Friday, January 31, 2014

Expected AICPIN for December 2013 – Expected DA Jan 2014

Expected AICPIN for December 2013 – Expected DA Jan 2014

 ‘Expected DA from Jan 2014′ will be an end and the last and final calculation is waiting for CPI(IW) December 2013. Consumer Price Index(IW) for the month of December 2013 will be announced today or tomorrow by the Labour Bureau.

All we know that AICPIN is the magic number for the calculation of Dearness allowance. Especially, this is the last factor to decided for the purpose of additional Dearness allowance to Central Government Employees and Pensioners from January 2014.

CPI(IW) Base Year 2001=100, if possible the index move from the existing level of 243 to 246 then the additional DA from Jan 2014 will be fixed at 11%. But, the chances are very less.

The All-India Consumer Price Index Numbers for Agricultural Labourers and Rural Labourers alos decreased by 12 points for the month of December 2013. Anyhow, certainly the additional Dearness allowance will be fixed at the level of 10%. So, the total Dearness allowance will become as 100%.

Finally the DA hits century..!

Source: www.7thpaycommissionnews.in
[http://7thpaycommissionnews.in/expected-aicpin-for-december-2013-expected-da-jan-2014/]

Central Dearness Allowance for Jan'14 and Bank D.A. from Feb'14 will be known today (31.01.2014)

Central Dearness Allowance for Jan'14 and Bank D.A. from Feb'14 will be known today (31.01.2014)

With the scheduled release of AICPIN No. for December 2013 by Labour Bureau, the actual increase in Dearness Allowance for Central Govt. employees from 01.01.2014 and Bank employees from Feb to April 2014 can be calculated today. Usually the data is released in the evening. It is anticipated earlier that Central employees are going to get 10% increase and Bank employees to get 34 slabs hike in D.A.

As the central D.A. pattern is followed by most of the state Govt.s , everybody is waiting to know the final calculation.

Source: www.paycommissionupdate.blogspot.in
[http://paycommissionupdate.blogspot.in/2014/01/central-da-for-jan14-and-bank-da-from.html]

Number of vacancies in the Central Government Services

Number of vacancies in the Central Government Services
Group-wise estimated number of vacant posts of regular Central Government Civilian Employees as on 01.03.2012 is as follows:-

Group - Number of Vacant posts

A - 12909
B(Gazetted) - 10116
B(Non-Gazetted) - 30977
C(Non Gazetted) - 546011
Total - 600013

# Erstwhile Group D posts has been categorized as Group D posts have been categorized as Group C after implementation of 6th CPC.

Details of Govt reply thereon:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA


UNSTARRED QUESTION NO 1002
ANSWERED ON 11.12.2013
VACANCIES IN CENTRAL GOVERNMENT SERVICES

1002 . Shri ANIRUDHAN SAMPATH/ RAM CHANDRA DOME/
VILAS BABURAO MUTTEMWAR /ASHOK KUMAR RAWAT / M. B. RAJESH

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether a huge number of vacancies of various posts are lying unfilled in the Central Government Services;
(b) if so, the details thereof, category-wise;
(c) whether the Government has taken any decision to reduce certain percentage of posts annually;
(d) if so, the details thereof;
(e) whether the Government has issued any guidelines not to revive posts lying vacant for a specific period;
(f) if so, the details thereof; and
(g) the measures taken by the Government to fill up vacant posts in the Central Government Services in a time bound manner for various categories?


ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a) & (b): Group-wise estimated number of vacant posts of regular Central Government Civilian Employees as on 01.03.2012 is as follows:-

Group - Number of Vacant posts

A - 12909
B(Gazetted) - 10116
B(Non-Gazetted) - 30977
C(Non Gazetted) - 546011
Total - 600013

# Erstwhile Group D posts has been categorized as Group D posts have been categorized as Group C after implementation of 6th CPC.

(c) & (d): No such decision has been taken by the Government to reduce certain percentage of posts annually.

(e) & (f): As per the Office Memorandum issued by the Ministry of Finance (Department of Expenditure) on 18.09.2013 on ‘Expenditure Management – Economy measures and rationalization of Expenditure’, posts that have remained vacant for more than a year are not to be revived except under very rare and unavoidable circumstances and after seeking clearance of Department of Expenditure.

(g): Individual Ministries/Departments have to take necessary action to fill up vacant posts in their Departments.

Source: LOK SABHA Q&A
via: karnmk.blogspot.in

Thursday, January 30, 2014

Merger of Dearness Allowance with Pay - AIRF writes to Finance Ministry

Merger of Dearness Allowance with Pay - AIRF writes to Finance Ministry

All India Railwaymen’s Federation
(Estd. 1924)
4, State Entry Road,
New Delhi-110055
INDIA
No.AIRF/13
Dated: January 9, 2014
The Secretary(Exp.),
Ministry of Finance,
(Government of India)
North Block,
New Delhi

Dear Sir,
Reg.: Merger of Dearness Allowance with Pay

On the persistent forceful demand of the Central Government employees, including Railwaymen, successive Central Pay Commissions were appointed by the Government of India with a view to improve upon wage structure and to grant parity with other employees of the Public Sector Undertakings in the wake of market inflation and price hike of essential commodities. These Pay Commissions, while recommending revised pay structure have also recommended grant of Dearness Allowance on the basis of increase in the Price Index.

The very purpose of compensating the pay with payment of Dearness Allowance is being defeated because of unbridled inflationary pressure on the economy and the consequent steep rise in the price of essential commodities.This has resulted in erosion of the value of the wage, remarkably beyond tolerable limit, as a consequence of which, payment of Dearness Allowance has failed to compensate devaluation of pay.

While Dearness Allowance was merged with the pay on crossing the percentage beyond 50% during VCPC as the actual value of wage devaluated because of market hike to compensate eroded value of the wages besides payment of Dearness Allowance, but this time Dearness Allowance, which has already gone beyond 80% w.e.f. 1st July, 2013, is yet to be merged with the pay.

It would, therefore, be quite appropriate and in the fitness of the thing that Dearness Allowance is merged with the pay for all purposes to compensate the erosion in the wage in the wake of market inflation and steep price hike of essential commodities which are posing serious constraints in the livelihood of the Govern employees in general and the low-paid employees in particular.
Yours faithfully,
sd/-
(Shiva Gopal Mishra)
General Secretary
Source: AIRF
via: 90paisa.blogspot.in

Cabinet approval on uniformity of tenure, retirement age, re-appointment, pension,salary and allowances etc. for chairpersons/members of Tribunals and other quasi-judicial bodies

Cabinet approval on uniformity of tenure, retirement age, re-appointment, pension,salary and allowances etc. for chairpersons/members of Tribunals and other quasi-judicial bodies

Press Information Bureau
Government of India
Cabinet
30-January-2014 16:10 IST
Uniform terms of appointment and conditions of service of chairpersons/members of tribunals/quasi-judicial bodies
The Union Cabinet today gave its approval on the recommendations of the Group of Ministers (GoM) on uniformity of tenure, retirement age, re-appointment, pension, salary and allowances including medical facilities, leave and travelling allowances for chairpersons/members of Tribunals and other quasi-judicial bodies set up for through central legislations.
The recommendations of the GoM, as accepted by the Cabinet, will have prospective effect through an overarching legislation.

Background:
In order to expedite delivery of justice and make available domain expertise in adjudication, the Government has set up various Tribunals under Central Acts, The terms of appointment and conditions of service of chairpersons and members of these Tribunals are different in many cases. The Government, constituted a GOM aimed at providing uniformity across all Central Tribunals. The Supreme Court has also observed the need for such uniformity.

Source: PIB
via: karnmk.blogspot.in

DoPT's instructions for strict compliance regarding age relaxation for appointment of widows, divorced woman and woman judicially separated from their husbands

DoPT's instructions for strict compliance regarding age relaxation for appointment of widows, divorced woman and woman judicially separated from their husbands

 No.41034/1/2014-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi - 110001
Dated-30.01.2014
OFFICE MEMORANDUM
Subject:- Action Taken on 62nd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on the Status of Women Government Employees, Service Conditions, Protection against exploitation, Incentives and other related issues -regarding.

