Lessons from Karnataka Assembly Election

Source : The Kalinga Chronicle, Dated 31.05.2023

 Lessons from Karnataka Assembly Election

“Political parties have to pay the cost of avoiding the Govt. employees and pensioners who are a significant and powerful chunk of the vote bank” 

Bruhaspati Samal

General Secretary

Confederation of Central Govt. Employees and Workers

Odisha State Coordination Committee

Mobile: 9437022669, eMail: bsamalbbsr@gmail.com

With a sweeping victory of 135 seats out of 224 in the recently concluded Karnataka Assembly election, the Indian National Congress party formed the Govt. on 20th May, 2023. It was a do or die situation both for BJP and Congress before 2024 General Election for which political analysts and intellectuals are scrutinizing titbits of every aspect responsible for the victory of Congress and defeat of BJP. As per Lokniti-CSDS Survey on Karnataka Assembly Poll verdict, unemployment was the biggest voting issue in Karnataka followed by poverty, lack of development, price rise, educational issues and corruption and scam charges. According to voter’s choice, while 60% voter chose Congress to vote for price rise / inflation issue, only 28% and 8% went for BJP and JDS respectively.  For poverty, while 48% chose Congress to vote only 33% and 12% went for BJP and JDS respectively. Similarly, while 47% chose Congress to vote for unemployment issue, only 30% and 18% went for BJP and JDS respectively. 

In a nutshell, according to the political giants, the anti-incumbency factor, reactive campaign lacking central narrative, avoidance to senior local leaders, scams and corruption charges, confusion over reservations, poor implementation of welfare schemes and more importantly the hard Hindutva factor are considered as the major reasons of failure for BJP. But one important aspect that must be discussed is the issues of the Govt. employees and pensioners especially related to restoration of Old Pension Scheme (OPS) that was completely ignored by the ruling BJP in Karnataka in spite of their bitter experience gained from Himachal Pradesh Assembly Election. In this context, the statement of Sushil Kumar Modi, a BJP Member of Parliament in Rajya Sabha and Bihar’s former Deputy Chief Minister is worth mentioning who told on 14th December, 2022, speaking at the annual conference of PRS Legislative, an independent legislative research institute in Delhi, “(Because) we didn’t revert to the Old Pension Scheme, didn’t announce anything, the results are in front of us. The BJP had to pay a price in Himachal Pradesh. There might be other reasons also but the main reason for this (election) debacle was not reverting to the Old Pension Scheme,”  

The Govt. employees and pensioners are a significant and powerful chunk of the vote bank in Karnataka and had been on a dharna over the past several months for scrapping up of National Pension Scheme (NPS) and restoration of OPS which ceased on 31st March 2004 in Karnataka. Out of 9 lakh government employees in toto, some 3 lakh are covered under the NPS in the state. Following protests in March demanding a roll back of NPS, the Basavaraj Bommai-led BJP government, which did not want to risk its prospects in elections, formed a panel led by Additional Chief Secretary to study the feasibility of reintroducing OPS for employees. The panel was tasked with visiting five states which have already implemented OPS and to make suitable recommendations by the end of May. Though the move was significant, it is believed that political compulsions from higher forums forced the Pradesh Congress of Karnataka to modify its stand. It is worth mentioning here that since introduction of NPS with effect from 1st January, 2004, all the Central Govt. employees including Railways and all the State Govt. employees including Teachers across the country are conducting various agitational programmes to scrap NPS and restore OPS with the support of the Central Trade Unions. Encumbered with such continuous struggle programmes, various State Governments like Jharkhand, Rajasthan, Chhattisgarh, Punjab and Himachal Pradesh have rolled back to OPS. The Govt. of Andhra Pradesh has decided to offer a guaranteed pension of 33% of the last basic pay and the Govt. of Maharastra has already decided to exit from the NPS.  Both the local and national BJB leadership fails to closely scrutinize these developments to avoid a repeat of Himachal Pradesh–like defeat and avoid the angering influential vote bank led by Govt. employees and pensioners. The high profile loud-campaign programmes under the leadership of the Hon’ble Prime Minister and Home Minister on behalf of BJP promising for a double-engine government in Karnataka did not work to their expectations.  

