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CGHS Medical Claim Can’t Be Denied – Supreme Court Judgment

CGHS Medical Claim Can’t Be Denied – Supreme Court Judgment

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 694 OF 2015

Shiva Kant Jha

…. Petitioner(s)

Versus

Union of India

…. Respondent(s)

JUDGMENT

R.K. Agrawal, J.

1) The jurisdiction of this Court has been invoked by the petitioner herein by filing this writ petition against the alleged unfair treatment meted out to several retired government servants in their old age and their state of affairs pertaining to reimbursement of medical claims under the Central Government Health Scheme (CGHS).

2) Brief facts:

(a) The petitioner herein is a CGHS beneficiary (retired pensioner) having a CGHS Card valid for whole life for medical treatment in Private Ward. The petitioner herein submitted two sets of his Medical bills under the Central Government Health Scheme (CGHS) for reimbursement on account of his treatment done in November, 2013 in the Fortis Escorts Hospital, New Delhi for Rs. 9,86,343/- for his cardiac ailments involving the implant of CRT-D device and two sets of bill amounting to Rs. 3,98,097/- for his treatment at Jaslok Hospital, Mumbai for cerebral stroke and paralytic attack.

(b) The petitioner herein submitted the first Bill on 02.01.2014 and the second Bill (two) on 19.07.2014 to the authority concerned. The first Bill was considered by the Technical Standing Committee in May 2014 and the claim was rejected without informing him of the reasons for rejection. The case was again considered by the Standing Committee on 10.07.2014 and was rejected on the ground that CRT-D implant was not required. Aggrieved of the above, the petitioner herein filed a representation before the Secretary, Ministry of Health 86 Family Welfare. The said representation was again considered by the Standing Committee on 15.01.2015 and was rejected for the reason that “Prior approval for such device implant was not sought”. Again, in fourth attempt, the petitioner herein approached the Director General of the CGHS. After presenting the memorial to the Director General of the CGHS, the government credited an amount of Rs. 4,90,000/- in the petitioner’s Bank Account, however, he was never heard on any point nor any speaking order was ever communicated to him.

(c) In the second set of Bills of the Jaslok Hospital, the petitioner’s claim was curtailed to the tune of Rs. 94,885/-, being just one-fourth of the claim and no opportunity of being heard was granted to the petitioner. Thus, the petitioner herein was denied an amount of Rs. 4,96,343/- from the first claim and Rs. 3,03,212/- from the second set of claim. In other way, out of the total bills amounting to Rs. 13,84,440/-, the petitioner herein was paid Rs. 5,84,885/-, meaning thereby, the petitioner herein was denied Rs. 7,99,555/-. To both the hospitals, the petitioner had to pay out of his personal resources. However, this Court, vide order dated 01.02.2016, directed the respondent-State to pay a sum of Rs. 3,00,000/- to the petitioner as an interim relief.

(d) Aggrieved by the decision of the CGHS in not allowing the medical bills in full, the petitioner herein has filed this writ petition under Article 32 of the Constitution of India claiming that he being in late 70s of his age, needs money to meet the needs for his survival.

3) Heard the petitioner-in person and Ms. Binu Tamta, learned counsel for the respondent-State.

Rival contentions:

4) The petitioner in person contended before this Court that over several years, several retired government servants, in their old age, have suffered and even died due to unfair treatment meted out to them by the CGHS and its controlling Ministry, the Ministry of Health and Family Welfare, in discharge of their duties. The petitioner contended that the impugned CAG’s Report with regard to “Reimbursement of Medical Claims to the Pensioners under CGHS” have also expressed the indifference against the pensioners. He further contended that every government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights.

The petitioner in-person finally contended that this Court may exercise its jurisdiction under Articles 32 and 142 of the Constitution so that the fundamental rights of the petitioner under Articles 14 and 21 are protected and promoted by reimbursing his medical expenditure already incurred by him under genuine emergency and also to frame some guidelines for effective implementation of the claims of the pensioners under the CGHS.

5) Per contra, learned counsel for the respondent while refuting the claim of the petitioner submitted that the case of the petitioner has been dealt with in accordance with the Circulars and Office Memorandums issued by the Ministry of Health 86 Family Welfare from time to time. Learned counsel further submitted that the petitioner cannot be given any special treatment beyond the terms of the circulars which would amount to violation thereof and would lead to arbitrariness and discrimination qua a large number of such like beneficiaries.

6) Learned counsel for the respondent further contended that the government has empanelled several hospitals under the CGHS and the petitioner did not approach the empanelled hospital during medical emergency and he was charged by the hospital as per their own rates whereas the rates charged for such facility shall be only at the CGHS rates and that too after following a proper procedure given in the Circulars issued on time to time by the concerned Ministry. Further, the CGHS has a complete set of rules and guidelines to be followed in each case and if the petitioner is compensated beyond the policy, it would have large scale ramifications. Learned counsel for the respondent-State finally submitted that the petition is devoid of merits and is liable to be dismissed.

