Presentation before Expert Committee on reduction of litigations on service matters – BPMS

Presentation before Expert Committee on reduction of litigations on service matters – BPMS

(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in

REF: BPMS / MOD / Litigations / 130 (7/5/L)

Dated: 29.09.2015

To,
The Deputy Secretary D(PCC/MIS)
Govt of India, Min of Deface,
‘B’ Wing, Sena Bhawan,
New Delhi – 110011

Subject: Presentation before Expert Committee on reduction of litigations on service matters.
 

Reference: MOD ID No. 11020/04/2015/D(Civ-II), Dated 17.09.2015

Respected Sir,

With due regards, it is submitted that this federation had been raising the issue in various forums like Departmental Council JCM, during the meeting with Hon’ble Defence Minister / Defence Secretary regarding extension of judicial pronouncement to similarly placed non-petitioners in service matters so that unnecessary litigations may be minimized.

Thereupon, Ministry of Defence vide its ID No. 18(2)/2014-D(JCM), Dated 09.12.2014 (copy enclosed for your ready reference) has requested all Administrative Divisions of MOD to review all existing court cases, pending with their Divisions and take a clear decision whether to proceed with or drop the case based on the verdict of Apex Court in a similar case given in favour of petitioners and where the Government has taken a decision to implement the orders of the Hon’ble Supreme Court of India in respect of petitioners only and not in respect of similarly placed employees. It further states that wherever feasible, the grievances of the similarly placed employees about service matters shall be resolved through administrative channels and this would help in reducing unnecessary litigations as well as resentment amongst employees.

Now, this federation is happy to note that Hon’ble RM has constituted a Committee consisting of Lt. Gen Mukesh Sabharwal (Retd), Lt. Gen Richard Khare (Retd), Maj Gen T Prasad (Retd), Maj Navdeep Singh (Retd) & Maj D P Singh (Retd) to examine the cases relating to service matters that are pending in various Courts and Tribunals which may be resolved in pre-litigation stage.

Hence, this federation would like to invite the attention of expert committee to some of the following issues which may increase the litigations if not resolved amicably:-

1. Grant of ACP / MACP prior to application of Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th CPC:

(i) As per OFB letter No. 01/Cadre Restructuring/A/I, dated 12.07.2003 the inter-grade ratio in respect of all skilled trades including left out trades has been fixed in the ratio and corresponding scale as mentioned below w.e.f. 20.05.2003-

1. Skilled Rs. (3050-4590) : 45%

2. Highly Skilled Rs. (4000-6000) : 55%

3. Master Craftsman Rs. (4500-7000) :
25% of Highly Skilled grade posts will be placed in the grade of the Master Craftsman. They will, however, not be a part of the hierarchy.

(ii) Assured Career Progression Scheme was introduced vide DoP&T O.M. No. 35034//1/97-Estt(1), Dated 09.08.1999 to grant 02 financial upgradations in the promotional hierarchy on completion of 12 & 24 years regular service. This ACP Scheme was applicable up to 31.08.2008.

(iii) Under the ACP Scheme, Artisan Staff in the post of Skilled was entitled for 1st ACP in the pay scale of Rs. (4000 – 6000) by ignoring his movement from Semi-Skilled to Skilled, treating it as training period and 02nd ACP in the pay scale of Rs. (5000 – 8000) since the Master Craftsman in the pay scale of Rs. (4500 – 7000) was not a part of hierarchy and the placement in this grade was not treated as promotion.

(iv) The 6th CPC revised pay scales and introduced the Grade Pay system and Artisan Staff became entitled for 01st ACP in the Grade Pay of Rs. 2400/- and 02nd ACP in the Grade Pay of Rs. 4200/-.

(v) Further, 6th CPC merged the pre-revised Group D pay scales of Rs. (2550-3200), Rs. (2610-3540) Rs. (2610-4000) & Rs. (2650-4000) and upgraded and revised in the Grade pay of Rs. 1800/-.

(vi) As per First Schedule, Part – B, Section-II of CCS (RP) Rules, 2008 the grades of existing Unskilled (2550-3200) and Semi-Skilled (2650-4000) workers were upgraded in (2750-4400) and merged and revised in the Grade Pay of Rs. 1800/-.

