Maji Sainik Sanghatana and Kalyan Karyalaya Osmanabad : Swatchhata Abhiyan – Shahaji Chalukya

 

 

 

Empanelment of AYUSH Hospitals / Centers under CGHS

 

F. No Z. 28015/01/2006-HD Cell/CGHS/
Government of India
Ministry of Health & family welfare
Directorate General of Central Government Health Scheme

Nirman Bhavan, New Delhi
Dated: 01.10.2015

OFFICE MEMORANDUM

Subject: Empanelment of AYUSH Hospitals / Centers under CGHS and CS (MA) Rules for Ayurveda. Unani and Yoga & Naturopathy treatments/ procedures and Fixation of Package rates.

Reference is invited to the Notification. No Z. 28015/01/2006-HD Cell/ AYUSH/ CGHS/HQ/Pt-I, dated 03/7/2015 and O.M. No. Z. 28015/01/2006-HD Cell/CGHS dated 3/7/2015.
 

The undersigned is directed to state that after following the prescribed proceedure and on submission of required documents like Memorandum of Aggreement, Performance Bank Gaurantee and Acceptance letter etc. by the QCI recommended AYUSH Hospitals and Centers for empanelment under CGHS and CS (MA) Rules were considered by the competant aurhority and approved. The list of such AYUSH hospitals and package rates/rates for treatments/ procedures are enclosed as Annexures “A” and “B” respectively. The rates and the O.M. is valid for a period of 6 months from 3/7/2015 to 02/1/2016 or new rates are finilised through fresh tender process whichever is earlier.

2. The undersigned is further directed to clarify as under

(a) “Package Rate” means rates for a package of treatment of standard set of procedures that are administered to the patient while undergoing treatment for a pre-diagnosed disease condition for the specified time period. The package rates which are specified for diagnosed diseases/conditions in Annexure “B” should strictly be adhered. Procedures other than the package rates listed in Annexure “B” for a nonspecific disease condition which is not mentioned under package rates will be considered as per the list. The duration of the treatments should not exceed 34 days for Ayurveda and 28 days for Yoga and Naturopathy in the light of P.M. dated 1-1-2008.

i) This includes all charges pertaining to a particular treatment/procedure including registration charges, admission charges, accommodation charges, cost of medicines, Panch Karma charges, Labor Room charges, charges for Kshar sutra operation/procedure charges Doctor/Consultant visit charges, Monitoring charges, operation theatre charges, procedural charges/Surgeon’s fee , cost of disposable surgical charges and cost of all sundries used during hospitalization related to routine investigations, physiotherapy charges etc. from the time of admission to till discharge. This also is inclusive of all sub-procedures and related procedures to complete the treatment.

ii) No additional charge on account of extended period shall be allowed if that extension is due to any improperly conducted procedure.

(b) The rates not indicated in Annexure “B” in respect of items under the head of admission fee, consultation fee, laboratory Investigations/diagnostic tests/procedures, hospitalization Nursing care, Transportation, engagement of attendants etc. will be the same as prescribed for recognized private Allopathic Hospitals under the CGHS. The rates pertain to 2008 of allopathic system are applicable as the O.M. of the dated 1-1-2008 of AYUSH procedures are extended.

(c) Re-imbursement for treatment/procedures for which prescribed rates have not been indicated in Annexure “B” will be charged as per actual. The Hospitals are not required to give medicines in OPD or at the time of discharge of the patient. Medicines so provided shall not be reimbursable. Procedures / Treatments given to the beneficiary outside the list will be discouraged if justification is not given for doing outside procedures.

(d) Ward entitlement and rates for room charges will be as prescribed earlier for CGHS beneficiaries. Room rent is applicable only for treatment procedures for which there is no prescribed package rate and will include charges for occupation of bed, diet for the patient, charges for water and electricity supply, linen charges, nursing charges and routine up-keeping. Expenses on toiletries, cosmetics, telephone bills etc. are not reimbursable and are included in rates/package rates.

(e) The prescribed rates as indicated in Annexure “B” shall be valid for the period of Memorandum of Agreement required to be signed by the Hospital/ Centre with the CGHS in general but in the present case the period is specified in the second pargraph of the O.M.The additional time taken in the MOA is meant to address any dispute arise between the parties while the activities are in operational or in case if extenion is required to be obtained from the aurhorities in exgensis.

3. The treatment at these empanelled AYUSH Hospitals/Centers may be taken only with the prior authorization/ permission in accordance with the CGHS Rules or the CS (MA) Rules as the case may be in force at the time of taking treatment.

4.        (i) In respect of the CGHS beneficiaries permission for treatment is granted by CMO In charge/ Additional Director / Joint Director, CGHS in case of pensioners, former Governors , Former Vice-president Ex-MPs, Freedom Fighters etc. and by Rajya Sabha / Lok Sabha Secretariat as the case may be in case of Members of Parliament by the Registrar General of Supreme Court and by the Registrar Delhi High Court in respect of serving employees and pensioners of case of serving Govt, employees serving employees and pensioners of autonomous bodies covered under CGHS such permission shall be issued on the basis of recommendation from CMO/SMO I/C of the concerned AYUSH dispensary.

ii) In respect of the Government employees covered under the CS (MA) Rules, authorization/permission is to be issued by the concerned administrative Ministry/Department based on the recommendations of the AMA of the concerned system of the medicine.

iii) For Yoga & Naturopathy Office Memorandum NO. 15/11-21/2009/CGHS (SZVCGHS (P) dated 27th October, 2009 which is in free will continue. 