But instead, the Congress tailored its campaign around local civic issues with enchanted poll promises, viz; 200 units of free electricity to each household (Gruha Jyoti), Rs.2000/- per month to head women of each family (Gruha Lakshmi), 10 Kgs of rice every month to each BPL family (Anna Bhagya), Rs. 3000 every month to unemployed youth with graduation degrees for two years and Rs. 1500 every month as an allowance to those young people with a diploma and unemployed (Yuva Nidhi). More importantly, the Congress made the OPS an electoral plank in Karnataka Assembly poll. The Congress Karnataka Chief Shri D K Shivakumar assured the protesting Govt. employees in Bengaluru on the issue of OPS with clear indication that they are actively considering it as a possible game changer ahead of the Assembly polls. In addition, the Chairman of the Congress Campaign Committee in Karnatak Shri M B Patil also said that the party will implement OPS if voted for power. Though officials and bureaucrats of the State Finance Department said that implementing OPS could deliver a blow to the state’s finances which is already in bad shape, Mr. Patil said: “We have done our homework. We will implement it without any hitch if we form the government.”

While the OPS being a defined benefit scheme without any contribution from the employee guarantees minimum pension of 50% of the last pay drawn subject to minimum of Rs.9000/- per month plus DR (7th CPC norms), there is neither any social security nor any guarantee of minimum pension under NPS even though the employee contributes 10% of his salary every month in addition to 14% similar contribution by the employer. The NPS beneficiary gets a meagre amount confined to maximum 10% of the last pay drawn as monthly pension only. To manage their families, such pensioners are now seen to work as daily-wagers, street vendors and even suicidal cases are being witnessed in case of failures.

The interesting fact is that while the ruling BJP ignored the employees and pensioners counting them for 3% only, the Congress calculated the voting strength of these 3% population. The pension does not affect a single person only. It affects the entire family as a whole. If a single family carries minimum 5 votes in average, there is 15% voting strength in the hands of these 3% employees and pensioners. In addition to their family members, they have the power to motivate others. And, they are forced to do so since their genuine grievances are not being heard either by the State Govt. or by the Central Govt. for years together not for OPS only, but for constitution of 8th CPC, filling up of all vacant posts, payment of 18 month DA / DR from January 2020 to June 2021, stoppage of implementation of labour codes, protection of Trade Union rights etc. No rally, no meeting is required for the Teachers and State Govt. employees of Public Health Department, Electricity Board, Municipality etc. and Central Govt. employees of Postal Department who are moving from door to door and have a special identity in their respective localities. They can simply canvass the members of public against unemployment, poverty, inflation etc. with normal conversation. If we see the mathematics of Karnataka election, out of 224 seats in toto, Congress won in 135 seats i.e. 60.26%, BJP 66 seats i.e. 29.46% and JDS  19, i.e. 8.48%. Had the BJP been able to manage these 15% voters, the whole equation would have been different. Thus, BJP committed a blunder by ignoring the employees and pensioners.

The assurances given by the BJP-led NDA Govt. both in 2014 and in 2019 to settle unemployment issue, to control price rise and poverty etc. which are mostly related to common citizens of India have reflected a negative trend during last 9 years which have affected not only Karnataka Assembly election but all other States also. With a serious defeat in Karnataka, now the South India is almost free from BJP. The reintroduction of OPS for Govt. employees in addition to the above burning issues has been a headache for BJP at the Centre for which it may soon need to fine-tune its strategy. The OPS is turning out to be an issue related to the masses and could damage its vote share with a major reversal of voting pattern if it is not addressed swiftly ahead of the Lok Sabha polls in 2024. The OPS will be a key issue before 2024 elections and if the BJP government remains in the illusion that they might win the elections again, they are highly mistaken.

*****

Govt Servants Can’t Be Excluded from Protection of Rights Guaranteed by Part III of Constitution: Delhi HC

 

The Delhi High Court on Thursday observed that government servants cannot be excluded from the protection of rights guaranteed by Part III of the Constitution of India and set aside the 2019 Memorandum Order (M.O.) that de-recognised the Central PWD Engineers Association.

The court said that by virtue of Article 19(1)(c) of the Constitution of India, the right to form Association or Union or Cooperative Societies is a fundamental right even though recognition of such Associations by the Government may not be a fundamental right.

The division bench of Justice Kameswar Rao and Justice Anoop Kumar Mendirata said that the decision for ‘non-continuation of recognition’ could not have been taken by DG, CPWD, without the prior approval of the Competent Authority i.e. the Central Government, Ministry of Housing and Urban Affairs, in view of Rule 2(a) of CCS (RSA) Rules, 1993.