(vii) It has already been clarified by OFB vide letter No. 800/MACP/A/I/551, dated 22.09.2011 that the movement from Unskilled to Semi-Skilled is not to be treated as promotion and is to be ignored while granting financial upgradations under ACP Scheme upto 31.08.2008. Similarly a movement from Semi-Skilled grade to Skilled grade, irrespective of mode of entry, is not to be treated as promotion for the purpose of ACP and is to be ignored while granting financial upgradations under the ACP Scheme.

(viii) From above, it may be deduced that an Artisan Staff who reached to the post of Skilled grade upto 31.08.2008 and completed 12 or 24 yrs regular service is entitled for 1st ACP in the Grade Pay of Rs. 2400/- and 2nd ACP in the Grade Pay of Rs. 4200/-.

(ix) Thereafter, 3rd financial upgradations may be granted w.e.f. 01.09.2008 under the Modified Assured Career Progression Scheme introduced vide DoP&T O.M. No. 35034/3/2008-Estt. (D), Dated 19.05.2009.

(x) Subsequently, the Ministry of Finance (Department of Expenditure) vide its Notification G.S.R. 552 (E), Dated 28th July 2009 has amended the Central Civil Services (Revised Pay) Rules, 2008 whereby Master Craftsmen has been granted the Grade Pay of Rs. 4200/- and Highly Skilled Workers are split in a ratio of 50 : 50 and re-designated as Highly Skilled Worker Grade-II (Grade Pay of Rs. 2400 in Pay Band PB – 1) and Highly Skilled Worker Grade-I (Grade Pay of Rs. 2800/- in Pay band PB –1).

Accordingly the pay scale of Master craftsman has been revised from Rs. (4500 – 7000) to Rs. (5000 – 8000) vide MOD letter F. No. 11(5)/2008/D(Civ-I) Dated 28th Aug, 2009 as per SRO – 11 E and the post of Highly Skilled (4000 – 6000) has been bifurcated in the ratio of 50 : 50 whereby 50 per cent incumbents have been upgraded as Highly Skilled grade – I in the pay scale of Rs. (4500 – 7000). As per above notification, the artisan staff in MOD is restructured w.e.f. 01.01.2006 as under –

1. Skilled (5200 – 20200) plus 1900 Grade pay
 

2. Highly Skilled – II ( — Do — ) plus 2400 Grade pay
 

3. Highly skilled – I ( — Do — ) plus 2800 Grade pay
 

4. Master Craftsman (9300 – 34800) plus 4200 Grade pay

According to above, the grade structure of Skilled, Highly Skilled –II, Highly Skilled – I and Master Craftsman has been fixed by operating instructions issued vide MOD ID No. 11(5)/2009-D(Civ-I), Dated 14.06.2010 as under:
 

(i) Skilled – 45 %
(ii) Highly Skilled Grade II – 20.5 %
(iii) Highly Skilled Grade I – 20.5 %
(iv) Master Craftsman – 14 %

(xi) It has been observed that artisan staff were not granted the financial upgradations under the ACP / MACP Scheme in defence installations and when MOD issued instructions for restructuring on 14.06.2010, it (restructuring) was applied first and thereafter financial upgradations granted under MACP Scheme whereas it (MACP) was introduced earlier (19.05.2009) vis a vis to restructuring (14.06.2010). Due to this incumbents are in the disadvantageous position which may be understood by the following table:-

(xii) This is a living example of Sri Rakish Kumar, Tool Setter HS-I, T.No. 18/SMW, P.No. 006548, SAF Kanpur and there are more than thousands IEs in various defence installations who are similarly placed. This case is under consideration in MOD / OFB.

(xiii) Hence, kindly issue necessary directives to the authorities to grant ACP upto 31.08.2008 and thereafter apply the restructuring instructions retrospectively w.e.f. 01.01.2006 by protecting the benefits already granted under ACP Scheme.

2. Grant of MACP ignoring movement from Highly Skilled to HS-I : Implementation of Courts Judgements.

(i) As earlier explained that the Ministry of Finance (Department of Expenditure) vide its Notification G.S.R. 552 (E), Dated 28th July 2009 has amended the Central Civil Services (Revised Pay) Rules, 2008 whereby Master Craftsmen has been granted the Grade Pay of Rs. 4200/- and Highly Skilled Workers are split in a ratio of 50 : 50 and re- designated as Highly Skilled Worker Grade-II (Grade Pay of Rs. 2400 in Pay Band PB – 1) and Highly Skilled Worker Grade-I (Grade Pay of Rs. 2800/- in Pay band PB – 1).

