the case of Commissioned Officers and JCOs/ORs who have opted for the revised pay structure and have retired/discharged within 10 months from the date of coming over to the revised pay structure, the average emoluments for 10 months period preceding retirement/discharge will be calculated by taking into account pay as follows:-

(a) For the period during which pay is drawn in the revised payPay drawn in the prescribed Pay Matrix plus structure Military Service Pay, 'X‘ Group pay and whole of Classification Allowance (where applicable in case of JCOs/ORs) and Non Practicing Allowance, if any.(b) For the period during which pay was drawn in the pre-revised pay scalesPay determined after applying multiplying factor of 2.57 to the sum of existing pay in the Pay Band, Grade Pay, Military Service Pay, ‘X‘ Group Pay (in case of JCOs/ORs) and NPA, if any, drawn during the relevant period plus whole of classification allowance, if an ,drawn by JCOs/OR.

5. QUALIFYING SERVICE


5.1 The minimum period of qualifying service prescribed for earning various kind of pension and gratuity by Defence Forces personnel, shall continue as hithertofore. There shall also be no change in the provisions for determining reckonable qualifying service for calculating pension and gratuity.-

6. PENSION


6.1 Subject to para 6.2, there shall be no change in the provisions regulating the amount of pensions including pension determined under casualty pensionary awards. However, the provisions for determining pension based on, notional maximum of pre-revised pay scale in respect of JCOs/OR, shall be discontinued.

6.2 The amount of pension shall be subject to a minimum of Rs 9,000/- and the maximum pension would be 50% of highest pay in the Government (the highest pay in the Government is Rs 2,50,000/- with effect from 1.1.2016). However, the maximum ceiling'shall be applicable only in the case of Service/Retiring Pension, Service element of Disability/ Liberalized disability/ War Injury Pension and Ordinary Family Pension. The said ceiling is not applicable in the cases of Disability/ Liberalized Disability/ War injury element, being authorized under casualty pensionary awards.

6.3 The quantum of additional pension/family pension available to the old pensioners/family pensioners shall be continue to be as follows-

Age of pensioner / family pensionerAdditional quantum of pensionFrom 80 years to less than 85 years20% of revised basic pension/ family pensionFrom 85 years to less than 90 years30% of revised basic pension /family pensionFrom 90 years to less than 95 years40% of revised basic pension / family pensionFrom 95 years to less than 100 years50% of revised basic pension / family pension100 years or more100% of revised basic pension/ family pension

The Pension Sanctioning Authorities should ensure that the date of birth and the age of a pensioner! family pensioner, are invariably indicated in the Pension Payment Order to facilitate payment of additional pension by the Pension Disbursing Agencies as soon as it becomes due. Dearness relief shall also be admissible on the additional pension available to old pensioners/family pensioners.

Note: The additional pension payable to old pensioners/ family pensioners of 80 years of age and above shall also be applicable to old pensioners/ family pensioners of 80 years of age and above in receipt of War injury pension! Disability pension/ Liberalized family pension! Special family pension.

7. GRATUITY

7.1 The maximum limit of all kinds of Gratuity is. Retiring/ Retirement /Service Invalid/ Special/ Terminal/ Death Gratuity shall be Rs. 20 lakhs. This ceiling on gratuity shall be increased by 25% whenever the Dearness Allowance rises by 50% of the basic pay.

7.2 DEATH GRATUITY

The rates for payment of death gratuity shall be as under:

Length of qualifying serviceRate of Death GratuityLess than One year2 times of monthly emolumentsOne Year or more but less than 5 years6 times of monthly emoluments5 years or more but less than 11 years12 times of monthly emoluments11 years or more but less than 20 years20 times of monthly emoluments20 years or moreHalf month's emoluments for every six monthly period of qualifying service subject to a maximum of 33 times of emoluments.

8. FAMILY PENSION

8.1 Subject to para 8.2, there shall be no change in the provisions regulating the amount of various kinds of family pensions including family pension determined under casualty pensionary awards and additional family pension applicable to old family pensioners.

8.2 . The amount of all kind of family pension shall be subject to a minimum of Rs 9,000/-. The maximum amount of normal rate and enhanced rate of ordinary family pension shall be 30% and 50% respectively of highest pay in the Government which is Rs 250,000/- with effect from 1.1.2016. The maximum ceiling is, however, not applicable in the cases of Special Family! Liberalized Family Pension etc., applicable under casualty pensionary awards.

8.3 The dependency criteria for the purpose of family pension shall continue to be the minimum family pension along with Dearness Relief thereon.

9. Ex-GRATIA LUMP SUM COMPENSATION IN CASES OF INVALIDMENT

9.1 - The Ex-gratia lump Sum compensation to Defence Service personnel who are boarded but of service on account of disability/ war injury attributable to or aggravated by military service, shall be paid @ Rs 20 lakh for 100% disability subject to provisions as stipulated in this Ministry's letter No. 2(2)/2011/D(Pea/Pol) dated 26.12.2011. For disability/ war injury less than 100% but not less than 20%, the amount of Ex-gratia compensation shall be proportionately reduced. No Ex-gratia lump sum compensation shall be payable for disability/ war injury less than 20%. The proportionate compensation would be based on actual percentage of disability as certified by the Invaliding Medical-Board, without applying broad banding provisions as contained in Para 7.2 of this Ministry‘s letter No 1(2)!97/D(Pen-C) dated 31.01.2001.

10. BROAD-BANDING OF PERCENTAGE OF DISABILITY/WAR INJURY ON DISCHARGE

10.1 Where an Armed Forces personnel is discharged/retired under the circumstances mentioned in Para 4.1 of this Ministry's letter No l(2)/97/D(Pen-C) dated 311.2001 with disability including cases covered under this Ministry's letter “No 16(5)/2008/D(Pen/Policy) dated 29.9.2009 and the disability/ war injury has been accepted as 20% and more, the extent of disability or functional incapacity shall be determined in the manner prescribed in Para 7.2 of said letter dated 31.1.2001 for the purpose of computing disability! war injury. 

10.2 Rates for calculation of disability where composite assessment is made due to existence of disability, as well as war injury, shall be determined in terms of provision contained in Para 3(b) of Ministry’s letter No. 16(02)/2015-D(Pen/Pol) dated 8th August 2016.

11. EX-GRATIA AWARDS TO CADET (DIRECT)

11.1 In cases of disablement ! death, following Ex-gratia award shall be payable subject to the same conditions as hitherto in force in the event of invalidment on medical ground / death of a Cadet (Direct) due to causes attributable to or aggravated by military training.

11.1.1 Monthly Ex-gratia amount of Rs 9,000/- per month.

11.1.2 In cases of disablement, Ex-gratia disability award @ Rs 16,200/- per month shall be payable in addition for 100% of disability during period of disablement subject to prorata reduction in case the degree of disablement is less than 100%. No disability award shall be payable in cases where the degree of disablement is less than 20%.

11.1.3 In cases of death, Ex-gratia amount of Rs 12.5 Iakhs.

11.1.4 The Ex-gratia awards to Cadets (Direct)! NoK, shall be sanctioned purely on ex-gratia basis and the same shall not be treated as pension for any purpose.

However, dearness relief at applicable rates shall be granted on monthly ex-gratia as well as ex-gratia disability award.

12. CONSTANT ATTENDANT ALLOWANCE (CAA)

12.1 "Constant Attendant Allowance shall continue to be admissible under the condition as hithertofore at the existing rate from 1.1.2016 to 30.06.2017. However, it shall be admissible at the uniform rate of Rs. 6750!- per month, irrespective of the rank with effect from 1.7.2017.”