Discussion: –

7) Union of India-the respondent herein, while complying with the order passed by this Court dated 11.04.2016 filed an affidavit describing the in-house procedure to be followed in dealing with the claims under CGHS, the remedy/ appeal available in dealing with the claims and also the nature of claims pending in respect of card holders. The detailed procedure which is followed for the purpose of medical reimbursement claims of CGHS beneficiaries have been set out in Circular dated 14.11.2011 and further supplemented by the instructions dated 11.12.2012. The steps provided in the said procedure are given hereinbelow:-

Procedure for Medical Reimbursement Claim (MRC) in Central Government Health Scheme (CGHS)

(a) The patient or beneficiary has to approach the in-charge of the wellness centre where he/she is registered.

(b) That after getting all the documents required for MRC from the beneficiary, CMO in-charge submits the same online to CMO (R&H) of the respective Zonal Office and also send one hard copy through official dak to the respective Zonal Office CMO (R&H) who process the MRC as per CGHS rates.

(c) The CMO (R&H) processes the MRC as per CGHS Rates. If CGHS rates are not available, reimbursement is considered at AIIMS rates. And if AIIMS rates are also not available, the reimbursement is made as per actual rates.

(d) The CMO (R&H) gets the approval of Additional Director (AD) of the respective Zonal Office for the MRC. Then approved amount of MRC is sent as bill to the Pay 86 Accounts Office (PAO) CGHS Rajinder Nagar.

(e) Pay & Accounts Office credits the approved amount of MRC in the account of beneficiary through Electronic Clearing System (ECS).

The procedure of appeal/remedy in CGHS regarding MRC is given hereunder:-

(a) If the beneficiary is not satisfied with the claim, he can request in writing to the Competent Authority in CGHS. The request is then forwarded to the higher authority by the respective Zonal Office for consideration.

(b) If the higher authority considers it necessary to have the opinion of the specialist of concerned speciality, a Special Technical Committee (STC) meeting is held.

(c) On the basis of the recommendation of the Special Technical Committee, the approval of the competent authority is taken and the approved amount is paid to the beneficiary by PAO.

8) Union of India, by filing an affidavit before this Court, submitted that most of the claims are reimbursed only through the CGHS sources as per the package rates of CGHS. However, there are few such cases received occasionally where reimbursement is done from two sources i.e. from CGHS and from the insurance companies. Such claims are first processed by insurance companies and then by the CGHS. The claim of CGHS is reimbursed as per the Office Memorandum dated 19.02.2009. It is further submitted that no such cases involving reimbursement from two sources is pending in CGHS.

9) Further, the writ petitioner was admitted in emergency condition with complaint of breathlessness on 11.11.2013 in Fortis Escorts Health Institute, which was a non-empanelled hospital at the relevant time. He underwent angiography on 12.11.2013 which revealed diffused disease in left anterior descending coronary artery 50-60%. He had been implanted the CRT-D device (Combo) as part of cardiac resynchronization therapy (CRT) on 12.11.2013. The hospital charged an amount of Rs. 11,56,293/- for the said treatment, out of which, an amount of Rs. 10,70,000/- was for the cost of the unlisted cardiac implant (CRT-D) and an amount of Rs. 3,19,950/- was paid by the Insurance company directly to the hospital.

10) A Special Technical Committee meeting was held on 29.04.2014 to consider the case of the petitioner. However, on examining the same, the Committee did not find any justification for the implant of CRT-D device of the petitioner. On a further request by the petitioner, the Special Technical Committee again did not find any justification for the implant of CRT-D device on 10.07.2014. On a request for reconsideration by the petitioner, on 15.01.2015, the case of the petitioner was again reconsidered by the Special Technical Committee which denied the claim of CRT-D.

11) The total expenditure incurred by the petitioner towards his medical treatment at Fortis Escorts Heart Hospital, Delhi was Rs. 9,86,343/- and at Jaslok Hospital, Mumbai was Rs. 3,98,097/-, hence, the total amount claimed by the petitioner was Rs. 13,84,440/-. Though the Special Technical Committee did not find the implant justified, the competent authority, keeping in view the emergency nature of the case of the petitioner, approved the reimbursement of implant as per AIIMs rate. Therefore, out of the total amount i.e., Rs. 13,84,440/-, an amount of Rs. 4,90,000/- was paid to the petitioner on the direction of the authority and Rs. 94,885/-for the treatment at Jaslok Hospital. As per this Court’s direction dated 01.02.2016, a sum of Rs. 3,00,000/- has also been paid by the respondent. Hence, a sum of Rs. 4,99,555/-is the claim of the petitioner in the present writ petition.

12) With a view to provide the medical facility to the retired/serving CGHS beneficiaries, the government has empanelled a large number of hospitals on CGHS panel, however, the rates charged for such facility shall be only at the CGHS rates and, hence, the same are paid as per the procedure. Though the respondent-State has pleaded that the CGHS has to deal with large number of such retired beneficiaries and if the petitioner is compensated beyond the policy, it would have large scale ramification as none would follow the procedure to approach the empanelled hospitals and would rather choose private hospital as per their own free will. It cannot be ignored that such private hospitals raise exorbitant bills subjecting the patient to various tests, procedures and treatment which may not be necessary at all times.

