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.