13. COMMUTATION OF PENSION:

13.1 There shall be no change in the provisions relating to commutation values, the limit upto that the pension can be commuted or the period after which the commuted pension is to be restored.

13.2 The pensioners who have retired between 1.1.2016 and date of issue of orders for revised pay/ pension based on the recommendations of the 7th CPC, shall have an option, in relaxation of provisions of relevant Pension Regulations, not to commute the pension which has become additionally commutable on retrospective revision of pay / pension on implementation of recommendations of the 7th CPC, Option form to be used for this purpose shall be prescribed by the PCDA (Pension), Allahabad along with their implementation instructions.

13.3 The option may be invited only from those who Want to commute their pension which has become additionally commutable as per Para 13.2 above and no commutation shall be allowed as a default. In such cases, RO/HOO/PSAs will finalize the cases without waiting for Option for commutation of additional pension and such option, if any, received later on (within four months from the date of issue of this letter) may be processed separately for additional commutation. Option for additional commutation on the basis of revised pension once exercised would be final and in no case it would be entertained at a later stage. Service Hqrs may be deputed as Nodal agencies to carry out such exercise with the respective ROs for the speedy implementation of work and forward such cases to PSAs.

GENERAL INSTRUCTIONS

14. The amount of various pensionary awards admissible in terms of this order, shall be round-ed off to the next higher rupee by the Pension Sanctioning Authorities.

15. If the amount of any monthly pension! family pension admissible under the provisions of this letter works out to be less than Rs 9,000/- per month, it shall be stepped up to Rs 9,000!- per month and authorized for payment at this rate.

16. The pension/ family pension notified in terms of these orders from 1.1.2016 or thereafter, shall qualify for dearness relief sanctioned by the Government from time to time in accordance with the relevant rules! instructions.

PROCEDURE FOR SANCTION OF'REVISED PENSION TO THOSE WHO HAVE ALREADY RETIRED

17. For revision of pensionary awards as per provisions of this letter in respect of Armed Forces personnel who have already retired/ discharged/ invalided out/ died on or after 1.1.2016 and in whose cases, pensionary benefits at pre-revised rates have already been notified, the Record Offices concerned in case of JCOs/ORs and PCDA(O) Pune/ Naval Pay Office Mumbai/ AFCAO, New Delhi, as the case may be in respect of commissioned officers, will initiate and forward revised LPC-cum-Data Sheet as prescribed by PCDA(Pensions), Allahabad, to their respective Pension Sanctioning Authorities (PSAs) for issue of Corrigendum PPOs notifying the revised pensionary awards. Further, implementation instructions to all concerned, shall be issued by PCDA (Pensions), Allahabad immediately on receipt of these orders.

18. Pension Regulations of the three Services, shall be amended in due course.

19. This issues with the concurrence of the Finance Division of this Ministry vide their ID Note No.10(03)/2017/Fin/Pen dated 30.08.2017.

20. Hindi version will follow.

Yours faithfully

(Manoj Sinha)

Under Secretary to the Government of India

Source: Click on image to view download signed PDF

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7th CPC Revision of Pension of Pre-2016 Defence forces Pensioners/family Pensioners: DESW Order 04.09.2017 in view of NAC decision

September 5, 2017, 4:52 am
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No. 17(01)/2017(01)/D(Pension/Policy)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi, Dated 4th September, 2017

To

The Chief of the Army Staff

The Chief of the Naval Staff

The Chief of the Air Staff

Subject-Implementation of Government’s decision on the recommendations of the 7th Central Pay Commission (CPC) - Revision of pension of pro-1.1.2016 Defence Forces pensioners/ family pensioners etc.

Sir,

The undersigned is directed to refer to this Ministry's letter No. 17(01)/2016 D(Pen/Pol) dated 29th October 2016 for revision of pension of pre-2016 Defence Forces pensioners/ family pensioners in implementation of the Government decisions on the recommendations of the 7th CPC. As per para 9 of this Ministry's said order dated 29th October 2016 the revision of disability element of disability pension was held in abeyance pending decision of National Anomaly Committee to whom matter was referred by MoD to decide methodology for calculation of disability element of disability pension under 7th CPC. The National Anomaly Committee has recommended that parity with Civilians for grant of Disability element which was granted to Defence Forces under 6th CPC, shall be maintained.

2. The recommendations of the National Anomaly Committee have been considered by the Government. In partial modification of Ministry's order dated 29th October 2016, the President is now pleased to decide that Disability element of disability pension for Defence Forces Pensioners shall also be revised by multiplying the existing rate of disability element as had been drawn on 31.12.2015 by factor of 2.57 to arrive at revised rate of disability element as on 1.1.2016. The amount of revised disability element so arrived shall be round-ed off to next higher rupee.

3. Para 13 of this Ministry's above quoted letter dated 29.10.2016 regarding “Ex-gratia awards to Cadets in cases of disablement” shall be replaced with the following:

13. EX-GRATIA AWARDS TO CADET (DIRECT) The ex-gratia award payable to Cadet (Direct)/ NoKs in cases of disablement / death shall be payable subject to the same conditions as hitherto in force in the event of invalidment on medical ground / death of a Cadet (Direct) due to causes attributable to or aggravated by military training

(i) Monthly Ex-gratia amount of Rs 9,000/- per month

(ii) In cases of disablement, Ex-gratia disability award @ Rs 16,200/- per month shall be payable in addition for 100% of disability during period of disablement subject to prorata reduction in case the degree of disablement is less than 100%. "No ex-gratia disability award shall be payable in cases where the degree of disablement is less than 20%.”

4. The dearness relief sanctioned by the Government from 1.1.2016 and thereafter, shall also be paid on rates of disability element and monthly ex-gratia award to Cadet(Direct), revised in accordance with the provision of this letter.

5. Vide para 10(ii) of MOD order dated 29.10.2016, it was ordered to pay the Constant Attendance Allowance(CAA) at the existing rate since matter regarding grant of Allowances was under examination by the Committee on Allowances (CoA). in this regard, Ministry of Finance vide Resolution dated 6th July 2017 (Appendix II item 37 has accepted the recommendation of 7th CPC to enhance the existing Constant Attendance Allowance @ 4500/ p.m. by 50%. DoP&PW vide O.M No. 1/4/2017-P&PW(F) dated 2.8.2017 has issued orders in this-regard for civilian pensioners. Accordingly, for Armed Forces personnel the Constant Attendant Allowance shall continue to be admissible under the condition as hitherto fore at the existing rate from 1.1.2016 to 30.06.2017. However, it shall now be admissible at the enhanced uniform rate of Rs. 6750/- per month, irrespective of the rank with effect from 1.7.2017.

6. With reference to the provisions contained in Para 5.4 of this Ministry's letter dated 29th October, 2016, it is further clarified that the maximum ceiling shall be applicable only in the case of Service/Retiring Pension, Service element of Disability/ liberalized disability /War Injury Pension and Ordinary family Pension. The said ceiling is not applicable in the cases of Disability/ Liberalised Disability/ War injury element. Special Family/ Liberalized Family Pension etc. applicable under casualty pensionary awards.

7. The provisions of this Ministry's letter dated 29th October 2016, which are not affected by the provisions of this letter, shall remain unchanged.