 

5. The AYUSH Hospitals/Centers will not refuse admission/treatment to Central Government Employees or their dependant family members who are not CGHS beneficiaries if they produce certified/ attested copies of identity cards issued by the Government of India and have been referred to the Hospital/Diagnostic centre by the organization in which they are working and shall not charge more than the prescribed package rates/ rates in such cases.

 

6.     An AYUSH Hospital/centre empanelled as above, whose rates for treatment procedures/tests are lower than the prescribed rates shall charge as per actual.

7. (a) Hospitals shall provide credit facility to the following categories of CGHS beneficiaries (including dependant family members, whose names are entered on CGHS Card) on production of valid permission letter:

• Members of Parliament;
• Pensioners of Central Government drawing pension from central estimates;
• Former Vice-presidents, Former Governors and former Prime Ministers;
• Ex-Members of Parliament;
• Freedom Fighters;
• Serving CGHS employees;
• Serving employees of Ministry of Health & Family Welfare (including attached / subordinate offices under the Ministry of Health & Family Welfare); and
• Such other categories of CGHS cardholders as notified by the Government.

(b) Bills should be submitted to the Office of the Rajya Sabha Secretariat / Lok Sabha Secretariat in case of sitting Members of Parliament and to Additional Director. CGHS (Hqrs), Delhi / concerned CGHS city, in case of beneficiaries enlisted above, once in a month.

8. Reimbursement in case of pensioners, former Governors, former Vice-Presidents, ex-MPs, Freedom Fighters, etc.. Is made by Additional Director of concerned CGHS city through BCA and by Rajya Sabha Secretariat / Lok Sabha Secretariat in case of sitting Members of Parliament and by concerned Ministry / Department/ Organization in case of serving Govt, employees, serving employees and pensioners of autonomous bodies covered under CGHS.

9. Any legal liability arising out of such services, responsibility solely rests on the hospital and shall be dealt with by the concerned empanelled hospital/diagnostic centre. Services will be provided by the Hospitals/Diagnostic centers as per the terms of agreement

10. The Hospitals/Diagnostic centers will give a discount 5% on every cash payment charged directly from the beneficiaries.

CGHS beneficiaries are entitled to facilities of private, semi-private or general ward depending on their basic pay / pension. The entitlement is as follows:-

S.No	Basic Pay (without the inclusion of grade pay)	Entitlement
1	Up to Rs.13,950/-	General Ward
2	Between Rs.13,951/- and Rs.19,530/-	Semi-Private Ward
3	Rs.19,540/- and above	Private Ward

The room rent will be Rs.500/-, Rs.1000/- & Rs.1500 for General Ward, Semiprivate Ward and Private Ward. It is clarified that indoor package rates for Yoga & Naturopathy are inclusive of room rent as per entitlement of the beneficiary.

11. A hospital empanelled under CGHS, whose normal rates for treatment procedure / test are lower than the CGHS prescribed rates shall charge as per the rates charged by them for that procedure / treatment from a non-CGHS beneficiary and will furnish a certificate to the effect that the rates charged from CGHS beneficiaries are not more than the rates charged by them from non-CGHS beneficiaries.

12. Private ward is defined as a hospital room where single patient is accommodated and which has an attached toilet (lavatory and bath). The room should have furnishings like wardrobe, dressing table, bed-side table, sofa set, carpet, etc. as well as a bed for attendant. The room has to be air-conditioned.

13.Semi Private ward is defined as a hospital room where two to three patients are accommodated and which has attached toilet facilities and necessary furnishings.

14.General ward is defined as halls that accommodate four to ten patients.

15.Normally treatment in higher category of accommodation than the entitled category is not permissible. However, in case of an emergency when the entitled category accommodation is not available, admission in the immediate higher category may be allowed till the entitled category accommodation becomes available. However, if a particular hospital does not have the ward as per entitlement of beneficiary, then the hospital can only bill as per entitlement of the beneficiary even though the treatment was given in higher type of ward.

Annexure- A
 

LIST OF AYURVEDIC HOSPITALS APPROVED UNDER CGHS 7 C.S.(M.A) RULES

The following hospitals have been empanelled under CGHS/C.S.(M.A) Rules for Ayurvedic System from 03-07-2015

