INCOME TAX PENSIONERS FEDERATION : January 2017

INCOMETAX PENSIONERS FEDERATION

NEW DELHI

E MAIL: itpfchq@gmail.com

Website address:itpfchq.blogspot.com

Manishinath Bhawan,

A/2/95 Rajouri Garden

‘New Delhi. 110 027.

4th January,2017.

Dear Comrades,

WISH YOU A VERY HAPPY

PROSPEROUS AND PEACEFUL NEW YEAR.

We hope the impact of the demonetization programme of the Government of India must have eased a little by this time. As you are aware we had taken up with the Government the need to make payment to the pensioners in cash at least for the month of December 2016 and January, 2017. Our request was not even considered. Along with the large number of common people, the aged comrades had to be in long queue for quite a long number of hours to get the amount withdrawn from their own bank account. Even when the permitted ATM withdrawal of Rs. 2000 is made it was often in high denomination note of Rs. 2000/- virtually making it useless. This was the ordeal provided by the Government of India to the common people of this country at the fag end of the year, 2016. More than happy and prosperous year ahead, we, therefore, wish all of you a peaceful year 2017.

It was in the midst of the demonetization crisis we had to meet in our CWC meeting at Bangalore. Since the programme had been planned much earlier than the Government’s decision on demonetization, we could not make any alteration at the last minute. We also believed, as every person in the country, that the difficulty would last only for a week or two at the most. Both for the delegates and especially for the host unit the non availability of cash created hurdles in the conduct of the CWC meeting.

December, 17th is observed as Pensioners day throughout the country by all Pensioners organizations to commemorate the great judgment delivered by the Supreme Court on that day in respect of the Pensioner community. The Honourable Supreme court in the case of Dr. D.S. Nakra and others Vs. Union of India made it clear through that judgment that there cannot be a class within the class and pension is an inalienable right. The host unit had decided to observe the Pension day in view of the impending CWC meeting on 19th along with the inaugural session. The combined session organized by the Karnataka Incometax Department Pensioners Association had Ms. Nutan Wodayar, Principal Chief commissioner of Incometax, Bangalalore as the chief Guest. The other distinguished guests who spoke on the occasion included S/Shri B.R. Balakrishna, DGIT(inv), Biswanath Jha, Chief Commissioner of Incometax and Sandeep Goyal, Addl. Commissioner of Incometax (Hqrs). Com. Ashok Kumar Kanojia and com. Bhaskar Bhattacharya, President, ITEF and Secretary General ITGOA, respectively, who were invited to address the open session spoke of the manner in which the Government has dealt with the 7th CPC recommendations. Com. Kanojia said that the Confederation has decided to react to the nugatory attitude of the Government by organizing a one day strike in Feb. 2017. He also said that the rally organized at the Parliament Street was a very tumultuous one and was reflective of the anger of the employees. He said that the ITEF and Confederation are aware of the injustice meted out to the Pensioners by the Government by rejecting the recommendation of the 7thCPC. in the form of Option No. 1. He sought the co-operation of the ITPF in making the strike action a grand success. The open session was also addressed by Com. Umesh Mehta, President, ITPF and Com. K.K.N. Kutty secretary General. Both of them highlighted the denial of the legitimate right of the pensioners by the Government and praised the host unit for the excellent arrangements made by them for the conduct of the CWC meeting and the observance of the Pensioners’ day.

The Pensioner day observance session had the presence of a large number of pensioner comrades. Ms. Nutan Wodeyar who addressed the gathering assured the house that the Local Administration would favourably consider the demand for providing accommodation for the Association to function at the CR building. She also assured of all assistance to the Pensioners association and recalled the well experience of the Pension Adalat which was held at Bangalore. The pension observance function was presided over by com. R.B. Deshpande and under the leadership of Com.Deshpande and Com.Srinivasa Shetty, quite a number of Pension comrades and the members of ITEF volunteered to make the function a pleasing and grand one. The unstinted co-operation extended by Com. Sethuraman, former ITEF Zonal Secretary and Com. K. E. Rajan, who was previously the General Secretary, ITEF Karnataka Unit and who retired just on 30th November, 2016 and became a formal member of the Karnatka I.T.Pensioners association just a day prior to the function are matters to be recorded. With great appreciation we are also duty bound to report of the fine presentation made by Com. Ganesh Rao on the significance of the Pensioners day. Equally enthusiastic was the melodious rendering of the invocation song by Com. Ramakrsihna, who had been able to retain his unperturbed voice even at the advanced age. Kum. Aditi Prahallad, the child artist who enthralled the audience with the melodious voice and disciplined rendering received the appreciation from one and all. Her presentation of the sugama sangeeth was true to the purport and meaning of the words and no wonder she was the recipient of the President’s medal.

