Monday, March 10, 2014

Transport Allowance to Central Government Employees at Faridabad, Ghaziabad Gurgaon, and Noida rates applicable to ‘Other Places’

Transport Allowance to Central Government Employees at Faridabad, Ghaziabad Gurgaon, and Noida rates applicable to ‘Other Places’

Payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad Gurgaon, and Noida —Order of Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 OAs (clubbed together) – Matter regarding.

No. 211812010-EII (B)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated: 7th March, 2014.
OFFICE MEMORANDUM

Subject:- Payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad Gurgaon, and Noida —Order of Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 OAs (clubbed together) – Matter regarding.

The undersigned is directed to refer to Order dated 4th October, 2013 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 similar OAs (clubbed together) wherein Hon’ble CAT has directed the Ministry of Finance to re-examine the whole issue of payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida holistically taking into consideration its history starting from the issue of O.M. No.21(1)/97-E-II(B) dated 3.10.1997, the various directions given by the Tribunal from time to time, the arguments advanced by the Applicants in all the OAs for grant of special dispensation to satellite towns with further direction that the decision taken is to be communicated to Ministries/Departments by means of a reasoned order.

2. Accordingly, as directed by Hon’ble CAT, the entire matter has been re-examined ab-initioo in this Ministry. It is stated that Central Government Employees posted in offices located at Faridabad, Gurgaon, Ghaziabad and Noida are eligible for Transport Allowance rates applicable to "Other Places" specified in Ministry of Finance O.M. No. 21(2)I2008-E-II (B) dated 29.08.2008 and NOT at ‘A-1/A’ class cities rates for the following reasons/grounds:-

(a) The ‘special dispensation’ to certain localities, including Faridabad, Ghaziabad, Gurgaon, and Noida, in the matter of grant of House Rent Allowance (HRA) and City Compensatory Allowance (CCA) were allowed, as special cases. by means of separate
orders issued during 1974 to 1990. The ‘special dispensation’ allowed grant of HRA & CCA at Delhi rates to employees posted in offices located in Faridabad, Ghaziabad, Gurgaon, and Noida. However, the ‘special dispensation’ was neither based on classification of Faridabad., Ghaziabad, Gurgaon. or Noida as ‘A-I/A’ Class cities nor inclusion of any of these areas into Delhi (UA) for the purpose of HRA and CCA.

(b) The special dispensation in the matter of grant of HRA & CCA at rates applicable to ‘A-1/A’ Class cities to certain localities including Faridabad, Ghaziabad, Gurgaon, and Noida has been continued till date in respect of HRA and till 31.08.2008 in the respect of CCA, by making explicit provisions in the order issued by the Ministry of Finance since 1993.

(c) The concept of Transport Allowance was introduced by the Fifth Central Pay Commission (5th CPC) to defray the cost of commuting between residence and office. The 5th CPC recommended grant of Transport Allowance @ Rs.800, Rs.400 and Rs.100 p.m. for ‘A1/A class cities and Rs.400. Rs.200 and Rs.75 p.m. for remaining cities/towns to be classified as ‘Other Places’. The 5th CPC had not specified / recommended as to what should be the basis for classification of cities/towns as ‘A-1/A’ class cities or Other Places for the purpose of Transport Allowance. On accepting the recommendation of 5th CPC, order for grant of Transport Allowance was issued vide Ministry of Finance O.M. No, 21(1)197-E-II(B)dated 3.10.1997. Though it was decided that the cities classified as ‘A-1’ and ‘A’ for the purpose of CCA shall be the same for grant of Transport Allowance also, however, it was not decided to extend the ‘special dispensation’ granted to CCA, in respect of certain localities including Faridabad, Ghaziabad, Gurgaon, and Noida, for Transport Allowance.

(d) Clarification in this regard was issued at point No.9 of Ministry of Finance O.M. No.21(1)/97-E-II(B) dated 22.02.2002 that the ‘special dispensation’ to some cities was extended in the case of HRA/CCA only, and that it was not applicable for Transport
Allowance.