S.No.	Name and Address of the Hospital/centers	Recommended System
1	Maharishi Ayurveda Hospital, Block-B, Pocket-P, Shalimar Bagh (West) Delhi-110088.	General Ayurveda
2	KLE Ayurveda Hospital Medical Research Center Shahapur Belgaum-590003 Karnataka (India)	General Ayurveda
3	Punarava Ayurveda Hospital Edappally North P.O. Cochin Kerala-682024	General Ayurveda
4	Matha Ayurveda Eye Hospital. Moonga P.O. Near Thachottukavu Trivandrum Pin-695573	General Ayurveda Shalakya
5	Addlife Basavatarakam Indo-American Cancer Hospital And Research Institute 1st Avenue Road No. 14 Banjarahills, Hyderabad-500034	General Ayurveda
6	Shri Dhanwantry Ayurvedic College & Dabour Dhanwantari Hospital Sector-46/B Chandigarh-160047	General Ayurveda
7	Lavanya Ayurvedic Cancer Hospital & Research Centre74/2 Maidangarhi Extension Chhatarpur Maidangarhi Rd Nr Chhatarpur MandirNew Delhi	General Ayurveda
8	Lavanya Ayurvedic Cancer Hospital & Research Centre Dhawa Estate Deva Road Near Telco Chinhat Lucknow (UP)227105	General Ayurveda
9	Parathuvayalil Hospital Keezhillam P.O., Ernakulam District,Kerla State India, PIN-683541.	General Ayurveda
10	B.S.D. Trust’s Ayurved Hospital & Research Centre Vishwashatidham Off Kesnand Road At Post Wagholi Taluka Haveli Dist Pune (MH)412207	General Ayurveda
11	Ahalia Ayurveda Medical College Hospital Kozhipara P.O. Palakkad (Dist) Kerala	General Ayurveda
12	Jaipur Ayurveda Hospital Village-Vatika Tehsil-Sanganer, Distte- Jaipur, Rajasthan	General Ayurveda
13	Sree Subramania Ayurvedic Nursing Home Karikkamkulam Karaparamba PO Calicut-673010 Kozhikode Dist Kerala.	General Ayurveda
14	Alvas Ayurveda Medical College Hospital Vidyagiri Moodbidri South Canara Dist Karnataka State Pin-574227	General Ayurveda
15	Kailash Institute Of Naturopathy Ayurveda & Yoga26 Knowledge Park-1 Greater Noida Gautam Budh Nagar Uttarprades-201308	General Ayurveda
16	Pragati Sparsh Ayurvedic Panchkarma Centre Pragati Resorts Proddatur Village, Shanker Palli Mandal Hyd.	General Ayurveda, Ksharsutra & Shalya Karma
17	Sarathy Ayurvedic Hospital, Elanjichodu Elookkara Munnathadam P.O Aluva Ernakulam Kerala.	General Ayurveda
18	Dr.Augustine’s Arya Vaidya Asramam Ayurveda Hospital, Thiruvanchikulam, kodungallur P.O, Trissur Distt, Kerala, Pin. 680664.	General Ayurveda
19	Ayurvaid Hospital, 230, Amarjyoti Layout off Intermediate Ring Road, Domlur Ext., Banglore, Pin-560071.	General Ayurveda
20	Vasudeva Vilasam Nursing Home Near Padma Theertham Fort TVM-695023.	General Ayurveda
21	Sitaram Ayurveda Speciality Hospital, Veliyannur Road, Thrissur Pin- 680021, Kerala.	General Ayurveda

LIST OF YOGA & NATUROPATHY HOSPITALS APPROVED UNDER CGHS AND C.S.(M.A.) RULES.

The following Hospitals have been empanelled under CGHS/C.S.(M.A.) Rules for Yoga & naturopathy System from 03-07-2015

Sl.No	System of Medicine and Treatment/Procedure	Unit cost in Rupees
(A)	AYURVEDA
1	Abhyanga (Sarvanga)	200
2	Tail Shirodhara	300
3	Takra/Dugdha Shiro Dhara	150
4	Pizhichi 1 (Sarvang)	350
5	Pizhichil (Ekang)	250
6	Dhanyamla Dhara	300
7	Nasya (Inclusive of Abhyanga & Svedana of Shira, Griva etc.)	100
8	Shiro Vasti	300
9	Kati Vasti	150
10	Prishta Vasti	150
11	Shiro Lepa	100
12	Shastika Shali Pinda Sweda (Navarakizhi)	350
13	Patra Potali Pinda Sweda	200
14	Anna Lepa (Sarvang)	300
15	Upanaha Sweda	100
16	Avagaha Sweda (with Abhyanga)	200
17	Kati Avagaha Sweda	100
18	Sushka Sweda (Sarvanga)	150
19	Sushka Sweda (Ekanga)	100
20	Udvartana	150
21	Sneha/Anuvasana Vasti (Inclusive of Abhyanga & Swedana)	200
22	Kashaya/Niruha vasti (Inclusive of Abhyanga & swedana)	150
23	Matra Vasti	100
24	Uttara Vasti	100
25	Yoga Vasti Package ( 5 Anuvasana and 3 Niruha Vasti)	1250
26	Kala Vasti package ( 10 Anuvasana and 6 Niruha Vasti)	2500
27	Karma vasti package ( 18 Anuvasana and 12 Niruha Vasti)	5000
28	Vaitarana Vasti	150
29	Ksheer Vasti	150
30	Vashpa/Nadi Sweda (Sarvanga)	150
31	Vashpa/Nadi Sweda (ekanga)	100
32	Vamana Package (inclusive of Poorva Karma, Pradhan Karma and Paschat Karma)	1000
33	Virechana package (inclusive of poorva karma, Pradhan karma and paschat karma)	1000
34	Netra Trapana/Aschyotana	100
35	Netra Putapaka	100
36	Rakta Mokshana (siravedha & Abhyanga)	150
37	Prachhana/Jaloka Avacharana	100
38	Snehapana Package	750
39	Ksharsutra application in Bhagandara (Initial)	400
40	Follow up Ksharsutra application in Bhagandara	250
41	Ksharsutra application in Parikartika (Anal Fissure)	250
42	Ksharsutra application in piles	250
43	Ksharsutra application in other conditions	250
44	Agni Karma	200
45	Kshar Karma	150
46	34-day Pakshaghata treatment Package inclusive of Snehana for 7 days, Svedana for 3 Days, Virechana for 1 day, Vasti for 8 days, Nasya for 7 days and Shiro Vasti/Shiro Dhara for 8 days.	5,650
47	28- day Pakshaghata treatment package inclusive of Shirodhara & Pizhichi 1 for 14 days and Pinda Sweda & Vasti for 14 days	17,150
48	28- day Vata Rakta /Sandhi Roga Treatment package inclusive of Pizhichil for 14 days and Shastika Shali Pinda Sweda & Vasti for 14 days	12,950
49	11- Day Shwasa Rog etc. treatment package inclusive of Snehana (Abhyanga & Sneha pana) for 7 days, Swedana for 3 days, Vamana/Virechana for 1 day.	2,650
50	11- Day Vrikka Roga Treatment package inclusive of Snehapana for 7 days , Avagaha sweda for 3 days and Virechana for 1 day	1,750
51	23- Day Sthoulya treatment package-1 Inclusive of Snehapana for 7 days, Vamana for 1 day, Virechana for 1 day, Takradhara/ Udvartana for 14 days.	3,650
52	23- Day Sthoulya treatment package-11 Inclusive of Swedana with Udavartana for 14 days, Vamana/Virechana for 1 day and Vasti for 8 days	6,550
53	19- day treatment package for Amlapitta/Parinaamshool/Yakrita-Pleehodara/other Udara Roga inclusive of Snehana for 7 days, Swedana for 3 days, Virechana for 1 day and Khseer vasti for 8 days	2,950
54	23-day Manasa Roga ( Unmada/Apasmara/Anidra/Bhrama) treatment package inclusive of Snehana ( Bahya& Abhyantara) for 7 days, Svedana for 7 days, Vamana for 1 day, Virechana for 1 day and Shiro Vasti or Shiro dhara for 7 days	5,750
B	Yoga & Naturopathy
1	One week package of Asana, Pranayama and Meditation Minimum one hour per day	150
2	Two Weeks package of Asana, Pranayama and Meditation Minimum one hour per day	250
3	Four Weeks package of Asana, pranayama and Meditation Minimum one hour per day	400
4	Shatkarma procedures per week	150
5	One week package of Nine Naturopathic treatment including special diet	2100
6	Tow week package of Nine Nine Naturopathic treatment including special diet	4000
7	Three week package of Nine Naturopathic treatment including special diet	6000
8	Four week package of Nine Naturopathic treatment including special diet	8000
9	Naturopathy Massage	200
10	Physiotherapy applicable to Naturopathy	100
11	Steam bath	100
12	Whole body mud-bath	150
13	Local Mud-pack/Application	50
14	Plantain Leaf Bath	50
15	Thermoleum bath	50
16	Magneto therapy	50
17	Special Yoga/Naturopathy diet	75