The undersigned is directed to refer to Para 20.1 and Para 20.2 of the 62nd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice wherein, the Committee has drawn attention to extant instructions of the Government on age relaxation for appointment of widows, divorced woman and woman judicially separated from their husbands and who were not remarried allowing age concession up to the age of 35 years (40 years for member of SCs/STs) for the post of Group 'C'and erstwhile Group 'D' filled through SSC/Employment Exchange and has directed scrupulous compliance of these instructions by all administrative authorities.

2. The Department of Personnel and Training's O.M. No. 15012/13/79- Estt.(D) dated 19.1.1980 provides that for purposes of appointment to Group C and D posts under the Central Govt. filled through the SSC and the Employment Exchange, the upper age limit in the case of widows, divorced women and women judicially separated from their husbands who are not remarried shall be relaxed upto the age of 35 years (upto 40 years for members of Scheduled Castes/Schedules Tribes) by invoking the provisions in the relevant recruitment rules, subject to production of a certified copy of the judgement/decree of the appropriate court to prove the fact of divorce or the judicial separation, as the case may be (provided through DoP&T O.M. No. 15012/1/82-Estt.(D) dated 06.09.1983) . Further, this relaxation has been extended to Group 'A' & 'B' posts except where recruitment is made through open competitive examination vide DoP&T O.M. No. 15012/1/87-Estt.(D) dated 05.10.1990.


3. All Ministries/Departments are requested to bring these instructions to the notice of all concerned including attached and subordinate offices for strict compliance.

sd/-
(Arunoday Goswami)
Under Secretary to the Govt. of lndia
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/41034_1_2014-Estt_D.pdf]

Re-designation of the post of Deputy Secretary held by an officer appointed under the Central Staffing Scheme as Director as a measure personal to him

Re-designation of the post of Deputy Secretary held by an officer appointed under the Central Staffing Scheme as Director as a measure personal to him- Reg

F.No.5/3/2008-EO(MM-I)
Government of India
Department of Personnel and Training
(Office of the Establishment Officer)
North Block,
New Delhi 22nd January, 2014
OFFICE MEMORANDUM

Sub:- Re-designation of the post of Deputy Secretary held by an officer appointed under the Central Staffing Scheme as Director as a measure personal to him — reg.

As per instructions contained in O.M. No. 31/5/2002-EO(MM-l) dated 28th February, 2002, an All India/Group ‘A’ Service Officer holding the post of Deputy Secretary could be appointed as Director by re-designating the post of Deputy Secretary held by him/her if he/she has completed 14 years of service and has got Non-Functional Selection Grade in his/her parent cadre. If such an officer has completed 14 .years of service but has not got Non-Functional Selection Grade, he/she could be appointed as Director only if a sanctioned vacant post of Director was available, and the basic pay of the officer was Rs. 13,125/- (pre-revised).

2. It may be noted that under the Central Staffing Scheme, the posts of Deputy Secretary and Director are interchangeable. Therefore, the requirement for a vacant post of Director being available in the Ministry before such re-designation is no longer applicable

3. In view of the above, it is being clarified that officers of All India Services/Group ‘A’ Services appointed under the Central Staffing Scheme and holding the post of Deputy Secretary, who have not yet got NFSG in their cadres, could be appointed as Director by re-designating the post of Deputy Secretary held by him/her if he/she has completed 14 years of service without insisting on the condition that there should be a clear vacancy of Director available. This re-designation would be subject to the condition that

(i) The promotion of the officer to NFSG has not been specifically denied.
(ii) The officer should have earned at least 3 increments in a post in Pay Band-3 carrying Grade Pay of Rs. 7600/-.

4. Where an officer holding the post of Deputy Secretary under the Central Staffing Scheme has completed 14 years of service and has been granted NIFSG in his cadre, his post may be re-designated as Director. .

5. All proposals for such re-designation may be forwarded to this Department with the approval of the Minister in-charge.

J.Srinivasan
Deputy Secretary to the Govt of India
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02eod/5_3_2008-EOMM-I-22012014.pdf]

Wednesday, January 29, 2014

Indefinite strike from 17th Feb 2014 declared by three Defence Federations (INDWF, AIDEF & BPMS)

Indefinite strike from 17th Feb 2014 declared by three Defence Federations (INDWF, AIDEF & BPMS)
Serving Strike Notice by Individual Affiliated Unions on 03.02.2014
Indefinite Strike Commencing from 17.02.2014. 6.00 A.M.
INTUC
INDIAN NATIONAL DEFENCE WORKERS FEDERATION

INDWF/Strike/3001/2014
Dt. 28.01.2014
To
All Affiliated Unions of INDWF
Office Bearers & Working Committee Meeting of INDWF

Subject : Indefinite Strike

Dear Colleagues,

Three Recognised Defence Federations (INDWF, AIDEF & BPMS) have jointly decided and issued a Joint Declaration on 19.09.2013 to call for a Joint Agitation by the Defence Civilian Employees including of a indefinite strike. Notice of the Joint Declaration was sent to Defence Secretary Dt. 19.09.2013 alongwith the charter demands. The Joint Declaration and the programme of action together with the charter of demands was sent to all our affiliated unions for conducting Strike Ballot. Accordingly strike ballot was conducted by our affiliated unions as per our programme on 19.12.2013 and reports were sent to the Federation HQrs. It has been observed as per reports that more than 98% of the Defence Civilian Employees all over the country have voted in favour of the indefinite strike as the demands are very much genuine and long pending.

After receiving the reports of the strike ballot, we have sent further intimation to the secretary, Ministry of Defence that the majority employees have supported the strike and the Ministry of Defence should settle the problems forth with failing which, the Defence Civilian Employees will go on indefinite strike and the date for strike will be intimated.

Three recognized Federation have met at New Delhi on 27.01.2014 and noted with serious concern that even after more than 4 month after forwarding the Joint Declaration alongwith charter of demands, there is no progress in settlement of the issues pertaining to Defence Civilian Employees and the Govt. has not taken any step forward for a negotiated settlement/Agreement on the charter of demands.

Considering the negative attitude of the Government and Ministry of Defence towards the demands of the Defence Civilian Employees and its negligence, three Federations have decided in the meeting held on 27.01.2014 at New Delhi to organize Defence Civilian Employees for an indefinite strike starting from 17.02.2014 from 0600 AM in support of the following charter of demands. The meeting also calls upon the affiliated unions of the three Federations to jointly mobilize the Defence Workers by various agitational programmes during the period of serving strike notice on 03.07.2014 and make the strike a grand success.

The meeting also appeals to the CDRA, its affiliates and all other trade unions and associations functioning in the Defence Establishments to join the indefinite strike in the interest of unity of the Defence Employees and also realize the out standing demands of the Defence Civilian Employees.

Serving Strike Notice by Individual Affiliated Unions on 03.02.2014
Indefinite Strike Commencing from 17.02.2014. 6.00 A.M.

CHARTER OF DEMANDS

Demands on Service Matters
1) Grant of 2nd / 3rd MACP in Grade Pay Rs. 4600/- to the Artisan Staff of Defence Establishments who were granted 2nd ACP in the Chargeman Pay Scale of Rs. 5000-8000 upto 31.12.2005 (inspite of MoD’s recommendation matter is pending with Defence Finance)

2) Correlation of the hourly rate of Industrial Workers deployed on Piece Work system in Ordnance Factories in 6th CPC Pay Scale w.e.f. 01.01.2006 (inspite of MoD’s recommendation matter is pending with Defence Finance)

3) Grant of Departmental Overtime Wages to the Industrial Workers deployed on Piece Work system in the Ordnance Factories (inspite of MoD’s recommendation matter is pending with Defence Finance)

4) Grant of hourly rate to the Piece Workers of Ordnance Factories who were given MACP benefits, (inspite of MoD’s recommendation matter is pending with Defence Finance)

5) Grant of revised ACP benefits to the labourers who have completed 30 years of service by granting an one time exemption of Trade Test. (MoD’s recommendation in the matter is pending with DOP&T)

6) Grant of revised ACP benefits to the erstwhile Group “D” NIEs (MoD’s recommendation in the matter is pending with DOP&T)

7) Revision of Night Duty Allowance w.e.f. 01.01.1996 and from 01.01.2006 in the 5th and 6th CPC rates respectively by implementing the Court Judgments on the subject.

8) Doubling of the Risk Allowance for Defence Civilian Employees w.e.f, 01.09.2008 has agreed in the National Anomaly Committee Meeting.