(e) The issue of grant of Transport Allowance at higher rates to employees posted in offices located in Faridabad, Ghaziabad, Gurgaon and Noida were raised in various OAs filed in CAT, in particular OA No. 1270/2005 which was disposed by Order dated 18.11.2005. OA No. 483/2005 along with OA No. 1292/2005 disposed by Order dated 16.09.2005 and OA No.2263/2005 disposed by Order dated 03.01.2006. The Order of CAT dated 16.09.2005 in OA No.483/2005 was challenged in the Delhi High Court and the matter was admitted as WP (C)No. 2600/2006 of ESIC & Others v/s Joint Action Council Speciality and Doctors wherein the Union of India is being represented through Secretary, Ministry of Labour and Employment. The Hon’ble High Court of Delhi is yet to decide the matter. Hence, the order of CAT allowing grant of Transport Allowance at ‘A-1/A’ class cities to empIoyees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida is, therefore, sub-judice.

(f) The 6th CPC while recommending CCA to be subsumed in Transport Allowance, did not recommend any special dispensation to be given to any locality in the matter of grant of Transport Allowance. Orders on implementation of the recommendations of the 6th CPC were issued vide Ministry of Finance O.M. No. 21(2)12008-EII (B) dated 29.08.2008 (effective from 01.09.2008) wherein higher rates of Transport Allowance were allowed to ‘A-1/A’ class cities and lower rates to ‘Other Places”. The names of those 13 cities, to which higher rates of Transport Allowance is admissible, have been explicitly mentioned therein, which do not include Faridabad, Ghaziabad, Gurgaon or Noida. All cities/towns/places other than those 13
specified cities, comes under the classification of ‘Other places’ for the purpose of admissibility of Transport Allowance. Moreover, Delhi (UA) classified as ‘A-1’ class city for CCA purpose does not include the areas of Faridabad, Ghaziabad, Gurgaon and Noida.

3. Therefore, Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida should be regulated as per the rates applicable to ‘Other Places’ in terms of Ministry of Finance O.0M. No. 21(2)12008-E.II (B) dated 29.8.2008.

sd/-
(Subhash Chand)
Deputy Secretary to the Government of India
Source: www.finmin.nic.in
[http://finmin.nic.in/the_ministry/dept_expenditure/notification/ta_ota/TA_OM_FNG07032014.pdf]

List of Hard/Tenure stations - CGDA Orders

List of Hard/Tenure stations - CGDA Orders
OFFICE OF THE C.G.D.A.
ULAN BATAR ROAD, PALAM
DELHI CANTT
No. 25012/1/(14)/AN-X/Unpopular
Dated: 06/03/2014
To
All PCsDA/CsDA/IFAs
AIDAEA (HQ) Kolkata/AIDM (CB) Pune

Subject: Hard/Tenure stations.

A list of ‘Hard’ & ‘Tenure’ stations is already in circulation along with the Draft Transfer Policy on 28/6/ 14 for seeking comments. All concerned have given their views on the subject matter. After examination and due deliberation, the competent authority in the HQrs office has decided, once again, to solicit views/suggestions of all concerned, if any.

2. Hence, a combined list of proposed Hard/Tenure stations, taking into account recommendations of the Controllers and administrative feasibility/requirement is annexed with the request to offer your considered views wIthin 15 days from the date of issue of this letter. Nil report is also required.
sd/-
(Rajesh Kalia)
AO (AN)
Source: www.cgda.nic.in
[http://www.cgda.nic.in/adm/hard_ten_stn.pdf]




Conversion of Kendriya Vidyalaya, SPG, Dwarka, New Delhi from Civil Sector to Project Sector - KVS Orders

Conversion of Kendriya Vidyalaya, SPG, Dwarka, New Delhi from Civil Sector to Project Sector - KVS Orders
KENDRIYA VIDYALAYA SANGATHAN
18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI - 110016
F.1-20(3)198-KVS/(Admn-1)
Date 04.03.2014
OFFICE ORDER

Approval of the Honble HRM-cum-Chairmar, Kendriya Vidyalaya Sangathan is hereby conveyed for the conversion of Kendriya Vidyalaya, SPG, Dwarka, New Delhi from Civil Sector to Project Sector with effect from 01.04.2014 on the request of the Sponsoring Authority.