(ii) Accordingly, operating instructions issued vide MOD ID No. 11(5)/2009-D(Civ-I), Dated 14.06.2010 and the post of Highly Skilled (4000 – 6000) has been bifurcated in the ratio of 50 : 50 whereby 50 per cent incumbents have been upgraded as Highly Skilled grade – I in the pay scale of Rs. (4500 – 7000). As per above notification, the artisan staff in MOD is restructured w.e.f. 01.01.2006 as under –

(iii) Further, vide OFB letter No. 01/CR/A/I/658, dated 13.120.2010 the restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 06th CPC was made effective in Ordnance & Ordnance Equipment Factories Organizations. Hence this federation demanded vide letter No. BPMS/ CADRE REVIEW / 110(7/4/R), Dated: 07.08.2009, 10.11.2009 & 23.04.2010 that the placement from Highly Skilled to Highly Skilled Grade I should not be treated as promotion either under the normal promotion rules or under MACP Scheme, but all in vain.

(iv) However, some of the employees approached the CAT and the Hon’ble CAT Calcutta has passed the following directions in OA No 172/2012, dated 16.01.2014 {Indranil Chowdhury & 162 others versus Union of India through Secretary Min of Defence, Finance & DoP&T} on the subject matter:

“12. On the Contrary the respondents have failed to convince us that the movement of the present applicants from HS to HS-I involved any assumption of higher responsibilities or that it was a movement from a lower feeder post with lower scale of pay to a higher post with higher scale of pay. On the contrary we find that movement from HS-II to HS-I after 01.01.2006, is justifyly termed as a promotion, as HS-II became feeder post to HS-I w.e.f. 01.01.2006. Similarly Skilled grade became the feeder grade to HS-II. But by no stretch of imagination erstwhile HS Grade can be called a feeder grade to HS-II or HS-I under the hierarchy created w.e.f. 1.1.06.

13. The respondents have thus failed to disclose the reason as to why the placement of erstwhile (pre 01.01.2006) Highly Skilled workers to highly Skilled Gr.-I in terms of seniority and Highly Skilled Gr.-II in the ratio of 50:50 due to restructuring of artisan cadre be treated as promotion. We find from a clarification dated 10.02.2000 that mobility under ACPs is to be allowed in the existing hierarchy. Any Selection Grade / in-situ promotion which is not a part of the hierarchy shall not be treated as promotion for the purpose of ACPs, which fully supports the applicants’ case.

14. Being not supported by any cogent reason we hold that the placement of erstwhile (pre 01.01.2006) HS to HS-I due to cadre restructuring effected on 13.12.2010 w.e.f. 01.01.2006, should not be treated as a promotion for the purpose of MACP. Consequently, we hold that the applicants shall be entitled to MACP.”

(v) Therefore, you are requested to take appropriate action so that the placement of erstwhile (pre 01.01.2006) HS to HS-I due to cadre restructuring effected on.13.12.2010 w.e.f. 01.01.2006, should not be treated as a promotion for the purpose of MACP as per CAT directive to the petitioners as well as non-petitioner. It is worth to mention here that Govt of India has appealed in various High Courts against the similar judgements of different benches of CAT but none of the High Courts have granted the stay order, hence, some of the places CAT order is being implemented.

3. Grant of ACP / MACP to Security Staff in OFB:-

Hence, it is demanded that Security staff (Durwan, Jamadar Durwan & Subedar Durwan) should also be granted financial upgradations under the ACP / MACP scheme on the analogy of Chargeman.