The Pension observance function was followed by an inter-active session between the members of the Karnataka Income- tax Department pensioners association and the Secretary General, ITPF. The session could clear many genuine doubts and apprehensions and emphasized the need for a central body to channelize the grievances of the Pensioner comrades and seek redressal from the concerned authorities.

The post-lunch period was consumed by the in-camera deliberations of the CWC. The agenda slated for discussions were:-

(i) Report of the Secretary General, discussion and adoption.

(ii) Organizational review

(iii) Pension Adalat

(iv) 7th CPC related issues

(v) Any other matter with the permission of the chair.

Most of the affiliates had been represented at the meeting either through the delegates or observers. Those who could not attend the meeting had intimated the Sectt. before hand. Com. Umesh Mehta presided over the meeting.

It was noted that the report presented by the Secretary General had drawn a picture of the functioning of the ITPF right from its inception till date. The report, a major portion of which had dealt with the organizational matters, was taken up for discussion along with the organizational review. The following emerged as the outcome of the discussions at the meeting.

A. Since the requisite number of affiliates have obtained the registration from the Registrar of Societies, it was decided that Com. Negi may be requested to take necessary steps to present the necessary documents for obtaining registration for the apex organization i.e. ITPF without further loss of time. It was also decided to place the copy of the registration certificates of the affiliates on the ITPF websites for the help and assistance of other affiliates.

B. The Secretary General or the President will try to attend the next convention of the affiliates, especially of those who are yet to obtain the registration and submit a factual report of the functioning of these organizations to the next CWC.

C. The Finance Secretary will provide a list of affiliates who have already remitted the affiliation fee and subscription as also of those who have not so far made the remittance.

D. A communication system will be developed to ensure that every member will receive an SMS the moment any information is posted on the website. Tamilnadu unit which has developed the system has assured to share the details after its fine tuning.

E. The Secretary General will take steps to ensure that the periodical meetings of the National Sectt. and the CWC are held at different venues so as to give impetus to the functioning of the State Units. These meetings may be held when the annual G.B. or conference of the State Units are held. Accordingly, it was decided that the next CWC meeting may be held at Baroda in Feb. 2017 and the next one at Chennai in April, 2017.

F. It was also decided to have a deeper communication system. With that in mind the State Committees are requested to enroll at-least 25 members as subscribers of NCCPA bulletin. The monthly bulletin is priced at Rs. 60 p.a. The Secretary General will intimate the Bank account no. etc. to the concerned State committee for remittance of the subscription amount directly to NCCPA.

G. Copy of the report is annexed. The report was adopted by the house.

Agenda Item No. iii.

Pension adalat. Com. Secretary General informed the house that the decision taken by the Department of Personnel and which is to be abided by all the Departments of the Government of India will provide a platform to seek redressal of individual grievances and cut short the procedure related delays. He also said that he has made a request to the Chairman, CBDT for the convening of such an Adalat at the National level. The State Units will do so with an appeal to the Principal chief commissioners of Incometax (CCA). The meeting also decided to seek a mechanism by which periodical meeting for ITPF with the CBDT authorities could be arranged.

Agenda No. iv.

7th CPC related issues. Denial of option No. 1 was the main issue that came up for discussion at the meeting. All the members were of the unanimous view that the Government’s decision in this regard is untenable and must be contested. Com. Secretary General informed the house the crux of the deliberations held at the meeting with the Secretary Pension on three occasions on this issue. However, he said that nothing tangible is likely to emerge. The Pension department has come to the conclusion that the recommendation is infeasible to be implemented. They are likely to report the same to the Government. He said that all Pensioners organizations are aggrieved and steps are being taken to galvanize the anger through a united platform. He then said that he was an invitee speaker at the annual convention of the Bharat Pensioner Samaj, one of the biggest all India Pensioners organizations of the Country. The issue has been subjected to discussion and it has been resolved to organize a massive dharna programme at Delhi. The date for such a programme is yet to be decided, he added. The members also expressed the opinion that the possibility of approaching the Courts especially in the background that the Government has accepted the recommendation and has notified the same must be explored.