8. The provisions of this letter shall take effect from 1.1.2016

9. This issues with the concurrence of Finance Division of this Ministry their U.O. No. Part File (1) to (30)(01)/2016/Fin/Pen dated 14th August 2017.

10. Hindi version will follow.

Yours faithfully,

(Manoj Sinha)

Under Secretary to the Government of India

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Concessional telephone facility to serving employees of BSNL —Free Nightcalling facility regarding

September 6, 2017, 10:22 pm
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 BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

PHA Section

Admn. Branch Corporate Office

Bharat Sanchar Bhawan New Delhi

No. 2-03/2007-PHA (Pt. ).                                                                                                               Dated: August 29, 201 

CIRCULAR No.06/2017-PH  

.Subject: ​Concessional telephone facility to serving employees of BSNL —Free Night.    

calling facility regarding

In continuation to this office circular No.18/2007-PHA dated ​20.09.2007 the competent authority has reviewed and approved the extension of Free Night calling facility to BSNL serving Group B,C & D employees having residential service telephone connection and concessional telephones connection as extended to any other subscribers and retired BSNL employees.

All other terms and conditions of circulars issued earlier regarding the policy guidelines shall remain unchanged .

 

Hindi version of this circular will follow. 

(S.K.Bhardwaj

AGM(Admn-P

 

All Chief General Managers,

Telecom circles/Telephone Districts Bharat Sanchar Nigam Limited.

 

Copy for necessary action to:

1. CGM(IT), Project circle, BSNL ,Pune.

2. GM(Finance-CFA), BSNL corporate office, New Delhi

3. GM(IT),BSNL Corporate office New Delhi

4. DGM(OL),BSNL Corporate office for Hindi Version .

 

Copy for information to:

1. PPS to Chairman & Managing director, BSNL.

2. PS to All Directors of the BSNL Board and CVO BSNL.

3. Company Secy./CGM (Legal) /PGMs/Sr.GMs/GMs/,BSNL CO. New Delhi.

4. BSNL Intranet site.

5. All recognized staff Unions/Executives associations.

6. Guard file.​).•

(S.K.Bhardwa.​2Ji/

AGM(Admn-P A)

Regd. & Corp. Office Bharat Sanchar Bhavan, HC Mathur Lane, Janpath, New Delhi 110 001 ​CIN U74899DL2000G01107739

www.bsnl.co.in

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Concessional telephone facility to retired/retiring employees of BSNL policy reg - 16.8.17 & 29.8.17

September 7, 2017, 3:00 am
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 BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)
PHA Section
Admn. Branch Corporate Office
Bharat Sanchar Bhawan New Delhi
No. 2-03/2007-PHA (Pt. ).                                                                                                                                                                                                                                   Dated: August 29, 201 
CIRCULAR No.06/2017-PH  
.Subject: ​Concessional telephone facility to serving employees of BSNL —Free Night.    
calling facility regarding
In continuation to this office circular No.18/2007-PHA dated ​20.09.2007 the competent authority has reviewed and approved the extension of Free Night calling facility to BSNL serving Group B,C & D employees having residential service telephone connection and concessional telephones connection as extended to any other subscribers and retired BSNL employees.
All other terms and conditions of circulars issued earlier regarding the policy guidelines shall remain unchanged .

Hindi version of this circular will follow. 
(S.K.Bhardwaj
AGM(Admn-P

All Chief General Managers,
Telecom circles/Telephone Districts Bharat Sanchar Nigam Limited.

Copy for necessary action to:
1. CGM(IT), Project circle, BSNL ,Pune.
2. GM(Finance-CFA), BSNL corporate office, New Delhi
3. GM(IT),BSNL Corporate office New Delhi
4. DGM(OL),BSNL Corporate office for Hindi Version .

Copy for information to:
1. PPS to Chairman & Managing director, BSNL.
2. PS to All Directors of the BSNL Board and CVO BSNL.
3. Company Secy./CGM (Legal) /PGMs/Sr.GMs/GMs/,BSNL CO. New Delhi.
4. BSNL Intranet site.
5. All recognized staff Unions/Executives associations.
6. Guard file.​).•
(S.K.Bhardwa.​2Ji/
AGM(Admn-P A)
Regd. & Corp. Office Bharat Sanchar Bhavan, HC Mathur Lane, Janpath, New Delhi 110 001 ​CIN U74899DL2000G01107739
www.bsnl.co.in

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Enhancement of Wage Ceiling under Payment of Wages Act, 1936 to Rs.24,000/- p.m.

September 7, 2017, 4:14 am
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minimum-wages-ceiling-limit-enhancement-notification

MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 28th August, 2017

S.O. 2806(E).—In exercise of the powers conferred by sub-section (6) of section 1 of the Payment of Wages Act, 1936 ( 4 of 1936), the Central Government, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organization, hereby specifies rupees twenty four thousand per month as the wages under said sub-section (6).

[F. No. S-31018/3/2007-WC]
N. K. SANTOSHI, Dy. Director General




Sub-section (6) of section 1 -
Definition [(6) This Act applies to wages payable to an employed person in respect of a a wage period if such wages for that wage period do not exceed six thousand five hundred rupees  rupees twenty four thousand per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification in the Official Gazette, specify.] 





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The opposition to NEET is a smokescreen to hide inequalities and exploitation

September 8, 2017, 3:42 am
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The purpose of medical education is to train medical personnel to handle the medical care needs of the country. It is obvious that any democratic government will try to elucidate what these needs are and tailor the education system to fulfil what is required. Right from the Bhore Committee (1946) to the Mudaliar Committee (1962) and the Shrivastav Committee (1975) to the Bajaj Committee (1986) and including the High Level Expert Group on Universal Health Coverage (2011), the question of what type of medical personnel the country should train has been examined. All these committees are unanimous in their opinion that the country needs a large number of basic doctors. It is not sufficient to state what type of doctors should be trained. It is necessary also to define where they will be employed and who will pay the bills. In short, medical education is the beginning of a process to produce a cadre of personnel who need to be deployed rationally to achieve the health goals of the country.
The piecemeal approach to the problem of providing medical care in India, treating medical education as though it can be separated from medical employment, is responsible for the continuing crisis in medical services and admissions to medical colleges. Numerous commentators have remarked upon the skewed distribution of medical personnel with over 75% of doctors in urban areas where only a third of the people live. A large number of post-graduate doctors and super specialists are underemployed. The problem starts right at the stage of medical admission.

Semblance of quality

Every country should seek to train persons with the best aptitude for a particular task. In doctors, intelligence and empathy are highly prized. It is difficult to measure empathy and most democratic countries use a test of intelligence as a screen to admit medical students because everywhere there are more candidates than seats available. In India, one can accept that because of centuries of deprivation, certain communities need affirmative action in the form of reservation. However, it is very difficult to accept that expensive private medical education is useful for the country. Permitting private medical education was clearly a concession to powerful pressure groups who sought to circumvent the difficult entry barriers to medical education by buying their way. These colleges are filled with the children of doctors, bureaucrats, businessmen and others who seek the social recognition that a medical degree bestows. Anybody with money, irrespective of aptitude, gained entry to some of these colleges. Every year the amounts illegally charged rose by leaps and bounds. Governments were complicit. This egregious state of affairs led to several persons approaching courts. Some semblance of quality has been sought to be restored by the National Eligibility cum Entrance Test (NEET). Private colleges can no longer admit whoever pays the highest even if the examination marks are very low. The rule of reservation is applied after the test scores are obtained. Therefore, it satisfies the need for affirmative action. Unlike marks in the twelfth standard, which can be only obtained once, NEET offers a candidate the chance of another attempt. What the syllabus should be and who should conduct the test can be negotiated.
Inequality among qualified doctors is quite high. The economically well-off can aspire to better jobs, training abroad (still much sought after in spite of all nationalist talk), and generally adopt metropolitan lifestyles. Doctors from poorer backgrounds will need to struggle a lot more. All this can be changed if the government abolishes private practice, institutes universal medical care and becomes the employer of all medical graduates, similar to the National Health Service of the U.K. All medical graduates will be on the same level playing field. Patients will benefit a lot. The deprivation of patients in rural areas will vanish. Unhealthy competition for patients in urban areas will disappear too. No Central or State government has shown any interest in this obvious solution which will benefit the ordinary citizen and the vast majority of doctors from humble backgrounds. The opposition to NEET is a smokescreen to hide the real truth, the abysmal level of medical care services and the continued exploitation of poor patients and the doctors who serve them.
George Thomas is an orthopaedic surgeon at St. Isabel’s Hospital, Chennai
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Doctors NPA

