Saturday, October 26, 2013

7th CPC: Feedback of the meeting with Secretary, DoPT - By AIRF

7th CPC: Feedback of the meeting with Secretary, DoPT - By AIRF

A.I.R.F.
All India Railwaymen's Federation
No.AIRF/405(VII CPC)

Dated: October 24, 2013

The General Secretaries,
All Affiliated Unions,

Dear Comrades,

Sub: Feedback of the meeting held today with Secretary, DoP&T on Terms of Reference of VII CPC

On the invitation of Secretary, DoP&T, today we met him at North Block, being led by Com. Umraomal Purohit, Secretary(Staff Side), National Council(JCM), where Jt. Secretary(Estt.), Ms Mamta Kundra was present along with the Director(JCA), Shri Ashok Kumar.

Corn. Purohit explained in detail about the background of the past Pay Commissions as he has been associated with the JCM as Secretary(Staff Side) since 1977. He said that the VI CPC though had many favourable recommendations, but it has also created many anomalies, particularly because of introduction of Pay Band and Grade Pay. Corn. Purohit further said that he had expected some draft on the Terms of Reference of the Seventh Central Pay Commission from the Official Side, it would facilitate better appreciation to react.

It was also explained that the VI CPC has been based on Secretarial Structure, and there no appreciation for professional and operational needs, faced by the departments, like Indian Railways, Defence production etc. Therefore, it was demanded that some professional experts should be used to appreciate the problems of the Railwaymen and others.

Nivas also demanded that, to have a true representative character, a labour representative should be included as member in the Commission.

Besides the undersigned, Com. Rakhal Das Gupta, Working President/AIRF and Corn. JR.Bhosale, Treasurer/AIRF, were present on the occasion.

The Staff Side also raised the following issues:-

  •     Secretarial Structure - Pay Structure - Hierarchy of Industrial employees
  •     GP 5400 and other facilities
  •     Allowances
  •     Provision should be made to appreciate problems of the Railways and other departments
  •     Problems of the Gramin Dak Sevaks of the Postal Department
  •     Cadre Restructuring in Defence Production
  •     Parity between pre and post retirees
  •     Removal of the anomalies
  •     MACPS - GP Rs.2000, Stepping up of pay
  •     Court cases in the matter of MACP
  •     Pay fixation of the Promotees Vs Direct Recruits
  •     Loco Pilots and other categories
Comradely yours,
sd/-
(Shiva Gopal Mishra)

Source: AIRF

Seventh Pay Commission: Terms of Reference finalised by AIRF & NFIR

Seventh Pay Commission: Terms of Reference finalised by AIRF & NFIR

DRAFT TERMS OF REFERENCE 7th CPC
Finalized by the Staff Side at the meeting of 25.10.2013
A. To examine the existing structure of pay, allowances and other benefits/facilities, retirement benefits like Pension, Gratuity, other terminal benefits etc. to the following categories of employees.

  1.    Central Government employees - industrial and non industrial;
  2.    Personnel belonging to All India services;
  3.    Personnel belonging to the Defence Forces;
  4.    Personnel called ss Grameen Dak Sewalrs belonging to the Postal Department;
  5.    Personnel of Union Territories;
  6.    Officers and employees of the Indian Audit and Accounts Department;
  7.    Officers and employees of the Supreme Court;
  8.    Members of Regulatory bodies (excluding RBI) set up under Act of Parliament.

B. To work out the comprehensive revised pay packet for the categories of Central Government Employees mentioned (A) above as on 1.1.2014.

C. The Commission will determine the pay structure, benefits facilities, retirement benefits etc. taking into account the need to provide minimum wage with reference to the recommendation of the 15th Indian Labour Conference (1957) and the subsequent judicial pronouncement of the honorable Supreme Court there-on, as on 1.1.2014.

D. To determine the Interim Relief needed to be sanctioned immediately to the Central Government employees and Pensioners mentioned in (A) above;

E. To determine the percentage of Dearness allowance/Dearness Relief immediately to be merged with Pay and pension

F. To settle the anomalies raised in various fora of JCM.

G. To work out the improvements needed to the existing retirement benefits, like pension; death cum retirement gratuity, family pension and other terminal or recurring benefits maintaining parity amongst past, present and future pensioners and family pensioners including those who entered service on or after 1.1.2004.

