Wednesday, April 16, 2014

Central Government women employees can get 730 days leave for child care: Supreme Court

Central Government women employees can get 730 days leave for child care: Supreme Court

The Supreme Court on Tuesday held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness. A bench of justices SJ Mukhopadhaya and V Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil Services (Leave) Rules do not permit uninterrupted CCL(Child Care Leave) for 730 days.

“On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc,” the bench said.

It said that CCL even beyond 730 days can be granted by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on guidelines issued by the central government. The court passed the order on a petition filed by a woman government employee Kakali Ghosh challenging government’s decision not to grant her leave of 730 for preparing her son for secondary/senior examinations.
She had first approached Central Administrative Tribunal Calcutta for getting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.

The apex court set aside the High Court’s order. “We set aside the impugned judgement dated September 18, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgement and order dated April 30, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/ production of this judgement,” it said.

Source: www.ibnlive.in.com
via: Central Government News

7th Pay Commission Report and the Need for Timeliness

7th Pay Commission Report and the Need for Timeliness

Background of the 7th Pay Commission

The 7th pay commission report - when is it going to be submitted?
The announcement about the 7th pay commission report came out on September the 25th of 2013. This pay commission unlike the 6th pay commission was set up well in advance. This became possible due to significant efforts of various organisations, union lists and the finance commission report. Announcements say that the 7th pay commission will be implemented from 1.1.2016 and it will take approximately 18 months time for the report to be submitted.
Recently, the 7th pay commission Chairman and the members gave out a public statement on 4.2.2014 and after that on 22.2.2014 the important 7th cpc terms and references were released. Now, the thought that floats on everyone’s mind is whether the 7th pay commission report will be submitted within the 18 months time period and will the employees be able to get the benefits along with their salary from 1.1.2016.
Recently, in the Lok Shaba during the question and answer session, it was pointed out that no specific time limit can be specified as of now for the implementation of the 7th pay commission. However, the finance ministry is now recruiting people for the 7th pay commission pay cell on deputation basis. This is a good attempt which boosts our confidence in the fact that the 7th pay commission will be put into effect on time.

Reports of the Earlier Pay Commissions
If the employees get the benefits of the 7th pay commission along with our salary on 1.1.2016, then, this will be the first time we are given the pay commission benefits without arrears. I am providing a link containing reports about when the previous pay commissions were set and when they were implemented.
Pay Commission
Date of Appointment
Date of submission of report
Financial impact (Rs. In crores)
Time
First Pay Commission May, 1946 May, 1947 N.A 1 YEAR
Second Pay Commission August, 1957 August, 1959 39.62 2 YEARS
Third Pay Commission April, 1970 March, 1973 144.60 3 YEARS (aprx)
Fourth Pay Commission June, 1983 3 reports submitted in June, 1986; Dec. 1986 and May, 1987 1282 4 YEARS(aprx)
Fifth Pay Commission April, 1994 January, 1997 17,000 3YEARS (aprx)
Sixth pay commission July 2006 March 2008
18 months

Arrears of the 6th Pay Commission :- When you see the timetable above, you can understand that none of the previous pay commissions were implemented on time and without the payment of arrears. When the 6th pay commission was implemented, the government paid a huge amount as arrears in two instalments. This impacted the economy considerably and caused changes in inflation rate and GDP. This shocking fact was revealed by the 13th finance committee report.

The Benefits of the Timely Implementation of the 7th Pay Commission :- What benefits will the employees get if the 7th pay commission is implemented on 1.1.2016? Let us have a look.

Firstly, all the allowances and benefits can be got on 1.1.2016. When the benefits are paid as arrears the employees will not get some of the allowances due to exclusion.

Secondly, the government will not have to pay a huge amount as arrears and thereby can avoid economic burden.

Thirdly, if a National Anomaly Committee is set up and the shortcomings of the 7th pay commission are corrected immediately, employees can receive the benefits easily. We have to note that several points mentioned the anomaly committee report of the 6th pay commission still remain problematic and uncorrected.