13) It is a settled legal position that the Government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights. It is acceptable to common sense, that ultimate decision as to how a patient should be treated vests only with the Doctor, who is well versed and expert both on academic qualification and experience gained. Very little scope is left to the patient or his relative to decide as to the manner in which the ailment should be treated. Speciality Hospitals are established for treatment of specified ailments and services of Doctors specialized in a discipline are availed by patients only to ensure proper, required and safe treatment. Can it be said that taking treatment in Speciality Hospital by itself would deprive a person to claim reimbursement solely on the ground that the said Hospital is not included in the Government Order. The right to medical claim cannot be denied merely because the name of the hospital is not included in the Government Order. The real test must be the factum of treatment. Before any medical claim is honoured, the authorities are bound to ensure as to whether the claimant had actually taken treatment and the factum of treatment is supported by records duly certified by Doctors /Hospitals concerned. Once, it is established, the claim cannot be denied on technical grounds. Clearly, in the present case, by taking a very inhuman approach, the officials of the CGHS have denied the grant of medical reimbursement in full to the petitioner forcing him to approach this Court.

14) This is hardly a satisfactory state of affairs. The relevant authorities are required to be more responsive and cannot in a mechanical manner deprive an employee of his legitimate reimbursement. The Central Government Health Scheme (CGHS) was propounded with a purpose of providing health facility scheme to the central government employees so that they are not left without medical care after retirement. It was in furtherance of the object of a welfare State, which must provide for such medical care that the scheme was brought in force. In the facts of the present case, it cannot be denied that the writ petitioner was admitted in the above said hospitals in emergency conditions. Moreover, the law does not require that prior permission has to be taken in such situation where the survival of the person is the prime consideration. The doctors did his operation and had implanted CRT-D device and have done so as one essential and timely. Though it is the claim of the respondent-State that the rates were exorbitant whereas the rates charged for such facility shall be only at the CGHS rates and that too after following a proper procedure given in the Circulars issued on time to time by the concerned Ministry, it also cannot be denied that the petitioner was taken to hospital under emergency conditions for survival of his life which requirement was above the sanctions and treatment in empanelled hospitals.

15) In the present view of the matter, we are of the considered opinion that the CGHS is responsible for taking care of healthcare needs and well being of the central government employees and pensioners. In the facts and circumstances of the case, we are of opinion that the treatment of the petitioner in non-empanelled hospital was genuine because there was no option left with him at the relevant time. We, therefore, direct the respondent-State to pay the balance amount of Rs. 4,99,555/ – to the writ petitioner. We also make it clear that the said decision is confined to this case only.

16) Further, with regard to the slow and tardy pace of disposal of MRC by the CGHS in case of pensioner beneficiaries and the unnecessary harassment meted out to pensioners who are senior citizens, affecting them mentally, physically and financially, we are of the opinion that all such claims shall be attended by a Secretary level High Powered Committee in the concerned Ministry which shall meet every month for quick disposal of such cases. We, hereby, direct the concerned Ministry to device a Committee for grievance redressal of the retired pensioners consisting of Special Directorate General, Directorate General, 2 (two) Additional Directors and 1 (one) Specialist in the field which shall ensure timely and hassle free disposal of the claims within a period of 7 (seven) days. We further direct the concerned Ministry to take steps to form the Committee as expeditiously as possible. Further, the above exercise would be futile if the delay occasioned at the very initial stage, i.e., after submitting the relevant claim papers to the CMO-I/C, therefore, we are of the opinion that there shall be a timeframe for finalization and disbursement of the claim amounts of pensioners. In this view, we are of the opinion that after submitting the relevant papers for claim by a pensioner, the same shall be reimbursed within a period of 1 (one) month.

17) In view of the foregoing discussion, we dispose of the petition filed by the writ petitioner with the above terms.

………………………………..J
R.K. AGRAWAL)
……………………………….J
(ASHOK BHUSHAN)

NEW DELHI;
APRIL 13, 2018.

Supreme Court Judgement Copy

Empanelment of private hospital and diagnostic centres under CGHS Delhi & NCR

Empanelment of private hospital and diagnostic centres under CGHS Delhi & NCR

No: S.11011/03/2018-CGHS (HEC)
Government of India
Directorate General of Central Government Health Scheme
Department of Health & Family Welfare
*************

Nirman Bhawan, New Delhi.
Dated the 11th April, 2018

OFFICE ORDER

Subject: Empanelment of private hospital (including dental clinics and eye centres) and diagnostic centres under CGHS Delhi & NCR.

In continuation of this Directorate’s Office Memorandum of even no. dated 26.12.2017 regarding empanelment under continuous empanelment scheme, the undersigned is to convey that in addition to the list of the hospitals (including dental clinics & eye centres) and diagnostic laboratories already empanelled, the hospitals (including dental & eye centres) and diagnostic laboratories as per the list attached (22 HCOs) have also been empanelled under CGHS in Delhi & NCR with issuance of this order. The newly empanelled hospitals (including dental clinics & eye centres) and diagnostic laboratories may be treated as included in the existing list of empanelled health care organization under CGHS on same terms and conditions as have been indicated in the Office Memorandum dated 26.12.2017.