H. To recommend methods for providing cashless/hassle-free Medicare facilities to the employees and Pensioners including Postal pensioners.
***
AIRF forwarding letter Feedback of the meeting with Secretary, DoPT - By AIRF
NFIR letter regarding forwarding above Draft Terms of Reference:-


NFIR
National Federation of Indian Railwaymen
No. IV/NFIR/7th CPC/2013/Pt.I
Dated: 26/10/2013
The General Secretaries of
Affiliated Unions of NFIR

Dear Brother,

Sub: Setting up of 7th Central Pay Commission - reg.

The draft, terms of reference finalized by JCM Staff Side on enclose for information.
Affiliates may convey their views immediately.

DA/As above

(M.Raghavaiah)
General Secretary

Upgradation of Grade Pay of LDC & UDC in the Administrative Branch of Government of India Offices: Confederation letter to Govt

Upgradation of Grade Pay of LDC & UDC in the Administrative Branch of Government of India Offices: Confederation letter to Govt
CONFEDERATION WRITES TO GOVERNMENT ON LDC- UDC PAY SCALE  ANOMALY

CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi - 110001
Website : www.confederationhq.blogspot.com
Email : confederation06@yahoo.in

Patron S.K.Vyas 09868244035 
President K.K.N.Kutty 0981148303
Secretary General M.Krishnan 09447068125

Ref: Confdn/LDC-UDC/2013
Dated : 25.10.2013
To
The Secretary,
Department of Expenditure,
Ministry of Finance,
North Block, New Delhi-110001

Sub: Upgradation of Grade Pay of LDC & UDC in the Administrative Branch of Government of India Offices.

Sir,
This is in reference to the letter dated 14/10/2013 sent to you, on the above subject, by the All India Association of Administrative Staff, Ministry of Statistics & Programme Implementation, Government of India (Copy enclosed).

As you are aware, the implementation of the 6th anomalies. The LDC UDC issue is among the most genuine anomalies for which an agenda had been submitted on behalf of this Federation in the National Anomaly Committee (NAC). So far four meetings of the NAC have been held but had not been able to settle the issue and the 5 meeting wherein several genuine anomaly cases including the LDC-UDC issue have to be discussed and decided has not been convened so far despite of repeated requests of the staff side. In this respect, it is worth to mention here that CS-II section of the DoPT had identified the LDC/UDC issue as anomaly which is the subject matter of JCA section and sent the case to JCA vide DoPT I.D. No.25/2/2013-CS.II (B) Dated 13.08/2013 for action. But it is surprised to note that the case in original has been returned to the All India Association of Administrative Staff by the CS-II section vide letter No 25/2/20134-CS II (B) dated 19/09/2013 with a direction to take up the case directly with the Ministry of Finance, Department of Expenditure. And the reason behind the returning of the case to DoPT without considering to put up it in the NAC by the JCA is not recorded.

It is further to state that 6th get selected to the post of LDC but denied an appropriate pay structure in accordance with the increased qualification. On the other hand, the educational & technical qualifications prescribed for DEO & LDC are the same but the DEO has been granted Rs. 2400 grade pay whereas the Grade pay of LDC is Rs. 1900 only. Moreover, 6th to MTS as a result the gap between the MTS and LDC narrow down to Rs. 100/.

As regards the duties and responsibilities assigned to the LDC & UDC in the subordinate offices are concerned, it is altogether different than the duties and responsibilities for the posts prescribed in the DoPT manual or assigned to these posts in the offices of Central Secretariat. While comparing the duties of DEO & LDC the DEO has only to make entry the readymade data given to them whereas the LDCs have to create data/draft letters and then to type on computer, putting up the matter through file note with justification with the support of rules and procedure. Thus LDC does more work in qualitatively and quantitative terms with less grade pay than that of the DEO. Besides, many cadres with less or equal qualification have been recommended higher pay by the 6th the Government has implemented the same.