Note: the room rent will be Rs.500/-, Rs.1000/- & Rs.1500/- for General Ward, Semiprivate Ward and Private Ward. It is clarified that indoor package rates for Yoga & Naturopathy are inclusive of room rent and diet as per entitlement of the beneficiary.

Sd/-
(Dr.D.C.Joshi)
Director (CGHS)
Tel.No.011-233062800

[ Signed copy ]

Supreme Court rejects Centre’s appeal denying benefit to disabled soldiers

The AFT had extended the benefits of an extra amount in their pensions on account of disability.

  “They are in the line of fire. They sacrifice their life for you and for us. This is the least you could do for them.” It was the message by the Supreme Court to the Centre, which was fighting against the ex-servicemen of Army over a modest increase in their disability pension.

Coming to the rescue of around 15,000 soldiers, the court rejected an appeal by the government against an order of the Armed Forces Tribunal (AFT), which had extended the benefits of an extra amount in their pensions on account of disability due to service conditions.

On Wednesday, a bench led by Chief Justice of India H L Dattu expressed its disgruntlement over the government’s insistence on denying the benefit to the soldiers on the ground that it would burden the exchequer with an additional Rs. 1500 crore.

“So what? The government can have at least this much of budget for its soldiers who are dying for the people of this country everyday. What is the point of having these memorials and placards saluting our defence personnel if you litigate agianst the disabled soldiers till the Supreme Court. You should pay them,” said the bench, also comprising Justices Madan B Lokur and A K Sikri.

With the writing on the wall, the government’s law officer chose not to argue the appeal further and said they would comply with the order. The bench disposed of around 880 appeals against the AFT order on this issue.

Among those who will be benfitted by this order is also Army’s former Vice-Chief Lt Gen Vijay Oberoi, who lost his leg in a gun battle in the 1965 Indo-Pakistan war. Oberoi soldiered on without any financial benefit whilst in service but was categorised as 70 per cent disabled when he retired as the army’s vice chief in 2001.

When the 5th Pay Commission enhanced this to 75 per cent, the Ministry of Defence (MoD) refused to pay. On Oberoi’s petition, the Chandigarh bench of the AFT, in 2010 allowed “broad-banding” benefits to all disabled personnel irrespective of when they left service.

Under the “broad-banding” policy, three bands were to judge disability across the board. Up to 50 per cent disability, a person was to be given the benefits of a 50 percent disability holder; a person with 51-75 per cent disability was to be given 75 per cent disability benefits; while a person with 76-100 per cent disability was to be given 100 per cent disability benefits. The policy was introduced to avoid subjectivity and variance in calculating disability percentage.

This broad-banding was accepted and implemented by the MoD but the benefits were granted to only those who were removed from service by the government on medical grounds, and not to those who retired after their full service. The AFT removed this anomaly and held that all the soldiers shall get the benefit under the policy.

The Department of Ex-Servicemen Welfare (DESW), which comes under the MoD and looks into the grievances and other pension matters of retired defence personnel, filed an appeal against the AFT judgement in February 2012 despite an adverse opinion by the Army Headquarters.

 

[Indian Express]

TSEWA : Join Us - Brig CS Vidyasagar (Retd)

Dear Ladies & Gentlemen,

            As usual a long mail.