Encl: As above

[Dr. D.C. Joshi]
Director (CGHS)

Sr.
No.
Name of the Hospital
Address & Tel. No.
NABH/ NABL QCI Recommended
Empanelled for
1. Delhi Heart Hospital 176, Jagriti Enclave, Bhartendu Harish Chandra Marg, Near Karkardooma Metro Station, Delhi – 110092. Tel. No. 011-22157272, 43014288 QCI Recommended General Medicine, Respiratory Medicine, Non-Interventional Cardiology
2. East Delhi, Medical Centre, 1-550, G.T. Road, Mansarovar Park, Delhi – 110032. Tel. No. 011-22583204, 22596736 QCI Recommended General Medicine, Gynae & Obs., Orthopedics and joint replacements, General Surgery, Medical & Surgical Oncology, Neurology & Neuro Surgery, Nephrology, Gastroenterology, Eye and Diagnostics.
3. Rosewood Hospital (A unit of JLKD Healthcare Pvt. Ltd. 5, JL Block, Roshan Garden, Najafgarh, New Delhi – 110043. Tel. No. 011-25322537, QCI Recommended General Medicine, Gynae & Obs., Orthopedics and joint replacements, General Surgery, Neurology & Neuro Surgery, Gastroenterology, Dental, Eye, ENT and Diagnostics.
4. New Balaji Hospital Plot – 734, Haldauni More, Main Dadri Road, Greater Noida-201306. Tel. No. 8285124442. QCI Recommended General Medicine, Gynae & Obs., Orthopedics and joint resplacements, General Surgery, ENT, Eye and Diagnostics.
5. Universal Centre of Health Science Bypass Road, Molarband Extension, Badarpur, New Delhi-110044. Tel. No. 8800800500 QCI Recommended Cardiology & Cardiothoracic Surgery, General Medicine, General Surgery, Orthopedic surgery including Joint replacement, Urology, Nephrology (including Dialysis), Gastroenterology & Chemotherapy only) and Diagnostics.
6. Sonia Hospital (A unit of Altius Healthcare Pvt. Ltd.) 1, Gulshan Park, Main Rohtak Road, Nangloi, Delhi. Tel. No.8750060177 QCI Recommended General Medicine, General Surgery, Gynae & Obst., Orthopedic surgery including Joint replacement, Gastroenterology Neurology, Urology, Nephrology (including Dialysis),
7. Hope Imaging & Diagnostics D-40, Shyam Park Extension, Jindal Market, Sahibabad, Ghaziabad – 201005. Tel. No. 0120-4215167. NABL Accredited Laboratory Investigation
8. Total Diagnostics Care I-1 Kailash Park, Opp. Metro Pillar No. 330, Kirti Nagar, New Delhi – 110015, Tel. No. 011-49074841, 43 NABH Accredited X-ray, OPG, USG, Colour Doppler, MRI, CT Scan, Mammography and Laboratory Investigation
9. Itek Vision Centre (A unit of Skiffle Healthcare Services Ltd.) B-1A/22, Sector-51, Ground Floor, Noida – 201301. Tel. No. 0120-4288757. QCI Recommended Exclusive Eye Care Centre
10. Vistech Eye Centre (A unit of Jasola Healthcare LLP) Plot No. 2, Pocket-I, Jasola Vihar, New Delhi – 110025. Tel. No. 011-41080233 QCI Recommended Exclusive Eye Care Centre
11. Dev Eye Centre (A unit of Skiffle Healthcare Services Ltd.) R-10, Vakil Colony, Sector-12, Pratap Vihar, Ghaziabad – 201009. Tel. No. 0120-2740340. QCI Recommended Exclusive Eye Care Centre
12. Shyama Super Speciality Eye Hospital. B-139 A, West Vinod Nagar, Narwana Road, I.P. Extension, opp. Press Apartment, Delhi-110092, 011-45631535 QCI Recommended Exclusive Eye Care Centre
13. Sai Eye Care and Medical Centre H-98/1, Sector-12, Pratap Vihar, Near BSNL Telephone Exchange, Ghaziabad-201009. Tel. No. 0120-6525264 QCI Recommended Exclusive Eye Care Centre
14. Delhi Eye Care 4-17, Second Floor, Balraj Khanna Marg, East Patel Nagar, New Delhi. Tel. No. 011-45629416 QCI Recommended Exclusive Eye Care Centre
15. Dento Hub GG-1/23B, Vikas Puri, New Delhi-110018. Tel. No. 011-45110704 QCI Recommended All Available Dental Care Facilities
16. Dr. Ashok Dentistree 23-Panchkuian Road, Below R.K. Ashram Metro Station, Opp. Pilar No.12, Pharganj, New Delhi – 110055. Tel. No. 011-23585474 NABH Accredited All Available Dental Care Facilities
17. The Healing Touch, … Dental Care First Floor, Behind Mother Dairy, Chetak Complex, Pocket B & E, Market, Dilshad Garden, Delhi- 110095. Tel. No. 8860529040. NABH Accredeted All Available Dental Care Facililties
18. Jain Dental Centre F-1-9, Mandir Marg, Near Happy English School, Krishna Nagar, Delhi- 110051. Tel. No.9810924515 NABH Accredited All Available Dental Care Facilities
19. Faces N Braces Dental Clinic D-85, Lower Ground Floor, Near Saket Metro Station Gate No.3, New Delhi- 110017. Tel. No. 011-65154151. QCI Recommended All Available Dental Care Facilities
20. Crystal Dental Centre (A unit of Crystal Dental Care Pvt. Ltd. 31, Community Centre, Basant Lok, Vasant Vihar, New Delhi – 110057. Tel. No.011-41603131 NABH Accredited All Available Dental Care Facilities
21. R.P.S. Memorial Multispeciality Dental Clinic, D-660 B, Main 100 Feet Road, Chander Lok Colony, Shahdara, Delhi – 110093. Tel. No. 9899221971 NABH Accredited All Available Dental Care Facilities
22. Teerthanker Aadinath Bright Dental Care 11, 12/1513, Wazir Nagar, Bhishampitah Marg, Kotla Mubarkpur, New Delhi-110003. Tel. No. 7351114255. QCI Recommended All Available Dental Care Facilities

