THE HEROISM OF PANJABIS

The Heroism of Panjabis was highlighted with Alexander the Great's invasion on Panjab. In a letter to his mother he wrote, "I am involved in a land of leonine and brave people, where every foot of the ground is like a well of steel, confronting my souldier. You brought only one son in the world, but every one in this land can be called an Alexander".

IN BRIEF.....

WITH REFERENCE TO ASTO - ONGC -


- Elections for office-bearers of Executive Committee to be conducted by the Association (Periodicity to be mentioned). Department not to associate with the elections except that an official may act as an observer, if so desired by the Association.
(Clause 7(ii) of Central Civil Services (Recognition of Service Association) Rules, 1993)

REG HOUSE RENT ALLWANCE (HRA) IN ONGC -

- Central Govt HRA Rules apply on ONGC. According to the said rules:

HRA is admissible with reference to place of duty irrespective of place of residence

- Double HRA for employees posted in NE Region from outside NE Region.

(No excess amount of has ever been paid in ONGC. In effect, in 1988, in respect of various Projects of ONGC, respective Project Allowance was merged with the admissible HRA of particular Project (Refer Memorandum of Settlement (1988) and subsequent orders of ONGC)

Note :Project Allowance and Drilling Allowance were/are totally two separate facilities. Project Allowance was/is applicable only for Projects whereas Drilling Allowance was/is admissible in all the work-centers of ONGC including Dehra Dun, Delhi and Baroda etc.Yes, under the rules of the ONGC, Drilling Allowance and City Compensatory Allowance (CCA) are not admissible simultaneouslly.One has to opt either for DCA or for CCA.

REG ; MEDICAL FACILITIES ;

ONGC is exempt from ESI Act. As such, Medical Attendance Rules, 1944, of the Central Govt statutorily apply on ONGC

According to Hon'ble Supreme Court -

Govt is under statutory obligation to provide free health care to its employees including its retired personnel.

It is now well-settled that right to health is an integral to right to life

Govt is duty bound to bear the entire expenditure on heart surgery and hospital or hotel expenses incurred by its ailing staff, including pensioners.

According to NCDRC -

Retired employees can sue Govt for negligence under CGHS.This verdict , read with a ruling of the SC in 1995,that in-service Central government employees are consumers under the Central Government Health Scheme, now categorizes the entire working and retied work force as consumers, as far as health care is concerned under the Scheme.

Medical treatment facilities extended to a retired employee under CGHS could not be termed as "free service" as it was in consideration of service rendered by him to the government till the age of superannuation, which conferred a right on him to medical treatment prescribed by various rules of the scheme framed by the Center.

Service rendered by the government employees before retirement would be 'consideration' for providing medical facilities to him or his family members.

Hence, it cannot be said that the hospital which is subsidized by the government is rendering service free of charge.

According to Hon'ble High Court at Allahabad -

Medical Scheme is under welfare measures and cannot be equated with any other rules of ONGC inlcuding TTA (under this order medical facilities of 53 ex-employees of Bharuch and Anklesvar Project of ONGC were restored as the same were discontinued since the said employees on retirement, availed of TTA for settlement at places other than Bharuch and Anklesvazr but continued to avail of medical facilities at Bharuch and Anklesvar.

MY GENETIC COSMETIC

My birth was an accident which took place without being consulted me.Born on 5th May, Baramula, initially pronounced as Varahmul, (Kashmir - India) to a Panjabi family migrated from North West Frontier Province (NWFP)) of Pakistan during partition. My father was from Vasandis of Mansehra (formerly called Palkhi Sarkar) and mother from Oberois family of Buttal (Baltistan). Geographically, located at the famous Karakoram High-way connecting China, Mansehra was separated from SWAT (Udhyan) by Buner village. Buttal was a town within District Mansehra itself bordering Kohistan desert. Thus,Mansehra and Buttal both were under the Hazara Division of Provincially Administrated Tribal Area (PATA) of Pastuns dominated North West Frontier Province (NWFP) of Pakistan.
Mansehra, which is termed as "Paradise on Earth", was popular for its mountains, valleys, rivers, magical lakes, forests, flowers and sarhad.It was really amazing. The green land of Mansehra was known for love, peace, beauty, smiling and charming. People were friendly, social, educated, well-behaved, civilized and hard-working. To the other side, Buttal was inhabited by Pastuns and Bloch people and Panjabi/Urdu elite. The constant invasions resulted in one of the most distinctive societies and and cullture in the region. The "Rebellion Culture" was the main characteristic of Buttal which the people of Buttal are still following. They are fighters, aggressive, adament, rigid, dominating, determined , courageous, open, interprising and can go upto any extent in friendship or animity and love or war.