Agenda Item No. v.

Any other matter with the permission of the Chair. Under the agenda item, many individual matters and grievances were discussed. All members expressed the need to strengthen the ITPF and its State Units and periodical meetings. All of them expressed the gratitude to the host unit for the excellent arrangements made and sincerely thanked the volunteers and leaders of KITDPA. They also expressed their thanks for the support and assistance provided by the I.T. Local administration for the conduct of the CWC meeting.

Thanking you and with fraternal greetings,

Yours fraternally,

K.K.N.Kutty

Secretary General.

REPORT OF THE SECRETARY GENERAL FOR THE CWC MEETING.

CWC MEETING AT CR BUILDING

BANGALORE.

19th December,2016

Dear comrade,

We are as the provisions of the constitution stipulate, to submit a report of our activities to the Central Working committee. It is, therefore, my proud privilege to do so in my capacity as the Secretary General.

We are meeting at a juncture when the old people throughout the world feel neglected by the society which they endeavoured to build with their sweat and blood. The social security privileges conferred upon as a welfare measure on persons who got debilitated due to old age are being taken away in all modern societies. The retired personnel throughout the world especially in western advanced Nations are in the streets agitating the cut effected in their entitlements by their respective governments. Most of the Governments have been campaigning that pension and such other benefits given to the retired or old persons have been a drain on the resources and the politicians had been advocating for withdrawing these benefits. The Globalisation, which is now propounded as a catalyst for accelerated economic growth is a capitalist concept to exploit the workers and maximize profit. The old people are stated to be not useful to the society as they cannot take part in the productive activities. Especially after the collapse of the Soviet Union, the capitalist world could spread this concept easily and impose the same on all developing nations.

We in our country commenced the journey towards globalization in 1991, Welfare measures undertaken by the Government were withdrawn one after another. Though the working class in the country had been continuously resisting the offensive, every successive government that came to power in our country pursued the same neo liberal policies. The attack made the personnel who retired from active service to ponder over the emerging scenario and they began to organize themselves into groups and associations to raise their voices. The pensioners’ movements thus became vocal. In fact the retired Income tax employees and officers, who were part of a great movement under the banner of Income tax Employees Federation and Income tax Gazetted Officers association felt the need for an all India organizations of Income tax pensioners. Efforts were undertaken in 2003 to form such an apex body. Initially it was felt that a Unitary organization must come into being and accordingly a draft constitution was got circulated. The committee which went into the opinions and views expressed by the right minded comrades came ultimately to the conclusion that given the situation it would be difficult to bring up such an organization and consequently redrafted the same to be in consonance with the concept of a federal structure. In 2015 we met at Haridwar, thanks to the efforts and services rendered by the Income tax Pensioners welfare association at Meerut, and the founding convention for ITPF was held. The draft constitution was adopted and according to the provisions of the said constitution, a set of office bearers were also elected at the convention. The elected National Sectt. had been trying to function thereafter. However, we found that many outstation members were not able to attend the National Sectt. for the reason of financial difficulties and the physical debility associated with long journey. The Sectt. therefore, decided that a sub-committee must be constituted to look after the day to day functions of the Federation. We give hereunder the list of elected office bearers and the members of the sub- committee.

Members of the sub committee.

Com. Lajpat Rai, 2.Com. K.K.N. Kutty, 3.Com. Baswanad, 4.Com. C.M. Badola, 5. Com. S.K. Sharma, 6. Com.Sheoji Misra, 7. Com.Vijay Singh Negi and Com. Shekawat.
List comrades who were elected as Members of the National Sectt.at Haridwar.