4. This federation has demanded in the Steering Committee meeting for 90th Departmental Council (MOD) held in Aug.2014 to Re-draft the role of Defence (Finance) so that service matters like Recruitment Rules, Cadre Review, revival of sanctioned posts, payment of arrears, revision of allowances etc. may be settled at the earliest. It has been observed that Defence (Finance) division is not cooperating in true spirit to resolve the service matters. For example-

(i) Revision of Special Pay to Staff Nurse working in Operation Theatre- Special Pay has been granted to Nursing Staff @ Rs. 60/- per month who are working in (a) Operation Theatres, (b) Intensive Care Units of the Ordnance & Ordnance Equipment Factory Hospitals/Clinics vide MOD letter No. 7(2)/87/I/D(Fy.II), Dated 06th March, 1989. This Special Pay @ Rs. 60/- per month was being granted as per recommendations of 04th CPC. Subsequently, on the recommendations of 5th CPC the Special Pay @ Rs. 60/- per month was doubled to Rs. 120/- with effect from 01.08.1997 in the Ministry of Railways in terms of Railway Board’s letter No. E(P&A)I- 88/SP-1/MH-2, Dated 18.01.1990 & 25.01.1990. Further, Resolution adopted by Govt of India on the recommendations of 06th CPC which is published in the Gazette of India by Ministry of Finance (Department of Expenditure) No. 1/1/2008-I.C. Dated 29th August, 2008, wherein Para 08 of Part-B states that Govt of India has accepted the 6th CPC recommendations of doubling of the Special Allowance and this allowance will be increased by 25% every time the Dearness Allowance payable on revised pay scales goes up by 50%BPMS Federation has raised this on 07.12.2011 but the matter is running between OFB & MOD due to piecemeal objections of Def (Fin).

 

(ii) Nursing Allowance to all Nurses working in Dispensaries- Ministry of Health and Family Welfare (Nursing Section) O.M. No. Z.28015/71/2008-N, Dated 19th Nov.2008 states that as per Resolution adopted by Govt of India on the recommendations of 06th CPC which is published in the Gazette of India by Ministry of Finance (Department of Expenditure) No. 1/1/2008-I.C. Dated 29th August, 2008, the President has pleased to enhance the Nursing Allowance to Rs. 3200/- per month w.e.f. 01.09.2008 and the Nursing Allowance will be payable to all Nurses whether working in Dispensaries or in Hospitals.BPMS has raised this issue on 07.12.2011 but the matter has been referred to 07th CPC due to objections of Def (Fin).

(iii) Bunching benefit to Master Craftsmen (Excluding OFB) – MOD ID No. 11(5)/2009- D(Civ.I), Dated 14.06.2010 communicates that Master Craftsman will be granted the Grade Pay of Rs. 4200 in PB-2 w.e.f. 01.01.2006. Prior to above, the Master Craftsmen were in the pay scale of Rs. (4500 – 7000). While implementing the above order, all the MCMs who were drawing pre-revised pay at the stage of Rs. 4500 / 4625/ 4750 / 4875 / 5000 were fixed at Rs. 9300 plus GP 4200 w.e.f. 01.01.2006. This is contradictory to the provisions of CDS (RP) Rules, 2008 which stipulates as under:

7.(1) (A)(ii): if the minimum of the revised pay band /pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;

Provided further that:-

Where, in the fixation of pay, the pay of Government servants drawing pay at two are more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands.

This issue is pending since long because Def (Fin) needs some clarification from DoP&T / Min of Fin.

(iv) Grant of 3rd MACP in GP 4600/- to Skilled grade- With the concurrence of Def (Fin), MOD issued instructions to grant 3rd MACP in GP 4600/- to those Highly Skilled / MCM who were drawing pay in the pre-revised pay scale of Rs.(5000-8000) upto 31.12.2005 as 2nd ACP. This Federation has pointed out to extend the same benefit to Skilled employees but Def (Fin) needs clarification from DoP&T.

(v) Def (Fin) is not granting the 2nd ACP in GP 2400/- to erstwhile Labourers who have completed 24 yrs regular service upto 31.08.2008 on the plea that they had not passed the requisite trade test of Highly Skilled on the date of eligibility. BPMS invited the attention of Def (Fin) to the clarification for grant of ACP after passing the trade test issued vide MOD D(Civ-I) dated 05.02.2004 which stipulates as under –

“2. It is further clarified that the employees who had completed 12/24 years of service after 09.08.99 but before that the date of conducting the first trade test may be granted financial upgradation under ACP Scheme, subject to fulfillment of all other conditions prescribed for grant of ACP, from the date of their completion of 12/24 years of service, instead of the date of passing of this trade test, in the first attempt as a one time measure.” In spite of that Def(Fin) is not agree to conduct the trade test but make the same effective from the date of eligibility.