September 8, 2017, 7:22 am
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Cabinet approves release of additional 1% Dearness Allowance to Central Government employees and Dearness Relief to pensioners w.e.f. 01.07.2017 

September 12, 2017, 6:24 am
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Cabinet12-September, 2017 16:58 IST

Cabinet approves release of additional 1% Dearness Allowance to Central Government employees and Dearness Relief to pensioners w.e.f. 01.07.2017 

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for release of additional 1% Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to pensioners. It will be applicable from 01.07.2017.

The release of the additional instalment of DA represents an increase of 1% over the existing rate of 4% of the Basic Pay/Pension, to compensate for price rise. This increase is in accordance with the accepted formula, which is based on the recommendations of the 7th Central Pay Commission.

The combined impact on the exchequer on account of both DA and DR would be Rs.3068.26 crore per annum and Rs.2045.50 crore in the financial year 2017-18 (for a period of 8 months from July, 2017 to February, 2018). This will benefit about 49.26 lakh Central Government employees and 61.17 lakh pensioners.

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AKT/VBA/SH 
(Release ID :170705)

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RTI Reply

September 13, 2017, 12:14 am
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Pensioners Network -Pensioners own media: PENSIONERS OWN MEDIA-'BHARAT PENSIONER' BPS monthly publication August 2017 issue

September 13, 2017, 5:18 am
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Pensioners Network -Pensioners own media: PENSIONERS OWN MEDIA-'BHARAT PENSIONER' BPS monthly publication August 2017 issue

September 13, 2017, 5:18 am
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Pensioners Network -Pensioners own media: PENSIONERS OWN MEDIA-'BHARAT PENSIONER' BPS monthly publication August 2017 issue

September 13, 2017, 5:18 am
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Pensioners Network -Pensioners own media: PENSIONERS OWN MEDIA-'BHARAT PENSIONER' BPS monthly publication August 2017 issue

September 13, 2017, 5:18 am
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A NOTE ON LIBERLISED PENSION REULES 1950 [LPR-1950] AND CENTRAL CIVIL SERVICES (PENSION) RULES, 1972 [CCS (Pension) Rules,1972]

September 13, 2017, 9:20 pm
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                                       A NOTE BY CCCGPA, KARNATAKA
(An affiliate of Bharat Pensioners Samaj)
       Writer Com K.B.Krishna Rao is a M.C member of BPS
                                                                 ON
                             LIBERLISED PENSION REULES 1950 [LPR-1950]
                                                                AND
  CENTRA CIVIL SERVICES (PENSION) RULES, 1972 [CCS (Pension) Rules,1972]

The provisions  relating to grant of pension and other  pensionery benefits to the retiring Central government employees  were spread over the Central CivilServices Regulations and various other executive instructions  issued by the Central government from time to time. They were codified in the year 1972 and promulgated in the form of Statutory Rules called “Central Civil Services(Pension) Rules, 1972 “.These Rules were notified by the Govt. of India, Ministry of Finance, vide notification No.8 (1)-E.V/69 , dated 1st March, 1972 and published  as S.O.No.934 in the Gazette of India on 1st April,1972  and  came in to  force from 1stJune,1972.

With the promulgation of the statutory “ CCS(Pension)Rules,1972“which came in to force from 1st June,1972 the “Liberlised Pension Rules 1950”which did not have a  statutory backing were rendered  redundant and  hence were‘repealed’.
Thus with effect from 1st June,1972 all pensioners who were earlier governed by the Liberlised Pension Rules ,1950 automatically came to be  governed by the CCS(Pension)Rules,1972 and they became entitled to  the benefits of further liberalisations  and modifications that were introduced / brought about  in the  said 1972 Rules from time to time as a consequence of acceptance of the recommendations of successive Central Pay Commissions  in pension matters by the Central government.                                               
An extract on the subject cited above from Swamys Publication“Pension Rules Made Easy’ – 1998 edition, given here under, throws more light on the matter to remove doubts, if any, regarding replacement of the then existing   LIBERLISED PENSION REULES 1950 [LPR-1950] byCENTRA CIVIL SERVICES (PENSION) RULES, 1972 [CCS (Pension) Rules,1972] and applicability of the 1972 Rules uniformly to all  pensioners including those pensioners who were covered by LPR 1950 .
To state in a nutshell, only the nomenclature of Liberlised Pension Rules 1950was changed as Central Civil Services (Pension) Rules, 1972 and there is no change in the applicability of the rules governing grant of pensionery benefits to pensioners and their entitlements.
However, if needed, a reference can always be made to the Department of Pension and Pensioners’ Welfare, which is the nodal department for all pension matters.
   EXTRACT FROM SWAMYS PUBLICATION ‘PENSIONE RULES MADE EASY 1998 EDN
                                    Pension Rules- A Retrospect
The rules relating to pension for Central Government servants were mostly included in the Civil Service Regulations and the Superior Civil Service Rules until April 1950, when certain liberalisation of those rules was made with the issue of Office Memorandum of the Ministry of Finance. The liberalisation, made in 1950, though not made in the form of rules, nevertheless came to be referred to as Liberalised Pension Rules. The Government had the intention to incorporate formally these liberalised provisions in the Civil Service Regulations; but due to variety of reasons, these provisions could not be included in the CSR formally and these provisions continued to be modified by issue of successive Office Memoranda. In addition, Family Pension Scheme, 1964, was promulgated in the Finance Ministry’s OM No 9 (16)-E. V/63, dated 31st December 1963, which was also amended by a number of Office Memoranda issued thereafter. There have also been other important provisions relating to pension and gratuity which have been issued in the form of Office Memoranda from the Ministry of Finance. As a result, the provisions relating to pension and gratuity including family pension were spread over the Civil Service Regulations, the Superior Civil Service Rules and the various executive instructions.

To facilitate easy reference and proper comprehension, those provisions were brought out by the Government at one place in the form of statutory rules entitled, “ the Central Civil Services (Pension ) Rules 1972”, which came into force with effect from 1st June 1972. Henceforth, the grant of pensionary benefits to the Central Government employees are governed by the provisions contained in these rules. No changes were, however, made in the quantum of monetary benefit, viz., pension and death-cum-retirement gratuity entitlements.
                                                                                        
The new set of rules, apart from streamlining the procedure for grant of family pension to families of Government servants who die while in service, provides for sanction of provisional pension to Government servants and provisional family pension and death-cum-retirement gratuity to the families of Government servants who die while in service. The family pension admissible under the Liberalised Pension Rules has been given the nomenclature “Non-Contributory family Pension”, while that under New Family Pension Scheme, 1964,“Contributory Family Pension”. These nomenclatures were changed as ‘Family Pension, 1950’ and Family Pension, 1964’ respectively. ‘Family Pension, 1950’ has since been deleted in 1988.
To the extent such of the articles in the Civil Service Regulations and the rules in the Liberalised Pension Rules and decisions there under are codified in the CCS (Pension) Rules, 1972, every corresponding article/rule in CSR and LPR stands repealed.