1. Chief Patron: Shri Sudhir Chandra, former Chairman, CBDT.
2. Patron: Com. Lajpat Rai, former Secretary General, ITGOA
3. President: Com. Umesh Mehta, former President ITEF

4. Vice Presidents:

Com. V.K. Sreedharan. Former Secretary General ITGOA
Com. P.V. Ramachandran, Former Vice President ITEF
Com. Shanthikumar, Former President, ITGOA
Com. R.B.Deshpande,Gl Secy. ITEF.Karnataka
and former Vice President, ITEF
Com.S.K.Sharma, former Regl.Secy. ITEF Meerut
and Jt.Secretary, ITEF Western UP Kanpur.
Com. Ashok Salunkhe.Former Secretary General and President of ITEF

5. Secretary General: Com. K.K.N. Kutty, former Secretary General, ITEF
6. Addl. . Secry.: Com. Baswanand. Former Gl Secy., ITEF &ITGOA Delhi

7. Secry.Finance: Com.C.M. Badola. Former Regl.Secry.ITEF Meerut &
8. Asst. Secretaries:

Com.Gopal Singh Jadoo. Former Vice President ITEF
Com.Sheoji Mishra. Former Regional Secretary, ITEF Allahabad

9. Organizing Secretaries.;

Com.A.Sundaram. Tamilnadu
Com. B.N.Gnana Prakash. A.P.
Com.Srinivasa Shetty’ Karnataka
Com. E.P.K.Vasudevan. Mumbai
Com. H.M.Kanhaiya. Gujarath
Com. Shekawath: Rajasthan
Com.Vijay Singh Negi. Delhi
Com. V.K.Bajpai.Eastern UP Lucknow
Com.Shambu Prasad. Bihar
Com.Sarbananda Das. NE Region
Com.S.K.Bhargava. NW Region

Comrades from Vidharba, Pune, UP West, , Orissa, West Bengal, Kerala will be nominated at the CWC meeting.
Auditor will also be appointed at the next CWC meeting.

In order to ensure that the communication between the CHQ and the Circle as also the members, goes uninterrupted a website was created. All important communications from the Government, organizational activities, news from the National Co-ordination Committees, the activities of various State Units were all placed on the website and SMS sent to all National Sectt. Members and through them to the State Secretaries and the grass root level members. The traditional communication through post could not be extended to grass root level members on account of the financial stringency. From the CHQ repeated attempts were made to organize the State level associations. However, we cannot at this point of time state that the results had been encouraging. Due to the death of Com.Shambu Prasad, the efforts undertaken at Bihar has stopped in the middle. The Lucknow meeting had to be postponed at the last minute. There had been some problem in the functioning of the Tamilnadu State Committee due to the illness of Com. Sundaram. However, it is heartening to note that certain attempts have been made to revitalize that unit. The CWC will discuss the formation of the State Committees, its functioning, the efforts needed to get the registration from the Registrar of societies etc. In short, it must be said that we are to traverse a long way to make ITPF a well functioning Unit.

As we are affiliated to NCCPA, we had been carrying out the directive of it during the period under report. The NCCPA had been taking up with the Government various issues concerning Central Government Pensioners. The NCCPA has been bringing out a journal every month. In the last sub-committee meeting, it had been decided that atleast 25 members may be made subscribers of the journal from each State. We shall review the implementation of this decision at the meeting.

During the period under report, we had been saddled with the issues concerning revision of pension through the 7th CPC. It must be stated with pleasure that all the Pensioners Associations in the country could come together and submit a common memorandum to the 7th CPC. However, the oral evidence could not be tendered through a joint platform. One of the most significant demands placed by the Pensioners movement in the country before the Commission was the need to maintain parity in pension of both the past and present pensioners. The 7thCPC has no doubt given some credence to this demand, though all other demands and issues presented before them were rejected including the raising of the quantum of fixed medical allowance. We reproduce hereunder some of the salient features of the 7th CPC recommendations concerning pensioners and the demands placed by the NCCPA for the improvement thereon.