9) Implementation of the following judgment to the similarly placed employees. As per the provisions of DOP&T OM No. A11019/2/98-AT dated 03rd September, 1998

i) Grant of MACP in promotional hierarchy (Government’s SLP dismissed in the case of CAT Chandigarh Bench Judgment on OA No. 1038/CH of 2010)-

ii) Placement from HS Grade to HS Grade-I should be ignored for . granting MACP (Judgment of CAT Principal Bench New Delhi in the case of Employees of 505 ABW, New Delhi referring various Supreme Court Judgments)

iii) Restoration of the opportunity of Chowkidars and Safaiwalas of MES for redesignation as Mate (SS) (Judgment of the Hon’ble CAT Ernakulam Bench in OA No.109/2012 dated 12.12.2012)

iv) Removal of discrimination and grant of skilled pay scale of Rs. 260-4000/950-1500 to non-petitioner Valvemen of MES (Judgment of Hon’ble CAT Jodhpur Bench in OA No. 51/2002 dated 21st July, 2003)

v) Inclusion of HRA and Transport Allowance etc. for computation of OT Wages under Factories Act 1948 based on the judgment of Madras High Court, vi) Implementation of higher Pay Scale and grade structure for the similarly placed Cooks of all Defence Establishments as granted to the Cooks of Air Force vide MoD Letter No. Air HQ./23064/Cooks/PC-4/444-CC/D (Air-!II) dated 12th November, 2013 based on the judgment of Hon’ble Principal Bench CAT, New Delhi.

10) Approval of all cadre review proposals of MTS, Durwan, Fireman, Drivers, Storekeeping Staff, Industrial Canteen Staff, Para Medical Staff, Stenographers, DEO, JJWM and Clerical Staff of OFB, DRDO, DGQA, Navy, EME, AOC, Air Force and other Directorates pending at different level.

11) Grant of PRIS to the DRDO Employees at par with Department of Atomic Energy and ISRO.

12) Revision of Fixed Medical Allowance to the Defence Employees posted at hard stations / isolated places and also grant of medical reimbursement for inpatient treatment for such employees by implementing the judgment of Punjab and Haryana High Court.

13) Grant of Four Grade Structure to the Ammunition Mechanic of NAD under Navy.

14) Grant of Four Grade Structure to the Meter Reader of MES at par with the Artisan Staff,

15) Extension of CSD Canteen facilities for retired defence civilian employees at par with Ex-Serviceman.

16) Revision of Bonus Payment ceiling and Gratuity Ceiling limit.

17) Opening of CGHS Dispensaries in all major cities and recognition of Hospitals under CGHS in Hill Stations.

DEMANDS ON POLICY ISSUES
1) Withdraw DPP-2013 which is against the interest of DRDO and Ordnance Factories.

2) No FDI in Defence Sector.

3) No disturbance in the functioning of DRDO by implementing Professor Rama Rao Committee recommendations.

4) No arbitrary reduction of manpower in the various Army Units in the name of ASEC Report in violation of the Cabinet Secretary’s directions.

5) No closure of any Defence Units including Military Farms,

6) Stop all types of outsourcing / contract and regularize all the existing contract/casual workers.

7) Fillup all the posts lying vacant in all the Defence Establishments.

8) Withdraw the New Pension Scheme.”

9) Grant of Compassionate Appointment 100% as being granted by the Railway Ministry.

10) No reduction of sanctioned strength of the Ordnance Factories based on Sourab Kumar Committee Report.

DEMANDS ON TRADE UNIONS RIGHTS AND FUNCTIONING OF JCM
1) Regular meeting with the recognized Federations by the MoD and other Directorates should be ensured.

2) Three meetings of the Departmental Council (JCM) and four meeting of the JCM-III Level Council as per the constitution of the JCM Scheme should be ensured.

3) Grant of Trade Unions rights to all the non gazetted employees working. in the Defence Establishments as being given in the case of Railway.

4) Grant of Trade Unions rights to the Employees of Hospitals and Training Establishments under MoD since these Establishments are already recognized as Industry by the Labour Ministry.

5. Grant of Trade Unions rights to the Defence Civilian Employees postedat area declared under SRO-17E.

DEMANDS ON 7th CPC ISSUES
1) Settle all the 6th CPC Anomalies and all Cadre review proposals before 7th CPC starts functioning.

2) Accept all the terms of reference of 7th CPC submitted by the staff side of National Council (JCM) to the DOP&T.

3) Implement the revised comprehensive pay packet for the Central Government Employees as on 01.01.2014.

4) To Consider the demand of merger of Dearness Allowance/Dearness Relief with Basic Pay and Basic Pension and also grant of interim relief.

The 4 lakhs Defence Civilian Employees who are the fourth force of the Defence of our country are committed and dedicated workforce and they work side by side with the uniformed personnel for the security of our great natioi. Their contribution to the Defence preparedness cannot be underestimated. Any disturbance in the industrial relations in the Defence Estatlishments will hamper the Defence preparedness. The Defence Civilian Employees and their Trade Unions with this responsibility in mind were patiently waiting for settlement of their demands. However, since there is no positive outcome inspite of our best efforts, the Defence Civilian Employees are forced to proceed with an indefinite Strike from 17.02.2014

Yours sincerely,
sd/-
(R.SRINIVASAN)
GENERAL SECRETARY
Source : www.Indwf.blogspot.in
[http://indwf.blogspot.in/2014/01/indefinite-strike-by-defence-civilians.html]

Representation of Minority Communities in Central Government Services - Departmentwise details

Representation of Minority Communities in Central Government Services - Departmentwise details
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO 2157
ANSWERED ON   18.12.2013

REPRESENTATION OF MINORITY COMMUNITIES
2157 . Shri YASHVIR SINGH
NEERAJ SHEKHAR

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether 10.18% people from minority communities were employed in Central Government services in 2010-11;
(b) if so, the details thereof, departmentwise;
(c) whether the representation of minority communities in the Central Government jobs has decreased to 7.73% in 2012-13;
(d) if so, the details thereof and the reasons therefor; and

(e) the steps taken/proposed to be taken in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a) & (b): Available data received from 71 Ministries / Departments is enclosed as Statement - I.

(c): Received data from 70 Ministries / Departments is enclosed as Statement - II.

(d): As per information received from Ministries/ Departments for decline in recruitment of candidates from Minority communities are as under:-


1. The rise and fall in the recruitment of minorities community depends upon the number of applications received and the percentage of qualifying candidates of the minority community.
2. There is no reservation in recruitment for minorities.
3. Dependence on traditional/religious education.
4. Low literacy level and non-availability of suitable candidates.
5. Adequate number of minority community candidates do not qualify in the selection process i.e. PST/PET/Written Examination/Medical examination and candidate with low scoring in written examination do not find in the merit of selected candidates, etc.

(e): Instructions have been issued vide letter number 39016/2(s)/2009-Estt.(B) dated 17.09.2011 to all appointing authorities to scrupulously observe the following guidelines :-

(i) The composition of Selection Committees should be representative. It should be mandatory to have one member belonging to SC/ST and one member belonging to minority community in Selection Boards / Communities for making recruitment to 10 or more vacancies.

(ii) Where the number of vacancies against which selection is to be made is less than 10, efforts should be made to have the Scheduled Caste / Tribes officer and a Minority community officer included in such Communities / Boards.

(iii) Wide publicity should be given to all appointments in Government, public sector banks and financial institutions. Advertisements should be issued in the language(s) spoken by large number of people of the State / UTs, apart from English and Hindi. Further, for Group C level posts level posts, having only basic qualifying requirements, information about vacancies for recruitment should also be disseminated through schools and colleges in that area, in addition to normal channels.

(iv) Where there is concentration of minority community population in local areas, the vacancy circular in local language may be distributed in those areas by suitable arrangements. These instructions have been reiterated from time to time.