                                                                             K.B.Krishna Rao
                                                           


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7th CPC Revision of Pension of Pre-2016 Retired Medical Officers

September 13, 2017, 9:45 pm
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No.38/37/16-P&PW(A)(iii)
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated, the 11th September, 2017

Office Memorandum

Sub :- Implementation of Government’s decision on the recommendations of the Seventh Central Pay Commission Revision of pension of pre-2016 retired medical officers.

The undersigned is directed to say that in implementation of the decision taken on the recommendations of the 7th CPC, orders were issued vide this Departments’ OM No.38/37/2016-P&PW(A)(ii) dated 04.08.2016 for revision of pension of pre-2016 pensioners/family pensioners w.e.f. 01.01.2006 by multiplying the pre-revised pension/family pension by a factor of 2.57. Subsequently, vide OM No. 38/37/2016-P&PW(A) dated 12.05.2017, it has been decided that the pension/family pension w.e.f. 01.01.2016 in respect of all Central civil pensioners/family pensioners, who retired/died prior to 01.01.2016, may be revised w.e.f. 01.01.2016 by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay hand and grade pay at which they retired/died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay      
2. In the case of medical officers, the emoluments reckoned for calculation of pension include Non-practicing Allowance (NPA). The pay of the medical officers is revised in accordance with the specific provision made in the Revised Pay Rules. The manner in which the pay of the medical officers is to be revised w.e.f. 1.1.2016 is prescribed in Rule 7 of the CCS (Revised Pay) Rules, 2016. Accordingly, for the purpose of revision of pension of pre-2016 retired medical officers in accordance with this Department’s O.M. dated 12.05.2017, their pay will be notionally revised w.e.f. 1.1.2016 based on the formula for revision of pay as applicable to the medical officers in the 7th CPC as well as in the intervening Pay Commissions. NPA at the rate as applicable as on 01.01.2016 shall be added to such notional pay as on 1.1.2016 to arrive at pension/family pension of retired medical officers w.e.f. 1.1.2016.

3. NPA to serving medical officers has been revised @ 20% of basic pay w.e.f. 1.7.2017. Accordingly, the pension/family pension of retired medical officers shall be further revised w.e.f. 1.7.2017 by adding NPA @ 20% to the notional pay as on 1.1.2016, instead of the NPA admissible as on 1.1.2016.    
4. The revision of pension/family pension of retired medical officers in the above manner will be further subject to the condition that the notional pay as on 1.1.2016 plus NPA does not exceed the average of basic pay of the revised scale applicable to the Apex Level and the level of Cabinet Secretary.

5. This issues with the approval of Ministry Of Finance, Department of Expenditure vide their I.D.No.136/EV/2017 dated 25.08.2017.

6. Hindi Version will follow.

(Harjit Singh)
Director



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CSIR Instructions on payment of Revised Pension / Arrears as per 7th CPC

September 13, 2017, 10:01 pm
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Anusandhan Bhawan, 2, Rafi Marg, New Delhi-110001

No.5-1(428)/2017-PD
Dated : 11.09.2017

To : The Directors / Heads of all CSIR National
Labs./Instts./Hgrs./Complex/Centres/Units.


Sub : Instructions on payment of revised Pension / Arrears as per 7th CPC-reg.

Ref : CSIR letter No.5-1(428)/2017-PD dated 11.05.2017 and 02.06.2017.

Sir / Madam

With reference to the subject mentioned above and in continuation of the CSIR letters of even number dated 11.05.2017 and 02.06.2017, the undersigned is directed to state that the matter has been considered by the Secretary, DSIR & Director General, CSIR in consultation with JS & FA,DSIR / CSIR and following has been decided:
a) Pension / Family pension for all pensioners (pre-2016 & post 2016) may be revised notionally in terms of CS1R circular letter No.5-1(428) / 2017 – PD dated 11.05.2017. For this notional revision of pension DoP&PW OM dated 04.08.2016, 12.05.2017, 06.07.2017, 18.07.2017 and Ministry of Finance, Department of Expenditure OM 23.05.2017 may be used.

b) Payment of revised pension / family pension (i.e monthly pension) to all the pensioners (both pre-2016 and post 2016) as per 7th CPC, from the month of September, 2017 onwards may be made.

c) Those retiring from the month of September, 2017 will be paid the eligible gratuity as per revised / enhanced ceiling and commutation of pension as per the 7th CPC pension amount.

d) Those who retired between 01-01-2016 and 31-08-2017 will be paid the difference in gratuity between the eligible amount as per revised ceiling and what they were paid at the time of retirement.
e) For the payment of arrears on account of revision of other pensionary benefits for the period 01.01.2016 to 31.08.2017 (viz., arrears of pension and the difference between original and revised commutation amount), separate instructions will follow. Therefore, these amounts of arrears will NOT be paid until further orders.

Yours faithfully
Sd/-
Joint Secretary (Admin)

Source : Click here to view/download PDF



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7th CPC Revision of Pension i.r.o. Pre-2016 AIS Officers: DoPT Order Read more: http://www.staffnews.in/2017/09/7th-cpc-revision-of-pension-iro-pre.html#ixzz4scukJIo0 Under Creative Commons License: Attribution Share Alike Follow us: @StaffNews_In on Twitter | cgenews on Facebook

September 13, 2017, 10:06 pm
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No. 14021/4/2016-AIS-II
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel & Training

North Block, New Delhi
dated 11th September 2017

OFFICE MEMORANDUM

Subject: Implementation of Government’s decision on the recommendation of the Seventh Central Pay Commission- Revision of pension of pre-2016 pensioners/ family pensioners etc. – reg.

The undersigned is directed to refer to this Department’s letter of even number dated 19th May 2017 vide which the instructions dated 12th May 2017 [ See ] relating to revision of pension of pre-2016 pensioners issued by Department of Pension and Pensioner’s Welfare in the context of implementation of VII CPC recommendations, were extended to All India Service (AIS) Pensioners. The said letter dated 19th May 2017 was also sent to all Ministries / Departments of Government of India (copy enclosed).
2. Many retired AIS Officers who are drawing pension from the Central Government, have since voiced grievances at various levels, stating that pension revision in pursuance of the order dated 19th May 2017 has not taken place so far.

3. It is observed in this regard that CPAO, with the approval of the Controller General of Accounts, have issued instructions on 25 th May 2017 to Pr. Chief Controller of Accounts / Chief Controller of Accounts etc. about the modalities to be followed for expeditious implementation of the instructions dated 12th May 2017 of the D/o Pension & PW. Joint Secretary (Admn) / Admin in charge of Ministries / Departments have also been requested by CPAO to instruct their Head of Offices (HOOs) to start immediately sending the revised pension cases to the PAOs on the basis of records available with them and monitor the progress in this regard. Further follow up instructions have also been issued by CPAO on 7th July 2017. 
4. In view of the hardships being encountered by retired AIS Officers vis-a-vis revision of their pensions, all Ministries / Departments are requested to take necessary action for effective and expeditious implementation of the instructions dated 19th May 2017 pertaining to revision of pension of AIS Officers read with D/o Pension and PW instructions dated 12th May 2017.