The court said, “The government servants cannot be excluded from the protection of the rights guaranteed by part III of the Constitution though the duties which they may discharge as a public servant might involve restrictions of freedom in terms of Article 19 of the Constitution of India. By virtue of Article 19(1)(c) of the Constitution of India, the right to form Association or Union or Cooperative Societies is a fundamental right even though the recognition of such Associations by the government may not be a fundamental right.”

The primary objective of the CCS (RSA) Rules, 1993, according to the court, is to grant recognition to any Service Association to encourage legitimate union activities in order to facilitate negotiations by the representative body, if necessary, and to maintain harmonious relations between the government and employees.

The bench was hearing the petition for writ filed by the Central PWD Engineers Association, challenging a 2019 order issued by the Central Administrative Tribunal. As alleged by the petitioners, the order denied the continuation of recognition of the petitioner Association on the grounds that the required documents as per the schedule specified in Rule 6(e) of the Central Civil Services (Recognition of Service Associations) Rules, 1993, were not submitted.

The petitioner’s counsel argued before the high court that, according to Rule 2(a) of the CCS (RSA) Rules, 1993, orders for the grant, continuation, or revocation of recognition could have been issued only by the “Government," which refers to the Central Government.

                Taking into account the petitioner’s argument, the court noted that a simple reading of the OM reveals that it was issued only with the sanction of the DG, CPWD, and “not the approval of the Central Government".

“In view of above, the OM dated January 09, 2019 referred to above, treating the petitioner Association as unrecognized Service Association, without obtaining the approval of the Competent Authority i.e. Central Government, is liable to be set aside to aforesaid extent,” said the HC.

Responding to the petitioners’ claim that the Association was entitled to continuation of recognition in accordance with CCS (RSA) Rules, but that the respondents have intentionally delayed the process, the court stated that “the rights and privileges of the petitioner Association and office bearers could not be left in limbo" pending the continuation of recognition request.

“The recognition finally appears to have been granted to the petitioner Association in 2021 for a period of five years from the date of issue of the letter but the decision for the period 2009 to 2021 still needs to be reconsidered by the Competent Authority in accordance with law, in view of setting aside of OM dated January 09, 2019 to aforesaid extent. We accordingly deem it appropriate to direct the Competent Authority/respondents to take an appropriate decision in respect of the continuation of recognition in respect of petitioner Association from 2009 till 2021, in accordance with law,” it added.

In light of this, the court vacated the tribunal’s findings, thereby denying the petition to suppress the office memorandum dated January 9, 2019, in relation to the petitioner Association.

Upon dismissing the appeal, the court ordered, “The issue regarding the continuation of recognition of the petitioner Association for the period 2009-2021 be remanded to the Competent Authority for consideration in accordance with the law.”

Source: news18.com

Click Here to read / download the judgement (24 Pages) (https://www.livelaw.in/)

Confederation Odisha State CoC writes to the Addl. Director, CGHS, Odisha for streamlining the supply of indented medicine to the beneficiaries

 

No. Confdn-Odi / CGHS – 07 /2023

Dated at Bhubaneswar the 30^th May, 2023

To

             The Additional Director

CGHS, Bhubaneswar – 751 001

 

Sub:   Streamlining the supply of indented medicine to the beneficiaries - reg.

Ref.-   Ministry of Health & Family Welfare OM 55-01/2016-17/CGHS/MSD/ALC/Part1, dated 13.02.2023

 

Respected Sir,         

Encumbered with continuous complaints received from beneficiaries, especially from the pensioners / senior citizens, we are compelled to bring the following grievances to your kind notice for early solution.

a.    Short–supply of indented medicines

b.    Non–supply of indented medicines

c.    Non–indenting and non-supply of prescribed medicines by the specialist of Govt. or referral hospitals.

d.    Dishonouring the xerox copies of the Indents to supply the indented medicines

e.    Disallowing the representatives of the beneficiaries for re-indent of short / non-supplied medicines and most importantly;

f.     Compelling the beneficiaries for physical presence to re-indent.

 Drawing your kind attention in this context, we would like to request to refer MoH&FW OM referred to above (copy attached for ready reference) which states, inter alia, in case full quantity of an indented medicine has not been supplied the next day by ALC, the remaining medicines shall not be re-indented the next day, as in the absence of patient, this falsely increases patient count and ALC is spared of penalty for delayed supply. The ALC on his own shall supply the remaining medicines at the earliest and penalty for each day of delayed supply shall be levied on the ALC. As aware, the penalty has been increased for delay in supply/non-supply from the existing Rs 100/- per item per day (irrespective of number of patients for whom the delay has occurred) to Rs.100/- per item per day per patient. However, the activities of CGHS Wellness Centres in Odisha in this regard is a matter of investigation.