Source: Statements
[http://164.100.47.132/Annexture/lsq15/15/au2157.htm]

Amendment in Income Tax Act at a Glance: Explanatory notes to the Provisions of the Finance Act, 2013

Amendment in Income Tax Act at a Glance: Explanatory notes to the Provisions of the Finance Act, 2013
 CIRCULAR NO.03/2014
F. No. 142/24/2013-TPL
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Direct Taxes)
*******
Dated, the 24th January, 2013
EXPLANATORY NOTES TO THE PROVISIONS OF THE FINANCE ACT, 2013

CIRCULAR
INCOME-TAX ACT

Finance Act, 2013 ─ Explanatory Notes to the Provisions of the Finance Act, 2013
CIRCULAR NO. 03/2014, DATED 24th JANUARY, 2014
AMENDMENTS AT A GLANCE
Section/ScheduleParticulars/Paragraph number
 Finance Act, 2013
First ScheduleRate Structure, 3.1 - 3.4
 Income-tax Act, 1961
2Change in the definition of capital asset, 4.1-4.5
10Change in the definition of keyman insurance policy, 5.1 5.5; exemption to income of investor Protection Fund of depositors, 6.1-6.3 ; pass through status to certain Alternative Investment Funds, 7.1 7.4; exemption of income received in India in Indian currency by a foreign company, 8.1 8.4; exemption to National Financial Holdings Company Limited, 9.1 9.3.
Insertion of new section 32ACIncentive for acquisition and installation of new plant or machinery by manufacturing company, 10.1-10.4.
36Clarification for amount to be eligible for deduction as bad debts in case of banks, 11.1 - 11.8.
40Disallowance of certain fee, charge, etc. in case of State Government Undertakings, 12.1 - 12.3.
Insertion of new section 43CAComputation of income under the head ―profits and gains of business or profession‖ for transfer of immovable property in certain cases, 13.1 13.4.
56Taxability of immovable property received for inadequate consideration, 14.1 14.4.
80CRaising of limit of percentage of eligible premium for life insurance policies of persons with disability or disease, 15.1 – 15.6.
80CCGExpanding the scope and deduction and its eligibility under the section, 16.1 - 16.5.
80DDeduction for contribution to Health Schemes similar to Central Government Health Scheme (CGHS), 17.1 -17.3.
Insertion of new section 80EEDeduction in respect of interest on loan sanctioned during financial year 2013-14 for acquiring residential house property, 18.1  18.4.


80GOne hundred per cent deduction for donation to National Children‘s Fund, 19.1- 19.4.
80GGB & 80GGCContribution not to be in cash for deduction under section 80GGB & 80GGC, 20.1 20.3.
80-IAExtension of the sunset date under the section for the power sector, 21.1 21.3.
80JJAADeduction for additional wages in certain cases, 22.1 22.6.
87 and Insertion of new section 87ARebate of 2000 for individuals having total income up to Rs. 5 lakh, 23.1 23.4.
90 and 90ATax Residency Certificate, 24.1-24.5.
Omission of Chapter X-A relating to general Anti- Avoidance Rule and Insertion of new Chapter X- A, omission of section 144BA and insertion of new section 144BA, amendment of sections 144C, 153D, 245N, 245R, 246A, 253 and 295General Anti Avoidance Rule (GAAR), 25.1-25.5.
115ATaxation of income by way of Royalty or fees for technical services, 26.1 - 26.4.
115BBDLower rate of tax on dividends received from foreign companies, 27.1 27.3.
115-ORemoval of the cascading effect of Dividend Distribution Tax (DDT), 28.1 28.5.
Insertion of new Chapter XII-DAAdditional income-tax on distributed income by company for buy-back of unlisted shares, 29.1 29.4.
115RRationalisation of tax on distributed income by the Mutual Funds, 30.1 30.5.
Insertion of new Chapter XII-EATaxation of securitisation trusts, 31.1 - 31.4.
132BApplication of seized assets, 32.1 32.3.
138Replacement of terms ―Foreign Exchange Regulation Act, 1947‖ and Foreign Exchange Regulation Act, 1973‖ with ―Foreign Exchange Management Act, 1999‖, 33.1 33.4.
139Return of income filed without payment of self-assessment tax to be treated as defective return, 34.1- 34.3.
142Direction of special audit under sub-section (2A) of the section, 35.1 35.3.
153 and 153BExclusion of time I computing the period of limitation for completion of assessments and reassessments, 36.1 36.6; time limit for completion of assessment or reassessment where reference is made to the transfer pricing officer, 37.1 – 37.6.
167C and 179Clarification of the phrase ―tax due‖ for the purposes of recovery in certain cases, 38.1 38.3.
Insertion of new section 194-IA Tax Deduction at Source (TDS) on transfer of certain  immovable properties (other than agricultural land), 39.1- 39.6.
Insertion of new section 194LD, amendment of sections 115AD, 195 and 196DIncome by way of interest on certain bonds and Government securities, 40.1 40.2.
204Meaning of person ―responsible for paying‖ under Chapter XVII, 41.1 41.4.
206AAExemption from requirement of furnishing PAN under section 206AA to certain non-resident bond holder, 42.1 - 42.3.
206CRemoval of exemption from levy of Tax Collection at Source (TCS) to cash sale of any coin or any other article weighing 10 grams or less, 43.1 43.2.
252Appointment of President of the Appellate Tribunal, 44.1 44.4.
Substitution of new section for section 271FAPenalty under section 271FA for non-filing of Annual Information Return, 45.1 45.5.
Fourth ScheduleExtension of time for approval, 46.1 46.5.
 Wealth-tax Act, 1957
2Change in the definition of capital asset, ; exemption from wealth tax to agricultural land situated in urban area, 47.1 – 47.3.
Insertions of new sections 14A and 14B and amendment of section 46Enabling provisions for facilitating electronic filing of annexure-less return of net wealth, 48.1 - 48.4.
 Finance (No.2) Act, 2004
Section 98 of the Finance (No.2) Act, 2004Rationalisation of securities transaction tax rates, 49.1 49.3.
 Chapter VII, Finance Act, 2013
Chapter VII of the Finance Act, 2013 and amendment in sections 36 and 43 of the Income- tax Act, 1961Commodities Transaction Tax, 50.1 50.6.2.
1. Introduction
2. Changes made by the Act
3. Rate structure
4. Amendment in the definition of Capital Asset
5. Keyman insurance policy
6. Exemption to income of Investor Protection Fund of depositories
7. Pass through Status to certain Alternative Investment Funds
8. Exemption of income received in India in Indian currency by a foreign company
9. Exemption to National Financial Holdings Company Limited
10. Incentive for acquisition and installation of new plant or machinery by manufacturing company
11. Clarification for amount to be eligible for deduction as bad debts in case of banks
12. Disallowance of certain fee, charge, etc. in the case of State Government Undertakings
13. Computation of income under the head “Profits and gains of business or profession” for transfer of immovable property in certain cases
14. Taxability of immovable property received for inadequate consideration
15. Raising the limit of percentage of eligible premium for life insurance policies of persons with disability or disease
16. Expanding the scope of deduction and its eligibility under section 80CCG
17. Deduction for contribution to Health Schemes similar to CGHS
Deduction in respect of interest on loan sanctioned during financial year 2013-14 for acquiring residential house property
19. One hundred percent deduction for donation to National Children’s Fund
20. Contribution not to be in cash for deduction under section 80GGB & section 80GGC
21. Extension of the sunset date under section 80IA for the power sector
22. Deduction for additional wages in certain cases
23. Rebate of Rs. 2000 for individuals having total income up to Rs. 5 lakh
24. Tax Residency Certificate
25. GENERAL ANTI-AVOIDANCE RULE (GAAR)
26. Taxation of Income by way of Royalty or Fees for Technical Services
27. Lower rate of tax on dividends received from foreign companies
28. Removal of the cascading effect of Dividend Distribution Tax (DDT)
29. Additional Income-tax on distributed income by company for buy-back of unlisted shares
30. Rationalisation of tax on distributed income by the Mutual Funds
31. Taxation of Securitisation Trusts
32. Application of seized assets under section 132B
33. Replacement of terms “Foreign Exchange Regulation Act, 1947” and “Foreign Exchange Regulation Act, 1973” with “Foreign Exchange Management Act, 1999”
34. Return of Income filed without payment of self- assessment tax to be treated as defective return
35. Direction for special audit under sub-section (2A) of section 142
36. Exclusion of time in computing the period of limitation for completion of assessments and reassessments
37. Time limit for completion of assessment or reassessment where reference is made to Transfer Pricing Officer.
38. Clarification of the phrase “tax due” for the purposes of recovery in certain cases
39. Tax Deduction at Source (TDS) on transfer of certain immovable properties (other than agricultural land)
40. Income by way of interest on certain bonds and Government securities
41. Meaning of “person responsible for paying” under Chapter XVII
42. Exemption from requirement of furnishing PAN under section 206AA to certain non-resident bond holder.
43. Removal of exemption from levy of Tax Collection at Source (TCS) to cash sale of any coin or any other article weighing 10 grams or
less
43. Removal of exemption from levy of Tax Collection at Source (TCS) to cash sale of any coin or any other article weighing 10 grams or less
44. Appointment of President of the Appellate Tribunal
45. Penalty under section 271FA for non-filing of Annual Information Return
46. Extension of time for approval in Part A of the Fourth Schedule to the Income-tax Act, 1961
47. Exemption from wealth tax to agricultural land situated in urban area.
48. Enabling provisions for facilitating electronic filing of annexure-less return of net wealth
49. Securities Transaction Tax (STT)
50. Commodities Transaction Tax


