Appeal to All Members — For Critical Review & Constructive Discussion

🌿 Appeal to All Members — For Critical Review & Constructive Discussion 🌿

By Lokanath Mishra
Chief Adviser, All India Pensioners Association of CBIC
Chief Adviser, All India CGHS Beneficiaries Association of CBIC

Dear Friends and Colleagues,

As part of our collective effort to prepare a comprehensive and evidence-based memorandum for submission before the 8th Central Pay Commission, I have circulated a series of articles analyzing persistent inequalities across successive Pay Commissions and the need for humane pension and health policy reforms.

I request each of you to critically study these articles and participate in a constructive group discussion, so that our final memorandum reflects both factual accuracy and the lived experience of pensioners.

Core Focus Areas for the Memorandum (with Supporting References)

1️⃣ Fitment Factor — 3.57 for Fair Upgradation

A fair fitment factor of 3.57 is essential to maintain real parity and to compensate for inflation since the 7th CPC. The 7th CPC’s 2.57 factor (Para 5.1.27 of the 7th CPC Report, 2016) was based on outdated inflation estimates and has led to real income erosion. The Parliamentary Standing Committee on Finance (2021) noted that fair wage adjustments must be indexed to realistic cost-of-living data.

2️⃣ Restoration of Commuted Pension After 10 Years (Retroactively)

The 5th CPC (Para 141.24) and 6th CPC (Para 5.1.41) had suggested rationalization of the commutation period. Globally, OECD and ILO models recommend 10-year restoration norms (ILO Social Protection Report, 2022). Restoration after 15 years is excessive and inequitable; hence, retroactive restoration after 10 years is just and reasonable.

3️⃣ Automatic Pension Increase Every 5 Years

To ensure equity among retirees of different periods, there should be a 5-year automatic revision linked to pay matrix updates. The D.S. Nakara v. Union of India (1983 AIR 130) judgment mandates equal treatment of all pensioners belonging to the same class, preventing inequity between older and newer retirees.

4️⃣ Senior Should Not Receive Less Pension Than Junior

This principle was affirmed by the Supreme Court in Union of India v. SPS Vains (Retd.) (2008), which ruled that no senior pensioner should draw less pension than a junior of the same rank and length of service. The 7th CPC Para 10.1.67 acknowledged this anomaly but deferred correction to administrative action — it must now be implemented as policy.

5️⃣ Increase in Fixed Medical Allowance (FMA)

The Parliamentary Committee on Pensions (2022) recommended substantial enhancement of FMA to reflect actual healthcare costs. With rising medical inflation, a minimum of ₹10,000 per month is justified for pensioners not covered under CGHS.

6️⃣ Introduction of Leave Travel Concession (LTC) for Pensioners

Many State Governments (e.g., Tamil Nadu, Maharashtra) already extend LTC-like benefits to retirees. The 7th CPC (Para 8.17.52) supported extending welfare benefits like LTC to promote pensioners’ well-being and continued engagement with society.

7️⃣ Simplified Life Certificate Collection

The DoP&PW Circular (No. 1/20/2018-P&PW(E), 2018) and Jeevan Pramaan initiative already allow online submission, but physical verification is still a hardship for the elderly. A doorstep collection system through Post Offices or banks, as recommended by the Standing Committee on Personnel (2020), must be institutionalized.

CGHS and Medical Reforms — A Core Pension Entitlement

8️⃣ Direct Access Without Referral

As per OM No. Z.15025/117/2017/DIR/CGHS (2018), CGHS beneficiaries should not require referrals for follow-up consultations or diagnostics. This must be expanded to allow treatment and testing in any empanelled facility without prior referral, ensuring timely medical care.

9️⃣ Emergency Admission Anywhere

Following the MoHFW OM dated 30.01.2019, reimbursement must be permitted for emergency treatment in any hospital, empanelled or not. Pensioners cannot be denied care due to procedural restrictions in emergencies.

🔟 Overseas Medical Benefits

Pensioners visiting abroad should receive treatment facilities at par with serving embassy staff, under MEA’s medical reimbursement framework (vide MEA Circular No. Q/OI/576/1/2020).

1️⃣1️⃣ Pharmacy Stores at Wellness Centres

Pharmacy counters must function within all CGHS Wellness Centres, issuing indented medicines on the same day. The Parliamentary Standing Committee on Health (2021) recommended streamlining procurement to avoid delays in life-saving medicines.

1️⃣2️⃣ Supply of Same Prescribed Medicines & Vitamins

As per CGHS Guidelines, 2023, medicines prescribed by specialists should not be substituted arbitrarily. Elderly pensioners must also receive vitamins and nutritional supplements, consistent with geriatric health standards (WHO Report on Ageing, 2021).

1️⃣3️⃣ Expansion of CGHS Network

New Wellness Centres should be established in remote, tourist, and pilgrimage areas, as recommended by the PAC (2019).

1️⃣4️⃣ Cashless Treatment for All

Full cashless medical treatment for both IPD and OPD services should be implemented, following the DoP&PW and MoHFW 2021 MoU with insurance providers.

1️⃣5️⃣ Mandatory Empanelment of Major Private Hospitals

All NABH-accredited hospitals should be mandatorily empanelled. Currently, selective empanelment leads to exclusion of many reputed institutions.

1️⃣6️⃣ Transparency and Accountability

CGHS should establish a real-time online grievance portal and public audit reports, as advised by the CAG Performance Audit on CGHS (2022).

1️⃣7️⃣ Portability of CGHS Cards

Nationwide portability of CGHS benefits should be enabled (OM dated 11.11.2022, MoHFW), ensuring access to any centre across India.

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Implementation of Judicial Decisions in Rem — Not Case-by-Case

A deeply troubling issue is that pensioners are repeatedly forced to litigate for reliefs already settled by courts.
The Supreme Court in Inder Pal Yadav v. Union of India (1985 AIR 1296) and Union of India v. K.C. Sharma (1998 AIR 3583) held that judgments relating to pensioners must be implemented in rem, i.e., applied to all similarly placed persons, not only to those who litigated.
Forcing elderly pensioners to approach courts for identical reliefs violates Article 14 (Equality before Law) and the principles of natural justice.

We therefore urge that:
✅ All judicial and tribunal decisions relating to pension parity, restoration, or benefits be automatically extended to all similarly placed retirees.
✅ A Central Pension Adjudication and Implementation Authority be established to ensure uniform execution of such judgments.

Conclusion

Our appeal is simple yet fundamental: pensions and medical benefits are not fiscal levers — they are constitutional and moral entitlements.

Let us collectively draft a memorandum that reflects fairness, dignity, and equality for all retirees. I invite each member to offer written comments, case references, and practical suggestions. Your experience and input will ensure that the 8th Pay Commission addresses the real issues — not just numbers, but justice.

Together, we can ensure that the coming Commission marks the beginning of equitable reform for every pensioner and beneficiary.

With warm regards and solidarity,
Lokanath Mishra
Chief Adviser
All India Pensioners Association of CBIC
All India CGHS Beneficiaries Association of CBIC

The Central Pay Commission (Part- VIII)