Since the duties of the LDC & UDC in the various State Government also assigned in line of these subordinate offices and considering the volume and quality of duties assigned to them several of the State Governments who have implemented the 6th increased the pay structure/grade pay of the LDC & UDC.

From the above it is evident that the LDCs & UDCs deserve higher grade pay than the present one, commensurate with the qualifications and assignments attached to these posts. DoPT has identified the LDC & UDC issue related to anomaly and asked to take up the case with your office. It is requsted that as tens of thousands of LDC, UDC are eagerly waiting for a favourable decision from Govt, the case may be considered in a sympathetic and judicious manner so that a decision for revising the grade pay of LDC to Rs. 2400/ and that of UDC to Rs. 2800/ may please be taken.

A favourable decision in this regard is requested please.
Yours faithfully,

(M. Krishnan)
Secretary General
Copy to: -
Com. T.K. R. Pillai

Source: www.confederationhq.blogspot.in
[http://confederationhq.blogspot.in/2013/10/confederation-writes-to-government-on.html]

Minutes of DoPT Meeting by INDWF: 7th CPC Appointment, GP 4600 to MCM under 3rd MACP, 30 Days EL iro Piece Worker, Ex-gratia on Death

Minutes of DoPT Meeting by INDWF: 7th CPC Appointment, GP 4600 to MCM under 3rd MACP, 30 Days EL iro Piece Worker, Ex-gratia on Death

INDIAN NATIONAL DEFENCE WORKERS FEDERATION

Minutes of Meeting with Secretary DOP&T held on 24.10.2013 at New Delhi

INDWF/Circular/015/2013
Date: 25.10.2013
To
All Affiliated Unions of INDWF

Indian National Defence Workers Federation continuously representing in various forums and also raised before Hon’ble Defence Minister on the pending issues of Defence Civilian employees.  Now on the following issues, decisions were taken by Ministry of Defence which are as follows.

1. GRANTING OF 3rd MACP UNDER FINANCIAL UPGRADATION TO MCM AND CHARGEMAN

Master craftsman pay was upgraded to Rs.4200/- Grade Pay w.e.f. 01.01.2006 and was clarified by PC of A (Fys) that it was not considered as promotion and accordingly all these MCMs and re-designated Chargeman(T) were granted 3rd MACP on completion of 30 years of service to Rs.4600/-.  Subsequently DOP&T vide their letter dated 13.07.2012 and M of D vide their letter dated 23.07.2013 clarified that their upgradation was treated as promotion thereby denied the MACP – III and conveyed by PC of A (Fys), Kolkatta to recover the payment paid excess from Rs.4200/- to Rs.4600/- Grade Pay. This was strongly protested and represented by Indian National Defence Workers Federation to DOP&T, M of D and OFB to review the decision and grant Rs.4600/- Grade Pay.   The reduction of Grade Pay and recovery was stopped awaiting for the decision from DOP&T.  The recovery was stopped including the reversion from Rs.4600/- Grade Pay to Rs.4200/- Grade Pay in respect of serving employees.

Now, due to our efforts, DOP&T sent back the file to M of D on 14.10.2013 stating that if the MCM is not the feeder grade to Chargeman for promotion as per the existing Recruitment Rules, it may be confirmed and if so the employees completed 30 years can be considered for granting 3rd MACP to Rs.4600/-.  Now M of D had made out the proposal in conformity with SRO that MCM is not the feeder grade to Chargeman and only HS I is the feeder grade and the file was sent to M of D (Finance) for their acceptance and after obtaining clearance from M of D (Defence Finance), formal order will be issued by DOP&T revising its order dt 13.07.2013 and then all the MCMs granted Rs.4600/- under 3rd MACP will be allowed is continue.

This is a major achievement for Indian National Defence Workers Federation in succeeding to get this issue resolved with going to Court.  This will benefit existing employees and the retired employees who got the benefit of 3rd MACP Rs.4600/-.

2. ENTITLEMENT OF 30 DAYS EL IRRESPECTIVE OF OPTION IN RESPECT OF PIECE WORKERS OF ORDNANCE FACTORIES

Piece Workers are denied 30 days EL and were granted only 18 days in a year whereas 30 days EL was granted to all Industrial Employees in defence vide the agreement reached between Government of India and Staff side National Council JCM reached signed on 11.09.1997.   Since, the Piece workers have opted leave under Factories Act, 1948, they are denied the benefit of 30 days.