 

A brainstorming session was held at 1100 hrs in RSI, Secunderabad to firm up our plans to file a case in AFT to grant same benefit of fixation of higher pension given to 52 Maj Gens by Min of Def (ESW) to all officers from the rank of Lt to Brig and widows.

 

            The brainstorming session considered all aspects. These are given in succeeding paras.

            Select officers were requested to attend the brain storming session. We are fortunate to have Cdr Chandrashekhar (Retd) of Navy JAG Branch and Gp Capt CRR Sastry (Retd), a Law graduate were among the selected few who attended the brain storming session.

 

            Admissibility of Case. After I gave developments right from 1982 when the hon’ble Supreme Court constituted Constitution bench headed by Chief Justice himself went over DS Nakara Vs UOI case, followed by case of Maj Gen SPS Vains Vs UOI in 2008, further followed by AFT Chandigarh judgment granting higher pension than minimum of Rs 30,350 to 52 Maj Gens and finally conditional letter of Min of Def (ESW) directing PCDAs to notionally fix pay of pre – 2006 Maj Gens corresponding to the pay scales in 6^th CPC and fixing pension thereafter by taking into consideration number of increments earned in the rank of Maj Gen before retirement, the officers present there agreed that we have a strong case to file in AFT to get similar benefit of enhancement of pension  for all  officers from rank of Lt to Brig and their widows.

 

            Jurisdcition of AFT. Cdr Chandrashekhar (Retd) of JAG Branch of Navy informed that he joined few litigants in a case filed in AFT Chandigarh giving his Hyderabad address. It was accepted. Similarly Lt Cdr PS Nath (Retd) informed, he also in a similar manner joined a number of litigants who filed a case in AFT Principal Bench, New Delhi giving Hyderabad address. The reason given is CAUSE OF GRIEVANCE/ACTION. This grievance has arisen because Min of Def located in New Delhi has by incorrect fixation of pension of all pre - 2006  Officers at minimum of scale ignoring number of increments earned before retirement in the last rank held violating judgment of hon’ble Supreme Court in Maj Gen SPS Vains Vs UOI.

 

            Since I got contradictory advises from advocates who practise in AFT Chennai on jurisdictional problem, I advised all of you to be on safe side to go to AFT under whose jurisdiction your state falls. Alternately you can give temporary address in Tamilnadu or A.P or Telangana or Puducherry.

 

But now it is amply clear if common cause has arisen because of Action by Min of Def, all similarly affected officers can jointly file a case. Now wherever you are located you can join us in TSEWA to fight the case.

 

Further to the above, I am happy to inform all outstation officers who have been approaching me about AFT jurisdictional problem, Cdr Chandrashekhar obtained advice from Wg Cdr Ambreesh Aggrawal, a practising advocate who advised that TSEWA can file a case in AFT Delhi with litigants from all States and UTs. NOW YOU CAN JOIN TSEWA WITHOUT ANY FURTHER DELAY AND GET YOUR NAMES INCLUDED IN THE APPEAL TO BE FILED IN AFT DELHI VERY SOON.

 

            Undertaking. All Officers irrespective of their place of residence can become joint litigants but in AFT Delhi alone as the Cause of Action has arisen there only. You are required to sign the undertaking I am enclosing to this mail giving your consent to become a joint litigant in this case.

            Which AFT. The officers after discussing pros and cons felt that it is better to file the case in AFT New Delhi as our chances of getting good but reasonable advocate are higher there. The advocate has to understand our case and should be able to present facts to AFT without much difficulty. Only ESM Advocate would be able to do justice to our case is the common opinion.  Though it may be bit expensive for our legal representatives to go to New Delhi, it is felt that considering the importance of winning the case, it is better to file a case in AFT New Delhi. Cdr Chandrashekhar (Retd) and Gp Capt CRR Sastry have been entrusted the task of this case till it is finalised in our favour. Even if we have to go hon’ble Supreme Court later (after winning in AFT Delhi), we will do so as our case is very strong. If 52 Maj Gens can get enhanced pension (more than minimum of Rs 30,350 pm) why rest of officers cannot get? If we have to file a joint appeal with  litigants from all over India, due to Cause of Action being Delhi, we have to file our case in AFT Delhi only as clarified by Wg Cdr Ambreesh Aggarwal.

 

Sharing of Cost of Legal Expenses. The majority felt that the cost of legal expenses including expenses on our two legal luminaries to go to New Delhi, find a suitable Advocate who practises (preferably ESM Advocate) in AFT Delhi, finalising his legal fees, cost of court fees etc have to be proportionately shared by all litigants. We may not charge anything from widows of officers or very nominal amount and may charge less to officers in PB-3 pay band and more to officers in PB-4 pay band. First instalment of Rs 4,000 is to be paid by all litigant officers of PB- 3 & PB- 4 bands. Treasurer TSEWA will collect the amount later. The cost of litigation depends upon number of hearings and whether Min of Def files a review petition in hon’ble Supreme Court against judgment of AFT Delhi if it is favourable to us. The total cost will only be worked out later. When you have to send your first instalment will be intimated to you later.

 

Exhausting Available Avenues. Lt Cdr PS Nath (Retd) and Cdr Chnadrashekhar (Retd) have opined that we have to exhaust available avenues to get our grievance redressed. I am enclosing a copy of my letter addressed to Min of Def (ESW). I request all of you send such a letter by post to Min of Def with a soft copy to me. After this only, we can file our case in AFT. We have to give some time for Min of Def to act on our letter. Even though we know Min of Def will not fix higher pension as we demand, but that is the minimum requirement before we go in front of AFT.