Thus, the above two cultures designed my genetic costmetic and behaviour.

I am a mes mixture of hyper, creative, clumsy, grumpy, blur, funny, kind,chatti, courageous, straight-forward, simple, sincere, sensitive and sentimental. I am innocent like a child and stubborn like a bull. Yes, I live a life of hate and love as a fighter and a saint.

PLEASE EXCUSE ME

I am not conversant with the computer operation. As such, in -spite of best efforts, mistakes are happening. Would try to bring perfection. Till such time kindly co-operate.

- B. N. Vasandi

CLARIFICATION ON CLASSIFICATON OF CITIES FOR HRA

Some one has asked me to further clarify the classification of cities for the purpose of HRA. Hence, it is to clarify that classification of cities/towns is always done on the basis of population as per the census. Prior to the Sixth Pay Commission Report, the said classification as well as the respective rate of HRA payable with reference to Basic Pay plus Stagnation Increment plus NPA,if any, was (i) 'A - 1' (3O%),(ii) 'A', 'B-1' & 'B-2' (15%), (iii) 'C' (7.5%) and (iv) Unclassified (5%). Based on the recommendations of the Sixth Pay Commission this classification has since been revised viz A-1 to 'X'(30%), A, B-1 & B-2 to 'Y'(20%) and C & Unclassified to 'Z' (10%). Under the said revision, rates of HRA have been enhanced in respect of all the cities, except Brihan Mumbai,Chenai, Delhi and Kolkata.

According to above revision ,HRA rate i/r/o . Ahmedabad Asset is 20% (applicable to 'Y' category) and on adding the element of 15% Project Allowance, the total rate of HRA comes to 35% whereas a Delhi it is to be paid exactly @ 2O%., as Delhi does not come under any Project.

The concept of Project Allowance is universal. It is granted to compensate the employees for lack of amenities such as schools, markets, housing and dispensaries at the places of construction of major projects. Actually, on merger of Project Allowance with HRA, the employees of ONGC have become loosers. Had the Project Allowance been kept separate and independent, substantial upward increase in its rate might have taken place from time to time as is the case in other departments.The Project Allowance was being paid at varied %age for various Projects.

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ONGC PAY REVISION (2007) - A CORPORATE FUN

Ahmedabad . Oil and Natural Gas Corporation Limited (ONGC), the first and only Indian Company to figure in Fortune's "World's Most Admired Companies List, 2007" has since arbitrarily revised the much- awaited Pay Scales of its executives with effect from January 1, 2007 without specifying the periodicity. The last revision ,effective from January 1, 1997, was for a period of 10 years. Decision in respect of E-6 level executives as well as on Perks and Allowances is yet to be taken.

On cursorily going through the revision order, a man of ordinary prudence would flatly term the same as a corporate fun and a classic example of ignorance, indifferent attitude and high-handedness.It is a revision minus revision. Rates of annual increment, notional increment on promotion and stagnation increment have drastically been reduced by 25 to 50%. Heavy reduction has also been effected in the House Rent Allowance(H.R.A) admissible at Projects. For fixation under the revised scales, Special Pay(SP) and Special Personal Pay (SPP), already being drawn by the executives, has neither been considered for fitment nor carried forward as a frozen amount). No benefit of predating of promotion has been allowed. As on 1.1.2007, the rate of Dearness Allowance (D.A.) was 98.6%, out of which 78.2% has been merged with the Basic Pay as on the said date by adopting 100% D.A. neutralization, thus, making the D.A. as on 1.1.2007 ZERO linked to AICPI 2001=100, which was 126.33 as on 1.1.2007.How and where the remaining 20.4% D.A. (98.6 - 78.2= 20.4) has been adjusted ? In effect, the merger of D.A. with Basic Pay in respect of the employees of ONGC became due w.e.f. 1995 in terms of clear stipulation made in the last Pay Revision as well as the guidelines of the Central Government/B.P.E., as the quantum of D.A. by that time already crossed the prescribed limit of 50% of the Basic Pay. Thus, the executives of ONGC have been deprived of the substantial benefit on this account also, whereas the said benefit was duly extended to the employees of Central/State Governments/PSUs including CSIF.

