In view of the aforesaid the senior citizens of ONGC are entitled to certain privileges and benefits in consideration of their loyal service and ONGC is under constitutional obligation to ensure implementation of the same
Wednesday, April 21, 2010
NATIONAL POLICY ON OLDER PERSONS
National Policy on Older Persons seeks to assure older persons that their concerns are national concerns and they will not live unprotected, ignored and marginalized. The National Policy aims to strengthen their legitimate place in society and help older people to live the last phase of their life with dignity and peace, This policy provides a broad framework for inter sect oral collaboration and co-operation both within the government as well as between government and non-governmental agencies for the well being of older persons of the country. Further, it needs no emphasis to understand the role of ONGC for implementation of the said policy in its spirit and object with regard to its own retired elderly employees with a view to help them to live with decency, independence and self-respect in the fall of their life when their physical and mental prowess is ebbing corresponding to aging process and, therefore, they are required to fall back to savings. One such saving in kind is that they give their best in hey day of life to the ONGC till the age of their superannuation
T.A. ON RETIREMENT VS. POST RETIREMENT MEDICAL FACILITIES
T.A. ON RETIREMENT Vs. POST RETIREMENT MEDICAL FACILITIES
Grant of T.A. on Retirement, when a retired employee settles down in a station other than the last station of duty, is not some thing new introduced by ONGC. It was well in practice in a number of organisations including Central Government much earlier. Linking the same with the extension of medical facilities after retirement by the ONGC is 'oppressive' In terms of the medical rules of the Central Govt , which also apply on ONGC, pensioners/family pensioners also, have the option to get their names registered with any of the dispensaries under CGHS, but are eligible for getting treatment from any of the dispensaries at any city notified by the Central Government. It is not necessary that these pensioners/family pensioners should be living in the area covered under the CGHS.
In the above connection, verdict in the following court case relating to ONGC is worth taking-note:-
Some of the retired employees of Ankleshwar Project of ONGC, who availed TTA and opted for post retirement medical facilities at some other place other than Ankleshwar/Bharuch, have continued to avail of post retirement medical facilities from ONGC dispensaries at Ankleshwar/Bharuch. Therefore, their medical facilities from Ankleshwar/Bharuch were discontinued. 53 of such employees appealed in the Bharuch Court for restoring their medical facilities at Ankleshwar/Bharuch. As per the judgement of the Hon'ble Court, medical facilities were to be restored to those employees.On the appeal of the Project, Hon'ble High Court has upheld the decision of the lower court and held that the medical facility scheme is a welfare scheme and can not be equated wth the other rules of ONGC and TTA. Having regard to the interpretation and proposition laid by the Hon'ble High Court, ONGC concluded that there does not seem much scope for challenging the order of Hon'le Court in SLP with the view that medical scheme being a welfare scheme and the order of the Hon'ble High Court being tentative, the Hon'ble Sureme Court might not like to interfere with the order of the High Court. As a result, vide Office Note no.Ank/RC/PD/MF/2000/1584 dated 30/31-3-2000 of the Ankleshwar Project, Post Retirement Medical Facilities in respect of all retired employees, who were party to the pettition (SCS NO.65 AND 105 OF 1998) were restored.
Grant of T.A. on Retirement, when a retired employee settles down in a station other than the last station of duty, is not some thing new introduced by ONGC. It was well in practice in a number of organisations including Central Government much earlier. Linking the same with the extension of medical facilities after retirement by the ONGC is 'oppressive' In terms of the medical rules of the Central Govt , which also apply on ONGC, pensioners/family pensioners also, have the option to get their names registered with any of the dispensaries under CGHS, but are eligible for getting treatment from any of the dispensaries at any city notified by the Central Government. It is not necessary that these pensioners/family pensioners should be living in the area covered under the CGHS.
In the above connection, verdict in the following court case relating to ONGC is worth taking-note:-
Some of the retired employees of Ankleshwar Project of ONGC, who availed TTA and opted for post retirement medical facilities at some other place other than Ankleshwar/Bharuch, have continued to avail of post retirement medical facilities from ONGC dispensaries at Ankleshwar/Bharuch. Therefore, their medical facilities from Ankleshwar/Bharuch were discontinued. 53 of such employees appealed in the Bharuch Court for restoring their medical facilities at Ankleshwar/Bharuch. As per the judgement of the Hon'ble Court, medical facilities were to be restored to those employees.On the appeal of the Project, Hon'ble High Court has upheld the decision of the lower court and held that the medical facility scheme is a welfare scheme and can not be equated wth the other rules of ONGC and TTA. Having regard to the interpretation and proposition laid by the Hon'ble High Court, ONGC concluded that there does not seem much scope for challenging the order of Hon'le Court in SLP with the view that medical scheme being a welfare scheme and the order of the Hon'ble High Court being tentative, the Hon'ble Sureme Court might not like to interfere with the order of the High Court. As a result, vide Office Note no.Ank/RC/PD/MF/2000/1584 dated 30/31-3-2000 of the Ankleshwar Project, Post Retirement Medical Facilities in respect of all retired employees, who were party to the pettition (SCS NO.65 AND 105 OF 1998) were restored.