-sd-
[Ashis Mohanty]
Under Secretary to the Government of India
Dated 24.01.2024
[F. No. 142/24/2013-TPL]
Source:  www.incometaxindia.gov.in
via: Karnmk.blogspot.in

Voluntary Retirement: Fundamental (First Amendment) Rules, 2014

 Voluntary Retirement: Fundamental (First Amendment) Rules, 2014:-

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION
New Delhi, the 17th January, 2014

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending
Explanation :– For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;


(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;
(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :- For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No. 2501313/2010-Estt. (A-IV)]
MAMTA KUNDRA, Jt. Secy.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf]

Government mechanism available for redressal of pensioners grievances

Government mechanism available for redressal of pensioners grievances

 The pensioners grievances are registered and monitored through online Centralized Pension Grievance Redressal and Monitoring System (CPENGRAMS), a web based application taken up under the National e-Governance Plan (NeGP). To help pensioners lodge their grievances and to provide related information the Department of Pension and Pensioners’ Welfare (DOPPW) has identified 30 pensioner associations across the country. The pendency of the grievances is monitored by holding review meetings with nodal officers of Ministries/Departments and 7 such meetings have been held during the current financial year. This has resulted in redressal of about 22000 out of 29,000 grievances during the current calendar year (upto 12/12/2013).

These pensioners’ associations have been functioning as facilitators between the pensioners on the one hand and the pension sanctioning authorities on the other. The meetings of Standing Committee of Voluntary Associations (SCOVA), of which some Associations are the members, are held twice a year under the Chairmanship of Minister of State also to discuss the various issues pertaining to the pensioners.

Above information was given by Ministry of Personnel, PG & Pension in reply of undermentioned Lok Sabha Question:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 2169
ANSWERED ON 18.12.2013
PENSIONERS GRIEVANCES
2169 . Shri P.R. NATARAJAN

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether there is any Government mechanism available for redressal of pensioners` grievances;

(b) if so, the details thereof;

(c) whether the pensioners` associations, if any, have been accorded any legal authority to represent the grievances of pensioners; and

(d) if not, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a) to (d):  ** see above **

Source: Lok Sabha Q&A
via: Karnmk.blogspot.in

Tuesday, January 28, 2014

Guidelines on Air Travel on Tours/LTC: DoE instructions to CBDT

Guidelines on Air Travel on Tours/LTC: DoE instructions to CBDT:-

    "Either the air tickers are booked through an agent other than the Authorized Travel Agents or the journey is performed by the private air fines in contravention of the instructions issued by the Department of Expenditure."

No. A-27023/1/2014-Ad.VI(A)
Government of India
Ministry of Finance
Department of Revenue
(Central Board Direct Taxes)

New Delhi, the 24th January, 2014

To
All CCsIT/DGF.IT

Subject:- Guidelines on Air Travel on Tours/LTC.

Sir/Madam,
I am directed to enclose herewith a copy of O.M. Dy. No. 212615/Cash-2013 dated 22nd January, 2014 received from the Cash Section, Department of Revenue, New Delhi on the subject cited above for information and strict adherence I n the Department of Expenditure's O.M. No. 19024/1 /2009-E.IV, dated 16.09.2010(copy enclosed) on air travel on tours/LTC by IRS(IT) officers.
Encl. as above.

Yours faith fully,
sd/-
(RajKumar)
Under Secretary to the Government of India


Dy.No.212615/Cash-2013
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE

New Delhi, the 2nd January 2014

OFFICE MEMORANDUM

Subject: Guidelines on Air Travel on Tours/LTC

The undersigned is directed lo invite a reference to Ministry of Finance, Department of Expenditure's O.M.No.19024/1/2009-E.IV. dated 16.09.2010 (copy enclosed) on the subject cited above.


2. It has been observed that various instances have come to the notice that officers from Department of Revenue and the Iwo Boards Central Board of Direct Taxes and Central Board of Excise and Customs are still not following the guidelines provided the Department of Expenditure's O.M, referred above. Either the air tickers are booked through an agent other than the Authorized Travel Agents or the journey is performed by the private air fines in contravention of the instructions issued by the Department of Expenditure. Therefore oil the concerned officers are requested to strictly adhere to the instructions of Department of Expenditure on the air travel on tours/LTC.

sd/-
(Rajinder Kumar)
Under Secretary to the Govt. of India
F.No.19024/1/2009-E.IV
Government of India
Ministry of Finance
(Department of Expenditure)


New Delhi dated the 16th September, 2010.
OFFICE MEMORANDUM

Subject: Guidelines on Air Travel on Tours/LTC.

This Department is receiving repeated references seeking clarifications with regard to purchase of Air tickets through authorized agents and relaxation for travel by Airlines other than Indian Airlines. The following guidelines may be noted for compliance:

1. On Official Tours:

(i) For travel by Airlines other than Air India because of operational or other reasons or on account of non-availability of Air India flights, individual cases for relaxation to be referred to M/o Civil Aviation, as stated in this Ministry's OM No. 19024/1/2009-E.IV dated 13.07.09.

(ii) Air Tickets may be purchased directly from Airlines (at Booking counters/Website of Airlines) or by utilizing the services of Authorized Travel Agents viz. M/s Balmer Lawrie & Company, M/s Ashok Travels & Tours.

2. LTC:

(i) Travel by Air India only.

(ii) In Economy class only, irrespective of entitlement.

(iii) LTC-80 ticket of Air India only to be purchased.

(iv) Air Tickets may be purchased directly from Airlines (at Booking counters/Website of Airlines) or by utilizing the services of Authorized Travel Agents viz. M/s Balmer Lawrie & Company, M/s Ashok Travels & Tours and IRCTC (to the extent IRCTC is authorized as per DoP&T OM No. 31011/6/2002-Estt.(A) dt. 02.12.09).

3. LTC for J&K:

(i) Relaxation to travel by Private Airlines to visit J &K while availing LTC is available to all the categories of Govt. employees, including those entitled to travel by Air [DoP&T OMs No. 31011/2/2003-Estt.(A-IV) dated 18.06.10 and 05.08.10 refer].

(ii) For purchase of Air tickets, however, the procedure as given under para 2 (iv) above should be followed.

4. All Ministries/Departments of Govt. of India are requested to strictly adhere to these instructions.

Under Secretary to the Govt. of India.

Source: http://irsofficersonline.gov.in/Documents/OfficalCommunique/1127201410619.PDF

AIRF: Holding of meeting of the Standing Committee of National Council (JCM) for finalization of Terms of Reference

Holding of meeting of the Standing Committee of National Council (JCM) for finalization of Terms of Reference of – AIRF
 All India Railwaymen’s Federation
No.AIRF/405( VII CPC)
Dated: January 23, 2014
The Director(JCA) & Member Secretary,
National Council(JCM),
Government of India,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
North Block,
New Delhi-110001

Dear Sir,
Sub: Holding of meeting of the Standing Committee of National Council(JCM) for finalization of Terms of Reference of

In the meeting held on 24.10.2013, under the chairmanship of Secretary, DoP&T, to discuss the Terms of Reference for VII CPC, Secretary,National Council (JCM) (Staff Side), Shri Umraomal Purohit had demanded a meeting with the Secretary(EXP.) and DoP&T before finalization of Terms of Reference of VII CPC.

Despite elapsing a period of around three months, nothing has been heard in this regard.

We, therefore, request that an urgent meeting should be held with the Secretary(ExP.) and DoP&T for finalization of Terms of Reference of VII CPC.