In view of the above as well as a number of other discrepancies in the revision order, a large number of executives are being paid lesser pay than what was being drawn by them immediately prior to the revision. In some cases, pay or the juniors has been fixed more than their seniors. In a good number of cases, recoveries have been effected. It is further feared by the executives that proposals are already afoot to restrict the total Perks and Allowances by a specified ceiling as well as linking the same with 50%of the Basic Pay.

It is beyond imagination ,how the highly qualified battery of senior and chief HR executives could not conclude that in no case H.R.A. has ever been paid in excess of the rate notified by the Central Government from time to time. In effect, the 'so-called excess amount' of H.R.A. was being paid at the Projects, contains the element of admissible Project Allowance merged with the respective H.R.A. of various Projects in terms of Mememrandum of Settlement (1988) signed between the ONGC and ASTO/Unions. Rather, in-spite of very clear provision in the H.R.A. rules of the Central Government, at no stage ONGC has ever allowed two H.R.As to the employees posted in the N.E.Region from outside the N.E.Region. The said rules also provide that H.R.A. is admissible with reference to the place of posting irrespective of residence. This provision is also not being complied with by ONGC, especially in the case of MRBC , Mumbai. Further, ONGC has also failed to take note of its statutory/legal obligations to ensure that a facility once granted can never be withdrawn, service conditions cannot be altered,initial pay, though fixed erroneously,cannot be reduced etc.etc.Under such provisions neither any ceiling can be imposed on total perks and allowances nor the same could be linked to any reduced percentage of Basic Pay.

Exposed to such an odd situation, ONGC' employees are completely demoralized, which would adversely effect their efficiency telling on the productivity of ONGC.Heavy exodus fro ONGC is in the offing just on reversal of the economy.

HOUSE RENT ALLOWANCE IN ONGC - CONFUSION

Statutorily, Central Govt Rules on HRA also apply on ONGC.No payment of HRA has ever been made in ONGC over and above the rates notified by the Central Govt from time to time. In effect, at one stage Project Allowance admissible at various Projects of ONGC was merged with the respective HRA of the Projects in terms of Memorandum of Settlement (1988) signed between the ONGC and ASTO/Unions. Further, the HRA rules of the Central Govt provide that HRA is admissible with reference to place of posting irrespective of residence. This provision is being violated by ONGC particularly in the case of employees posted at Mumbai Offshore Project.

Moreover, under the said rules, benefit of two HRAs is admissible to the employees posted in NE Region from outside the NE Region. This provision is also not being complied with by ONGC.
Classification of cities is aways based on population of particular city.There is nothig new in this regard in the present order of the Govt. that the earlier categories have been clubbed and replaced by X,Y,Z.. Rates of H.R.A. in respect of all the cities have since been enhanced EXCEPT in the case of formerly A-1' Class cities (now categorised as 'X') consisting of Brihan Mumbai, Chenai (UA), Delhi (UA), and Kolkata (UA) for which HRA rate has been retained at 3O% as was earlier applicable.. ONGC is bound to make HRA payment to its employees at the revised rates w.e.f. the date from which the said rates have been allowed for the employees of Central Goverment.

UNCALLED-FOR INTERFERENCE OF ONGC MANAGEMENT INTO THE INTERNAL AFFAIRS OF ASTO

Association of Scientific & Technical Officers (ASTO) is a private body of the officers of Oil & Natural Gas Corporation Limited (ONGC) constituted as per the standard clauses of Societies Act for the general welfare of its members and to safeguard their interests. ONGC has recognised the ASTO as a Service Association (but not like ONGC Staff Welfare Committee, which has an ex-officio Pesident under the patronage of CMD of ONGC or Trade Union). With a view to victimizing the striking officers, ONGC , in the recent past, however, has not only disbanded the ASTO or changed its constitution , but is also going ahead with the plans to conduct elections of the new ASTO body at its own as per the constitution drafted by ONGC itself. Unconstitutional provisons to this effect have also been inserted in ONGC(CDA) Rules. .Shameful ! A classical example of high-handedness of the management to interfering into the internal affairs of a private body formed under the democratic norms. At the most ,ONGC can derecognise the ASTO in case of severe proven lapses in terms of well defined rules on Service Associations, that too., after adhering to the prescribed procedure. Unfortunately, the problem with this number one company of India is that it has no fixed policy or rules on Service Associations or Joint Consultative Machinery (JCM) or Trade Unions as well as with regard to the facilities admissible to staff -side members of such units, whereas exhaustive rules for the same are well in practice for decades in other organisations, including the Central /State Government Departments.