The sponsor i.e. Special Protection Group. New Delhi will be responsible to provide:
1. Permanent Vidyalaya building as per specification of the KVS.

2. 100% staff quarters to all the staff of the Kendriya Vidyalaya.

3. All recurring & non-recurring expenditure including proportionate over-head charges and future development expenditure.
The sponsor shall remit the budgeted amount of recurring/Non-recurring expenditure in advance instalments to the Deputy Commissioner, KVS, Delhi Region i.e. first instaIlment in the month of April and second in the month of October for each financial year.


In case the sponsor fails to fulfill their commitment as agreed to, the Commissioner, KVS is empowered to reduce the number of classes/sections and also direct the closure of Kendriya Vidyalaya by giving due notice to the sponsor.

The admission to the Kendriya Vidyalaya will be as per the priorities/rules prescribed by the KVS under Project Sector.

sd/-
(Dr.E.Prabhakar)
Joint Commissioner (Pers.)
Source: www.kvsangathan.nic.in
[http://kvsangathan.nic.in/CircularsDocs/CIR-ADMN-05-03-14.PDF]

Revised scales of office space for various categories of officers and staff and special requirements of Central Secreatariat

Directorate of Estates Orders : Revised scales of office space for various categories of officers and staff and special requirements of Central Secreatariat

 No.11015/1/98-Pol.I
Government of India
Ministry of Urban Development
Directorate of Estates

New Delhi. the 20th Feb, 2014
OFFICE MEMORANDUM

Subject:- Revised scales of office space for various categories of officers and staff and special requirements of Central Secretariat excluding those serving in the Income Tax, Central Excise and Customs Departments.

The undersigned is directed to refer to the then Ministry of Work & Housing & Urban Development OM No. 11015(2)/75-PoI.lV dated 24.11.76, this Ministry OM dated 20.10.87 and OM of even number dated 07.0898 on the above subject and to say that consequent upon revision of pay scales of the Central Government employees on the recommendation of the 6th Pay Commission as notified vide CCS (Revised Pay) Rules, 2008, it has been decided to prescribe revised scales of office space for various categories of officers and staff and special requirements as under, with immediate effect:

Click to continue the OM

Source: www.estates.nic.in
[http://estates.nic.in/WriteReadData/dlcirculars/Circulars20320.pdf]

Directorate of Estates Orders: Review of Guidelines on regularization, allotment of alternate accommodation in the name of eligible spouse, ward of the allottee in the event of death, retirement,transfer of the allottee

Directorate of Estates Orders: Review of Guidelines on regularization, allotment of alternate accommodation in the name of eligible spouse, ward of the allottee in the event of death, retirement,transfer of the allottee
 No. 12031/1/2013-Pol.II
Government of India
Ministry of Urban Development
Directorate of Estates
Nirman Bhavan,
New Delhi -110 108
Dated the 18th February, 2014

OFFICE MEMORANDUM

Subject: Review of guidelines on regularization / allotment of alternate accommodation in the name of the eligible spouse / ward of the allottee in the event of death /retirement / transfer of the allottee.

Several instructions have been issued from time to time by this Directorate regarding regularization / allotment of alternate accommodation in the name of eligible spouse / ward of an allottee in the event of death / retirement / transfer of the allottee. It has been observed that some of the provisions contained in these instructions are inconsistent. Further, the rationale behind providing the facility of regularization / allotment of alternate accommodation in the name of the spouse/ward of the deceased/retired/transferred allottee is to avoid dislocation and hardships to the family of the alottee due to such an event. It is, however, felt that imposition of conditions like date of priority should be covered for providing such a facility undermines the very motive behind such a provision and causes undue hardships to the family of the allottee.