Yours faithfully,
sd/-(Shiva Gopal Mishra)
General Secretary
Source : AIRF

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments: BPMS Letter to MoD

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments: BPMS Letter to MoD

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
REF: BPMS / MACPS / 64 (7/3/M)
Dated: 16.01.2014
To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Granting of 3rd  MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

Reference: 1. MOD I.D. No. 11(5)/2009-D (Civ-I), Dated 28.12.2013

Respected Sir,
 With due regards, your attention is invited to S.R.O. 13(E) Dated 04.05.1989 / S.R.O.-191 dated 28.11.1994 / S.R.O.-66 dated 27.05.2003 “Indian Ordnance Factories Group C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Rules” which stipulates that the post of Chargeman (Tech) will be filled up by-
(a) 25% by direct recruitment after adjustment of surplus and transfer,
(b) 25% by Limited Departmental Examination and
(c) 50% by promotion from panel prepared by relevant DPC for each category
 and on failure of recruitment by promotion, by transfer failing which by direct recruitment {as mentioned in Point No. 2 of Annexure to OFB Letter No. 01/CR/A/I/Vol.II/658, dated 21.02.2011}.

It further stipulates that the post of Chargeman will be filled up by Promotion from Draughtsman or equivalent in scale of Rs.1200-2040 with 3 years service and by promotion from Highly Skilled Grade-I with 3 years of regular service failing which from Highly Skilled Grade-II with 6 years regular service in respectively category.

The above Recruitment Rule (SRO) nowhere says that the post of Chargeman will be filled by promotion from Master Craftsman.

It is to be noted that the post of Master Craftsman was created in pursuance of the recommendations of the 3rd Central Pay Commission made in Chapter 19 of Volume I of its Report, vide MOD letter No. 1(2)/80/D(Civ-I), dated 21.09.1982 in the pay scale of Rs. (425 – 640) at par with the Chargeman. Para 2(iv) of the letter stipulates that the incumbents selected for the post of Master Craftsman will forego their normal promotion to the supervisory grade; i.e., Chargeman.

The pay scale of Master Craftsman & Chargeman was revised to Rs. (1400 – 2300) as per 4th CPC but the 5th  CPC revised the pay scale of Master Craftsman to Rs. (4500 – 7000) whereas Chargeman was revised & upgraded to Rs. (5000 – 8000) w.e.f. 01.01.1996.

 Subsequently, Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of the 5th CPC has been introduced vide MOD letter No.11(1)/2002/D(Civ-I), dated 20.05.2003 which states that the post of Master Craftsman shall not be part of the hierarchy and the placement in this grade will not be treated as promotion for Highly Skilled Grade either under normal promotion rules or under ACP Scheme. Para 4(iv) of the letter states that the post of Master Craftsman (Rs. 4500 – 7000) shall continue to be considered as Highly Skilled grade for the purpose of promotion to the grade of Chargeman-II (Rs. 5000 – 8000).

It is worth to mention here that Hon’ble Supreme Court of India has already decided that the administrative instructions cannot be issued in contravention of the statutory rules {C&AG of India vs. Mohan Lal Mehrotra, 1991 Lab IC (SC) 2328, para 22} and that there can be no dispute with the proposition that a rule framed under the Proviso to Art. 309 of the Constitution cannot be modified by an executive order {State of Maharashtra & Anr vs Chandrakant Anant Kulkarni & Ors: 1981 AIR 1990, 1982 SCR (1) 665}

The Supreme Court has held in the case of “Sant Ram Sharma vs State Of Rajasthan & Anr : 1967 AIR 1910, 1968 SCR (1) 111” as under:-

    “It is true that Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed.”
Contrary to above, vide letter cited under reference MOD has communicated that the idea of exclusion of the post of Master Craftsman (MCM) from further promotions in the hierarchy (Chargeman in the same Grade Pay) has not found favour with the Defence Finance.

 We are surprised to construe from above that Defence Finance may promote any person on any post which may be against the provisions of relevant Recruitment Rules (SRO) made under the proviso of Article 309 of the Constitution of India.

Here, we would like to draw your attention to Para 3.1 of Govt. of India, DoP&T O.M. No. 22011/5/86-Estt.(D), dated 10th April, 1989 issued as consolidated instructions on Departmental Promotion Committee, which stipulates as under:-

   “ ….. A vacancy shall be filled in accordance with the recruitment rules in force on the date of vacancy, unless rules made subsequently have been expressly given retrospective effect. Since amendments to the recruitment rules normally have only prospective application, the existing vacancies should be filled as per the recruitment rules in force. Holding of DPC meetings need not be delayed or postponed on the ground that recruitment rules for a post are being reviewed/amended.”

It is worth to mention here that Para 2 of Annexure - I of DOP&T O.M. No. 35034/3/2008-Estt. (D), dated 19.05.2009 of MACPS provides that the MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section I, Part – A of the first schedule of the CCS (RP) Rules, 2008 and which is as under;

Grade Pay Rs. 1800/- Grade Pay Rs. 4200/-
Grade Pay Rs. 1900/- Grade Pay Rs. 4600/-
Grade Pay Rs. 2000/- Grade Pay Rs. 4800/-
Grade Pay Rs. 2400/- Grade Pay Rs. 5400/-
Grade Pay Rs. 2800/- Grade Pay and so on
 
Hence, a person who is drawing grade pay of Rs. 4200 due to 02 promotions/ACPs and completes 30 years regular service on or after 01.09.2008 will be granted financial upgradation under 03rd MACPS in grade pay of Rs. 4600/-.

 Therefore, you are requested to review the referred clarifications and withdraw the same without further delay and clarify that since the post of MCM was not in hierarchy of artisan staff cadre upto 31.12.2005, the Highly Skilled worker/MCM who were already drawing the pay scale of Rs. (5000 – 8000) under ACP Scheme may be considered for further financial upgradations in the next Grade Pay (Rs. 4600) in the hierarchy of Grade Pays.

Thanking you.

Yours Sincerely
 sd/-
 (MUKESH SINGH)
 Secretary/BPMS &
 Member JCM-II (MOD)
Source: http://bpms.org.in/documents/macp-mcm-4tdp.pdf
via: Karnmk.blogspot.in

Kendriya Vidyalayas set to switch to 5-day week for primary classes

Kendriya Vidyalayas set to switch to 5-day week for primary classes
Written by Anubhuti Vishnoi | New Delhi | January 27

All Kendriya Vidyalayas (KVs) across the country are likely to switch to a five-day week for primary classes (up to Class 5) from the new academic session.

The proposal for a five-day week to “give space for students to pursue self-learning as per their aptitude and interest” is set to be taken up by the Board of Governors of the Kendriya Vidyalaya Sangathan on Tuesday. Officials said the board was likely to clear the move. However, a proposal to cut the working hours of KV teachers was unlikely to be passed, said sources.

HRD Minister Pallam Raju chairs the board, while Minister of State Jitin Prasada is a member.  The proposal to switch to a five-day schedule is in keeping with the Right to Education Act. The proposal was first mooted by the KVs in 2012, but was rejected.

“There should be no objection to a five-day week for primary students as the KVs will still be able to meet the 200 school days requirement mandated under the Right to Education (RTE) Act. The schools will also be able to meet the stipulated minimum teaching hours requirement under the Act. So there is little argument to subject the younger children to an extra day at school,” said an official.

The KVs have increased working hours for teachers from 6 hours 10 minutes to 7 hours 30 minutes, as stipulated under the RTE Act. Teachers have opposed the decision.

Source: http://indianexpress.com
[http://indianexpress.com/article/india/india-others/kendriya-vidyalayas-set-to-switch-to-5-day-week-for-primary-classes/]

Implementation of post based roster under OM dated 2.7.1997

Implementation of post based roster under OM dated 2.7.1997

 GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 2128
ANSWERED ON 18.12.2013
POST BASED ROSTER
2128 . Shri A.T. NANA PATIL

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Government has issued the guidelines regarding implementation of post based roster under OM dated 2.7.1997 as per directives of the Supreme Court in the case of R.K. Sabharwal vs. State of Punjab;

(b) if so, whether these directives of the Supreme Court in the said case are not applicable to the services and posts under different States;

(c) if so, whether the said OM has been issued to all the State Governments and if so, the details thereof;

(d) whether review of implementation of this OM by the States is taken by his Ministry every year;

(e) if so, whether the Ministry has received representations mentioning violation of this OM by Maharashtra, Uttar Pradesh and Rajasthan; and

(f) if so, the action being taken by the Government to implement the Supreme Court direction in the case of R.K. Sabharwal vs. State of Punjab in the above States?


ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a): Yes, Madam.

(b): The directives of the Hon’ble Supreme Court in the R.K.Sabharwal case are applicable to the Central Government as well as to the State Governments.

(c): No, Madam. The services under the State come under the list-II i.e. ‘State List’ of the Constitution and it is for the respective State Governments to issue necessary orders/instructions to comply with the directives of Hon’ble Supreme Court. Hence, any violation of the directives of the Supreme Court in service matters is also the concern of the respective State Governments.

(d): Does not arise, in view of reply given in respect of (c) above.

(e) & (f): Representations if any, received from time to time against non- implementation of the Post based roster by State Governments are forwarded to them for appropriate action.

Source: Lok Sabha Q&A
via: http://karnmk.blogspot.in/2014/01/implementation-of-post-based-roster.html

Fixed Medical Allowance: Reduction of jurisdiction of Postal Dispensaries from 8 km. to 2.5 km at par with the Railways

Fixed Medical Allowance: Reduction of jurisdiction of Postal Dispensaries from 8 km. to 2.5 km at par with the Railways

 Reduction of jurisdiction of Postal Dispensaries for the purpose of Fixed Medical Allowance to pensioners from 8 km. to 2.5 km at par with the Railways- DoT Order:-

No. 4-12(07)/2013-PAT
Government of India
Ministry of Communications &1.T.
Department of Telecommunications
Sanchar Bhavan, 20-Ashoka Road
New Delhi 110001
Dated : 7-01-2014

OFFICE MEMORANDUM
Subject: Jurisdiction of Postal Dispensaries located at Guntur, Rajamundry, Net lore, Vijaywada, Vishakhapatnam, Dibrugarh, Silchar, Chhapra, Darbhanga, Gaya, Muzaffarpur, Raipur, Vadodara, Ambala, Dhanbad, Behrampur, Cuttack, Amritsar, Jalandhar, Ajmer, jodhpur, kota, Tirchirappalli, Tirunelveli, Agra, Aligarh, Bareilly, Gorakhpur, Moradabad, Saharanpur, Varanasi, Jalpaigiri and Siliguri with regard to FMA for pensioners.

In pursuance to that Deptt. of Post order No.2-2/2012-Medical dated 16.8.2013, I am directed to convey the instructions with regard to P&T dispensaries located at above mentioned places and FMA to pensioners are as below:-

1.    The reduction in jurisdiction of the above mentioned postal dispensaries for the purpose of Fixed Medical Allowance to pensioners from 8 km. to 2.5 km at par with the Railways.

2.    These order shall supercede all earlier orders on the subject and shall come into force w.e.f 01.09.2013.

3.    All pensioners residing beyond 2.5 km. radius of the above cited dispensaries and desirous of availing Fixed Medical Allowance shall give an undertaking to this effect and surrender their Postal Dispensary cards to the Incharge of their respective dispensaries, who shall endorse the same on the said undertaking for submission to the Pension Paying Authority.

4.    The Pension Paying Authority shall make necessary entries on the PPO of the Pensioner concerned and disburse FMA along with the pension as per prevailing rates (at present it is Rs.300/- per month).
sd/-
(Sanjay Agrawal)
Asstt Director General to the Govt. of India
Source: http://dot.gov.in/sites/default/files/DOC090114-002.pdf
via: karnmk.blogspot.in

Monday, January 27, 2014

Compassionate appointments in Public Sector Banks

Compassionate appointments in Public Sector Banks

Compassionate appointment is available in Public Sector Banks (PSBs) based on the “Scheme for appointment of dependents of deceased employees on compassionate grounds” as last modified in 2007.

The Scheme provides for compassionate appointment in the following cases :-
i) when an employee dies while performing his/her official duty as a result of violence, terrorism, robbery or dacoity; or

ii) when an employee dies within five years of his/her first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and/or minor children.
The above information was submitted in a written reply to a question in Parliament on 30.8.2013 by the Minister of State for Finance Shri.Namo Narain Meena.

Source: 90paisa.blogspot.in
[http://90paisa.blogspot.in/2014/01/compassionate-appointments-in-public.html]

Extension of CGHS facility to State Govt Employees..?

 Extension of CGHS facility to State Govt Employees..?

While answering to a question in Parliament, Minister Shri.Ghulam Nabi Azad said that the Central Government Health Scheme is primarily meant for the Central Government employees and pensioners receiving salary / pension from Central Civil Estimates of Government of India.

The State Government employees and other members of public are not eligible to join CGHS. However, no requests from State Governments including Kerala have been received for improvement in CGHS.

CGHS is basically providing the dispensary services through its Wellness Centres manned by the General Duty Medical Officers. However, CGHS also provides the services of medical specialists through the Polyclinics and Central Government hospitals. In addition, the CGHS medical specialists also visit designated dispensaries on stipulated days in each week to provide medical consultation to the beneficiaries. Due to shortage of specialists in CGHS it is practically not feasible and financially viable to provide Specialist facilities in each CGHS Wellness Centre. Moreover, CGHS is also engaging contractual specialists against the vacant posts of specialists to provide the medical consultation services to its beneficiaries.

CGHS has a dedicated wing of specialists at the Safdarjung Hospital, New Delhi for its beneficiaries. The CGHS beneficiaries are also allowed to consult specialists at Dr. RML Hospital and other Government hospitals in NCR in respective specialties. In addition, CGHS has empanelled a large number of private hospitals to provide inpatient medical care to its beneficiaries on the advice of Government specialists.

As per the Terms & Conditions for empanelment under CGHS, all empanelled private hospitals are required to provide credit facilities to the CGHS beneficiaries in case of emergency. Pensioners and other specified category of beneficiaries are entitled for credit facilities under normal circumstances also. Non-compliance of the said provision attracts penalty as per the Memorandum of Agreement signed by them.

Source:  90pasia.blogspot.in
[http://90paisa.blogspot.in/2014/01/extension-of-cghs-facility-to-state.html]

Sunday, January 26, 2014

Determination of date of increment after expiry of duration of penalties of withholding of increments/reduction to lower stage imposed for less than a year regarding - Railway Board Orders

Determination of date of increment after expiry of duration of penalties of withholding of increments/reduction to lower stage imposed for less than a year regarding - Railway Board Orders
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(D&A) 2008 RG6-36
New Delhi, 15/01/2014
The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).

Sub: Determination of date of increment after expiry of duration of penalties of withholding of increments/ reduction to lower stage imposed for less than a year regarding.

Ministry of Railways have received a few references regarding certain penalties of rule 6 of Railway Servants (Discipline And Appeal) Rules, 1968 which are having pay element imposed for less than a year. In one case, the penalty of withholding of increments was imposed on 24.3.2008 for a period of six months with cumulative effect and in the other case the penalty of reduction to lower stage was imposed on 9.2.2009 for a period of six months with non-cumulative effect.

2. The question of date of release of increment in the above cases on expiry of the penalty, in the context of fixing of 1st July as the date of increment uniformally for all Government servants following VIth CPC, has been examined in consultation with the Department of Personnel & Training. It is advised that fixing of 1st July as the date of increment for all Government servants under the Revised Pay Rules following the acceptance of the recommendation of the IVth CPC, is relevant, only in respect of Annual increment. This provision is not applicable where the increment is withheld as a measure of penalty. In cases where the increment is withheld as a penalty for a specified period restoration of the withheld increment would be at the end of the currency of the penalty and not postponed to the next 1st July. The person concerned may even be entitled to the next increment on the 1st July following the expiry of the currency of the penalty, (notwithstanding the fact that the penalty imposed on him was having postponing effect on his future increments), if he has net qualifying service of six months prior to the relevant 1st July.

3.  Likewise, where the penalty of reduction to lower stage was imposed, the pay will be restored immediately on expiry of the currency of the penalty. In so far as release of next increment is concerned, the same may also be allowed immediately on restoration if the person concerned has rendered net qualifying service of six month on the 1st July preceding the date of the expiry of the currency of the penalty.