Signed Copy

GDCE for filling up of 25% net direct recruitment quota vacancies in Group ‘C’ categories

GDCE for filling up of 25% net direct recruitment quota vacancies in Group ‘C’ categories

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

New Delih April 10th, 2018

No.E(NG)I/2011/PM 1/2

(1) The General Manager (P)
All Zonal Railways & Pus
(As per standard list)
(2) The Chairman:
(a) Railway Recruitment Boards;
(b) Railway recruitment Cells

Sub: General Departmental Competitive Examination (GDCE) for filling up of 25% net direct recruitment quota vacancies in Group ‘C’ categories – Extension of currency upto 31.03.2018

Since the introduction of the scheme of GDCE vide Board’s Letter No. E(NG)- 192/PM2/16 dated 20.08.1993 for one year, the currency of the same is being extended from time to. time, and the same was last extended upto 31.03.2. 018 vide this Ministry’s letter if even number dated 08.03.2016.

In view of the request made by both the federations and some of the Zonal Railways for continuance of the scheme, the matter has been considered by tt:le Board and it has been decided to extend the currency of the GDCE scheme for a further period of 2 years i.e upto 31.03.2020.

The instructions regarding the clarification/modification in the GDCE scheme issued from time to time may also be kept in view while’ implementing the same.

Please acknowledge receipt.

(D.Joseph)
Joint Director Estt (N)
Railway Board

Source : AIRF

GDCE-RBE-57-2018

Deputation / Foreign Service of officers of CSS – Revised instructions

Deputation / Foreign Service of officers of CSS – Revised instructions

F.No.7/10/2016-CS-I(A))
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
CS-I (A) Section

Lok Nayak Bhawan, New Delhi
Dated 13th April, 2018

OFFICE MEMORANDUM

Subject : Deputation/Foreign Service of officers of CSS – Revised instructions regarding

Reference is invited to this Department’s O.M. No.2/2/2010-CS-I() dated 18.08.2010 on the subject noted above.

2. In respect of deputation by a CSS officer, para 2.2. of this Department’s aforesaid O.M. dated 18.08.2010 states as under:

“A CSS officer shall be eligible for deputation/foreign service to any post in Central or State Government, Central/State Government organizations/Government of UTs/Government of UTs organizations/Autonomous bodies/Trusts, Societies, PSUs etc., only after he/she has completed 9 years of service and is clear from the vigilance angle. The 9 years of service clause, however, will not apply to posting in the personal staff of Ministers”.

3. It is reiteriated that the above clause is still in fcrce and all the Ministries/Departments are, therefore, requested to take note of the above clause while forwarding the applications of CSS officers for deputation posts.

(K. Srinivasan)
Under Secretary to the Government of India

Signed Copy

DOPT Orders 2018 – Collection

PCDA Circular 200 : Payment of Dearness Relief to re-employed pensioners – Clarification

PCDA Circular 200 : Payment of Dearness Relief to re-employed pensioners – Clarification

O/o The Principal Controller of Defence Accounts (Pensions)
Draupadighat, Allahabad 211014

Circular No. 200

No. AT/Tech/263-XXIII

Dated: 12/04/2018

To

1. The Chief Accountant, RBI Deptt. of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East, Mumbai-400051
2. The Director of Treasuries of all State……………
3. The Manager CPPC of Public Sector Banks including IDBI
4. The CDA (PD) Meerut
5. The CDA, Chennai
6. The Nodal Officers (ICICI/AXIS/HDFC Bank)….
7. The Pay & Accounts Officer……………
8. The Military. & Air Attache, Indian Embassy, Kathmandu, Nepal
9. The D.P.D.O…………………….
10.Post Master, Kathua (J & K) and Camp Bell Bay

Sub: Payment of dearness relief to re-employed pensioners and employed family pensioners: Clarification thereof.