(vi) Grant of Night Duty Allowance on the basis of actual salary- Payment of Night Duty Allowance based on actual salary, instead of notional pay of Rs.2200/- was resolved vide MOD ID No. 17(4)/2012/D(Civ-II), Dated 08.05.2015 in compliance of Contempt Petition (CP No. 200/2014 Shri Arvind Girija Singh & Ors versus UOI & Ors.) based on the CAT Jodhpur directions in OA No 34/2008 dated 5.11.2009 and subsequent ratifications by Hon’ble High Court and Supreme Court of India. All the court cases regarding revision of night duty allowance was related to the notional ceiling of Rs.2200/- per month and this issue was resolved by ordering the NDA on the actual salary and nowhere court further fixed any real or notional ceiling. We are surprised to see the PC of A (Fys) Kolkata letter No. Pay/TechII/1206/2015/13, dated 09.09.2015 whereby ceiling for entitlement of Night Duty Allowance has been revised to Rs. 12380/- pay in Pay Band.

We have strong objection on the issuance of this letter because PC of A (Fys) is not the competent authority to revise the ceiling of entitlement for NDA unilaterally as the original order has been issued by Ministry of Defence in consultation with Min of Finance, DoP&T, Def (Finance) and if there was any doubt regarding eligibility, PC of A (Fys) should have asked for clarification from the competent authorities through prescribed channels.

These are some of the examples on the functioning of Def (Finance) which raise piecemeal objections time and again and after several years the issue/draft/proposal will be sent to other authorities like DoPT, Min of Fin, Min of Labour, Min of Law etc. Due to this delay tactics employees are compelled to approach the Court of Law. Even then Court judgements are not being extended to similarly placed non-petitioners.

5. There are various court cases due to administrative lapses like promotion of MCM in EME, grant of one increment on movement from MCM to Chargeman, grant of 3rd MACP in GP 4600/- to IEs after 01.01.2006, grant of Skilled grade to Tentmenders of AOC & Valveman & Lift Operators of MES from the date of appointment and redesignation of Safaiwala/Chowkidar to Mate in MES. This should be looked into.

6. Defence Civilians of EME and OFB are much agitated because their Productivity Linked Bonus are being reduced to 28 days & 40 days respectively whereas on the basis of their output/production they are being recommended for 32 days in EME & 41 days in OFB. Due to this, members of Federation are pressing very hard to file court cases against the employer for not paying the legitimate justify of PLB. Kindly look into the matter to prevent litigations.

7. In the Contempt Petition, it should be brought to the notice of CAT/High Court/Supreme Court where the matter is pending for implementation like Directorate / MOD / Def(Fin) / DoP&T / Min of Finance etc. so that appropriate directives may be issued against the concerned authority by the CAT/Court under the Contempt of Court.

Therefore, you are requested to put the above cases before the expert committee so the committee may consider the cases in correct perspective and may suggest the Hon’ble Defence Minister and may issue necessary directives to other authorities how to minimize the litigations and the grievances of the employees may be resolved amicably.

Thanking you.
Sincerely yours

(MUKESH SINGH)
Secretary/BPMS &
Member, JCM-II Level Council (MOD)

Source: BPMS

Seventh Pay Commission may cause inflation

Seventh Pay Commission may cause inflation

New Delhi: It is anticipated prices of goods could rise, causing inflation, as soon as the Seventh Pay Commission announces the revised pay-scale for central government employees and the states government employees would have to bear the brunt.

Accordingly, the implementation of the Seventh Pay Commission’s recommendations will ravage the finances of the central and state governments.

Inflation has been whacking Indian budgets over the last few years. What has hurt the common man even more is food inflation. Food prices have risen at a much faster pace than overall prices.

The deficient monsoon rainfall and drought conditions in several parts of the country have accentuated the pressure on food prices, pushing up the overall inflation rate.

The Reserve Bank of India (RBI) cut interest rates by 50 basis points on Tuesday in a bid to kickstart economic growth, following a sharp drop in inflation.

The inflation has stayed high in the past few years—the Consumer Price Index (Industrial Workers) has averaged over 9% in the past eight years, which means cost of living has gone up significantly and hence necessitates higher compensation for workers also.

The dearness allowance of government staff has already touched 119%, which along with the rise in other allowances have more than doubled salaries since 2006.