 

 Vakalatnama. Each of the litigants have to sign vakalatnama. I will send a copy of Vakalatnam to each of you who express willingness to become a litigant in this case.

 

JCOs& OR. It was felt by majority of officers present that it becomes difficult for judges in AFT to understand our case if all (i.e. From Sep to Brig) are to be included as litigants in one case. The fixation of pay and therefore pension of JCOs and OR is different. I have asked Veteran Kanthaiah of EXWEL trust Tirunalveli who is an expert in pay& pensions of JCOs & OR to advise me whether the fixation of pension has been done to JCOs and OR like they did for Officers. If it is same then JCOs and OR are also eligible to become litigants in our case. After winning the case for Officers, we can then file a second appeal for JCOs & OR. It was therefore decided that in the first instance this case to be filed in AFT New Delhi is restricted to Officers only.

 

All those Officers who want to be joint litigants to get our pensions enhanced as on Jan 2006 are requested to firstly become members of Tri Services Ex-Servicemen Welfare Association (TSEWA). We do not have much time to file the case in AFT Delhi. We are awaiting judgment of hon’ble Supreme Court in  the case of 52 Maj Gens Vs UOI which is likely to be delivered on 28 Sep 2015.

 

Therefore if you believe in our cause immediately join TSEWA. Please inform your veteran friends including widows of Officers anywhere in India. Please do not miss out widows of Officers from ranks of Lt to Brig. We will charge very small amount from each of them which they can easily afford to remit. I am enclosing a membership form of TSEWA.

 

I will continue to post latest development on this legal case from time to time to only those veterans who have joined TSEWA in this just cause.

 

Once we file our case in AFT, then it is not possible for anyone else to get his or her name included in our appeal.

 

All pre – 2006 officers from three services irrespective of your place of residence in India can join TSEWA.

 

If you decided to join TSEWA, download the form and fill it up in CAPITAL LETTERS, affix one joint photo with your spouse and one single photo (for I-card).Remit the membership fee of Rs 160 (membership fee Rs 100 plus I- Card fee of Rs 20 and courier charges to send your I- Card for Rs 40). Send the membership form hard copy to Lt Col Parvathesam, Treasurer at 203 Acropolis Orchids, Rukminipuri, Dr AS Rao Nagar, ECIL(PO), Secunderabad – 500062.  

 

Please remember any financial benefit is given by Min of Def (ESW) to only those whose names are there in the appeal filed in AFT.

 

            There are hundreds of Maj Gens and widows who did not join 52 Maj Gens due to not being aware, are now running form pillar to post to get their names included. Let this not happen with us. So it is your responsibility not only to join TSEWA but ensure all eligible Officers and widows of Officers join.      

     

Make your own choice.

Regards,

Brig CS Vidyasagar (Retd)

 

NPS : FAQ

National Pension System : Applicability

 

1.       Applicable to All those central Government employees  recruited wef  1/1/2004  except for Armed Forces

2.       All those AIS and other central Government employees in service prior to 1/1/2004 will be covered  by the old pension scheme . Meaning that all civilians  retiring up to 2046-2050 (approximating age of entry being 20-25) will be covered by the old pension scheme

3.       The relevance of comparison of AIS already getting OROP and Fauji demand for OROP has to be in comparison to the category mentioned at 2 above .

4.       It is also pertinent to mention that the NFFU was introduced on 1/1/2006 . Therefore  the effect of NFFU on civilians pensioners (a) NFFU is  not applicable to Those retired  before 1/1/2006 (b) But NFFU for pension will be applicable to those AIS Who were in service prior to 1/1/2004  but are retiring after 1/1/2006

 

https://www.npscra.nsdl.co.in/central-scheme-information.php

 

Scheme Information

"As per the present guidelines of Pension Fund Regulatory and Development Authority(PFRDA), contribution towards pension will be invested in the default schemes of three Pension Fund Managers (PFMs), viz, LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion, which is mentioned in the Statement of Transaction. Each of the PFMs will invest the funds in the proportion of 85% in fixed income instruments and 15% in equity and equity linked mutual funds. Hence, the employees of Central Government and Central Autonomous Bodies need not mention the details of the schemes while filling up the application form."

 

In NPS, a government employee contributes towards pension from monthly salary along with matching contribution from the employer. The funds are then invested in earmarked investment schemes through Pension Fund Managers.

 

The Central Government had introduced the National Pension System (NPS) with effect from January 1, 2004 (except for armed forces). Pension Fund Regulatory and Development Authority (PFRDA), the regulatory body for NPS, has appointed NSDL as Central Recordkeeping Agency (CRA) for National Pension System. CRA is the first of its kind venture in India which is carrying out the functions of Record Keeping, Administration and Customer Service for all subscribers under NPS. CRA shall issue a Permanent Retirement Account Number (PRAN) to each subscriber and maintain database of each Permanent Retirement Account along with recording transactions relating to each PRAN. { If this scheme was introduced for Armed forcs , Short Service Officers who put in 10-14 years of Service also would have been benificiaries as per definition}

 

In NPS, a government employee contributes towards pension from monthly salary along with matching contribution from the employer. The funds are then invested in earmarked investment schemes through Pension Fund Managers.

How does NPS differ from old pension?

The old pension scheme of Government of India, referred as Defined Benefit Pension System (DBPS) is based on the last pay drawn of the employee. NPS is referred as Defined Contribution Pension System (DCPS) in which the employer & employee contributes for building a pension wealth payable at the time of retirement by way of annuity/ lumpsum withdrawal as per norms.