Ref: This office Circular No. 166 dated 07 / 03 / 2013, Circular No. 173 dated 07/04/20 14 and Circular No. 179 dated 12/05/20 15.

Provisions for payment of dearness relief to re-employed pensioners and employed family pensioners is laid down in Ministry of Personnel, Public Grievances & Pensions (Deptt. of Pension & Pensioners Welfare) OM No. 45/73/97-P&PW(G) dated 02/07/1999 issued under this office Important Circular No. 07 dated 13/08/ 1999. As per the ibid OM, before 18/07/ 1997, in terms of the existing orders, Dearness Relief to pensioners and family pensioners is to remain suspended during the period a pensioner/family pensioner is re-employed/employed under the Central or State Govt. or in a Statutory Corporation/Company/Body/Bank under them in India or abroad. The above facts are also applicable to the pensioners and family pensioners permanently absorbed in Statutory Corporation/Company/Body/Bank under the Central or State Government.

2. Representations from various agencies as well as pensioners/family pensioners including Pension Disbursing Agencies are being received for clarification on Payment of dearness relief to re-employed pensioners and employed family pensioners. The matter has been examined in this office and following points are clarified.

3. However, w.e.f. 18/07/1997, it has been decided by the Govt that:

(i) In so far as re-employed pensioners are concerned, the entire pension admissible is to be ignored at present only in the case of those civilian pensioners who held post below Group ‘A’ and those ex-servicemen who held post below the ranks of Commissioned Officers at the time of their retirement. Their pay, on re-employment, is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such pensioners will consequently be entitled to Dearness Relief on their pension.

(A) For this purpose, the Central Government Departments concerned, including subordinate organizations. State Government, Corporation/Company/Body/Bank etc. employing a Central Government pensioner shall be required to issue of certificate indicating the following:

(a) The re-employed pensioner retired from a civil or military post in the Central Government and was holding a post not included in classified as group ‘A’ or a post below the rank of commissioned officer in the armed forces;

(b) The entire amount of pension sanctioned by the Central Government was ignored in fixation of the pay on re-employment i.e. no part of the pension was taken into account in such fixation of pay in the pay scale of the post in which the Central government retired/retiree was re-employed/absorbed; and

(c) The pay of the re-employed/absorbee was/is fixed at the minimum of the pay scale of the post in which he had/has been initially re-employed after his retirement from the Central Government.

(d) If the pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given.

(B) In the cases where PBOR (below Commissioned Officer) retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn were given, the pay should be treated as fixed at a minimum for the purpose of ignoring the entire pension and allowing Dearness Relief on pension. For benefit of advance increments, the policy for the same should exist in the re-employing department and a copy of such policy matter should be enclosed with the required certificate. But, after granting benefit of advance increments, the last pay drawn by the pensioner is protected, the pensioner in such case will not be entitled for dearness relief on pension.

Illustration 1: A Military pensioner was drawing the pay of Rs. 6,330 in the pay scale of Rs. 5,770-140-8,290 from 01/07/2002 and retired from service on 31/10/2002 before attaining the age of 55 years. He was granted a military pension of Rs. 3,165. He was re-employed in a Civil Post on 01/12/2003 in the pay scale of Rs. 5,000-150-8,000. The post which the pensioner held in the Army before retirement is a non-commissioned post. If his pay is fix for Rs. 5,600/- after granting 4 advance increments in re-employed post, then he will be entitled for dearness relief on pension as his pay fix for Rs. 5,600/- in re-employed post is less than Rs. 6,330/-already drawing in the Army before retirement. However, if his pay is fix for Rs. 6,500/- after granting 10 advance increments in the re-employed post, then he will be not entitled for dearness relief on pension as his pay fix for Rs. 6,500/- in re-employed post is more than Rs. 6,330/- already drawing in the Army before retirement as his last pay has been protected.

Illustration 2: If the pensioner quoted in Illustration 1 above is re-employed in a Civil Post in the pay Scale of Rs. 7,500-250-12,000, his pay is required to be fixed at the minimum of the pay scale of the re-employed post for payment of dearness relief on pension. Any advance increment granted in such situation, will disqualify dearness relief on pension.

(ii) In all other cases of re-employed pensioners, no dearness relief shall be admissible on pension during the period of their re-employment.

(iii) (A) In terms of the existing orders on the subject, the pay of re-employed pensioners who held Group ‘A’ post or posts of the ranks of Commissioned Officers at the time of their retirement is to be fixed at present

at the same stage as last drawn before retirement or, if there is no such stage, at the stage next above the pay last drawn;

at the maximum of the pay scale, if the pay last drawn is more than the maximum of the pay scale of the post in which re-employed;

at the minimum of the pay scale of the post in which re-employed, if it is more than the pay last drawn.