The issue was discussed at JCM III, II and with DOP&T by Indian National Defence Workers Federation and a proposal was sent to DOP&T through M of D, that one set of Leave Rules (Departmental Leave Rules) is acceptable for all employees and therefore, the Leave Rules under Factories Act, 1948 is to be ignored and the benefit of Leave Rules under Departmental Leave rules be granted to all Industrial Employees in Ordnance Factories.

The above proposal was agreed by M of D, Department of Defence Production to DOP&T and the same was agreed.  Accordingly, Department of Defence Production D(Estt/NG) vide their letter No. I.D.No.8/IR/08/D(Fy-II) dt 25.09.2013/04.10.2013 issued clarification to Ordnance Factory board that all  the employees are now eligible as per the agreement and as per clarification issued by Ministry of Labour for 30 days.  OFB with the approval of PC of A (Fys), Kolkatta is issuing instructions to all Ordnance Factories within 3 days granting 30 days EL which Indian National Defence Workers Federation demanded that the benefit to be granted with retrospective effect i.e. from the date of granting 30 days EL (11.09.1997 agreement).

This is an important achievement of Indian National Defence Workers Federation by which thousands of retired employees will get the benefit of 12 days in a year for encashment.  This may be communicated to the retired employees also.

3. GRANT OF EX-GRATIA LUMPSUM COMPENSATION TO THE FAMILY MEMBERS OF THE DECEASED EMPLOYEES OF ORDNANCE FACTORY ORGANISATION IN CASE OF DEATH A DUE TO ACCIDENTS WHILE ON DUTY.

All Civilian employees of Government of India are entitled for grant of Ex-gratia lump-sum compensation for an amount of Rs.10,00,000/- as per the provisions contained in Para 07 of DOP & W OM No.45/55/97-P & PW(C) dt 11.09.1998 read with para 11 of DOP & PW OM No.38/37/08-P & PW(A) dated 02.09.2008.  There are many employees expired due to accidents in Ordnance Factories has been seriously represented by Indian National Defence Workers Federation President     Shri Ashok Singh also written number of letters to Hon’ble Defence Minister to grant the Ex-gratia Rs.10 lakhs to the affected families though they have been provided employment assistance out of turn.

Now we are pleased to inform that Ministry of Defence, Department of Defence Production vide their letter no.444/IE/05/D/(Fy-II) dt 18.10.2013 issued sanction to Ordnance Factory Board for 30 cases with a total amount of Rs.3 Crores for disbursement immediately to the families of deceased employees.  This will be in respect of Ordnance Factory Bhandara, Cordite Factory Aruvankadu, Ammunition Factory Khadki, Ordnance Factory Khamaria, Ordnance Factory Itarsi and other factories where accidents have taken place.  This is a great achievement.

4.  APPOINTMENT OF 7th PAY COMMISSION

On the approach of INTUC, UPA Government agreed to appoint 7th Pay Commission and will be effective from 01.01.2016.  Government invited the Federations (National Council Standing Committee members) for discussing the Terms of reference for the 7th Central Pay commission.  A meeting was held under the Chairmanship of Secretary, DOP& T on 24.10.2013 at 1500 Hrs at North Block on behalf of Staff side we have proposed the following:
a)  Government of India should come out with their proposal on Terms of Reference and then Staff side will give their proposal.
b)  All anomalies pending including MACP to be settled.
c)  One Labour leader to be included in the commission.
d)  All pending cadre Review proposals should be delinked from 7th CPC.

After consulting the Ministry of Finance, the proposal of Draft will be given to us for discussion.

Yours Sincerely,
(R.SRINIVASAN)
General Secretary.
Source: www.indwf.blogspot.in
[http://indwf.blogspot.in/2013/10/minutes-of-meeting-with-secretary-dop.html

Postal: Department issued orders bonus to GDS employees as per with departmental and DA for per-revised 6th CPC to CG and autonomous bodies

Postal: Department issued orders bonus to GDS employees as per with departmental and DA for per-revised 6th CPC to CG and autonomous bodies

F.NO. 26-06/2011-PAP-KW
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS AND I.T.
DEPARTMENT OF POSTS
[ESTABLISHMENT DIVISION]
DAK BHAWAN, SANSAD MARG, NEW DELHI-110001.