(Rajesh Kumar Yadav)
Under Secretary to the Govt. of India

Source: DoPT
[http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/14021_4_2016-AIS-II-11092017.pdf]




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ECHS - Revised Procedure for Procession of Waiver and Sanctions: Online Claims

September 13, 2017, 10:10 pm
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Central Organisation ECHS
Adjutant General Branch
Integrated HQ of MoD (Army)
Maude Line
Delhi Cantt-110010
BI49778/AG/ECHS/Claim/Policy 
30 Aug 17

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------------------------------------
(All Regional Centres ECHS)

REVISED PROCEDURE FOR PROCESSING OF WAIVER AND SANCTIONS : ONLlNE CLAIMS

1. Refs:-
(a) Our letter No Bl49779/OutsourcingIAG/ECHS dt 11 Jun 14.
(b) Our letter No BI49770/AGIECHS dt 09 Jun 15.
(c) Our letter No B/49779-Outsourcing/AG/ECHS dt 24 Jul 17.
(d) Our letter No B/49779-Outsourcing/AG/ECHS dt 22 Aug 17.

2. The ‘Online Bill Processing' was initiated pan India was 01 Apr 15, for efficient and timely settlement of claims while maintaining transparency between the ECHS beneficiaries, empanelled hospitals, EPA and Central Org ECHS.

3. The existing timeline for processing of online claims is as under:-

Ser No
Details
Timeline
Empanelled Hospital Claims
(a)Admission IntimationWithin 24 Hrs-from time ADMISSION
(b)Online Submission of ClaimWithin 04 Days from Date of Discharge
(c)Submission of Hard Copies of ClaimWithin 30 Days from Date of Discharge
(d)Query & Need more Info Reply Within 30 Days of Query/NMI Date
Individual Reimbursement Claims
(e)Admission Intimation (EIR)Within 48 hrs from time of admission
Submission of Hard CopyWithin 30 Days from Date of Discharge

4. However of late, it has been observed that empanelled hospitals/ECHS beneficiaries are not adhering to the stipulated timelines and also not responding to the NMI queries raised by BPA within stipulated time frame, thereby, delaying the final settlement of online claims.

5. Based on numerous requests from the environment and to streamline online bill processing, the revised procedure for processing of waivers and sanctions of online   claims has been formulated and attached along as per Appx attached to this letter. The time limits for various activities have been revised as per requests from AFVs /Empanelled Hospitals / Regional Centres and are exclusive of date of discharge in respective claims. However, it is pertinent to mention that all the stakeholders to strive for speedy processing of claims and early settlement by avoiding delays, besides ensuring integrity of financial claims.

6. Following amdts are incorporated in Para 6 of this HO letter mentioned at Para 1(d), regarding one time waiver for all NMI:-

(a)  For.   One time delay condonation for late submission of physical bills and associated documents is also given whenever online bills have been uploaded.             

 (b) Read. One time waiver is hereby accorded for all NMI cases i.e, delay in intimation  of  admission,  delay  in  online  claim (IP&OP)  submission,  delay  in submission of hard copy & delay in reply of NMI.

7. You are requested to disseminate the revised procedure for waivers and sanctions along with timelines to the environment for strict compliance.   The above policy will be implemented with effect from 01 Oct 17,

8, This has the approval of the MD ECHS.

Sd/-
(Niranjan Kumar)
Brig Dy MD
For MD ECHS

APPX
(Refer to Central Org ECHS letter No
B/49778/AG/ECHS/Claim/Policy dt 30 Aug 17)

REVISED PROCEDURE FOR PROCESSING OF WAIVERS AND SANCTION : ONLINE CLAIMS

Ser NoType of ActivityProcedure in Vogue (Timeline)Revised Procedure wef 01 Oct 17Remarks (Including Disposal of old cases)
EMPANELLED HOSPITAL CLAIMS
1intimation of Admission to  BPAWithin 24 Hrs-from time of admissionWithin 48 Hrs from time of admission (Revised Timeline)One time waiver is accorded for all old cases till 30 Sep 17
Upto 30 days - Waiver by Dir RC on justification
Beyond 30 days - No (NO) waiver will be accorded
2Emergency Referral (ER) in Emergency CasesWithin 24 Hrs from time of admissionWithin 48 Hrs from time of admission (Revised Timeline)One time waiver is accorded for all old cases till 30 Sep 17
Waiver by OIC Polyclinic upto 07 days from the date of hospitalization I date of discharge whichever earlier (valid justification needed)
Upto 30 days - Waiver by Dir RC on justification
Beyond 30 days - No (NO) waiver will be accorded
3Online Claim (IPIOP) Submission in BPA portalWithin 04 working days from date of dischargeWithin 07 working days from date of discharge (Revised Timeline)One time waiver is
Upto 60 days - Waiver by Dir RC on justificationaccorded for all old
Beyond 60 days - No (NO) waiver will be accordedcases till 30 Sep 17
4Submission of Hard Copy of Claim (IP/OP) to Regional CentreWithin 30 days from    date of dischargeWithin 60 days from date of discharge (Revised Timeline)One time waiver is accorded for all old cases till 30 Sep 17
Wef 61- 90 days - Waiver by Dir RC on justification
Beyond 90 days  No NO waiver will be accorded
5Need More Information (NW)Within 30 days from date of NMIThe prevailing procedure of granting waiver at various intervals shall be discontinued wef 01 Oct 17 vide letter No B/49779-Outsourcing/AG/ECHS dt 24 Jul 17 as amended vide our letter No B/49779-Outsourcing/AG/ECHS dt 22 Aug 17 and also a comprehensive guidelines for disposal of NMI cases within stipulated time frame has been issuedAfter 180 days, claim to be settled based on available documents with deductions (if needed) or rejected depending upon the status of the claim
INDIVIDUAL REIMBURSEMENT CLAIMS (NON EMPANELLED HOSPITALS)
6Intimation of Admission/ Emergency Information Report (EIR) to Polyclinic by ECHS beneficiary/ NOK in case of Emergency admission in Non Empanelled HospitalsWithin 48 Hrs from time of admissionWithin 48 Hrs from time of admissionOIC Polyclinic and Dir RC to ensure that no reimbursement claim remains pending in the system for NMI disposal beyond 180 days
Waiver by Dir RC, if intimation recd within hospitalization  period
If delayed beyond hospitalization period upto 90 days from date of discharge, application to be processed by Dir RC with justification to Central Org ECHS, as per format fwd vide our letter No 13/49770/AG/ECHS dt 21 Nov 16
7Submission of Hard Copy of claim to PolyclinicWithin 30 days from date of dischargeWithin 90 days from date of discharge (Revised Timeline)
Wef 91-180 days from date of discharge, waiver to be given by Dir RC
Beyond 180 days from date of discharge, waiver to be given by Central Org ECHS
8Need More information (NMI)Within 30 days from date of NMIThere is no stage wise time restriction imposed on the individual reimbursement claims and a comprehensive guidelines for processing of Individual Reimbursement Claims has been issued vide letter No B/49779-Outsourcing/AG/ECHS dt 24 Jul 17 GOVT HOSPITALS
9Treatment in Govt HospitalsECHS beneficiary may avail treatment without obtaining referral from polyclinics. However, referral will only be required for the specified treatment such as Organ Treatment Surgery, Knee and Hip Joint Replacement, Cancer Treatment, Neurosurgery and Cardiac Surgery vide Gel, MoD letter No 22D(09)/2013/US(WE)/ D(Res) dt 26 Jul 16Intimation of Admission within 48 Hrs by ECHS beneficiary / NOK to parent / nearest Polyclinic
Within 90 days from date of discharge - Hard copy of claim by ECHS beneficiary / dependent should be submitted at Polyclinic
Upto 180 days - Waiver by Dir RC on justification for delay in admission intimation and referral both
Beyond 180 days from date of discharge, waiver to be given by Central Org ECHS for delay in admission intimation and referral both
MISC CONCURRENCE CASES
10Misc concurrence required by BPA to process the claims, as follows (a) Discrepancy in overlapping of admission and discharge dates (b) Repeated admission for same ailment within short duration (c) On table procedure/additional procedure doneNo policy existsWaiver to be given  by Central Org  ECHS. Cases to be examined in detail by RC and fwd with due justification and recommendation of Dir RC as per format fwd v de our letter No 13/497713/AG/ECHS/ Claim/Policy dt 03 Nov 16
SANCTIONS
11Approval on Appx 'A' of Cardiologist of Comd 1 Zonal Hospital for:- (a) Unlisted procedures. (b) Cardiac implants (listed 1 unlisted). (c) More than 02 DES and 01 Base Metal Stent (PTCA)Approval given by Cardiologist after physical checking of all relevant DocumentsStatus  quo  to  be  maintained.  However, PC/RC may consider feasibility to obtain online approval to save time and subsequently hard copy to be sent by postIn case of emergency, no approval need to be taken
12Organ Transplant (Liver & Lungs)Approval given by MD ECHSStatus quo to be maintained
13Approval on Appx 'A' for Unlisted Procedure/Test/Implants at ECHS Empanelled HospitalApproval given by SEMO on revised Appx 'A' as per our letter No B1497781 AG/ECHS/PA/Ruling dt 03 Feb 17Status quo to be maintained
14Extended Hospital Admission on Appx 'A'13-30 days by OIC PolyclinicStatus quo to be maintained
15Extended Hospital Admission on Appx 'B'31-60 days by Dir RCStatus quo to be maintained
16Extended Hospital Admission on Appx 'C'61-120 days by MD ECHSStatus quo to be maintained