Monday, April 19, 2010
MEDICAL FACILITIES FOR RETIRED EMPLOYEES
'RETIRED EMPLOYEES CAN SUE GOVT FOR NEGLIGENCE UNDER CGHS'
The verdict, read with a ruling of the SC in 1995 that in-service Central Government employees are consumers under the Central Government Health Service Scheme, now catgorieses the entire working and retired work force as consumers, as far as health care is concerned under the scheme
Lakhs of retired central government employees can rejoice as the apex consumer forum has held them to be the sonsumers under the CGHS schme, thus conferring a right on them to sue the Centre for damage in case of deficiency in health care provided to them and their dependents.
This was unanimous decision of a full Bench of the National Consumer Disputes Redressal Commission (NCDRC) comprising its preseident Justice M.B.Shah, members Rajyalakshi Rao, B.K. Taimni, Justice K.S.Gupta, Justice S.N. Kapoor and P.D.Shenoy.
This verdict, read with a ruling of the Supreme Court in 1995 that in-service central government employees are consumers under the Central Government Health Scheme (CGHS). now categorises the entire working and retired work force of the Central Goverment as consumers, as far as health are is concerned under the scheme.
The question before the NCDRC was "whether a pensioner and beneficiary of the CGHS would be a consumer under the provisions of Consumer Protection Act, 1986, for alleged deficiency in service by the CGHS Medical Officer".
Answering in the affirmative, NCDRC said medical treatment facilities extended to a retired 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 get pension as well as other benefits, including medical treatment presribed by various rules or the schemes framed by the Centre.
"Such employee would be a consumer as defined in Section 2(1)(d)(ii) of the Consumer Protection Act," said Justice Shah , writing for the Bench. Explaining the reason behind the conclusion that would make the retired employees feel less neglected, the NCDRC said 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 subsidised by the government is rendering service free of charge," it said.
The NCDRC verdict came on a petition filed by retired employee Jagdish Kumar Bajpai, throgh advocate Nikhil Nayar, claiming that he was refused medicines for his wife by the CGHS dispensary in Kanpur. He also claimed damages to the tune of Rs. 4 lakh alleging that his wife died due to the negligence of the medical officer.
___________________________________________________________________
The above news item appeared in Ahmedabad Edition ofTimes of India dated November 7, 2005
Needless to say that this verdict is relevant to the working and retired employees of ONGC as the Central Government Medical Attednance Rules also apply on ONGC.
The verdict, read with a ruling of the SC in 1995 that in-service Central Government employees are consumers under the Central Government Health Service Scheme, now catgorieses the entire working and retired work force as consumers, as far as health care is concerned under the scheme
Lakhs of retired central government employees can rejoice as the apex consumer forum has held them to be the sonsumers under the CGHS schme, thus conferring a right on them to sue the Centre for damage in case of deficiency in health care provided to them and their dependents.
This was unanimous decision of a full Bench of the National Consumer Disputes Redressal Commission (NCDRC) comprising its preseident Justice M.B.Shah, members Rajyalakshi Rao, B.K. Taimni, Justice K.S.Gupta, Justice S.N. Kapoor and P.D.Shenoy.
This verdict, read with a ruling of the Supreme Court in 1995 that in-service central government employees are consumers under the Central Government Health Scheme (CGHS). now categorises the entire working and retired work force of the Central Goverment as consumers, as far as health are is concerned under the scheme.
The question before the NCDRC was "whether a pensioner and beneficiary of the CGHS would be a consumer under the provisions of Consumer Protection Act, 1986, for alleged deficiency in service by the CGHS Medical Officer".
Answering in the affirmative, NCDRC said medical treatment facilities extended to a retired 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 get pension as well as other benefits, including medical treatment presribed by various rules or the schemes framed by the Centre.
"Such employee would be a consumer as defined in Section 2(1)(d)(ii) of the Consumer Protection Act," said Justice Shah , writing for the Bench. Explaining the reason behind the conclusion that would make the retired employees feel less neglected, the NCDRC said 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 subsidised by the government is rendering service free of charge," it said.
The NCDRC verdict came on a petition filed by retired employee Jagdish Kumar Bajpai, throgh advocate Nikhil Nayar, claiming that he was refused medicines for his wife by the CGHS dispensary in Kanpur. He also claimed damages to the tune of Rs. 4 lakh alleging that his wife died due to the negligence of the medical officer.
___________________________________________________________________
The above news item appeared in Ahmedabad Edition ofTimes of India dated November 7, 2005
Needless to say that this verdict is relevant to the working and retired employees of ONGC as the Central Government Medical Attednance Rules also apply on ONGC.
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