Further, it is quite surprising that during the age of online services and digitalization, CGHS Wellness Centres are demanding for production of hard copies of, CGHS Cards for registration and previous Indents for supply of medicines which is quite inappreciable. Further, placing of subsequent indents is not at all the fault of the beneficiary. Hence, his/her physical presence for collection of medicine through submission of hard copy(ies) may not be made mandatory. The Senior Citizens and Pensioners may be allowed to live comfortably consuming proper medicines prescribed by the Specialists of the Govt. / referral hospitals.

Under the circumstances, we would like to request you to kindly look into the following aspects immediately.

1.    Instruct the ALC suitably for full supply of the indented medicine(s) in one lot. In case of short supply, both the Wellness Centres and ALC need to follow the instructions contained in the MoH&FW OM referred to above.

2.    The Wellness Centres may be instructed not to enforce hard copies of the CGHS Card / Indents. The beneficiary number is sufficient during this digital era.

Therefore, under the facts and circumstances, I, along with my representatives may be allowed for a detailed discussion with you as per your convenience in your chamber at the earliest. Hope, there will be no problem perhaps for a cordial discussion to save the goodwill of the Wellness Centres on one hand and for the benefit of all beneficiaries including Senior Citizens and Pensioners on the other.

Awaiting your kind response, Sir.

 With regards.

Yours sincerely,

 (BRUHASPATI  SAMAL)

General Secretary

Copy for kind information and necessary action to the Medical Officer I/C, CGHS Wellness Centre – III, PMG Square, Bhubaneswar – 751 001

 (BRUHASPATI  SAMAL)

General Secretary

 

F.NO. 55-01/2016-17/CGHS/MSD/ALC/Part1
(efile 3140051)
Government of India
Ministry of Health & Family Welfare
Department of Health & Family Welfare

Nirman Bhawan, New Delhi
Dated the 13th February, 2023

OFFICE MEMORANDUM

 

Subject:          Regarding guidelines for streamlining the supply of indented medicines by Authorized Local Chemists

 

With reference to the subject matter, the following guidelines are being issued, for strict compliance by all concerned in CGHS and Authorized Local Chemists who shall be empanelled afresh w.e.f 01/04/2023 or earlier and existing ALCs who have been allowed to continue beyond 1/04/2023 due to any reason:

All ALCs are required to stamp “CGHS supply not for sale” on every medicine strip, pack, flap, bottle, tube, sachet, vial supplied to CGHS with indelible (non-erasable) ink on every medicine strip, pack, flap, bottle, tube, sachet, vial supplied to CGHS. CMOs I/C shall check the on-line indent before submission to ALC, to ensure that non-permissible items and items that are available in the Wellness Centre, are not indented. In case a medicine has been wrongly supplied by the ALC (in terms of strength, excess quantity, substandard quality, stolen and/or substitute medicine (either one condition or a combination of conditions)), it shall be returned back to the chemist by CMO I/C, with remarks in the online and physical voucher.

PBG shall be forfeited in case of any ALC exiting midway through the contract, irrespective of whether or not a notice has been given.

The penalty has been increased for delay in supply/non-supply from the existing Rs 100/- per item per day (irrespective of number of patients for whom the delay has occurred) to Rs.100/- per item per day per patient. In case full quantity of an indented medicine has not been supplied the next day by ALC, the remaining medicines shall not be re-indented the next day, as in the absence of patient, this falsely increases patient count and ALC is spared of penalty for delayed supply. The ALC on his own shall supply the remaining medicines at the earliest and penalty for each day of delayed supply shall be levied on the ALC.

Tampering the printed MRP of manufacturer by ALC by use of sticker or by any means will not be accepted and the item shall be rejected.

This issues with the approval of competent authority.

Signed by Anjana Rajkumar
Date: 13-02-2023 10:31:51
Reason: Approved

Anjana Rajkuma
Director CGHS

TO

1. AD(HQ), CGHS / Addl.DDG(HQ), CGHS
2. Additional Directors CGHS of Cities/

Copy to

1. PPS to SS&DG, CGHS, MoHFW, Nirman Bhawan, New Delhi
2. PPS to JS(CGHS), MoHFW, Nirman Bhawan, New Delhi
3. Office copy

Table of Benefits under Central Government Employees Group Insurance Scheme for the period 01.04.2023

 Source : https://doe.gov.in/order-circular/table-benefits-under-central-government-employees-group-insurance-scheme-period

SHOULD STATES REVERT TO THE OLD PENSION SCHEME?