2 In view of above, the matter has been reviewed and, in supersession of all previous Orders/OMs issued by this Directorate in the subject. it has now been decided with the approval of the competent authority to consolidate the several instructions issued from time to time in this regard by harmonizing and modifying them as under

(I) In the event of death of the allottee, the same accommodation may be regularized in the name of the eligible spouse/ward of the deceased allottee if he/She is entitled for it and, if not, an alternate accommodation of entitled lower type may be allotted to him/her on payment of normal licence fee irrespective of the fact whether the eligible spouse/ward had been residing with the allotte prior to the death of the allottee, subject to fulfillment of the following conditions :-

a) In case the spouse/ward had been residing with the deceased allottee prior to the death of the allottee, he/she has not drawn house rent allowance for this period:

b) Request for regularization/allotment of alternate accommodation may be considered in case the spouse/ward gets employment in an eligible office even after the death of the allottee, provided the appointment is secured within a period of two years after the death of the an allottee and the accommodation in occupation has not been vacated;

c) In case of compassionate appointment, were appointment has been approved by the concerned Department and the name of spouse/ward has been under consideration for three years for offering appointment due to non-availability of a clear vacancy and the prescribed Committee has reviewed and certified his/her penurious condition at the end of the first and the second year, the accommodation may be
regularized/allotted in the name of such a spouse/ward provided the appointment is secured within a period of three years after the death of the allottee and the accommodation in occupation has not been vacated, and

d) A daughter-in-law, working in an eligible office, will also be eligible for regularization/allotment of alternate accommodation.

(ii) In the event of retirement of the allottee, the same accommodation may be regularized in the name of the eligible spouse/ward of the retiring allottee if he/she is entitled for it and, if not, an alternate accommodation of entitled lower type may be allotted to him/her on payment of normal licence fee irrespective of the fact whether the eligible spouse/ward had been residing with the allottee prior to the retirement of the allottee, subject to fulfillment of the following conditions:

a) In case the spouse/ward has been residing continuously with the retiring allottee, he/she has not drawn house rent allowance for this period,

b) Request for regularizatio/allotment of alternate accommodation may be considered in case the spouse/ward of the retiring alottee joins the Government service an an eligible office even after the date of retirement of the allotee, provided he/she joins the Government service within the permissible period of retention and the accommodation in occupation has not been vacated.

c) A married daughter, working in an eligible office, will be eligible for regularization/allotment of alternate accommodation irrespective of the fact that the retiring official is having a son and he is in a position to maintain the parents,

d) A daughter-in-law, working in an eligible office, will also be eligible, for regularization/allotment of alternate accommodation: and

e) In case of more than one eligible ward, the retiring official will have option to exercise his/her choice an favour of his/her wards.

(iii) In the event of transfer of the allottee to another station, the same accommodation may be regularized in the name of the eligible spouse, of the transferred allottee if he/she is entitled for it and. if not, an alternate accommodation of entitled tower type may be allotted to him/her on payment of normal licence fee,

(iv) Regularization/allotment of alternate accommodation in the event of death/retirement/transfer of the allottee shall also be subject to the following conditions

a) The facility of regularization/allotment of alternate accommodation shall be admissible in all the aforesaid cases irrespective of the facts whether the date of priority of the spouse/ward is covered on the date of death/retirement/transfer of the allottee.

b) The application for regularization/allotment should be submitted within the permissible period of retention after the date of death retirement/transfer of the allottee or, in case of death / retirement of the allottee, from the date of appointment of the spouse/ward in Government service, whichever is later:

c) All the dues outstanding in respect of the accommodation occupied by the deceased/retired/transferred allottee must be cleared before submission of the application for regularization / alternate allotment.