Sub7thCPC recommendations on retirement benefits

The National Co-ordinating Committee of Pensioners Association is the apex organisation of Associations/Federations of Central Government Pensioners. We had submitted a detailed memorandum to the 7th CPC on various demands, problems and grievances of the Central Government Pensioners. However, it must be sadly admitted that most of the issues, which we had projected before the Commission did not have a proper consideration, may be perhaps, due to the Commission’s perceived anxiety over the financial constrains of the Government of India. We have every reason to believe that their anxiety was not well placed, for the Government’s finances are far better presently than what it was two decades back. The memorandum submitted by the Staff Side JCM National Council had elaborately dealt with the issue concerning the relative capacity of the Government to pay its employees and pensioners in the background of accelerated growth of the economy, reduced tax burden on both business houses and the common people the reduced percentage of expenditure on wages, salary and pension with reference to the Government’s revenue resources, revenue expenditure and the GDP itself. The denial of the need based minimum wage,(in accordance with Dy. Aykhroyd formula) in other words, the bare existence wage by the 7th CPC is incomprehensible. We are pointing out this aspect of the recommendations, for the successive earlier Commissions had denied the need based minimum wage on the specious plea of the inability of the Government to pay. We hope you will appreciate that the present pensioners, who were in active service in 1960s, 1970s, 1980s, 1990s, did suffer immensely as they were denied even the bare existence wages. They suffered on many counts, as they could not provide a decent standard of living to their families, could not construct a residential dwelling, could not educate their children properly for sheer want of requisite finances, so on and so forth. The Pensioners’ community is presently concerned again with the minimum wage as the re-fixation of pension on account of the wage revision effected by the 7th CPC is linked to the minimum wage. We, therefore, appeal that the grievances presented by the Staff Side, National Council JCM on the determination of the quantum of minimum wage by the 7th CPC must be considered seriously and necessary corrections made.

Another important issue we would like to present before you, concerns the New Pension Scheme introduced by the Government of India, with effect from. 1.1.2014. Both the Serving employees and Pensioners organisations placed before the Commission, rather passionately, to consider their submissions made for the replacement of the newly introduced defined contributory system of pension for those who entered the Government of India Service from.1.1.2014 with the time tested defined benefit scheme of pension. As of date the Government employees, by virtue of the new contributory pension scheme are divided into two classes viz. a good number of them receive emoluments after deduction of 10% towards pension contribution whereas the other for the same job is provided with a higher rate of emoluments. It is nothing but a blatant denial of equal pay for equal work. We had pointed out to the Commission in no uncertain terms that the new scheme was conceived as an idea to allow the flow of the hard earned income of the employees to the Stock market and permit the access of those funds for the corporate houses with no guaranteed return to the contributor. We had pleaded before the Commission to recommend for the exclusion of the Government employees from the purview of the NPS, if the scrapping of the scheme is infeasible in the light of the enactment of PFRDA. The Commission, as you could see from the report, has enumerated innumerable flaws, defects, deficiencies and what not in the administrative apparatus of the NPS, which has now amassed huge funds and its coffers are swelling enormously day by day. They have still not evolved a mechanism to monitor the remittances by the concerned employers. The Commission has suggested in the light of their findings, cosmetic remedial measures which in all fairness one should admit, will not address the issue. In short, the Commission has not been emboldened to make a positive recommendation for the exclusion of the Central Government employees from its ambit, even though they have been convinced of the force of our submissions and arguments. We may also state that the Commission which was anxious of the increased financial outflow on account of the revision of wages and pension did not, rather failed to recognise the enormous outflow of tax payers money to the pension fund in the form of Governmental Contributions. Without stating the various other demerits of the New Contributory Pension Scheme, as it has been oft-repeated, we plead that the Government employees be excluded from the Contributory Pension scheme and all of them irrespective of their date of recruitment be brought within the purview of the time tested defined benefit pension system.

Besides the submissions made in the preceding paragraphs, we enumerate hereunder some specific issues concerning pensioners and request the Implementation Committee to consider the same and place it before the empowering committee for acceptance.

1. Parity between the past and present pensioners be brought about on the basis of the 7th CPC recommendations with the modification that the basis of computation be the pay level of the post/grade/scale of pay from which the employee retired, whichever is beneficial to him.

The 7th CPC has recommended the modus operandi for bringing about parity between the past and present pensioners. While issuing orders in acceptance of this recommendation, we urge upon that care may be taken to provide the benefit to the pensioners as envisaged by the Commission in its letter and spirit. Often we find when the orders are issued, the same is interpreted by the pension disbursing authority in such a manner that the envisaged benefit is denied to the deserving personnel on flimsy technical grounds. We want you to appreciate that it is not a perceived grievance but a real and genuine one. To cite a recent example:, When the orders on the question of modified parity was issued after the 6th CPOC recommendation, the benefit was denied to a large number of pensioners by such an interpretation made by the Offices of the Controller General of Accounts. The issue had to be agitated in the Central Administrative Tribunal, where the CGA’s interpretation was set aside. The Government dragged the poor pensioners upto the highest court of justice in the country, the Supreme Court, before the concerned order was amended. Even in the amended order, care was not taken to convey the benefit to certain pensioners fully on the specious plea that the words employed in the original orders speaks only of the scale of pay and not of the revised scale of pay. It is highly unethical to drag the pensioners to the Courts. They are compelled to bear the huge expenditure involved in the litigation at the level of the Supreme Court . To avoid the recurrence of such a scenario, we plead that the orders must specify in unambiguous terms, that the parity must be with reference to the level of pay of an individual employee of the post/grade/scale of pay from which he/she retired, whichever is beneficial to that individual. This is to take care of the situation where the concerned Government servant had been granted MACP, or the pay scale/pay band/grade pay/ had been revised by the Government either suo motu or on the basis of the recommendation of the Pay Commission.