 Courtesy: The Hindu, dated 26.05.2023

https://www.google.com/amp/s/www.thehindu.com/opinion/op-ed/should-states-revert-to-the-old-pension-scheme/article66892723.ece/amp/

Media coverage on State Level Joint Convention of Central Trade Unions and Independent Federations held in Bhubaneswar on 21.05.2023.

 

State Level Joint Convention of Central Trade Unions and Independent Federations held successfully in Budha Mandir, Bhubaneswar on 21.05.2023.

As scheduled earlier, the State Level Joint Convention of Central Trade Unions and Independent Federations held in Budha Mandir, Bhubaneswar on 21.05.2023. The Convention was inaugurated by Dr. Rama Rama Chandra Khuntia (INTUC) who read out the draft declation which was adopted unanimously by the house.

On behalf of Confederation of Central Govt. Employees and Workers, Odisha State CoC, Com. Bruhaspati Samal, General Secretary addressed the Convention and appraised the whole situation of  arbitrary derecognition to AIPEU, Gr- C and NFPE, the majir constituent of Confederation and the biggest Federation of the largest postal network in the world.

 On his appeal to the house, a unanimous resolution, inter alia (out of 6 in toto) was adopted to be submitted to Govt. of India demanding restoration of recognition to NFPE and AIPEU, Gr-C. 

As many as 9 CTUs (except BMS)  and 7 Independent Federation  viz; INTUC, AITUC, HMS, CITU, AIUTUC,  AICCTU,  TUCC, LOF, SEWA, CCGEW, NFPE, AIIEA, AIBEA, BEFI, AISGEF, AIDEF, GICEA etc. had attended the Convention with their representatives.

On behalf of NFPE, a five-member team leaded by Com. Dipti Ranjan Mohanty, Asst. Circle Secretary, NFPE P- III ,Odisha had attended along with Com. MCS Rao, Circle Secretary, NFPE P-IV Odisha, Sanjay Ku. Behera, Divisional Secretary, NFPE P-IV, Bhubaneswar, Purna Chandra Moharana, NFPE P-III and Manoranjan Panda, NFPE P-III. 

Com. Rabi Narayan Mishra, General Secretary, AIDEF, Odisha, a constituent of Confederation also addressed.

The meeting was jointly presided by the presidents of all CTUs.

କେନ୍ଦ୍ରୀୟ ଶ୍ରମିକ ସଂଗଠନ ଓ ସ୍ୱାଧୀନ ମହାସଂଘମାନଙ୍କର ୨୧ ମେଁ ୨୦୨୩ରେ ଭୁବନେଶ୍ୱରରେ ହେବାକୁ ଥିବା ରାଜ୍ୟସ୍ତରୀୟ ସମ୍ମିଳନୀର ଚିଠା ଘୋଷଣା ପତ୍ର

 

Report on 27th National Conference of Confederation held in Thiruvanathapuram on 12th & 13th May 2023

 

Holding of Mashaal Juloos (Torch / Mobile Light Procession) on 21.05.2023 involving spouses and family members

 

Reimbursement of CSII under CGHS / CS (MA) Rules, 1944

 

Press Meet of CTUs and Independent Federations to hold a joint state level convention on 21.05.2023 in Bhudha Mandir, Bhubaneswar

 

NATIONAL SEMINAR ON " NEO- LIBERAL POLICY & IT'S IMPACT ON CENTRAL SERVICE/ PUBLIC SECTOR." 12th MAY-2023

Com Thomas Issac , former Finance Minister to Left Front Govt of Kerala is inaugurating the Seminar on " Neo- liberal Policy & It's Impact on Central Service/ Public Sector."

Com. R N Parashar, Secretary General Confederation addressing the Seminar

Com Janardhan Majumdar addressed the meeting of National conference of Confederation at Trivandrum

Com. P U Khadse General Secretary, R3 and President, NFPE is delivering his speech in Conference of Confederation.

 

Com R P Sarang, Deputy SG, NFPE is delivering his speech in Conference of Confederation.

Com R B Suresh, Vice President, NFPE and also General Secretary, CoC, Tamilnadu is delivering his speech in Conference of Confederation.

Com P Rema, Vice Chairman, Women Sub Committee under Confederation while delivering her speech in Conference of Confederation.