MESSAGE FLASH DATED 18TH JAN, 2017
1. Fresh OA regarding TA: The OA filed by DADWA came up for hearing in C.A.T. today i.e. 18th Jan 2017 vide which the wires of OM dated 19-8-2016 of G.O.I. Ministry of Finance, Dept. of Expenditure regarding grant of TA to SAG Officers of CHS and DHS of all four sub-cadres. Members are aware that this OM was issued under the garb of clarification but it was nothing but an afterthought to deny the benefits of enhanced TA granted by 6th PC to both present and future SAG Officers. This is despite the fact that stay has been granted by CAT on recovery of enhanced TA in many other OA’s filed by AIGDMO Association and several others both in Delhi and outside.
The judicial member was satisfied with the arguments and the evidence before him but fell short of granting a stay when he agreed to the suggestion by IAS member of the bench that government should be heard as well and himself agreed to hear the case within ten days.
2. DADWA’s Contempt Petition against MOHFW and DOPT for delay in grant of financial benefits to CHS/DHS Officers is also due to come for next hearing in first week of Feb. 2017. The MOHFW drew flak from the court in last hearing when DADWA complained that the MOHFW had failed to release of lists of CHS/DHS officers eligible for grant of Non-functional up-gradation. They had released list of only GDMO’s by then and that too was defective.
Hon’ble Delhi High Court took cognizance of DADWA’s complaint and directed the MOHFW to put its act together or else face contempt proceeding. It is reliably learnt that lists are being revised/prepared and let’s hope this time it does its job professionally and properly.
Members are aware MOHFW and DOPT had opposed this benefit as granted by 6th PC for service doctors. They had tried all tricks out of the red-book but finally, had to do it red-faced; thanks to the judgment of Delhi High Court and refusal of Supreme Court to grant any relief to the government.
DADWA Message dated Oct. 20, 2016
Complete Story of Denial of Higher TA to CHS Officers vide OM dated 19-8-2016 of Ministry of Finance GOI
DADWA decides to take Govt. to Court even if other wait and watch
Members are aware that the Allowances Committee constituted by GOI under chairmanship of Secretary Finance to look into representations of various associations for review of several allowances including NPA, Conveyance etc. has held meetings with various stake holders and is yet to submit its report. It had held a meeting on 15-9-2016 in North Block with office bearers of some recognized associations of service doctors viz. JACSDO, Faculty Associations of Teaching Specialists, DADWA and also representatives of All India Confederation of Nurses’ Associations etc. Secretaries of Health, Home, DOPT, Posts and Member Railway Board were also present from the government side.
Despite a spirited presentation by Dr. Rajiv Sood, Chairman JACSDO about NPA, TA, conveyance and stagnation in CHS etc. the Allowances Committee neither asked any questions nor made any comment on the presentation. DADWA could draw their attention to the fact that 7th Pay Commission had failed to meet the expectations of doctors. Increase was too little to cope with inflationary trends and reducing purchasing power of money in future. It was likely that the nominal increase would lose its value in next 2-3 years for the young and those stagnating at the ceiling would be greater losers. It was highlighted that service doctors had been targeted to their relative advantage over other services in terms of their NPA and promotions.
Surprisingly, even before this committee could submit its report, the Ministry of Finance, Department of Expenditure GOI vide its OM dated 19-8-2016 has notified that all Officers drawing a grade pay of Rs.10,000/- PM would not be able to draw TA @ Rs.7000+DA unless they are having a staff car attached with their post. This OM is patently illegal, discriminatory and negates the recommendations of 6th PC that have been duly accepted by the Union Cabinet in its letter and spirit.
Members are aware that some vested interests in the GOI had earlier ordered recovery of TA since 2008 from all SAG Officers once organization after another even from officers who have since retired. Aggrieved the doctors of CGHS led through initiative by Dr. Ritu Mathur, Sr. CMO (SAG) CGHS went to the CAT and obtained a stay. Later the Associations of doctors in Safdarjung, Dr. RML Hospital and Railways also joined this case and they too got a stay on recovery of TA.
Strangely our own Ministry has chosen to be a silent spectator and allowed its subordinate offices like PAO’s to initiate action at their end knowing fully well that the matter is sub-judice and it is not proper to take one sided action if the doctors are in court.
Now that the reference from Accountant General of India has come to Govt. of Delhi and some several Delhi Govt. hospitals have stopped giving TA at maximum rates to deserving officers thus forcing them to draw TA one level lower that they were getting since 2008.
DADWA has decided to file an OA in CAT against OM dated 19-8-2016 that has now become the main source of continued litigation by several associations named above regarding TA. We appeal to all members to send cheques of Rs.2000/- each in favor of “Delhi Admn. Docrtors Welfare Association” to our Treasurer Dr. B.K. Dey at the address given below.
DADWA hopes to ensure that the stay on recovery of TA continues and the TA continues to be made available to all CHS/DHS Officers at higher rates in future as well. This would help our colleague associations in their case as well who have not been able to challenge this OM dated 19-8-16 so far in the court. Secretary DADWA in a meeting at RML on 6-10-16 with leaders of JACSDO, AIGDMO, RMLH and Safdarjung Hospital and after observing that they were not ready to act fast, it conveyed the decision of DADWA executive body to take lead and any other association can later join the case if required at a much lower costs.
- Dr. Vijay Rai, Secretary
PS: Please do contribute to DADWA’s legal corpus and support your own cause. Send cheques payable to “Delhi Admn. Doctors Welfare Association” to our treasurer “Dr. B.K. Dey, 45, Harit Niketan, West Enclave, Pitampura, Delhi -110034” contact no.9999882644