Fourthly, let us have a look at the elements of ACP and MACP. Like the ACP and MACP, the financial up gradation is going to be introduced in the 7th Pay Commission; the issues that may arise due to this have to be resolved in a timely manner so that everyone may be benefitted by it.   In the 5th pay commission, the time limit for promotion through ACP remained at 12 years, and in the 6th pay commission the time limit for promotions through MACP remained at 10 years. In the 5th pay commission, a new method of promotion through hierarchy was introduced. In the 6th pay commission promotions happened through grade pay structure.
The main aim of introducing ACP and MACP is to make sure that an employee gets minimal promotion at least thrice in his life time of service. If this is the case, the minimal service period of an employee should be at least 30 years. But presently, employees are appointed even at the age of 37 and so their service period is just 23 years. Such problems have to be carefully considered well in advance and solved before the 7th pay commission is implemented.

Let us believe that the 7th pay commission will be the first arrears-free pay commission and implemented on time as per the guidelines of the 13th finance commission.

FAQ on Grievance Redress Mechanism in Government of India

FAQ on Grievance Redress Mechanism in Government of India 


FAQ on Grievance Redress Mechanism in Government of India and the role of Department of Administrative reforms and Public Grievances, New Delhi, therein...

The Department of Administrative Reforms and Public Grievances is the nodal agency of the Government of India for administrative reforms as well as redressal of public grievances relating to the states in general and those pertaining to Central Government agencies in particular. The Department endeavors to document and disseminate successful good governance practices by way of audio-visual media and publications. The Department also undertakes activities in the field of international exchange and cooperation to promote public service reforms.

FREQUENTLY ASKED QUESTIONS ON GRIEVANCE REDRESS MECHANISM IN GOVERNMENT OF INDIA AND THE ROLE OF DEPARTMENT OF ADMINISTRATIVE REFORMS AND PUBLIC GRIEVANCES, NEW DELHI, THEREIN
Sl. No. QuestionResponse
1 What is the postal address of the Department of Administrative Reforms and Public Grievances? Department of Administrative Reforms and Public Grievances, 5th floor, Sardar Patel Bhavan, Sansad Marg, New Delhi – 110001.
Website: www.darpg.gov.in
Tele fax – 23741006
2. What is the organization structure of grievance redress in Government of India? The organization structure comprises of the following nodal agencies for receiving grievances from the citizens :

(a) The Department of Administrative Reforms and Public Grievances.(DAR&PG) (http://pgportal.gov.in)
(b) The Public Wing in Rashtrapati Bhawan Secretariat. (http://helpline.rb.nic.in)
(c) The Public Wing in the Prime Minister’s Office. d) The Directorate of Public Grievances in Cabinet Secretariat. (DPG) (http://dpg.gov.in) e) The Department of Pensions and Pensioners’ Welfare.(DP&PW) (http://pgportal.gov.in/pension/)
All the above nodal agencies receive grievances online through http://pgportal.gov.in as well as by post or by hand in person, from the public.
The grievances received online in the Public Wing of Rashtrapati Bhawan, the Prime Minister’s Office and the DP&PW, also get converged in the http://pgportal.gov.in (For details please refer to Chapter 1 of the bilingual ‘Compilation of Guidelines for Redress of Public Grievances, August 2010’, accessible on Public Grievance portal as above and under ‘Rules and Manuals’ on www.darpg.gov.in)
3. What is the mandate of the DAR&PG with regard to grievances? As per ‘Allocation of Business Rules 1961’, the following work on grievances is allocated to DAR&PG:-