2. Pension to be 60% of the last pay drawn and family pension to be 50% of the last pay drawn. Minimum pension to be 60% of the minimum wage and minimum family pension to be 50% of the Minimum wage.

In our memorandum, we had demanded that pension to be 66.6% of the last pay drawn and the minimum pension to be 66.66% of the minimum wage. The CPC has not conceded this demand. Our present request in the matter is that the pension must be fixed at 60% of the last pay drawn and the minimum pension at the rate of 60% of the minimum wage. This is on the ground that minimum wage is computed taking into account the family consisting of three units of two adults and two children ( i.e. 1+0.8+0.6+0.6=3) Since the requirement of the children can be excluded in the case of pensioners, the rational approach will be to provide 60% of the minimum wage as the minimum pension Both the pension and the minimum pension has to be at the rate of 60% of the last pay drawn (or average emoluments) and the minimum wage respectively. The present stipulation of computing the pension at the rate of 50% and the minimum pension at 50% of the minimum wage has no basis at all. Family pension is granted mostly in the case of the surviving spouse or unmarried or widowed daughter. To reduce the pension beyond 10% is to heap misery and agony on the survivors. Our suggestion in the matter is that the surviving member of the family be provided with at least 50% of the pension.

3. Enhance the pension and family pension on the basis of the increased age of the pensioner. Grant 5% rise in pension for every addition of 5 years of age, 10% after attaining the age of 80 and 20% for those beyond 90.

The decaying process of physique gets accelerated normally after 60 years of age. To keep one fit, after the age of 60, increased expenses on various counts are needed. It was in recognition of this fact that the earlier Pay Commission suggested to calibrate the pension entitlement linking to the age of the pensioner. The demand was formulated to rein in a logical methodology for such increases. Our specific suggestion is to raise the quantum by5% (i.e. 65% at the age of 65) and by 5% for every five year increase in the age of pensioner. However, the increase will have to be 10% at the age of 85 and 20% at the age of 90.

4. Restoration of Commuted value after 10 years and gratuity as per the provisions of the Gratuity Act.

It is now an admitted fact that the Government recovers the full value of the commuted portion of the pension in 10 years including the interest. However, it has refused to accede to the demand for a revision of the period of restoration when it was taken up in the National Council. There had been no reason adduced as to why this demand cannot be accepted, when the issue was subjected to discussions before the 7thCPC. Fifteen years is too long a period and the last five years in which the pensioner is denied the full pension is without justification. We request you to kindly place this fact before the Empowering Committee for a favourable decision. In the matter of gratuity our demand is that the Government must adhere to the provisions of the Gratuity Act and no distinction between the Government employees and the workers in the Public or private enterprises be made in the matter.

5. Fixed Medical Allowance.

The pensioners who resides at locations not covered by the CGHS scheme has no health care benefit at all. The serving employees are entitled for CGHS benefit if they stay in any of the 26 cities where the CGHS facilities are available, and they enjoy the benefit of CVCS(MA) Rules in other places. The Pensioners staying outside the CGHS areas are to bear the health care expenses from the3oir meagre pension amount. It is in consideration of this fact, a fixed medical allowance was introduced. However, the quantum of such allowance is a paltry sum of Rs. 500 p.m. In the neo-liberalised economic system, the administered price mechanism barring in the case of a few medicines, has been dispensed with, consequent upon which is the exorbitant prices of medicines in the market. The pensioner is not able to afford the prices of medicines. Either the Government must come forward to bring in the application of CCS(MA) rules to the pensioners who are not within the ambit of CGHS or the FMA will have to be increased. We request that the FMA may atleast be raised to Rs. 2000 per month.