15th OCTOBER, 2013

OFFICE MEMORANDUM

SUBJECT: Enhancement of ceiling for calculation of ex-gratia Bonus payable to Gramin Dak Sevaks from Rs. 2500/- to Rs. 3500/- REG.

The undersigned is directed to convey the approval of the Competant Authority to enhance the ceiling for calculation of ex-gratia bonus payable to the Gramin Dak Sevaks, from Rs. 2500/- (Rs. Two Thousand, Five Hundred only) per month to Rs. 3500/- (Rupees Three Thousand five hundred only) per month. The decision is applicable with prospective effect i.e. from the accounting year: 2012-13 payable in the year 2013.14. The enhanced bonus calculation ceiling for the Gramin Dak Sevaks has already been indicated in the orders No. 26-4/2013-PAP Dated 4.10.2013, issued for payment of ex-gratia bonus during the financial year: 2013-14.

(SHANKAR PRASAD)
ASSTT.DIRECTOR GENERAL(ESTABLISHMENT)
Tele: 011-23036268

Postal: General Secretary Meet and appealed all the NJCM top leaders for their support for inclusion of GDS in 7th CPC

Postal: General Secretary Meet and appealed all the NJCM top leaders for their support for inclusion of GDS in 7th CPC

ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION
(Central Head Quarter)
First Floor, Post Office Building, Padamnagar, Delhi 110007

President                 :     D.N. Giri
General Secretary   :     S.S. Mahadevaiah

GDS/CHQ/1/10/2013                                       
Dated: 23.10.2013
To

Com. Umraomal Purohit,
Secretary (Staff Side), JCM,
National Council of the JCM,
13-C, Ferozesha Road,
New Delhi-110001.

Com. Shiv Gopal Mishra,
General Secretary,
All India Railwaymen’s Federation,
4, State Entry Road,
Near New Delhi Railway Station,
New Delhi-110055.

Com. M. Raghavaiah,
General Secretary,
National Federation Indian Railwaymen,
4, Chemsford Road,
New Delhi.

Com. C. Sreekumar,
General Secretary, AIDEF,
No.2, Valluvar Street,
Rani Annanagar,
Arumbakkam (PO)
Chennai-600106.

Dear Comrade,

          The Govt. of India have always kept Gramin Dak Sevaks (GDS) of the Postal Department numbering more than 3 lakhs outside the purview of the Pay Commission. It is a deliberate attempt to deprive them of their rights. This has been the policy all along. The Govt. have been confusing the issue of legal status of GDS as Govt. servants and taking negative stand. After sustained agitation by GDS, a Committee headed by justice Talwar was constituted by the Govt. The Committee came to the conclusion that GDS are Central Govt. employees and Recommended accordingly. This was also earlier the view of the First and Fourth Pay Commissions. In fact first CPC considered their claims & made recommendations accordingly. Disregarding bureaucratic attempts at confusing the legal status of GDS, both these commissions refused to toe the official line and took an independent view that GDS are Central Govt. employees. The following points need specific attention.

The GDS have always been counted & treated as part & parcel of total Postal workforce. In fact they are more than 55% of the total postal workforce and are running more than 80% post offices in the country, whereas regular Postal employees are only 45%. Justice Talwar committee was firmly of the view Commission. The most important recommendation which Justice Talwar Committee made was that in future these employees should be included within the purview of the Pay Commissions, keeping in view their number, their work profile, effectiveness to the postal system and the services rendered to the public.

Attention is also invited to the landmark judgement of the Hon’ble Supreme Court in Gokulananda Dass case decided on 22.4.77 wherein it has categorically been held that GDS are holders of civil post under the union which means they are Central Govt. employees. Recently Central Administrative Tribunal Bench in Tamilnadu and Chandigarh have also held that GDS are Central Govt. employees.

