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Retired employees to get medical reimbursement: Delhi High Court



Retired employees to get medical reimbursement: Court

Ruling that all government employees, even those retired, are entitled for medical reimbursement, the Delhi High Court Tuesday asked the Delhi government to pay the medical bills of a man who retired from a government enterprise in 2002.

Justice Kailash Gambhir asked the government to pay the medical expenses of Suraj Bhan and said: 'The state has a constitutional obligation to bear the medical expenses of government employees while in service and also after they are retired. Clearly in the present case by taking a very inhuman approach, these officials have denied the grant of medical reimbursement to the petitioner forcing him to approach this court.'

Bhan had approached court seeking reimbursement of his medical bills.

In 2003, following a circular issued by the government, Bhan got enrolled for the medical scheme and paid the premium on regular basis though he had retired a year earlier. In 2007, a new scheme was introduced, but he was not aware of it.

Bhan was suffering from asthma and was under treatment at the Sir Ganga Ram Hospital from July 3 to July 9, 2004. When he moved an application for reimbursement of Rs.33,654 towards hospital bills it was rejected by the employment officer as Bhan was not part of the 2007 scheme.

'It is quite shocking that despite various directions from the courts, the government in utter defiance of the law has taken a position that the pensioner is not entitled to the grant of medical reimbursement since he did not opt to become a member of the said health scheme after his retirement,' the court said and imposed a law suit cost of Rs.10,000 on the government.

The government said that since Bhan had not opted for the new scheme in 2007, he was not entitled to reimbursement.

'The scheme is prospective in nature and the same would be effective once an employee becomes a member of the scheme and not otherwise,' counsel for the government said.

'It is a settled legal position that a government employee during his life time or after his retirement is entitled to get the benefit of medical facilities and no fetters can be placed on his rights on the pretext that he has not opted to become a member of the scheme or had paid the requisite subscription after having undergone the operation or any other medical treatment,' the court said.
Source: Indo Asian News Service

INDEFINITE STRIKE FROM 20th APRIL, 2010 - BSNL EMPLOYEES



JOINT ACTION COMMITTEE


OF


BSNL UNIONS / ASSOCIATIONS


ORGANISE INDEFINITE STRIKE


From 20th APRIL, 2010.


Please click here to get the webpage, highlight the strike demands in enlarge poster of BSNL Employees and Retirees.


Grant of 8% additional Dearness Relief to all Pensioners w.e.f.1.1.2010



F.No. 42/18/2010 - P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners' Welfare


3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi - 110003
Date: 31st March, 2010.

  

OFFICE MEMORANDUM

  

Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners - Revised rate effective from 1.1.2010.

  

              The undersigned is directed to refer to this Department's OM No. 42/12/2009 - P& PW(G) dated 23.9.2009 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief payable to Central Government pensioners shall be enhanced from the existing rate of 27% to 35% w.e.f. 1st January, 2010.

2.          These orders apply to (i) All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners and (v) The Burma Civilian pensioners/family pensioners and pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan, who are in receipt of ad-hoc ex-gratia allowance of Rs.3500/- p.m. in terms of this Department's OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department's OM No. 23/3/2008 - P&PW(B) dated 15.9.2008.

3.           Central Government Employees who had drawn lumpsum amount on absorption in a PSU/Autonomous body and have become eligible to restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department's OM No. 4/59/97 - P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 35% w.e.f. 1.1.2010 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lumpsum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the O.M. dated 14.07.98. In this connection, instructions contained in this Department's OM No.4/29/99 - P & PW (D) dated 12.7.2000 refers.

4.           Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.

5.           Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department's OM No. 45/73/97 - P&PW (G) dated 2.7.1999 as amended vide this Department's OM No. F. No. 38/88/2008 - P&PW (G) dated 9th July, 2009. The provisions relating to regulation of DR where pensioner is in receipt of more than one pension will remain unchanged.

6.           In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

7.           It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

8.           The offices of Accountant General and Authorised Public Sector Banks are requested to arrange payment of relief to pensioners etc. on the basis of above instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-II dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No.GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

9.           In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue in consultation with the C&AG.

10.           This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their OM No. 1(4)/EV/2004 dated 31.3.2010.

(V.K. Wadhwa)
Under Secretary



To, All Ministries / Departments to the Government of India / Chief Secretaries and AGs of all States / UTs.

Please visit http//persmin.nic.in/pension for the orders on pension matters including above orders.

Govt to hire retired employees for Census 2011



Govt to hire retired employees for Census 2011

Hit by a shortage of officers, the government has decided to hire its retired employees to contribute in the conduct of the mammoth Census exercise covering 1.2 billion residents spread over 35 states and Union Territories.

The government has floated 695 temporary posts to be filled by retired central and state government employees in the ranks of Joint Director (Census operations) up to the level of data entry operators to function under the office of the Registrar General and Census Commissioner of India.

The retired employees will be hired on temporary basis, for six months, which can be extended, with an approximate salary (with additional travelling and dearness allowance) in the range of Rs 26,000 to Rs 12,000 in various ranks.
source: PTI

Order to revise house rent rule



Order to revise house rent rule

A husband and a wife who are government employees are both entitled to house rent allowance if one of them is posted a “reasonable distance” away from the other, Calcutta High Court has said.

The government now offers the allowance to either the husband or the wife if the distance between their workplaces is less than 250km.

But the court today ask- ed the government to redraw the house rent allowance policy using a “reasonable dis- tance” instead of 250km as the cut-off.

The matter came up during the hearing of a case moved by a Murshidabad teacher whose husband works for the railways in Calcutta.

Since Shukla Das’s hus-band stays 225km from her school in Kandi, she is not entitled to her house rent allowance, according to the rule that came into effect following a circular issued in October 2007. “She stays in a rented house at Purandarpur but she doesn’t get any rent allowance as her husband is already getting it,” said her lawyer Kaushik Chanda.

Das welcomed the order. “I had repeatedly told the authorities that I deserved the allowance but nothing happened. So, I moved court earlier this month.”

Opposing the petition, government lawyer Kamalesh Jha had said: “Fixing the house rent allowance for government employees is an administrative decision and the court should not interfere in the matter.”

However, Justice Biswanath Somadder said: “As the transport system and infrastructure in our country are not so developed that an employee can travel 450km a day to attend his/her place of work and return home, the government should fix a reasonable distance from home to the workplace if it wants to give house rent to only one of them.”

Before the 2007 circular, all state government employees were entitled to house rent allowance.

“When the government realised that working couples were drawing double house rent but sharing the same accommodation, it adopted the existing policy. But the 250km norm was impractical,” said Chanda.
Source: Telegrahpindia



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