For information of ONGC,Recognition of Service Associations Rules of the Central Govt, are reproduced below for formulating its own inbuilt rules within the constitutional frame-work:-
1. CCS (RSA) Rules, 1993 - Central Civil Services (Recognition of Service Associations) Rules, 1993, came into force from 5.11.1993 in supersession of 1959 Rules.

2, Application - Applicable to Service Associations of all Central Government servants covered by CCS(Coduct) Rules, 1965,including civilian employees in Defence Service. Not applicable to industrial employees of he Ministry of Railways and workers of Defence Installation for whom separate rules exist.

3. Conditions for recognitions :-

i) Application to be submitted with Memorandum of Association , Consititution, Bye-laws, Names of Office-beaers etc.

ii) Primary object of the Association to be of promoting common service interest of members of a distinct category.

iii) Association to be organised centrally on All Ministry/Department basis and to represent at least 35% of total number of employees in that particular category. There is a provision to have a second association with at least 15% of total number of employees. Such central association can have branches and the minimum percentage would not apply to branches.

iv) Membership to be restricted to a distinct category of employees and all such employees being eligible for membership.


v) Employees in service to be members or office-bearers . However, as a transit measure, retired/ex-employees permitted to continue up to two years from the date of recognition.

vi) Service Association not to represent interest of any caste, tribe, religion,etc.

vii) Funds, exclusively of subscriptions and Government grants, if any, to be applied only for the objects of the Association.
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4. Conditions for continuance of recognition :-

i) The Association to abide by the Constitution/Bye-laws. Any amendment to the same requires Government's prior approval


ii) Representations, only on matters of common interest to members, but not individual cases,to be submitted through proper channel, and not to contain any disrespectful/improper language.

iii) List of members/Office-bearers, up-to-date copy of rules and audited accounts to be furnished to the Government anually before lst July.

iv) Shoul not maintain any political fund or propogation of the views of any political party.

v) Should not publish any periodical/magazine/bulletin without Government permission

vi) Should not act or assist any member to act in contravention of CCS (Conduct)Rules, 1964.

5. Check-off system of verificaton - Subscription to be deducted from payrolls on written consent of the official in favour of a particular association. Subscription to more than one associatton not allowed. Check-off system for verification followed to verify the members of an Association on the basis of deduction of subscriptions. Other guide-lies and schedule for conduct of verificationt on membership of Association to be followed.

6. Withdrawal of Recognition - Can be done after giving opportunity to Association on its failures to comply with any of the conditions.

7.Guidelines on the features of Constitution/Bye-laws of a Service Association :-

i) Accounting year - lst April to 31st March

ii) Elections for office-bearers /members of Executive Committee to be conducted by the Association .(Periodcity to be mentioned) Department not to associate with the Elections, except that an official may act as an obsersver, if so desired by the Association.

iii) Office-bearers to have fixed term not exceeding two years and number of office - bearers /members of Exeecutive Committee to be proportionate to the total membershp

v) Provision to be made in the Constitution that any amendment to be done only after the Government approval.

v) Rate of subscription to be deducted from pay

vi) Number of delegats from branches/units for attending Annual General Meeting to be specified;, number of branches also to be specified. No separate recognition necessary for branches.- Chapter 33.
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Note :for recognition of an Association, registraton is not necessary


INSPITE OF ABOVE, IF ONGC GOES WITH THE PLANS TO CONDUCT ELECTIONS OF ASTO AT ITS OWN, NO OFFICER SHOULD PARTICIPATE IN THE SAID ELECTIONS. RATHER, THEY SHOULD IMMEDIATELY RESIGN FROM THE MEMBERSHIP OF ASTO.

MEMORIALS

To advocate the ethics of democacy ,Congress has recently advised its MPs and MLAs, belonging to the families of ex-rulers ,not to prefix salutations like Raja and Maharaja etc to their names - though they deserve more to be called like this by their people as a token of respect for their contribution, sacrifice and blood -line for centuaries. But, what about those politicians ,who, during their life-time, are unrelently going with the grandiose plans to build memorials to themselves for their personal glorification at the cost of public money. In effect, all political parties, which-so -ever comes in power, behaves like this. The only difference is color of their caps. .Let us see how Maya would react on the recent orders and diretive of the Hon'ble Supreme Court.