[This will be place of interest for research ,where and how the IAS must have introduced a special Gundi for themselves and AIS –basically related to Apex Scale & HAG+]

 

Some questions and answers about New Pension Scheme (NPS)

 

1. What is the New Pension System (NPS)?

 

The NPS is a new contributory pension scheme introduced by the Central Government for its own new employees. Under the new pension system, each new central government employee will open a personal retirement account on joining service. Every month, and till the employee retires or leaves government service, a part of the employee's salary will be transferred into this account. When the person retires, he will be able to use these savings to take care of the needs and expenses of his family during old age.

 

2. Who is covered by the NPS?

 

You are covered by the NPS if

 

a.You joined central government service on or after 01 January 2004, and

 

b.You are an employee of a Central (Civil) Ministry or Departments, or

 

c.You are an employee of a non-civil Ministry or Department including Railways, Posts, Telecommunication or Armed Forces (Civil), or

 

d.You are an employee of an Autonomous Body, Grant-in-Aid Institution, Union Territory or any other undertaking whose employees are eligible to a pension from the Consolidated Fund of India.

 

3. If I joined Central Government service on or after 01 January 2004 do I have an option of not being covered by the NPS?

 

No. The NPS is mandatory for you.

 

4. I am covered by the NPS. Do the old Pension Rules apply to me?

 

No. The Central Civil Service Pension Rules (1972) do not apply to you. You are covered only by the New Pension System Rules framed for the NPS.

 

5. I am covered by the NPS. Can I contribute to the GPF?

 

No. The General Provident Fund (Central Service) Rules, 1960 also do not apply to you. You will not be permitted to contribute towards GPF.

 

6. Am covered by the NPS. Am I eligible to Gratuity?

 

No. You will not be eligible to Gratuity.

 

7. How does the NPS work?

 

When you join Government service, you will be allotted a unique Personal Pension Account Number (PPAN). This unique account number will remain the same for the rest of your life. You will be able to use this account and this unique PPAN from any location and also if you change your job. The PPAN will provide you with two personal accounts:

 

1. A mandatory Tier-I pension account, and

 

2. A voluntary Tier-II savings account.

 

8. What is the difference between Tier-I and Tier-II accounts?

 

1. Tier-I account: You will have to contribute 10% of your basic+DA+DP into your Tier-I (pension) account on a mandatory basis every month. You will not be allowed to withdraw your savings from this account till you retire at age 60. Your monthly contributions and your savings in this account, subject to a ceiling to be decided by the government, will be exempt from income tax. These savings will only be taxed when you withdraw them at retirement.

 

2. Tier-II account: This is simply a voluntary savings facility for you. Your contributions and savings in this account will not enjoy any tax advantages. But you will be free to withdraw your savings from this account whenever you wish.

 

9. How will I contribute to my Tier-I (pension) account?

 

Every month, the government will deduct 10% of your salary (basic+DA+DP) and automatically transfer this amount to your Tier-I account in your name.

 

10. Will the Government contribute anything to my Tier-I (pension) account?

 

Yes. As your employer, the Government will match your contribution (10% of basic+DA+DP) and transfer this amount also to your Tier-I account in your name.

 

11. Can I contribute more than 10 into my Tier-I account?

 

Yes. You will be permitted to contribute more than the mandated 10% of Basic+DA+DP into your Tier-I account – subject to any ceiling that may be decided by the Government.

 

12. Will the Government also contribute more than 10 into my Tier-I account?

 

No. The contribution of the Government will be limited to 10% of your basic+DA+DP.

 

13. What will happen if I am transferred to another city or country?

 

The PPAN number will stay the same and you will be able to use the same accounts from anywhere in the world.

 

14. If I leave Government service before I retire will the Government continue to contribute to my Tier-I account?

 

No. The 10% contribution by the Government will stop when you leave Government service. However, your savings in your Tier-I and Tier-II accounts will stay in your name and you will be able to continue using these accounts to save for your retirement.

 

15. What if I die or become permanently disabled during my service?

 

Pl.refer Office Memorandum: Additional Relief on death/disability of Government servants covered by the NPS(New Pension Scheme) recruited on or after 1.1.2004 No.38/41/06/P&PW(A) Dated 5th May, 2009

 

16. Where will my savings be invested?

 

Each PFM will offer you a limited number of simple, standard schemes. You will be free to choose any of the following schemes for investing your savings:

 

Scheme A This scheme will invest mainly in Government bonds

 

Scheme B This scheme will invest mainly in corporate bonds and partly in equity and government bonds

 

Scheme C This scheme will invest mainly in equity and partly in government bonds and corporate bonds.

 

17. I am covered by the NPS. Do the old Pension Rules apply to me?

 

No. The Central Civil Service Pension Rules (1972) do not apply to you. You are covered only by the New Pension System Rules framed for the NPS.

 

18. I am covered by the NPS. Can I contribute to the GPF?

 

No. The General Provident Fund (Central Service) Rules, 1960 also do not apply to you. You will not be permitted to contribute towards GPF.

 

19. Who will be responsible for the NPS and for protecting my interests?

 

The Government is setting up a new dedicated regulatory authority. This will be named the Pension Fund Regulatory and Development Authority (PFRDA). The PFRDA will be responsible for the NPS and for protecting your interests in the NPS.