Please. acknowledge receipt,

sd/-
(Harish Chander)
Dy. Director Est. (D&A)
Source: AIRF
[http://www.airfindia.com/Orders%202014/RBE-09.2014.pdf]
via: www.railnewscenter.com/

President’s address to the Nation on the eve of the Republic Day

President’s address to the Nation on the eve of the Republic Day

Press Information Bureau
Government of India
President's Secretariat
25-January-2014 19:21 IST
President’s address to the Nation on the eve of the Republic Day

The President, Shri Pranab Mukherjee, addressed the Nation on the eve of the 65th Republic Day. Following is the text of the President’s address on the occasion:

“My Fellow Citizens,
On the eve of 65th Republic Day, I extend warm greetings to all of you in India and abroad. I convey my special greetings to members of our Armed Forces, Paramilitary Forces and Internal Security Forces.

The Republic Day commands the respect of every Indian. On this day, sixty four years ago, in a remarkable display of idealism and courage, we the people of India gave to ourselves a sovereign democratic republic to secure all its citizens justice, liberty and equality. We undertook to promote among all citizens fraternity, the dignity of the individual and the unity of the nation. These ideals became the lodestar of the modern Indian State. Democracy became our most precious guide towards peace and regeneration from the swamp of poverty created by centuries of colonial rule. From within the spacious provisions of our Constitution, India has grown into a beautiful, vibrant, and sometimes noisy democracy. For us, the democracy is not a gift, but the fundamental right of every citizen; for those in power democracy is a sacred trust. Those who violate this trust commit sacrilege against the nation.

Some cynics may scoff at our commitment to democracy but our democracy has never been betrayed by the people; its fault-lines, where they exist, are the handiwork of those who have made power a gateway to greed. We do feel angry, and rightly so, when we see democratic institutions being weakened by complacency and incompetence. If we hear sometimes an anthem of despair from the street, it is because people feel that a sacred trust is being violated.

Fellow Citizens,
Corruption is a cancer that erodes democracy, and weakens the foundations of our state. If Indians are enraged, it is because they are witnessing corruption and waste of national resources. If governments do not remove these flaws, voters will remove governments.

Equally dangerous is the rise of hypocrisy in public life. Elections do not give any person the licence to flirt with illusions. Those who seek the trust of voters must promise only what is possible. Government is not a charity shop. Populist anarchy cannot be a substitute for governance. False promises lead to disillusionment, which gives birth to rage, and that rage has one legitimate target: those in power.

This rage will abate only when governments deliver what they were elected to deliver: social and economic progress, not at a snail's pace, but with the speed of a racehorse. The aspirational young Indian will not forgive a betrayal of her future. Those in office must eliminate the trust deficit between them and the people. Those in politics should understand that every election comes with a warning sign: perform, or perish.

I am not a cynic because I know that democracy has this marvellous ability to self-correct. It is the physician that heals itself, and 2014 must become a year of healing after the fractured and contentious politics of the last few years.

My Fellow Citizens,
The last decade witnessed the emergence of India as one of the fastest growing economies in the world. The slowdown of our economy in the last two years can be some cause for concern but none for despair. The green shoots of revival are already visible. The agricultural growth in the first half of this year has touched 3.6 per cent and rural economy is buoyant.

2014 is a precipice moment in our history. We must re-discover that sense of national purpose and patriotism, which lifts the nation above and across the abyss; and back on to the road of prosperity. Give the young jobs and they will raise the villages and cities to 21st century standards. Give them a chance and you will marvel at the India they can create.

This chance will not come if India does not get a stable government. This year, we will witness the 16th General Election to our Lok Sabha. A fractured government, hostage to whimsical opportunists, is always an unhappy eventuality. In 2014, it could be catastrophic. Each one of us is a voter; each one of us has a deep responsibility; we cannot let India down. It is time for introspection and action.

India is not just a geography: it is also a history of ideas, philosophy, intellect, industrial genius, craft, innovation, and experience. The promise of India has sometimes been mislaid by misfortune; at other times by our own complacence and weakness. Destiny has given us another opportunity to recover what we have lost; we will have no one to blame but ourselves if we falter.

Fellow Citizens,
A democratic nation is always involved in argument with itself. This is welcome, for we solve problems through discussion and consent, not force. But healthy differences of opinion must not lead to an unhealthy strife within our polity. Passions are rising over whether we should have smaller states to extend equitable development to all parts of a state. A debate is legitimate but it should conform to democratic norms. The politics of divide and rule has extracted a heavy price on our subcontinent. If we do not work together, nothing ever will work.

India must find its own solutions to its problems. We must be open to all knowledge; to do otherwise would be to condemn our nation to the misery of a stagnant mire. But we should not indulge in the easy option of mindless imitation, for that can lead us to a garden of weeds. India has the intellectual prowess, the human resource and financial capital to shape a glorious future. We possess a dynamic civil society with an innovative mindset. Our people, whether in villages or cities, share a vibrant, unique consciousness and culture. Our finest assets are human.

Fellow Citizens,
Education has been an inseparable part of the Indian experience. I am not talking only of the ancient institutions of excellence like Takshashila or Nalanda, but of an age as recent as the 17th and 18th centuries. Today, our higher educational infrastructure consists of over 650 universities and 33,000 colleges. The quality of education has to be the focus of our attention now. We can be world leaders in education, if only we discover the will and leadership to take us to that pinnacle. Education is no longer just the privilege of the elite, but a universal right. It is the seed of a nation’s destiny. We must usher in an education revolution that becomes a launching pad for the national resurgence.

I am being neither immodest, nor beating a false drum, when I claim that India can become an example to the world. Because, the human mind flourishes best when it is, as the great sage Rabindranath Tagore said, free from fear; when it has the liberty to roam into spheres unknown; in search of wisdom; and when the people have the fundamental right to propose as well as oppose.

My Fellow Citizens,
There will be a new government before I speak to you again on the eve of our Independence Day. Who wins the coming election is less important than the fact that whosoever wins must have an undiluted commitment to stability, honesty, and the development of India. Our problems will not disappear overnight. We live in a turbulent part of the world where factors of instability have grown in the recent past. Communal forces and terrorists will still seek to destabilize the harmony of our people and the integrity of our state but they will never win. Our security and armed forces, backed by the steel of popular support, have proved that they can crush an enemy within; with as much felicity as they guard our frontiers. Mavericks who question the integrity of our armed services are irresponsible and should find no place in public life.

India's true strength lies in her Republic; in the courage of her commitment, the sagacity of her Constitution, and the patriotism of her people. 1950 saw the birth of our Republic. I am sure that 2014 will be the year of resurgence.

JAI HIND!”

Saturday, January 25, 2014

Decision on Railwaymen's Indefinite Strike on February 17

Decision on railwaymen’s indefinite strike on February 17

The crucial decision will be taken at a meet in Kota, Rajasthan

The national trade unions of railwaymen will decide on February 17 whether or not to go ahead with the proposed indefinite general strike to press for implementation of various long-standing demands.

Though railwaymen across the country had overwhelmingly voted in favour of a direct agitation during the ‘strike ballot’ held nationwide last month, the crucial decision on launching a general strike that could cripple railway operations is due to be taken at the meeting scheduled at Kota, Rajasthan, said N. Kanniah, general secretary of the Southern Railway Mazdoor Union (SRMU), which is affiliated to the All India Railwaymen’s Federation (AIRF).

The AIRF and the National Federation of Indian Railwaymen are the two parent trade unions representing an estimated 1.3 million railwaymen. The charter of demands include scrapping of the new pension scheme, filling up of vacancies, better working conditions for loco running staff and constitution of the Seventh Pay Commission.

Though the Railway Board had offered to negotiate on Railway-specific demands at meetings held over January 16 and 17 in Delhi, the AIRF leadership has taken the view that some of the key demands such as merger of DA with basic pay and guaranteed pension scheme in place of new pension scheme, could only be resolved by Government of India, Mr. Kanniah said. The union leadership feels that the Railway Ministry needs to facilitate negotiations with the Centre in order to avert the strike, he said.

It may be recalled that during the strike ballot, over 96 per cent of railwaymen in the country voted in favour of an indefinite general strike.

In the six divisions across Southern Railway, 86.8 per cent of railwaymen endorsed the strike plan.

Source: http://www.thehindu.com
[http://www.thehindu.com/news/national/tamil-nadu/decision-on-railwaymens-indefinite-strike-on-february-17/article5610493.ece]

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