1. Policy, coordination and monitoring of issues relating to –
(a) Redress of public grievances in general; and
(b) Grievances pertaining to Central Government agencies
4. What are the requirements for sending of grievances by post? In cases where internet facility is not available or even otherwise, the citizen is free to send his grievance by Post. For this, no form is prescribed. The grievance may be written on any plain sheet of paper or on a Postcard / Inland letter and addressed to the Department.
5. After redress, can the grievance be re-opened for further correspondence about it having been closed without details etc.?No. In such situations, the citizen will have to lodge a fresh grievance drawing reference to the closed grievance, and call for details. Sometimes, the details are sent by post and mentioned in the final report. The postal delivery may be awaited before lodging a fresh grievance.
6. What is the common framework for grievance redress in all Central Ministries / Departments/ Organizations?Framework for redress of grievances in all Central Ministries / Departments / Organizations: Every Central Ministry / Department has designated a Joint Secretary or a Director / Deputy Secretary, as its ‘Director of Grievances’.
He / She is the nodal officer for redress of grievances on work areas allocated to that particular Ministry / Department.
7. What are the contact details of the Nodal Officers of Public Grievances in |Ministries/Department? This list is accessible through- out the year on the Department’s website at www.darpg.nic.in and at www.pgportal.gov.in
8. When was pg portal started? Centralized Public Grievance Redress and Monitoring System (CPGRAMS) is operational since 1/6/2007.
9. What is the purpose and objectives of pgportal? Pgportal is an online system for facilitating citizen for lodging of grievances from anywhere, anytime 24x7. The system enables Ministries/Departments close monitoring of the grievances received for expeditious disposal and upload Action Taken Report.
The citizens can view the status of action taken. There is also a feedback mechanism for satisfaction rating by the complainant of the action taken which may lead to further improvements.
10. What type of Public Grievances are heard by the Department? The grievances from public as well as from officers and staff received by the Department. These grievances may relate to deficiency in delivery of goods and/ or services by any Government organization, including service and personnel matters.
10.AWhat is the system of granting personal hearing on grievances. Forenoon of every Wednesday of the week has been earmarked for receiving and hearing of grievances by the Director of Public Grievances in person.
11.What are the type of grievances which are not taken up for redress by the department? (a). Subjudice cases or any matter concerning judgment given by any court.
(b). Personal and family disputes.
(c). RTI matters.
12. What is the role of Department of Administrative Reforms and Public Grievances (DARPG) with reference to the grievances concerning Central Ministries/Departments/ Organizations? The Department of Administrative Reforms & Public Grievances is the chief policy making, monitoring and coordinating Department for public grievances arising from the work of Ministries/Departments/Organizations of the Government of India. The grievances received in the department are forwarded to the Ministries/Departments concerned.
Redressal of grievances is done by respective Ministries/Departments in a decentralized manner. The Department periodically reviews the status of redressal of public grievances under CPGRAMS of Ministries/Departments for speedy disposal of grievances / complaints.
13.What is the role of Department of Administrative Reforms and Public Grievances (DARPG) with reference to the grievances concerning State Government?All grievances relating to State Governments / Union Territory Administrations and Government of NCT Region of Delhi, are to be redressed by the State/ UT/ NCT Government concerned. Citizens are advised to take up matter regarding pendency of their grievances directly with the State Government concerned. In view of federal principle of governance enshrined in the Constitution of India no monitoring is done by the DARPG.
14. What procedures are used by DARPG to inform the aggrieved citizen? On successful lodging of a grievance an acknowledgment is auto generated on the online system. A grievance received by post is acknowledged within three days of the receipt.
A grievance received by hand is acknowledged at the same time After careful scrutiny, the grievances received in the Department of Administrative Reforms and Public Grievances are forwarded to the Ministries/ Departments/Organizations/State Governments/ UTs concerned for appropriate action.
The complainant is also informed about the name and address of the officer and the organization to whom the complaint has been forwarded for action.
15.What is the time limit for redress of grievance? 60 days as per Guidelines. In case of delay an interim reply with reasons for delay is required to be given.
However, this time limit is not mandatory as the grievance redress mechanism is voluntary in nature.
16.What action can be taken by the citizen in case of non-redress of his grievance within the prescribed time? He may take up the matter with the Director of Public Grievances of the Ministry/Department concerned whose details are available on the pgportal.
17.In case of non-redress of a grievance within the stipulated time of 60 days, what action can be taken against the officer concerned? No penal provisions have been prescribed in the Guidelines relating to redress of public grievances.
However, in case of any dereliction of duty it is the responsibility of the Ministry/Department concerned, to take disciplinary action against the erring official.

Source: www.darpg.gov.in
[http://darpg.gov.in/darpgwebsite_cms/Document/file/faq-pgportal.pdf]

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