It is expected the Seventh Pay Commission to recommend 3 times hike in salaries across various grades from Sixth Pay Commission levels apart from a further rationalization of government employees.
There is a perception that government employees’ higher salaries boost spending on housing, automobiles and consumer electronics.

Initial estimates suggest the seventh pay commission could add Rs 1,00,619 crore to the central government’s wage bill.

The central government pay and allowances amount to 1 per cent of GDP today. State wages amount to another 4 per cent, making for a total of 5 per cent of GDP.

The medium-term expenditure framework recently presented to Parliament by Finance Minister Jaitley, which looks at an increase in pay of 16 per cent for 2016-17 consequent to the Seventh Pay Commission award.

That would amount to an increase of 0.8 per cent of GDP. This is a one-off impact.

However, the Seventh Pay Commission is ready with its recommendations on revising emoluments for nearly 50 lakh central government employees and 55 lakh pensioners, and will soon submit report to the Finance Ministry.

Headed by Justice Ashok Kumar Mathur, the Commission was appointed in February 2014 and its recommendations are scheduled to take effect from January 1, 2016.

The government constitutes the Pay Commission almost every 10 years to revise the pay scale of its employees and often states also implement the panel’s recommendations after some modifications.

As part of the exercise, the Commission holds discussions with various stakeholders, including organisations, federations, groups representing civil employees as well as defence services.

Meena Agarwal is the secretary of the Commission. Other members are Vivek Rae, a retired IAS officer of 1978 batch and Rathin Roy, an economist.

The Sixth Pay Commission was implemented with effect from January 1, 2006, the fifth from January 1, 1996 and the fourth from January 1, 1986.

Source: Central Government News

Engineered delay in the submission of the 7th CPC report – NJCA strongly condemns

Engineered delay in the submission of the 7th CPC report – NJCA strongly condemns

National Joint Council of Action decided to defer the Indefinite Strike from 23rd November 2015

NJCA
National Joint Council of Action
4, State Entry Road New Delhi – 110055

No.NJCA/2015

September 30, 2015

All members of the NJCA

Dear Comrade,
The National JCA met today on 30.09.2015. In the background of the engineered delay in the submission of the 7th CPC report, the meeting reviewed the decision to go for indefinite strike action commencing from 23rd Nov.2015 and arrived at the following conclusions.

1.The 7th CPC, as per the indication the NJCA had, concluded its deliberations and finalised its report. But due to the pressure exerted by the GOI the report is not likely to be out till the Bihar election is going to be concluded on 8.11.2015.

2. Even if the report is given, the Government might plead for some more time to consider the same and arrive at conclusions.

3. Even though the charter of demand contain other major issues, viz FDI, outsourcing, New Pension Scheme etc, the CPC related issues especially the revision of wages has its own significance and struggle without the said issue is impracticable.

4. The meeting also noted that after the impressive march to parliament held on 28th April, 2015, no serious programme of action was undertaken, which has created a certain complacency in the movement. The meeting noted the necessity to rejuvenate the NJCA functioning at all levels.

5. It was also noted that there are states which have not held the state level conventions and consequently have not brought into being the state apparatus required to spearhead a serious action like indefinite strike.
6.In view of above mentioned conclusions, the National JCA has decided to defer the strike action slated for 23rd November 2015 to a date during the Budget session of the parliament i.e from Feb to April 2016. The exact date of commencement of the strike will be decided by the National JCA when the 7th CPC report is available.

7.The NJCA also has decided to call upon all Federations of Central Government Employees to organise a massive protest demonstration in front of all work-spots/offices on 19th November 2015 wearies Black Badge to register our anger and resentment over the Government’s action in engineering delay in the submission of the report by the 7th CPC.

8.The National JCA leaders and all standing council members will sit on a day long Dharna at Jantar Man tar on 19.11.2015 by wearies Black Badge to highlight the anti worker attitude of the GOI and its concerted efforts to undermine the functioning of JCM.

We also send herewith the resolution adopted at the meeting which has been Forwarded to the Government already.

With greetings
Enel: Resolution

Comradely yours,

(Shiva Gopal Mishra)
Convener

Source: Confederation of Central Government Employees & Workers

Empanelment of AYUSH Hospitals / Centers under CGHS

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 extension 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-http://msotransparent.nic.in/writereaddata/cghsdata/mainlinkfile/File1150.pdf