(B) Further, the pay on re-employment is required to be fixed after ignoring only a portion of the pension as revised time to time received for the previous employment. In view of the fact that (i) the pension is taken into account in such cases and not entirely ignored; (ii) The pay in the post of re-employment is not required to be fixed at the minimum of the scale in all cases; and (iii) Dearness Allowance at the rates applicable from time to time is also admissible on the pay fixed in terms of the orders on the subject, these re-employed pensioners will not be entitled, in addition, to any Dearness Relief on their pension.

(iv) Disability element of disability pension is also a type of pension. As such dearness relief on such service/disability pension (including disability element) during re-employment is required to be regulated as per the above procedure.

(v) Payment of dearness relief where discontinued due to re-employment, shall become admissible only with effect from the date they cease to be re-employed. The Pension Disbursing Authority shall require such a pensioner to produce certificate of cessation of re-employment from the office in which the pensioner had been re-employed.

(vi) However, dearness relief is payable to those re-employed pensioners who get consolidated pay without dearness allowance, consolidated fee, daily wages, or elected as Members of Legislative Assembly or Parliament, Ministers/Deputy Ministers of Central or State Government, Indian Red Cross Society and Extra Departmental Agents in the Department of Post.

(vii) As regards employed family pensioners, since the family pension received by the eligible dependents of Central Government employees is, in any case, not taken into account in determining their pay on employment, Dearness Relief at the rates applicable from time to time shall be admissible on their family pension.

(SANDEEP THAKUR)
Addl. CDA (Pensions)

 Signed Copy

Jawahar Navodaya Vidyalaya Selection Test 2018 – Notification regarding Postponement

Notification regarding Postponement of Jawahar Navodaya Vidyalaya Selection Test 2018

Navodaya Vidyalaya Samiti
Ministry of Human Resource Development
(Deptt. of School Education & Literacy)
Government of India

F.No. 1-8/2017-NVS(Exam)

Dated: 13.4.2018

Notification regarding Postponement of Jawahar Navodaya Vidyalaya Selection Test 2018

Notification was issued regarding the conduct of Jawahar Navodaya Vidyalaya Selection Test 2018 on 21st April 2018 vide notification number 04/JNVST-2018 dated 12.02.2018 across the country except the State of Tamil Nadu. Accordingly, JNVST 2018 will be held in all districts on 21.4.2018. Admit Cards have already been issued.

However, the JNVST 2018 in respect of the following 5 districts is postponed due to administrative reasons.

It is to inform to all parents/candidates who have applied for JNVST 2018 that the scheduled test is postponed due to administrative reasons in respect of the following JNVs

01 JNV District Katihar, Bihar
02 JNV District Dhanbad, Jharkhand
03 JNV District South Dinajpur, West Bengal
04 JNV District Jaunpur, Uttar Pradesh
05 JNV District Taran Taran, Punjab

It is expected to hold the examination in the last week of May, 2018. However, the date of examination will be announced separately. However, the results will be announced alongwith all other JNVs.

Signed Copy

KVS Transfer Guidelines 2018 for non-teaching staff upto Assistant Section Officer and teaching staff upto PGTs

KVS Transfer Guidelines 2018 for non-teaching staff upto Assistant Section Officer and teaching staff upto PGTs

KENDRIYA VIDYALAYA SANGATHAN
18,INSTITUTIONAL AREA SHAHEED JEET SINGH MARG,
NEW DELHI-110016
Website: www.kvsangathan.nic.in

F.1-1/2018/KVS HQ (Estt-II)

TOP PRIORITY/MOST URGENT Dated: 13.04.2018

The Deputy Commissioner/Director
Kendriya Vidyalaya Sangathan,
All Regional Offices/ZIETs.

Sub: Notification of KVS Transfer Guidelines 2018 for non-teaching staff upto Assistant Section Officer and teaching staff upto PGTs — regarding.

Madam/ Sir,

With reference to the subject cited above, this is to inform that Transfer Guidelines of KVS 2018 for non-teaching staff upto Assistant Section Officer and teaching staff upto PGTs duly approved by the Board of Governors (BOG) of KVS in its 109th meeting held on 06.03.2018 are enclosed herewith for the reference of all stakeholders.

You are, therefore, directed to circulate these Transfer Guidelines in all Kendriya Vidyalayas of your region/ZIET/RO etc. The Principals should be directed to take printout of sufficient. copies of Transfer Guidelines and to keep them in the library and staff rooms of the Vidyalayas for perusal of staff members. The controlling officers should make all efforts to make these guidelines known to each and every employee of the Vidyalaya.

Schedule of Annual Transfer 2018 will be notified in due course of time, before that it is desired that KVS employees who are eligible for applying for request transfer in 2018 and willing to do so, they must keep their documents/certificates ready in support of their claims as Single Parent/Medical Ground Case/Disability Certificate/PH Certificate etc. To avoid any controversy/inconvenience at last moment, every employee should act well within the time to arrange all these documents/certificates.

Grading/Points of APARs of employees of preceding 02 years should be made available to the Principal by the Regional Office in advance.

Hindi version of the Transfer Guidelines is being sent separately.

This must be given Top Priority.

Enclosure: As above.

Yours faithfully,

(U.N. KHAWARE)
ADDITIONAL COMMISSIONER (ADMN & ACAD.)