 

20. When will my contributions start?

 

Your contributions (and the matching contribution by the Government) towards your Tier-I pension account will begin only from the month following the month in which you join Government service. During the first month of your service, you will be allotted the PPAN.(PRAN)

 

21. Who in the Government will issue me a PPAN open my accounts and be responsible for the deductions?

 

When you join service, your Drawing and Disbursement Officer (DDO) will instruct you to fill out a NPS form. You will be required to provide your full professional and personal details including details of your nominee in this form. The DDO will issue you the PPAN number(PRAN) and will also be responsible for all administrative matters related to your NPS accounts including deduction of your contributions, transferring your contributions and the matching contribution of the Government to your Tier-I pension account.

 

22. What will happen to my contributions to my Tier-I account?

 

Your monthly contributions, and the matching contributions by the Government into your Tier-I account, will be transferred by the Government in your name to a Pension Fund Manager (PFM). The PFM will invest your contributions on your behalf. In this way, your savings will earn an interest and grow over time.

 

23. Which agency will serve as a PFM?

 

The PFRDA will appoint a limited number of leading professional firms to act as PFMs. One of these PFMs will be a public sector agency.

 

24. Who will decide which PFM manages my contributions and savings?

 

You will select a PFM to manage your contributions and savings.

 

25. Will I be permitted to select more than one PFM to manage my savings?

 

Yes. If you wish, you will be able to spread your savings across multiple PFMs – where a part of your savings are managed by 2 or more PFMs.

 

26. Will I be permitted to change my PFM preference?

 

Yes. If you wish, you will be free to change the PFM and move all your savings to another PFM of your choice.

 

27. Where will my savings be invested?

 

Each PFM will offer you a limited number of simple, standard schemes. You will be free to choose any of the following schemes for investing your savings:

 

Scheme A This scheme will invest mainly in Government bonds

 

Scheme B This scheme will invest mainly in corporate bonds and partly in equity and government bonds

 

Scheme C This scheme will invest mainly in equity and partly in government bonds and corporate bonds

 

28. Will I be able to select more than one scheme?

 

Yes. You will be free to spread your savings across these three schemes. Whenever you decide, you will also be free to switch your savings from one scheme to another.

 

29. How will my contributions be transferred to the PFM and scheme selected by me?

 

You will specify the PFM and scheme to your DDO. The DDO will arrange for transfer of your contributions to the PFM(s) and scheme(s) that you have selected.

 

30. What rate of return will my contributions earn?

 

Your contributions will not earn any specified rate of return. The PFM will invest your savings in a scheme of your choice.The returns earned by the PFM on the scheme selected by you will be credited to your account.

 

31. Will I have to pay any fees or charges under NPS?

 

You will have to pay a fee to the Central Recordkeeping Agency (CRA) which will maintain your accounts and also to the PFM(s) which manage your savings. These charges will be deducted from your savings on a periodic basis. The fees and charges by the CRA and PFMs will be regulated by the PFRDA.

 

32. Can I contribute more than the 10 of basic+DA+DP into my TierI account at the moment?

 

No. You will be allowed to do so only when the PFRDA, CRA and PFMs are appointed.

 

33. What will happen to my contributions and earnings in my Tier-I account when the PFRDA CRA and PFMs etc. are appointed?

 

Your full contributions, matching contributions by the Government, and the interest earned on the same will be transferred in your name to the PFM and scheme selected by you.

 

34. Will I have the option of continuing with the current 8 percent rate of return?

 

No. Once your savings are transferred to the PFM, your savings will enjoy only the rate of return earned by the PFM on scheme you have selected.

 

35. When will I be permitted to withdraw from my Tier-I account?

 

You will be able to withdraw your savings in your Tier-I account at age 60.

 

36. What will happen to my savings in the Tier-I account when I retire?

 

You will be able to withdraw 60% of your savings as a lumpsum when you retire. You will be required to use the balance 40% of your savings to purchase an annuity scheme from a life insurance company of your choice. The life insurance company will pay you a monthly pension for the rest of your life.

 

37. Can I use more than 40 of my savings to purchase the annuity?

 

Yes.

 

38. What will happen to my savings if I decide to retire before age 60?

 

You will be required to use 80% of your savings in your Tier-I account to purchase the annuity. You will be able to withdraw the balance 20% of your savings as a lumpsum.

 

39. Will the annuity also provide a family (survivor) pension?

 

Yes. You will have an option of selecting an annuity which will pay a survivor pension to your spouse.

 

40. What will happen to my savings if I decide to retire before age 60?

 

You will be required to use 80% of your savings in your Tier-I account to purchase the annuity. You will be able to withdraw the balance 20% of your savings as a lumpsum.

 

41. What will happen to my savings in the Tier-I account when I retire?

 

You will be able to withdraw 60% of your savings as a lumpsum when you retire. You will be required to use the balance 40% of your savings to purchase an annuity scheme from a life insurance company of your choice. The life insurance company will pay you a monthly pension for the rest of your life.

 

42. What if I die or become permanently disabled during my service?

 

The Government is yet to issue any guidelines on this.

 

43. Will I have to pay any fees or charges under NPS?

 

You will have to pay a fee to the Central Recordkeeping Agency (CRA) which will maintain your accounts and also to the PFM(s) which manage your savings. These charges will be deducted from your savings on a periodic basis. The fees and charges by the CRA and PFMs will be regulated by the PFRDA.

 

44. What will happen to my contributions to my Tier-I account?

 

Your monthly contributions, and the matching contributions by the Government into your Tier-I account, will be transferred by the Government in your name to a Pension Fund Manager (PFM). The PFM will invest your contributions on your behalf. In this way, your savings will earn an interest and grow over time.