d) The grade pay drawn by the spouse/ward on the date of death/retirement/transfer of the allottee will be taken into account for determining the entitled type of accommodation

e) In all the aforesaid cases, the regularization/alternate allotment In the name of the spouse/ward will be made, to the extent possible, in the same area, failing which in a nearby area: and

f) The facility of regularization/allotment of alternate accommodation will not be admissible in following cases

(i) where the allottee or any member of his/her family owns a house at the place of posting where regularization is being sought: and

(ii) where the allottee has become ineligible for allotment of General Pool residential accommodation, due to any reason, on or before the date of his/her death / retirement / transfer.

3. This OM is applicable from the date of issue. The cases which have already been decided will not be reopened under any circumstances.

sd/-
(S. K. Jain)
Deputy Director of Estates (Policy)
Source: www.estates.nic.in
[http://estates.nic.in/WriteReadData/dlcirculars/Circulars20315.pdf]

Temporary Allotment of Community Centre including Banquat Hall, Bar Hall and Restaurant in GPRA Complex, New Moti Bagh, New delhi for social and domestic functions

Temporary Allotment of Community Centre including Banquat Hall, Bar Hall and Restaurant in GPRA Complex, New Moti Bagh, New delhi for social and domestic functions

No.DE/MKT/CIub/NMB/2013
Government of India
Ministry of Urban Development
Directorate of Estates


Nirman Bhavan,
New Delhi - 110108,
Dated the 24th February, 2014


OFFICE MEMORANDUM
Subject: Temporary allotment of Community Centre (also called as “The Club”) including Banquet Hall, Bar Hall and Restaurant in General Pool Residential Accommodation (GPRA) Complex, New Moti Bagh, New Delhi for social and domestic functions.

Temporary allotment of Community Centre (also called as ‘The Club”) including Banquet Hall, Bar Hall and Restaurant in General Pool Residential Accommodation Complex, New Moti Bagh, New Delhi for social and domestic functions has been considered and it has been decided that temporary allotment of Community Centre including Banquet Hall, Bar Hall and Restaurant in General Pool Residential Accommodation Complex, New Moti Bagh, New Delhi shall be governed by the following guidelines:

Click to continue the OM

Source: www.estates.nic.in
[http://estates.nic.in/WriteReadData/dlcirculars/Circulars20317.pdf]

Notification regarding Allotment of Government Residences (General Pool in Delhi)

Directorate of Estates Orders - Notification regarding Allotment of Government Residences (General Pool in Delhi)

(TO BE PUBLISHED IN THE GAZETTE OF INDIA
PART II SECTION-3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF URBAN DEVELOPMENT
(DIRECTORATE OF ESTATES)

NOTIFICATION
New Delhi, the 24th February, 2014

G.S.R. - In pursuance of the provisions of rule 45 of the Fundamental Rules, the President hereby makes the following rules further to amend the Allotment of Government Residences (General Pool in Delhi) Rules, 1963, namely :-

1. Short title and commencement. -
(1) These rules may be called the Allotment of Government Residences (General Pool in Delhi) Amendment Rules, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Allotment of Government Residences (General Pool in Delhi) Rules, 1963, in Supplementary Rule 317-B-8, in clause (3), for sub-clause (b), the following sub-clause shall be substituted, namely:

(b) in the Tenure Officers’ Pool, the inter se seniority shall be determined in relation to their counterparts on central deputation in Delhi on the basis of their seniority in their respective batches:

Provided that the allotment of accommodation to the officers of the All India Services working in the office of the Resident Commissioners of various State Governments or Union territories at Delhi shall be restricted to the number of residential units prescribed for them and upto Type VIA [C-II] accommodation only.

[F.No.12035/11/2002-PoI.II(Vo/IV)]

sd/-
(S.K. Jain)
Deputy Director of Estates (Policy)
Source: www.estates.nic.in
[http://estates.nic.in/WriteReadData/dlcirculars/Circulars20316.pdf]

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