ONGC MEDICAL FACILITIES SCHEME FOR RETIRED EMPLYEES

Recently, Oil & Natural Gas Corporation Ltd.(ONGC) ,have issued one more "New Scheme" for medical facilities in respect of its retired employees. Under the said New Scheme,retired employees have been deprived of the medical facilities (for self , spouse and handicapped child, if any), from any of the ONGC Hospitals at various Work Centres, other than where he/she is settled and registered subsequent to the retirement .All clauses included in the new scheme, are contrary to the legal /statutory provisions, guidelines of the Govt, verdicts of various Courts, norms, precedents, practices, rules/regulations etc on the subject. Medical Attendaance Rules, 1944 also apply on ONGC., but while formulating the New Scheme, no consideration has been given to the said Rules, which contain well-defined updated inbuilt provisions.. Hence, blunders. According to the Central Govt Health Scheme (CGHS), the main purpose of having its own Hospitals/Dispensaries by the organisations is to extend comprehensive medical care to the employees and reduce expenditure on reimbursement. Contrary to the said fact, it is not understood on which logic, ONGC has decided to force its employees to take treatment from the private hospitals/doctors etc at heavy cost,that too ,in places where well -equipped hospitals of the ONGC with a battery of Doctors and other facilities are available. Hitherto, it was continuously being stressed that whenever any serving or retired employee of ONGC or his/her entitled family member(s) temporarily happens to be at any place where ONGC Hospital is in operation, it was essentially obligatory on him/her to ensure that he/she would take treatment from ONGC Hospital only and no one should directly go even to any empanelled/recognised hospital or doctor without prior reference issued by ONGC doctors.In case of hospitalisation,visiting persons were also required to take medicines only from the ONGC Hospital or from the recogised chemists on the basis of indents issued by ONGC. In case of a direct admission in any recognised Hospital ,in emergency, it was also a must on the part of the employee to inform the ONGC Hospital and collect necessary reference at the earliest . Under the new Scheme there would be no contact or relation between the visiting employee or the ONGC doctors whereas it was essentially required to get the medical reimbursement bills, if any ,to be countersinged/ verified from the ONGC Hospital of that place for restricting the admissible rates applicalble to that place..The earlier universally adopted procedure was not only convenient to employees but was also economical for ONGC.The new scheme would expose the retired employees and their entitled family members to severe hard- ships .Humane effors always apply for improvement. The need was to give some more facilities to the ex-emloyees instead of creating problems for them by formulating "oppressive " policy with a view to curtail the existing facilities.. It is well-settled that right to health is integral to right to life guaranted under Art 21 of the Constitution. Hon'ble Supreme Court has already ruled out that the government is under constitutional obligation to provide free heath care to its employees including the retired employees. In the matter , the land mark verdict of the Hon'bleSupremem Court in the case of K.P.Singh, former Union Govt Additionl Health Secretary vs. Panjab Govt is relevant to be referred to (a clipping from TOI dated 22.12.1995 in this regard has already been sent to ONGC separately.) .

Further, In one of its land mark decisions in the case of Jagdish Kumar Bajpai, National Consumer Disputes Redressal Commission(NCDRC) said that medical facilities to retired employees under CGHS could not be termed as "free service" as it was in consideration of service rendered by him to the government till the age of his superannuaton, which conferred a right on him to get pension as well as other benefits incluing medical treatment prescribed by various rules of the schemes framed by the Centre.As per verdict ,the NCDRC in the case, Retired employees can sue govt for the neglience. Relevant clipping from TOI dt. 7/11/O5 has also been sent to ONGC separately.
Also, in one important case of Anklesvar Project of ONGC, Hon'ble High Court at Ahmedabad has upheld the decision of the lower court for restoring the medical facilities of 53 employees and held that the medical facility scheme is a welfare scheme and cannot be equated with the other rules of ONGC and TTA (this case relates to 53 employees of Bharuch and Anklesvar , whose medical facilities were restored as the same were discontinued by the Ankleshvar Projet for continuously taking treatment from Bharuch /Ankleshvar whereas they opted for settlement at other places and took TTA on retirement for the same. Relevant documents regarding this case have also been sent to ONGC separately.MAR as well as list of inadmissible medicines is freely avilable in the market at a very low cost. Every body should purchase the same.