6. Grant of HRA for pensioners.

Gone are the days when the pensioner can expect to be looked after by their children. In most of the cases, they are unable to live with their children even if the children are willing to accommodate them. This is because of the frequent transfer of workplace and many other relevant factors. As has been pointed out elsewhere in this letter, the pensioners of date were the serving employees of 1970s,80s and 90s. They did not have a decent wage structure nor could they obtain loan facility from the banks on nominal interest (which the people of the present contemporary society enjoys), with the result they could not venture to own a house for occupation atleast after retirement. Throughout their service career they had been in the occupation of the Government accommodation, which they had to vacate after retirement. The real estate business in the country witnessed a boom in 1990s and 2000s, . The pensioners cannot compete in the real estate market either with the consumers like serving employees or business people. All these factors put together makes the pensioners to shell out a major portion of his pension income only for hiring a dwelling place. We, therefore, request the Committee may consider the demand for HRA from a humanitarian point of view.

7. Grant of an increment prior to the date of retirement.

Grant of one increment in the case of those pensioners who retired on completion of one year in service as on the date of superannuation had been the demand the staff side placed before the Government for their consideration in the National Council. The demand was rejected on the technical ground that even though they had worked for a full year the grant of increment would be possible only if they are in service on the day when it become due. The 6th CPC while recommending uniform date of increment for all Government Servants, also suggested that in the case of all employees who had completed more than six months, increment might be granted. The issue was taken up before the 7th CPC too through our memorandum. The Commission also did not recommend the acceptance of our demand. We therefore, appeal once again to the Government that this simple issue may be settled as it has very little coverage and the consequent financial implication is very meagre.

These are some of the issues, which various pensioners organisations have brought before us to take it up with you. We therefore, once again request you to kindly consider these issues in the light of the justification we have appended under each of them and recommend to the Government for a positive consideration thereof.

The Pension Department subjected the Option No.1 and its feasibility to discussion on three occasions. However, they did not listen to the Pensioner’ demands. At the end of the discussion, the Staff Side JCM had to place on record in writing our views on each and every demand, The letter of the Staff Secretary, being self explanatory, is reproduced hereunder.

We refer to the discussions held on 6.10.2016 in the matter of feasibility of acting upon the 7thy CPC recommendations (Option No. 1) in the matter of pension computation and the minutes circulated under cover of the letter cited. At the outset, we would like to state that the members of the Staff Side, who were associated with the discussions, gained an impression that the Pension Department would not like to implement the recommendation of the 7th CPC concerning Option No. 1 provided to the Pensioners in determination of the revised pension. As has been pointed out by us during the discussions on 6th October, the Government has accepted the said recommendation with a rider of its feasibility of implementation. The attempt, therefore, must be to explore the ways and means of implementing the said recommendation, which benefits a large number of retired personnel, especially those retired prior to 1996. It is, therefore, highly doubtful how any alternate proposal in replacement of the accepted recommendation would be tenable.

We have the matter considered by various Pensioners Associations as also the Federations of the Serving employees. We enumerate hereunder the feed- back we have received:

Even according to the exercise carried out by the Pension department, only in 18% of the cases, the service Books are reported to have been not available. Conversely it means that in 82% of the cases the records are available to operationalize option No.1. Besides, we find that on the basis of a random scrutiny that only 40% (Percentage varies from Department to Department depending upon the then prevailing career prospects) generally will opt to have pension fixation under the provisions of option No.1. It will work out to hardly 7% of the cases, where Service Books might not be available. As has been pointed out in the last meeting, Gradation/Seniority list is maintained for each Cadre by the Concerned Department, where the date of promotion to the cadre inter alia is indicated. The said gradation list will reveal many other details viz. the date of birth, date of entry into government service, date of promotion to the present cadre, whether eligible for next promotion, date of superannuation etc. This apart there are several other documents maintained by the Department, which will come in handy for verification of the clam, viz, the pay bills, Establishment files containing promotion orders etc. In other words it is possible to verify the claim of any individual pensioner or family pensioner and take appropriate decision. In other words, there is no infeasibility question at all. It was also pointed out by many organisations that the retention period of Service Books in all major Departments of the Government of India is 5 years after the death of the Pensioner/ Family Pensioner and not 3 years after retirement as indicated by the Official side at the meeting. This apart, it may also be noted that the option has to be exercised by the concerned individual pensioner and he has to make a formal application to the concerned authorities. He is bound to substantiate his claim with documentary proof, whatever that is available with him.

was pointed out by some of us in the last meeting, the non- implementation of an accepted recommendation on the specious plea of infeasibility will pave way for plethora of litigation. Apart from the administrative difficulties, the Pension Department would be saddled with if such litigations arise, it would be sad and cruel on the part of the Government to compel the pensioners to bear huge financial burden to pursue their case before the courts of law.