The Gramin Dak Sevaks of the Postal Deptt. have made representation to the Govt. that their claims regarding revision of their pay scales and service conditions may be included in the Terms of Reference of Seventh Pay Commission and Commission may be asked to make recommendations as in the case of other Central Govt. employees. We are soliciting your kind support to our Demand with the request that you may kindly raise our demand when Govt. invites you for discussion to finalise Terms of Reference.

With greetings,
                                                                                          Yours comradely,
                                                                                             
(S.S. Mahadevaiah)
 General Secretary

Subsistence Allowance during Suspension - for information

Subsistence Allowance during Suspension - for information
THE ALL INDIA SERVICES(DISCIPLINE AND APPEAL) RULES, 1969

4. Subsistence allowance during suspension.
4(1) A member of the Service under suspension or deemed to have been placed under suspension by the Government concerned shall be entitled to receive from that Government:-
4(1)(a) a subsistence allowance at an amount equal to the leave salary which a member of the Service would have drawn if he had been on leave on half-average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary; Provided that where the period of suspension exceed three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:

(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if, in the opinion of the said authority, the period of suspensions has been prolonged for reasons, to be recorded in writing, not directly attributable to the member of the Service;

(ii) the amount of the subsistence allowance may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing directly attributable to a member of the Service;

(iii) the rate of the dearness allowance will be based on the increased or, as the case may be, the reduced amount of subsistence allowance admissible under sub-clause (i) or sub-clause (ii) above.

4(1)(b) any other compensatory allowance admissible from time to time on the basis of pay of which a member of the Service was in receipt on the date of suspension, subject to the fulfillment of other conditions laid down for the drawal of such allowance.
4(2) No member of the Service shall be entitled to receive payment under sub-rule (1) unless he furnished a certificate that he is not engaged in any other employment, business, profession or vocation.
4(3) The authority to grant subsistence allowance shall be the suspending authority.
Government of India's Decisions

(1) The Government of India have decided that:
(1) The Government of India have decided that:

(i) the amount of subsistence allowance once granted should be varied by the suspending authority under the first proviso to this rule only after recording in writing the reasons for increasing or decreasing the amount;
(ii) a member shall not be entitled to compensatory allowance of which he was in receipt prior to suspension unless the suspending authority is satisfied that he continues to meet the expenditure for which they were granted.

[G.I., M.H.A. Letter No. 13/7/58-AIS (III), dated 18th October, 1958, read with No. 7/20/59-AIS (II), dated the 17th November, 1959]

(2) The Government of India have decided that the following deductions should be enforced from subsistence allowance:-

(i) Income tax and super tax (provided the member's annual income calculated with reference to subsistence allowance is taxable).
(ii) House rent and allied charges i.e. electricity, water furniture etc.
(iii) Repayment of loans and advances taken from Government at such rates as the competent authority deems it right to fix.

(2.2) The following deductions should not be made except with a member's written consent letter-

(a) Premia due on Postal Life Assurance Policies.
(b) Amounts due to Co-operative Stores and Co-operative Credit Societies.
(c) Refund of Advances taken from General Provident Fund.

(2.3) The following deductions should not be made from subsistence allowances:-

(i) Subscription to the All India Services Provident Fund.
(ii) Amounts due on Court attachments.
(iii) Recovery of loss to Government for which a member is responsible.

(2.4) There is no bar to the recovery of overpayments from subsistence allowance but the competent authority will exercise discretion in deciding whether recovery should be held wholly in abeyance during the period of suspension or it should be effected at full or reduced rate depending on the circumstances of each case.
[G.I., M.H.A. letter No. 7/18/59-AIS (II), dated 21st October, 1959]

(3) A question having arisen, it was decided that an officer (under suspension) is entitled to receive subsistence allowance at the rate equal to leave salary which he would have drawn while on leave on half average pay or half pay as the case may be, for the first twelve months. If after the expiry of that period, the competent authority does not find it necessary to increase or decrease the amount, the officer (under suspension) will continue to receive the same amount of subsistence allowance and it is not necessary to issue fresh orders in this regard.
[G.I., M.H.A. letter No. 7/8/62-AIS (III), dated 5th May, 1962]

Source: http://indiangovernmentnews.blogspot.in

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