KVS Transfer Guidelines 2018

Payment of Over Time Allowances (OTA) – PCA (FYS) Order

Payment of Over Time Allowances (OTA) – PCA (FYS) Order

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
PAYTECH SECTION
SK. BOSE ROAD. KOLKATA: 700001

No. Pay/Tech-11/73

Date:- 12/04/2018

To

1) All Controller of Finance & Accounts (FYS)
2) All Br.AOs

Sub: Payment of Over Time Allowances (OTA) in the revise pay to the employees Of Defence Industrial Establishment governed by the Factory Act. 1948

MoD No dated 2602.2018, received under OFB. Kolkata letter bearing No. 525/Genl/Per/Policy(Vl) dated 19.03.2018 regarding payment of Overtime Allowance to the employees of the Defence Industrial Establishment governed by the Factory Act, 1948 on the basis of revised wages with effect from the date the wages have been revised i.e. 01.01.2016 subject to the conditions mentioned therein, is forwarded herewith for further necessary action at your end.

Further in case of the OT element Of Piece Workers in respect of Overtime up to 9 hours a day or 48 hours in a week is to be worked out on the basis of Piece Work Correlation on 6th CPC pay scale till finalisation Of the Same on revised pay structure.

Encls : As above.

(s/d)
Addl.Controller of Accounts (Fys)

Signed Copy

Minimum educational qualification for open market recruitment to the post of Pharmacist Gr.III in the Medical Department on the railways

Minimum educational qualification for open market recruitment to the post of Pharmacist Gr.III in the Medical Department on the railways

Government of India (Bharat Sarkar)
Ministry of Railways (Rail Mantralaya)
(Railway Board)

RBE No.54/2018.

No.E(NG)II/2001/RR-1/45

New Delhi, Dated:05/04/2018.

The General Manager (P),
All Zonal Railways/Production Units/
Chairmen, Railway Recruitment Boards (RRBs).

Sub: Minimum educational qualification for open market recruitment to the post of Pharmacist Gr.III in the Medical Department on the railways.

Ref: Railway Board’s letter No. E(NG)11/2001/RR-1/45 dated 22.05.2015 (RB No. 49/2015).

Attention is invited to instructions under reference prescribing, inter-alia, minimum educational qualification for open market recruitment to the post of Pharmacist, Grade-III in Level-5 (Pay Band -1 of Rs.5200-20200 having Grade Pay of Rs.2800) as under:-

“10+2 in Science or its equivalent with 02 (two) years Diploma in Pharmacy and registration with Pharmacy Council of India or registration with State Pharmacy Council”.

2. The review of qualification for the above post has been under consideration of this Ministry, pursuant to the issue raised by both the recognized Federations. Accordingly, it has been examined in consultation with Health and Pay Commission Directorate of this Ministry and it has been decided by the Board that the qualification for the post of Pharmacist, Grade III in Level-5 will be as under:-

“10+2 in Science or its equivalent with Diploma in Pharmacy from recognized institution and registered as Pharmacist under the Pharmacy Act, 1948

OR

Bachelor degree in Pharmacy (B. Pharma) from a recognized University or equivalent and Registered as a Pharmacist under the Pharmacy Act, 1948″

3. These instructions will be applicable from the date of issue of this letter. Cases already under process will continue to be dealt in terms of earlier instructions.

4. Please acknowledge receipt.

(Ravi Shekhar)
Jt. Director Estt. (N)-II
Railway Board

Signed Copy

 

AIPEU-GDS : Agitation programme from 17th to 19th April 2018

AIPEU-GDS : Agitation programme from 17th to 19th April 2018 :: Relay Hunger fast in front of all Chief Postmasters General offices in all Circles

Dear Comrades,

You are well aware that inordinate delay regarding the process, approval & implementation of the positive recommendations of Kamalesh Chandra Committee caused more and more anger in the agitating minds of 2.50 lakh GDSs in the country.

It becomes unbearable to every body to explain and expect the situation as there is a floating of messages & clippings in social media on the implementation of the Committee Report for GDS but none from the Govt & Dept.

It became unavoidable for us to commence the series of agitation programmes at all levels to built pressure and draw attention of the Govt & department towards the resentment among GDS employees.

Mobilize and organize GDS members to make all the programmes a grand success.

AIPEU-GDS launched a series of agitation programmes demanding :

  • (i) Immediate implementation of all positive recommendations of Kamalesh Chandra Committee
  • (ii) Complete the process of Membership verification in GDS cadre.

The 3rd All India Conference of AIPEU-GDS held in Allahabad unanimously decided to hold phased manner agitational programmes.

1st phase:

3 DAYS RELAY HUNGER FAST
IN FRONT OF ALL CHIEF POSTMASTERS GENERAL OFFICES
IN ALL CIRCLES ::
FROM 17th TO 19th APRIL 2018.

All CHQ Office bearers, Circle Secretaries, Division/Branch Secretaries are requested to mobilize and organize the GDS members to make the programme a grand success.

P.Pandurangarao
General Secretary

Source : aipeugdsnfpe.blogspot.in

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