Source: Click on Image to view/download PDF

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Don’t leave healthcare in the hands of private sector

September 13, 2017, 10:32 pm
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By Soumitra Ghosh (HT 14.9.17)
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The National Health Policy 2017 must aim to provide affordable care to the maximum number of people
In Gorakhpur, more than 75 children have died since August 7 at the Baba Raghav Das Medical College Hospital. A closer look at the statistics related to the child mortality at the hospital speaks volumes about the successive governments’ apathy towards health in UP. The infant mortality rate (IMR) at Gorakhpur is one of the highest in the world. The Annual Health Survey data records 66 deaths per 1,000 live births — similar to the numbers in war ravaged Afghanistan. UP’s IMR is one of the highest in India. In fact, barring a few states, the rest of India is not very different from UP.

Governments have been promoting the private sector in health through various policies. India’s tax-to-GDP ratio increased from 6% in 1950-51 to 17% in 2015-16 but the money has not been used to enhance the capacity of the public healthcare delivery system.
As the government had almost withered away in the health sector, private hospitals have devised ways of extract money from hapless patients.

Earlier, doctors used to take decisions in the best interests of the patient. Now, they also serve the interests of their employers. Most corporate and large private hospitals set revenue targets for their consultants, which then force them to pass it on to patients in the form of unnecessary clinical tests and surgical procedures. Crores of rupees is wasted each year due to over-diagnosis and overtreatment, even as millions of people still do not have access to medical care.

A leading contributor to many of the above mentioned issues is commercialisation of medical education, which has been pushed too far with the massive increase in the number of private medical colleges. Around 60% of the medical seats are in private medical colleges and the medical graduates passing out from these colleges pay “capitation fees” running into crores of rupees to get an MBBS degree. No wonder that they would be averse to the idea of practising in rural areas as their primary concern becomes the recovery of the capital they’ve invested in their education.

India’s new National Health Policy 2017 has gone a step ahead with its call for strategic purchase of healthcare from the private sector with public money. It is worth noting that the key mechanism of strategic purchasing is insurance. The NHP envisages that purchasing should be separated from provisioning of healthcare, particularly for hospital care. It seems the architects of the NHP have faith in the market solutions for efficient allocation of resources, oblivious to the fact that the market fails because of problems such as information asymmetry and externalities inherent in the healthcare market. Soumitra Ghosh is assistant professor at Tata Institute of Social Sciences, Mumbai
The views expressed are personal


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The Supreme Court has held that all assets in a Hindu Undivided Family (HUF)

September 13, 2017, 10:59 pm
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 11220 OF 2017
(ARISING OUT OF SLP (C) No.5664/2012)
Adiveppa & Ors. ...Appellant(s) VERSUS Bhimappa & Anr. ….Respondent(s)



Sep 14 2017 : The Times of India (Delhi)
SC: HUF assets to be taken as joint property
By AmitAnand Choudhary New Delhi:
`Need To Prove They Are Self-Acquired To Stake Claim' The Supreme Court has held that all assets in a Hindu Undivided Family (HUF) would be presumed to be joint property belonging to all its members and a family member has to produce evidence to stake claim over any part even if it is `self-acquired'.
A bench of Justices R K Agrawal and Abhay Manohar Sapre said the burden is always on a family member, claiming ownership over a part of property of joint family, to prove before a court that it is his self-acquired property and not joint property of the family by placing oral or documentary evidence.
“It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden lies upon the member who, after admitting the existence of jointness in the family properties, asserts his claim that some properties out of the entire lot of ancestral properties are selfacquired,“ the bench said. The court passed the order while rejecting a plea of members of a joint family claiming ownership over agricultural land of the family on the ground that they had acquired the property and other members of their family had no right over it. The bench upheld the Karnataka high court order which had declared the property as joint property of the family.
The bench said the petitioners failed to place before it any evidence to prove that they had acquired the property for themselves and did not belong to the entire joint family. “In order to prove that the suit properties were their self-acquired properties, the plaintiffs could have adduced the best evidence in the form of a sale-deed showing their names as purchasers of the said properties and also could have adduced evidence of payment of sale consideration made by them to the vendee. It was, however, not done,“ it said.
“Not only that, they also failed to adduce any other kind of documentary evidence to prove their self-acquisition of properties nor they were able to prove the source of its acquisition,“ the bench noted.
The bench said it was obligatory upon the contesting family members to prove that despite existence of jointness in the family, properties were not part of ancestral properties but were their self-acquired properties and the petitioners failed to prove their claim.
“In our considered opinion, the legal presumption of the suit properties to be also the part and parcel of the ancestral one could easily be drawn for want of any evidence of such properties being self-acquired properties of the plaintiffs,“ it said.


REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 11220 OF 2017 (ARISING OUT OF SLP (C) No.5664/2012) Adiveppa & Ors. ...Appellant(s) VERSUS Bhimappa & Anr. ….Respondent(s) J U D G M E N T Abhay Manohar Sapre, J. 1) Leave granted. 2) This appeal is filed by the plaintiffs against the final judgment and order dated 22.08.2011 passed by the High Court of Karnataka Circuit Bench at Dharwad, in RFA No. 1793 of 2006 whereby the High Court dismissed the appeal and affirmed the judgment and decree passed by the Court of Principal Civil Judge (Senior Division), Bagalkot in O.S. No.85 of 2001. 1 3) In order to appreciate the short controversy involved in this appeal, it is necessary to state the relevant facts. 4) The appellants are the plaintiffs whereas the respondents are the defendants in a civil suit out of which this appeal arises. 5) The dispute is between the members of one family, i.e., uncle, aunt and nephews. It pertains to ownership and partition of agricultural lands. 6) In order to understand the dispute between the parties, family tree of the parties needs to be mentioned hereinbelow: GENEALOGICAL TREE Adiveppa (Died about 3—35 years back) Yamanavva (Died about 10 years back) Adiveppa Yamanavva (Wife) Hanamappa Bhimappa Gundavva (Son – Died 6 years ago) (Son – Defendant No.1) (Daughter-Defendant No.2) 2 Mangalavva (Wife – Plaintiff No.3) Adiveppa Yamanappa ( Son - Plaintiff No.1) (Son - Plaintiff No.2) 7) As would be clear from the family tree, Adiveppa was the head of the family. He married to Yamanavva. Out of the wedlock, two sons and one daughter were born, namely, Hanamappa, Bhimappa and Gundavva. Hanamappa had two sons, namely, Adiveppa and Yamanappa. 8) Adiveppa - the head of family owned several acres of agricultural land. He died intestate. The dispute started between the two sons of Hanamappa and their uncle-Bhimappa and Aunt-Gundavva after the death of Adiveppa and Hanamappa. The disputes were regarding ownership and extent of the shares held by each of them in the agricultural lands. 9) Adiveppa and Yamanappa (appellants herein) filed a suit (O. S. No.85 of 2001) against - Bhimappa 3 and Gundavva (respondents herein) and sought declaration and partition in relation to the suit properties described in Schedule ‘B’, ‘C’, and ‘D’. 10) The declaration was sought in relation to the suit properties in Schedule ‘B’ and ‘C’ that these properties be declared as plaintiffs’ self-acquired properties. 11) So far as the properties specified in Schedule ‘D’ were concerned, it was alleged that these properties were ancestral and hence the plaintiffs have 4/9th share in them as members of the family. It was alleged that since so far partition has not taken place by meets and bound amongst the family members, the suit to seek for partition. 12) The respondents (defendants) denied the plaintiffs’ claim and averred inter alia that the entire suit properties comprising in Schedule ‘B’, ‘C’ and ‘D’ were ancestral properties. It was alleged that during the lifetime of Hanamappa, oral partition had taken place amongst the family members on 4 28.10.1993 in relation to the entire suit properties (Schedule ‘B’, ‘C’ and ‘D’), pursuant to which all family members were placed in possession of their respective shares. It was alleged that the partition was acted upon by all the family members including the plaintiffs’ father (Hanamappa) without any objection from any member. It is on these averments, the respondents contended that the plaintiffs’ claim was misconceived. 13) The Trial Court framed the issues and parties adduced their evidence. By judgment/decree dated 15.07.2006, the Trial Court dismissed the suit. It was held that the plaintiffs failed to prove the suit properties specified in Schedule ‘B’ and ‘C’ to be their self-acquired properties. It was also held that so far as the properties specified in schedule ‘D’ are concerned, though they were ancestral but were partitioned long back pursuant to which, the plaintiffs through their father-Hanamappa got their respective shares including other members. 5 14) The plaintiffs felt aggrieved and filed first appeal before the High Court. By impugned judgment, the High Court dismissed the appeal and affirmed the judgment/decree of the Trial Court giving rise to filing of this appeal by way of special leave before this Court by the plaintiffs. 15) Heard Ms. Kiran Suri, learned senior counsel, for the appellants and Mr. Anand Sanjay M. Nuli and Mr. R.S. Jena, learned counsel for the respondents. 16) Having heard the learned counsel for the parties and on perusal of the record of the case including the written submissions filed by the learned counsel for the appellants, we find no merit in this appeal. 17) Here is a case where two Courts below, on appreciating the entire evidence, have come to a conclusion that the plaintiffs failed to prove their case in relation to both the suit properties. The concurrent findings of facts recorded by the two 6 Courts, which do not involve any question of law much less substantial question of law, are binding on this Court. 18) It is more so when these findings are neither against the pleadings nor against the evidence and nor contrary to any provision of law. They are also not perverse to the extent that no such findings could ever be recorded by any judicial person. In other words, unless the findings of facts, though concurrent, are found to be extremely perverse so as to affect the judicial conscious of a judge, they would be binding on the Appellate Court. 19) It is a settled principle of law that the initial burden is always on the plaintiff to prove his case by proper pleading and adequate evidence (oral and documentary) in support thereof. The plaintiffs in this case could not prove with any documentary evidence that the suit properties described in Schedule ‘B’ and ‘C’ were their self-acquired properties and that the partition did not take place 7 in respect of Schedule ‘D’ properties and it continued to remain ancestral in the hands of family members. On the other hand, the defendants were able to prove that the partition took place and was acted upon. 20) In order to prove that the suit properties described in Schedule ‘B’ and ‘C’ were their self-acquired properties, the plaintiffs could have adduced the best evidence in the form of a sale-deed showing their names as purchasers of the said properties and also could have adduced evidence of payment of sale consideration made by them to the vendee. It was, however, not done. 21) Not only that, the plaintiffs also failed to adduce any other kind of documentary evidence to prove their self-acquisition of the Schedule ‘B’ and ‘C’ properties nor they were able to prove the source of its acquisition. 22) It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is 8 joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden, therefore, lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property. (See-Mulla - Hindu Law, 22nd Edition Article 23 "Presumption as to co-parcenary and self acquired property"- pages 346 and 347). 23) In our considered opinion, the legal presumption of the suit properties comprising in Schedule ‘B’ and ‘C’ to be also the part and parcel of the ancestral one (Schedule ‘D’) could easily be drawn for want of any evidence of such properties being self-acquired properties of the plaintiffs. It was also for the reason that the plaintiffs themselves had based their case by admitting the existence of joint family nucleolus in respect of 9 schedule ‘D’ properties and had sought partition by demanding 4/9th share. 24) In our considered opinion, it was, therefore, obligatory upon the plaintiffs to have proved that despite existence of jointness in the family, properties described in Schedule ‘B’ and ‘C’ was not part of ancestral properties but were their self-acquired properties. As held above, the plaintiffs failed to prove this material fact for want of any evidence. 25) We have, therefore, no hesitation in upholding the concurrent findings of the two Courts, which in our opinion, are based on proper appreciation of oral evidence. 26) Learned counsel for the appellants took us through the evidence. We are afraid we can appreciate the evidence at this state in the light of what we have held above. It is not permissible. 27) It was also her submission that the Trial Court has recorded some findings against the defendants 10 in relation to their rights in the suit properties and the same having been upheld by the High Court, the appellants are entitled to get its benefit in the context of these findings. 28) We have considered this submission but find no merit in the light of what we have held above. At the cost of repetition, we may observe that if the plaintiffs failed to prove their main case set up in the plaint and thereby failed to discharge the burden, we cannot accept their any alternative submission which also has no substance. 29) In the result, we find no merit in the appeal. It fails and is accordingly dismissed. ……...................................J. [R.K. AGRAWAL] …...……..................................J. [ABHAY MANOHAR SAPRE] New Delhi; September 06, 2017 11
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