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

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