In view of this the Staff side is of the firm view that the Government issue orders for implementation of Option No. 1 as there is no room for stating that the recommendation is impossible to be implemented for those who are benefited by the said option.

We are aware that certain anomalies are bound to arise on implementation of option No.1 Anomalies have arisen in the past too. What is needed is to examine those anomalies and ensure that those are genuinely addressed.

It may be noted that even under the present dispensation, no two Government servants are entitled for the same pension despite they being retired on superannuation from the same grade on the same day. The promotion in lower cadres especially Group B, C and D had been few and far between a decade back in many departments and continues to be the same situation in certain organisations of the Government of India. The vacancy based promotion system, one must admit , operates in a fortuitous manner. For no fault of the individual employee, he/she may retire without getting a promotion whereas his colleague due to sheer luck might get the promotion at the fag end of the career. The case of those employees who retired prior to the advent of ACP or MACP is really pathetic. They had to remain in certain departments in the same cadres for years together. They are in receipt of a paltry amount of pension though there is nothing distinguishable in their service careers for such deprivation. To deny them the benefit provided by the 7th CPC on the specious plea that the relevant records are not available with the Government may not only be unreasonable but also will not stand the test of judicial scrutiny .

As we have stated in the meeting, the alternative suggestion put forth by the official side is a welcome feature , for it might be a step in the right direction to remove the anomaly pointed out by the Official side when Option No.1 is implemented and will benefit those pensioners who got their promotion at the fag end of their career.. It is also likely to bring about certain extent of parity, if not full, between the old and the present pensioners. However it cannot be in replacement of the recommendation in respect of Option No.1. made by the 7th CPC. The alternate suggestion of the Pension Department may be offered as another option to the pensioners who are not benefited either by Option No. 1 or 2 recommended by the 7th CPC. Such an option will eliminate to a great extent the anomalies that might arise from the implementation of option No. 1.

In fine, we request that:

The Pensioners/family pensioners may be allowed to choose any one of thefollowing three options;

(a) 2.57 time of the present pension if that is beneficial.

(b) Option No. 1. Recommended by the 7th CPC, if that is beneficial for them.

( c). to determine the Pension on the basis of the suggestion placed by the Pension Department on 6.10.2016 i.e. extension of the benefit of pension determination recommended by the 5th CPC (viz. arriving at notional pay in the 7th CPC by applying formula for pay revision for serving employees in each Pay Commission and consequent pension fixation) to all pre-2016 Pensioners/family pensioners, if that becomes beneficial to them.

On 29th June, 2016, the Government announced their decisions on various recommendations of the 7th CPC. Not a single suggestion of the employees was accepted Enraged over the nugatory attitude of the Government, the NJCA decided to go ahead with its decision or organsising indefinite strike from 11th July, 2016. On 30th June, and again on 6th July, the group of Ministers negotiated with the leaders of NJCA. Assurances were held out for improving upon the Minimum Pay and multiplication factor within four months. The said period of 4 months expired on 6th November, 2016

Confederation of Central Govt. employees and workers decided to commence a series of action programmes against the non-honouring of the commitment. The 2nd phase of the programme was on 15th December, 2016, when they organized a massive rally at Parliament Street. The Confederation has now decided to organize a one day strike on 15thFeb.2017.

In the meantime, the Bharat Pensioners Samaj one of the biggest pensioners associations in the country had their all India Conference It was decided that the pensioners organizations should come together and organize a programmes. On behalf of NCCPA, the undersigned attended the said meeting. We have requested them to convene the meeting of leaders of all Pensioners organizations and fix up the date for the programme.

The CWC will discuss all these issues and take appropriate decisions. However, it must give credence in building up the organization in the days to come.

Before we conclude it is necessary to once again emphasize th3e need to chlak out ways and means to strength of the movement. i.e. ITPF.

KKN KUTTY

Secretary General